PART ONE
Six weeks stole by. On a Saturday morning, Nick consumed the early part of the day in a Stockton saloon guzzling a whole bottle of whiskey to deaden the recurring pain. Sitting on a stool he had appropriated himself at the far end corner of the counter, he was caressing the alluring curves of his bottle he called his only friend. By now the regular saloon patrons had learned to ignore the raggle-taggle mourner who had repeatedly rebuffed their sympathy. He felt repulsion for anyone who tried to ease his aching soul and deliver him from this excruciation. Nick aggressively refused to sober up. Alcohol was keeping the harrowing events at bay, casting a net over to prevent them from surfacing.
Elizabeth Moors, a twenty-three-year-old petite stringy blonde wafted into the place and went to the bar where the owner was polishing some glasses. She was a waitress usually working on the night shift but she had graciously accepted to switch time slots for a fellow worker who felt under the weather.
As she tightened the apron around her waist, she caught a fleeting glimpse at Nick. She looked twice, squinting at the unkempt grief-stricken Barkley.
“Who’s that man at the end of the bar, Harry?” she asked her employer. “ His face’s familiar.”
“That’s Nick Barkley.”
“Barkley? Of the Barkley ranch? But I was told the family members all perished in that devastating fire?”
“All except him.”
“Poor man. That must have been horrible.”
“That’s an understatement, my dear Lizzy. Ever since the tragedy he’s been sitting there, tossing down a bottle of whiskey a day. I’ve rarely seen him sober.”
“Has anyone tried to talk to him?”
“You’d be the only one left in town who hasn’t and I strongly advise you to keep out of his way. He made it quite clear he doesn’t want any sympathy.”
Elizabeth ignored her employer’s warning and edged up to Nick.
“You’re Nick Barkley, aren’t you?”
Nick was silent, turning a deaf ear and with a scowling look on his face, quaffed down the last gulp of his cherished medicine.
“Hi. My name’s Elizabeth.”
“Go away,” an annoyed Nick said scornfully.
Elizabeth bowed her head in a sympathy gesture. “I know what happened to your family and I just wanted to...”
“I said...GO AWAY!!!!” Nick interjected irascibly, his ire gradually escalading.
“I’m sorry but it’s apparent to me you need a shoulder to cry on.”
Nick turned to her, baring his teeth. Teetering on the brink of collapse, he put on his hat and staggered out of the saloon, nearly stumbling on a chair that he kicked clear across the room.
Elizabeth watched the grieving loner lurch out of the place. A wave of solicitude swept over her. She knew the Barkleys were once held in high repute by the valley residents and that Nick was known to be tempestuous, especially when a person dared address an unwarranted remark toward any member of his family. The tragedy that had befallen him was progressively whittling away his resistance to fight and to rise above his affliction.
Her shift beginning in fifteen minutes, Elizabeth decided to occupy that time at following Nick. Inconspicuously, she trailed the slovenly prostrate man to the town cemetery.
On the burial grounds, Nick slumped to his knees on Heath’s grave and struck a casual one-way conversation with his departed loved ones.
“Hey little brother. Still sleeping on the job?” he tittered. “I’m just jiving ya. I know you’re a hard worker.”
Nick paused as if listening to an echoing whisper. He goggled in exasperation. “Yes, Mother! I shaved this morning. Look...,” he brushed a hand against his chin, “ smooth as a baby’s bottom.” He sighed. “Okay, I know, the hair. I couldn’t find my comb.”
Elizabeth stood from a place of concealment behind a tree, pricking up her ears to the eerie discussion.
Nick swivelled his head towards Audra’s headstone erected at the right of Heath’s grave. “ Look who’s talking!” he snickered. “ How many times have I seen you with tousled hair, exception being when you wanted to charm the socks off a....” Nick’s chat was abruptly interrupted by the sound of a crackling twig. He looked behind him. “Who’s there?” he asked with a sharp voice.
Nabbed in the act, Elizabeth shyly stepped into view.
“You again? What are you doing here? This is a private conversation,” Nick snapped at the sheepish girl.
“I’m sorry. I was curious as to who you were talking to.”
“None of your business!”
Nick staggered to his feet and walked dizzily towards Elizabeth. “I said I want to be left alone,” he snarled, glowering at her with fiery red eyes.
“Nick, I...”
“Hey, that’s MISTER Barkley. I don’t know you, Lady.”
“I just want to talk to you,” she pestered.
“I SAID...LEAVE...ME...ALONE!!!!!!” Nick replied, pounding his every word.
