Sam nodded. “I’m not planning on going anywhere.” He mulled over his next words for a long moment before saying, “Marshal, what would you do if you found out that somebody was running an illegal saloon here in town?”
Coleman frowned. “Well, I reckon it’d be my duty to close it down and arrest whoever was doin’ such a thing. The law’s the law, after all.” He took a sip of his coffee. “But as it happens, I don’t have any personal knowledge of such a thing goin’ on.”
“It could be happening, though, without you knowing about it.”
“I suppose it could,” Coleman said. “Thing of it is, I’ve got more important things to do with my time than goin’ and lookin’ for such a place, and I sure wouldn’t expect anybody to tell me about it if they knew anything.”
“I see,” Sam said slowly.
“I mean, it’s not like a place like that would really be hurtin’ anything,” the marshal went on. “As a lawman, I can’t pick and choose which laws I enforce, but there’s such a matter as priorities.” He took another sip of coffee. “A star packer can’t be everywhere at once, if you know what I mean.”
Sam understood. Coleman had to suspect that there was probably an illegal saloon operating somewhere in Cottonwood, but he wasn’t going to hunt it down. If he did, he’d be duty-bound to arrest not only the proprietor, who was probably his friend, but all the customers as well, and they would likely be friends of his, too. As Coleman had pointed out before, the new law put him in a bad spot, and all he could do was try to make the best of it.
“You’ve given me a lot to think about, Marshal,” Sam said.
“If there’s anything you feel like you have to tell me, Sam, you go right ahead…but remember, there’s an old sayin’ about discretion bein’ the better part of valor.”
“Yes, I’ve heard that,” Sam agreed. “I believe in it, too.”
A short time later, he went down the street to the cafe and brought back breakfast for the prisoners. Nelse, Dud, and Wiley Kane all ate hungrily, as did the three crooked deputies, but Porter refused the food.
“We can’t make him eat,” Coleman told Sam. “Just let him be stubborn, if that’s what he wants.”
When the meal was over, the customers began to complain about the heat in the jail. “It’s like a damn oven in here,” Wiley Kane said.
“There’s nothin’ I can do about that,” Coleman told him. “And it’s just as hot for me as it is for you. Anyway, those stone walls mean it’s probably cooler in there than it is outside.”
“Well, it still ain’t right,” Nelse insisted.
Coleman ignored their grousing and said to Sam, “Why don’t you go down to the creek and hitch up those wagons? Take the one with the wounded men over to Doc Berger’s so he can decide if any of them need to stay at his place.”
“Otherwise…?” Sam said with a lifted eyebrow.
“Otherwise, turn ’em loose,” Coleman declared. “I’ve been thinkin’ about it. Maybe they broke the law, maybe they didn’t, but none of it happened here in Cottonwood, so I don’t have any jurisdiction over them. Some of the ones who ain’t from around here may need help gettin’ back wherever they came from. Tell those fellas to come and see me, and we’ll try to figure somethin’ out.”
Sam nodded his understanding and left the marshal’s office to carry out those orders.
Doing so took most of the morning. Dr. Berger deemed two of the former prisoners badly enough injured that they needed to stay at his house so he could care for them. He cleaned the wounds and changed the dressings of the others and told them they could check back in with him if they needed to, as long as they were in Cottonwood.
Barnabas Smith turned out to a short, fair-haired man who hailed from Georgia. He had come west to Kansas after the war. After he was released, he followed Sam back toward the marshal’s office, his little legs moving quickly as he tried to keep up with Sam’s longer stride.
“What am I gonna do, Deputy?” he asked. “My farm’s a good forty miles from here, and I ain’t got no horse or mule to get me back there.”
“Maybe you could buy a horse,” Sam suggested.
“With what? I didn’t have much money on me when I was arrested, and Porter and Bickford took all of it.”
“I’m sure all the rest of those fellas are in the same predicament. Maybe you can get together with them and figure out something.”
“Did Porter and his bunch have any money on them? If they did, then by rights it ought to go to their victims, don’t you think?”
“The judge will have to decide that next week. All of you should probably stay around here anyway, in case you’re needed to testify.”
“Then the town ought to put us up in the hotel, don’t you think? Or at least provide someplace to stay and some meals.”
Sam smiled at the little man’s persistence. “All right, Barnabas. You can take it up with the marshal. Maybe he’ll have some suggestions.”
“I’ll do that.” Barnabas paused and pulled a bandanna from his pocket. He mopped sweat off his face and then squinted up at the sky. “I don’t like the looks of it. Whenever the day’s so hot and still like this, and the sky gets all flat, it means a storm’s comin’.”
Sam nodded. “I think you’re probably right. But at least you won’t be stuck in those wagons if it does. I imagine they’d leak in a hard rain.”
“More’n likely. We ain’t had a hard rain in these parts for a while. That’s just one more reason I think somethin’s buildin’ up.”
