Summary:  It’s time for the boys to head out onto the Ponderosa, performing chores that could take them away for a few weeks.
Rating: PG  (4,325 words)

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Nine Tenths of the Law

 

Adam Cartwright bent down to retrieve his coffee pot. He threw the dregs on to the campfire and then carefully extinguished the last embers with a good covering of soil.  He packed his gear on to the packhorse and saddled Sport.  It would sure be good to be home in a soft bed tonight and if he rode steadily he could make it back in time for supper.  Three weeks of his own cooking and only the hard ground for a bed was more than enough.   He kicked over the fire once more and re-covered it. Up here in the mountains the timber was dry after a long hot summer and it wouldn’t take much to start a forest fire.

He had been riding for most of the past three weeks up here in the high timber, replenishing line shacks, checking fences and marking trees for cutting next spring.  It was unusual for him to draw this section.  For the past four or five years Joe had always volunteered for it, so he could get in some hunting.  Hoss took the middle section where he could be on hand if the herd needed him, and Adam had covered the southern boundary and paid the taxes in Genoa.  This year Pa had insisted on a change around, widening experience he called it, though Adam had a feeling that assigning Joe the middle section was more to keep an eye on little brother than to widen his experience.  He chuckled to himself as he swung into the saddle, Joe had been doing rather a lot of widening his experience at the poker tables and bars lately, and the northern section meant a ride through Reno, or at least very close to it.

He rode along lost in thoughts of a night in town.  He had avoided Reno, it was growing too fast and not in any direction Adam wanted to explore.   Now a few drinks in the Washoe Club with friends, a pretty girl to escort to dinner, a nice steak at the International House, followed by a good play at Piper’s, that was what he wanted this Saturday.  He hoped Joe had managed to stay out of trouble or Pa would be in a bad mood and would be looking to share his opinions of his youngest son with his oldest.  He didn’t want to spend his first evening at home listening to a list of his brother’s sins.

Adam pulled a book from his saddlebags as he rode.  Pa would have a fit if he knew Adam still read as he rode.  Pa had been lecturing him on it since he was about twelve and had discovered that he could combine reading with so many mundane tasks.  The trouble with Pa was that he still saw his sons as twelve.  He smiled to himself; Pa would have several fits if he knew the half of what his sons did. For the next hour he was totally lost in another world; So much so that the sound of shots startled him.  Sport pulled at the reins and tossed his head and Adam had to stuff his book back in the saddlebag and reassure the gelding.  “Easy, boy.  Now where did that come from?”

He didn’t know this area too well, oh, he traveled the trail to the meadows often, but the timber here was too young for cutting and apart from an occasional hunting trip he didn’t stray from the main trail.  He looked around him, the shots had come from his left and he turned Sport in the direction of the sound as another burst of gunfire was heard.   He recalled that there was an old prospector’s cabin up here  and guessed that the shots had come from there.  As far as he knew the cabin had been empty since Pa had filed claim on the land, maybe fifteen or more years ago.

He approached cautiously and tethered the horses well away from the cabin.  With gun drawn he moved closer.  The sound of sporadic shooting greeted him.  A quick reconnaissance told him that there were maybe three or four gunmen around the cabin and from the answering fire he guessed that they were shooting at one person inside.  He had no idea of the rights or wrongs of the situation and he took a moment to make his decision.  Once made, he acted on it immediately.

He moved quickly from cover to cover, firing his rifle and pistol alternately.  His hope was that the attacking band would think there were several gunmen and would use discretion and retreat.  His action would also alert the man in the house that there was someone outside who was a friend.  It took several minutes but finally the three attackers, he now knew there were three from the returned gunfire, withdrew.

Closer to the cabin now, Adam called out, “I’m coming in, don’t shoot.”

He made a run for the door and was rewarded with it opening to greet him just as another volley of shots rang out when the attackers realized he was just one man.   He ducked inside and the firing stopped.  When he had recovered his breath it was almost taken away again at the occupant of the cabin.  He turned to meet the glaring angry eyes of a very old man.  Adam guessed he was in his seventies, but looking more like a hundred.  He wore a battered hat, thick wool shirt and trousers with suspenders and a leather waistcoat that had seen better days.  He couldn’t have weighed more than seventy or eighty pounds and his head was tilted back so that he could look up into Adam’s eyes.

“Dang, fool kids.”  The old man spluttered.  “You coulda got yerself killed doin’ that.”

Adam raised an eyebrow and then proceeded to re-load his pistol.  “And you’d soon be dead if I hadn’t.” he responded, lifting his head from the task in hand to offer a smile at the old man.

“What’s it all about?  Who are they?”

“I dunno who they are but they ain’t welcome.  They’re after my place and I ain’t givin’ it to ‘em.  Rode up here this morning pretty as you please and told me to git.”  The old man moved to the window and peered out.  “They’ll be back.”

Adam held out his hand, “My name’s Adam Cartwright, my family owns this land.”

The old man ignored the outstretched hand, “Jud Morris and I own this land, youngster.  Bin here for more than five years now.  Ain’t see’d no one from yer family, no one a’tall.”

Another shot rang out and the old man moved surprisingly quickly.

Adam moved even more swiftly to the window and returned fire, “We can discuss who owns what later, right now we both agree it isn’t those fellas out there.”

For a few minutes the air was hot with flying lead, but when the attackers realized that they were simply wasting ammunition, they obviously decided to wait it out.

Adam relaxed a little and took a better look around the cabin.  If he had found it empty he wouldn’t have been surprised.  The old man had hardly made any impact on the place.  There were still holes in the roof, the furniture was sparse and rickety and a thick layer of dust coated everything.