She seized his arm as he turned to walk away. A peeved Nick responded with a sudden brutal movement that hurled Elizabeth against the tree trunk. She thwacked the back of her head and slid senseless to the ground.
Nick was in a flutter. His alcohol-dulled mind impeded any sound judgement on his part. His legs were frozen with fear.
In a fleeting instant, he experienced a flashback of Heath heaving his last breath in his arms. He shrunk back in horror. The memories were rushing above one by one at the sight of the passed out woman. He held his head and gnarled his teeth, striving to curb the emotions gradually poisoning his conscious.
Quickly, he lifted Elizabeth and carried her over to the doctor’s office.
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Doctor Merar had suggested to Nick to remain in his outer office while he examined the patient. Although reluctant at first, Nick finally acquiesced.
Minutes later, the doctor drew the curtains aside and walked over to Nick.
Nick sprung to his feet. “Doctor, how is she?”
“She’s going to be fine. She wants to talk to you.”
“Not a good idea,” Nick answered, shaking his head.
“Nick!” The doctor squeezed his elbow. “ Go see her.”
Nick gathered his courage and ambled into the examining room. He approached Elizabeth very cautiously.
“Come closer,” she invited. “I’m not going to bite you.”
“Doctor Merar said you wanted to see me?”
“Yes. Sit down.”
Nick began to feel uneasy.
“Please, sit down.”
Nick grabbed a chair and sat next to the examining table.
“What is it?” he asked impatiently.
“I want to talk to you.”
“What about?”
“What happened to your family.”
Nick shot to an upright position. “Goodbye, Lady.”
“It wasn’t your fault,” she said, raising her voice to prevent him from leaving.
Nick stopped. “How dare you say that to me! You weren’t there. You didn’t see it happened.”
“I know you risked your life by jumping blindly into the raging inferno to save them and managed to drag out your brother Heath.”
“Hell of a lot of good that did him. He died less than an hour later. “ Nick swallowed a growing lump in his throat. “ I never should have been...”
“Away?” she bluntly cut off. “ That’s why you’re racked with guilt? You blame yourself for not being with your family inside that burning house, constantly cursing God for leaving you alone to carry on the family name, don’t you?”
“Why do you care, Lady?”
An emotional Elizabeth bit her lower lip and stared Nick in the eyes. “Because I’m carrying your brother Heath’s child.”
“Say that again,” a dark-eyed Nick dared the young woman.
“I’m going to have your brother’s child,” she repeated composedly.
“You’re lying!” he roared, glaring at her.
“Why would I do that?” she roared back.
“I know Heath. He’d never knock up a woman and then leave her out on the lurch.”
“He didn’t know. Found out myself two days ago.”
Nick let the steam out in one extended breath. “ I don’t believe you.”
“Ask Doctor Merar.”
“No I mean I don’t believe it’s my brother’s baby.”
“Do you want to know what happened?” she calmly asked.
Nick remained silent. He turned away, trying to contain the raging spirit that dwelled inside him.
She hopped down the examining table and clasped her arms around her body. She closed her eyes and sighed, garnering the courage to relate the heartbreaking tale of the fateful meeting with Heath, knowing that Nick would be hurt by what she had to tell him.
“It was the night before the fire and my first day on the job. I saw this handsome cowboy sitting by his lonesome at the end of the bar. Little did I know he was plying himself with liquor. I went up to him and struck a casual conversation.” She paused and looked out the window. “He was upset and hurt by a comment that his older brother had made. I couldn’t tell you what it was ‘cause his speech was slurred. He didn’t make much sense, rambling most of the time. All I know is that he was ashamed of having let his brother down.”
Nick recoiled. His face distorted, his hands tightly clenched in fists.
Elizabeth continued, “He was close to passing out, so I asked my boss to rent him a room and that’s when I found out he was a Barkley. Tucked him in nicely and we continued talking. I felt so much compassion for those bewitching blue eyes, so help me God I....” She averted her gaze from the window and turned to Nick. “He was too drunk to even remember it happened.”
Nick was devastated. “Can’t believe he never told me! He went to his grave thinking I...oh Heath!” Nick smacked his forehead with the palm of his hand, looking upwards. “ I never meant what I said! I’ve always been so proud of you,” he cried out, tears flooding his eyes.
Elizabeth walked over to Nick and put her hand on his arm. “What happened between you two? It’ll help to talk about it.”
