“We’ve got the marshal with us,” Dempster said. “How much safer do you want it?”
“The marshal isn’t always going to be here,” Mrs. Dawkins pointed out. “And after he leaves, Marshal Cummins will still be here.”
“It’s safe,” Montgomery said. “We’ve had several meetings here without any problem. I often have to work late, so people are used to seeing a light in here. Besides, at this time of night, the marshal and his deputies are over at the Pair O Dice, drinking.”
“That’s not all they do over there,” Goff said with a ribald chuckle.
“Amon, we have a woman and a child with us,” Montgomery chastised.
“Sorry, ma’am, didn’t mean nothin’ by it,” Goff said.
“I’ve taken no offense, Mr. Goff,” Mrs. Dawkins said. “I want to do what is best for the town, but I’m sure you can understand that my primary concern is for the safety of my son.”
“Yes, ma’am, that’s our concern as well,” Montgomery said. “And on behalf of the Citizens’ Betterment Committee, I want to thank you and your son, and tell you that we understand the danger, and appreciate your courage in coming to the meeting.”
“Citizens’ Betterment Committee,” Mrs. Dawkins said. She smiled, and nodded her head. “Yes, I like that.”
“All right, if everyone will take their seats, we’ll get started now,” Montgomery said.
Goff, Goodman, Taylor, and Bascomb, who were, in addition to Montgomery, members of the Citizens’ Betterment Committee, took their seats around the table. Dempster, Kyle, Mrs. Dawkins, and Timmy joined them.
“Timmy, my wife made some cookies if you’d like one,” Taylor said, offering a plate of cookies to Timmy.
“Gee, thanks,” Timmy said, taking three of them.
“Timmy, he said one,” Mrs. Dawkins said.
“That’s all right, Mrs. Dawkins, he can have as many as he wants,” Taylor said. Then, seeing the expression on the woman’s face, he amended his comment. “Although you are right. Too many wouldn’t be good for him.”
Timmy put two of the cookies back.
“Gentlemen,” Montgomery said. “I called this meeting after Marshal Kyle and Mr. Dempster came to visit me. As you know, Marshal Cummins recently conducted a court trial, if you can call it that, in which he found a man guilty and sentenced him to hang. In order to give some semblance of legality to it, he had the man sent to Yuma Prison, where the hanging was to be carried out. As you also know, Robert Demptster acted as defense counsel for the accused. He came to me with an interesting account of that trial, and I invited him to share the information with the rest of us. Mr. Dempster, the floor is yours, sir.”
“Thank you,” Dempster said. He cleared his throat, then stood up to speak to the others.
“Mr. Montgomery is correct when he says I acted as defense counsel for the accused. In this case acted is the operative word, for the truth is, I was far too drunk to provide an adequate defense for anyone.
“Marshal Cummins knew this, and counted upon this when he selected me as attorney for the defense.
“I’m not going to go through a litany of all the errors in this trial that could cause a reversal of the outcome— though they are legion. I will tell you, however, that any fair judge would at the least call this a mistrial, and in all probability completely reverse the decision and declare Matt Jensen innocent.”
“Mr. Dempster, may I ask a question?” Goff asked, holding up his hand.
“Certainly, Mr. Goff.”
“I know that you, being a lawyer and all, are probably concerned about all the technical things of the trial, whether he got a good defense, whether the trial was held too fast, that sort of thing. But shouldn’t the bottom line be whether or not he is guilty? I mean, if he killed Moe Gillis in cold blood, then that’s murder and it seems to me like it shouldn’t make all that difference how the trial was conducted. The man committed murder, and he should pay for it.”
“That’s just it,” Dempster said. “I don’t think the man did commit murder.”
“How can you say that?” Goff asked. “My brother-in-law was in the saloon that day, and he tells me that he saw Gillis come staggering in through the door, already gut-shot, with his pistol in his holster. Then, a second or two later, this fella Jensen come in behind him, holding a gun in his hand. And that gun, my brother-in-law says, was still smoking.”
“There was only one eyewitness to the actual event,” Dempster said. “And he tells a different story.”
“What about Jackson?” Goodman asked. “I hear Jackson was standin’ in front of the saloon, and he seen the whole thing.”
Dempster shook his head. “Jackson did not see it.”
“He claims that he did.”
“Gentlemen, I was present when I heard Marshal Cummins order Jackson to make that claim.”
“Wait a minute, hold it. Are you saying that the marshal told Jackson to lie?” Taylor asked.
Goff laughed. “My oh my, who could possibly believe that our marshal would ask someone to lie for him.”
The others laughed as well.
“You said there was an eyewitness,” Goff said.
“Yes.”
“Who was it?”