Face bathed in tears, a stoic Nick stared into nothingness. “Three years ago, we inherited a small acreage of land from a baron who owed our father for helping him boost his cattle business. On it was a dwindling one-horse town, almost a ghost town, that my brother Jarrod and I saw fit to restore. Heath wasn’t there the first year. We didn’t know we had a brother at that time. When he showed up at the ranch with his story of being our father’s bastard son, I could have killed him! But I don’t know what happened to me after that. As I got to know him, I...began to like him.”
“He is very likeable.”
“Yeah. We readily accepted him into the family and he joined in the work. We really needed his help. That kid is the best and fastest worker I’d seen in years...”
“Is.”
“What?”
“You said IS.”
Nick closed his eyes in pain. Elizabeth’s word ripped through him. Heath was no more.
Elizabeth wrapped a comforting arm around Nick’s shoulders.” Hey it’s okay. In a sense, he IS still here, watching over you. Tell me more about him.”
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FOUR MONTHS EARLIER...
Thomasville had lived up to the Barkley boys’ expectations. It was now a teeming town with well over a hundred inhabitants. They had mended the sheriff’s office, the livery stables, the school, the general store, the assay office, the library, the saloon, the hotel, the bank and even built an office for the older brother to set up his law practice. At Audra’s request, they landscaped a small playground for the children that their sister adorned with flowers, despite the fact she’d been forewarned of the risk of having the boisterous little rascals trampling over them.
Heath and Nick buckled down to the task of putting the finishing touches on the church boardwalk.
“Hey, Heath! Hurry up with that board!” Nick hollered, sitting on the front porch hammering out the last nail.
“I’m coming, I’m coming!” Heath shouted back from around the corner of the building where dozens of planks were stacked up.
“What are you doing back there? Napping?” Nick bantered.
Heath showed up with a board swinging on his shoulders. “Hum, that’s more your style, Nick.” Heath dropped the item at Nick’s feet. “Here you go,” he said, slapping his hand clean.
“I wouldn’t want to rush you fellows but the church has to be finished in time for Sunday mass, that’s tomorrow,” Jarrod stressed, handing over a ladle of water to Heath.
“Don’t get all ruffled, Jarrod. I don’t see you get down in the dirt and get your hands soiled,” Nick observed.
“Well, I would if I could,” a slightly embarrassed Jarrod stated.
“Oh? What’s stopping you?”
“ I’m not blessed with the same manual dexterity like you guys are.”
“Is that a compliment or just a clever way to get out of work?” Nick teased, raising his eyebrow incredulously.
“Hey, I’ve done more than my share!” Jarrod defended. “Bringing you two food and water. And at the rate you gobble up, I’d say it’s a full time job.”
“He’s got a point there, Nick, “ Heath chaffed.
“That comment applied to you too, little brother.”
“How did you two ever manage the first year without me here?”
“Same thing while you were here, I’ve been doing all the work,” Nick boasted.
“Hum, what’s that humming sound I hear,” Jarrod bantered, poking his finger in his ear and shaking it. “My ears are ringing,”
“Hum, don’t be a wise guy, Pappy.”
A young red-haired woman ambled past the church, catching Nick’s eyes. Wearing a lovesick grin on his face, he followed her all the way to the general store, head resting on his fist.
“Have you asked her out, yet?” Heath queried his woolgathering brother.
“Not yet.”
“What are you waiting for, dummy?”
“The right moment, pinhead.”
“The right moment? Nick you’ve had plenty of occasions in the past six weeks. If you continue to sit on the fence, I’M going after her.”
“Don’t you dare set foot in my yard, blondie!”
A greyish middle-aged horseman trotted into town on his shiny black stallion. His distinguished bearing had connotations of a man with quality and knowledge, a welcomed addition to a booming town like Thomasville.
He reined in his mount in front of the saloon and asked a man where he could locate Attorney Jarrod Barkley. He pointed to the lawyer.
“Pardon me, gentlemen,” the stranger apologized, tipping his hat. “I wonder where I might find Jarrod Barkley?”
“I’m Jarrod Barkley. What can I do for you, sir?”
“There’s a urgent matter I would like to discuss with you. I would be greatly obliged if you could spare me a few minutes of your time?”
“Certainly. Join me in my office.”
The man followed Jarrod on his mount.
Heath and Nick watched the man with dubious stares.
“Nick, do you know that man?”
“Never seen him before in my life.”
“Wonder what he wants?”
Nick shook his head.
Jarrod had barely closed the door that the man handed him a document.
“What’s this?”
“A land concession. Let me introduce myself. I’m Matthew Peterson, owner of the Double Fork ranch out in Rosedale. This here piece of paper,” he jabbed the sheet in Jarrod’s hand, “is the proof that this town is erected on my property.”
Jarrod gave the document a cursory glance as he walked over to his desk.
“I want it back,” Peterson snarled.
“Now just a minute, Mister Peterson. Old man Witherspoon bequeathed the land to my brothers and I. He was the rightful owner and his papers were in warrantable orders.”
“That land was originally mine before your daddy and Witherspoon conspired to steal it from under my nose.”
“That’s a harsh accusation. Do you have any proof?”
“You have it right there,” Peterson pointed to the sheet in Jarrod’s hands.
“This title deed appears to be legal but how I do I know it’s not a forgery?”
“I can assure you, it’s not.” Peterson’s temper began to flare up.
“Anyone bore witness to the signature?”
“Yeah. A lawyer out in San Francisco named Langford.”
“I know him. You don’t mind if I get in touch with him?”
“How long will it take?”
“Why do you ask? You’ve waited this long to come forward, surely you can wait a few more weeks?”
Peterson stumped forward and leered at Jarrod. “Okay but I’m warning you, don’t play hotshot lawyer with me. I intend to claim back my land if I have to burn down every single building in town.”
Jarrod stepped up to Peterson and glare back at him at eye level. “We don’t take too kindly to threats around here, Peterson. Now we’ll settle this within the govern laws.”
In a huff, Peterson exited the office, slamming the door behind him.
Peterson tried to regain his composure as he stamped down the stairs to Jarrod’s office. He straddled his stallion and reached into his shirt pocket to take out a sheet of paper that he unfolded. Horror struck him when he realized the mistake he’d made, given Jarrod the wrong document.
Panicked, he dismounted and dashed up the stairs. He stopped convinced it was the wrong move.
He mounted back his horse and spurred him at a gallop.
Nick and Heath watched him disappear behind a thick cloud of twirling dust.
“Don’t seem to happy,” Nick remarked, handing Heath a batch of nails.
“Wonder what happened in there?”
Nick caught a sidelong glimpse of Jarrod walking towards them, title deed in hand. “We’ll soon find out.”
Nick translated Jarrod’s wrinkled brows as bad news. “That guy’s trouble, isn’t he?”
“To put it mildly.”
“What did he want?” Heath asked, removing the nail out of his mouth.
“He claims this land including Thomasville is legally his.”
“What? Oh come on!” Nick bellowed.
“He has the proof of ownership.” Jarrod extended the document over to Nick.
“This is a worthless piece of crap!”
“Don’t be so sure, Brother Nick.”
Nick let out a nervous snigger. “Wait a minute, we’re not just gonna serve it to him on a silver platter?”
“A lawyer in San Francisco bore witness to the signature. I intend to pay him a little visit, see if he can shed some light.”
“Want me and Heath to go with you?”
“No, in fact I’d much prefer you remain here until I can straighten the matter out. Take a room at the hotel and keep your eyes peeled. He threatened to burn every building in town if he didn’t get what he wanted.”
“You don’t say?!”
“Nick I’m warning you, don’t antagonize the man.”
“I’ll be a good boy, Pappy, but so help me God if he so much crosses that thin line.”
“He promised he wouldn’t but just in case, I want you both here.”
“No problem, Jarrod,” Heath assured his older brother.
Jarrod shook his gloomy expression. “Well, come on you lazybones, look sharpish!” He clapped his hands. “Chop! Chop! Work isn’t going to finished by itself!” he bantered.
Nick smirked, gnashing his teeth with delight. “Oh, oh, oh, you’re going to regret having said that.” Nick folded the deed and slid it inside his shirt pocket. He then tightened his gloves and snapped his fingers at Heath. “Let’s get him, Heath.”
With squinching eyes, the two brothers rolled up their sleeves and marched towards Jarrod like bulls at a gate.
“Now wait a minute, guys,” Jarrod cautioned, stepping backwards with his hands held in front of him. “I was just joshing.”
“Uh-huh. Say goodbye to your neatly pressed suit, dear brother.”
Nick and Heath each grabbed a hold of Jarrod and tossed him in the horse trough.
“That ought to cool him down for a bit,” Heath said with a contended smile.
“I wonder?” Nick pondered, raising his eyebrow. “How’s the water, Pappy?
“Good.”
On to Part Two
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