“Why do those fellas out there want this place, it’s hardly a palace.  You got a stash of gold or found some on the property?”  Adam asked, idly.

“Ain’t gonna tell you, even if I had, which I ain’t.” was the old man’s terse response.

Adam allowed his mouth to turn up at? the corners.  “They must want something.  You know them, perhaps?”

The old man sniffed, “Done seen ‘em around once or twice, but they never bothered me afore.”

“Well, they are certainly bothering you now!”  Adam replied as another few shots were aimed at the cabin.  He shifted position, “I think one of them is out front keeping us busy while the others try to find a way around back.  Is there a back way in, window or anything?”

Jud rubbed his chin, as though wondering whether to trust Adam, “Small winda, ain’t big enough for a man to get through.”

“Then they must be planning to get around the side to the door.  Stay by that window and try to stop anyone coming from the back and I’ll do the same.  The fella out front can’t make a run across that open ground.”

Jud sniffed, “You did.  But then most folk ain’t lookin’ to get shot.  You ain’t about to live long if you take risks like that.”

Adam grinned. “You sound like my father.”

“Mebbe you should listen to him once in a while.  Lost my boy in a gunfight.”

Adam sobered, “I’m sorry… ”

“Nigh on twenty year ago now, he’d a bin a few years older than you, but you’re a lot like him.  Think you’re too smart for us old uns, always know better.  Gotta prove yourself…”

Adam was spared from replying as a fusillade of shots came from the scrub across the yard.  He sent one shot in reply; no need to waste ammunition, there was no telling how long they might be here.  Out of the corner of his eye he saw a movement through Jud’s window and without real thought aimed a shot at the centre of the door.  From outside he heard a sharp cry as splintered wood and the bullet hit someone.

The old man grinned, “Nice shootin’.  He musta crept under the window, I didn’t see him ‘til he stood up.”

Adam acknowledged the old man’s praise with a brief nod, “Now we see if the other two still think it’s worth the risk.”

They heard the injured man crawling along the porch but there was no more firing.  After minutes, Jud peered out of the window.

“Think they’ve gone?”  he asked.

“Let’s see if we can draw any fire.”  Adam slowly raised his head above the window ledge, alert and ready to duck and then fired two shots in the general direction of the scrub.  A single shot came back at them.

“Sounds like they haven’t given up yet.”  Adam sighed.  “They can wait it out a lot longer than we can.  They can hunt or send one of them for supplies and still keep us pinned down.”  He sat down on the floor to check his pistol.  “You have any spare ammunition, the box in my jacket is all I have for my pistol and my rifle is almost empty.”

Jud shook his head, “A little for the rifles but I don’t got a pistol, no use for ‘em since Pauly died.”

“Then we need to find a way out of here pretty soon.”  Adam continued to re-load and put his mind to the problem.  He found it insoluble.  It was only a matter of time.  There was only one way out and the three gunmen had command of that, even with one injured they could hold out indefinitely.

****

Joe Cartwright finished spreading clean straw into the stalls and then leaned on the divide and looked at his older brother, who was grooming Chub.  “Adam should be back today.  Be good to get a few of these chores shared out a bit more evenly.”  He grumbled.  “I got my section done three days ago.”

Hoss turned and waved a currycomb at his little brother, “I agree with ya there.  I’m workin’ for at least two and a half of us. So why don’t ya stop waving that pitchfork around and bring down another sack of feed from the loft.”

Joe was about to argue but he knew Hoss was tired too and short-tempered.  He decided not to push it and gave a sigh as he made a big thing about climbing the ladder for the feed.  He had hardly started up the ladder when he heard a horse in the yard.  “Hey, maybe that’s him.”  He jumped down, the feed forgotten, and headed into the yard. Hoss grunted and put down his tools.  Joe would do anything to get out of work, but then to be fair none of them were keen on yard chores.

The rider was not Adam, but one of Roy Coffee’s deputies and he had dismounted in front of the house and was talking to Ben Cartwright as the boys approached.

“So you see Ben, Roy was wonderin’ if you could spare some men to help search?”  the deputy  said.

“Search for what?”  Joe asked, nodding a greeting to the deputy.

“Yeah, Clem, what ya lost?”  Hoss chimed in.

Clem turned toward the boys and grinned, “Not me, boys, the stage line.  They lost a shipment of gold few days back near Donner Pass and they reckon the robbers headed down this way.  We’ve checked all the roads south and east and we’re working our way north and west but up in the mountains tracking ain’t so easy.  Roy thought maybe your hands could help check out the Ponderosa land between the lake and Reno.  Roy’s got some notion that they might be using one of your line shacks to hide out until the heat dies down.”

“If they are doing that, then Adam may have seen some signs.  He’s been up that way putting in supplies for the winter.”  Ben nodded,  “He should be back today or tomorrow.”

“Pa he mighta done more than see signs, maybe me and Joe better ride up there and do some lookin’.  He coulda gotten into some trouble.”  Hoss suggested.

Ben considered for a moment, “That’s a good idea, Hoss.  We’ll cover the section between here and the north boundary and I’ll send some men out to the lake area.”

“Thanks Ben, I’ll let Roy know and we can concentrate on the trails south.”  Clem re-mounted and headed out.

It took no time at all for the three Cartwrights to saddle up and alert some hands for the other search party.  As they rode north, Joe suggested that they’d cover more ground if they split up.  At first Ben was wary but as they moved further north with no sign of the robbers he began to see some sense in the suggestion.

“Alright, Joe.  We’ll fan out from here.  You take the eastern section, Hoss the trail toward the lake and I’ll continue up the route Adam would have taken to the northernmost cabin.  Then whichever way he decided to come back one of us should run across in him in a few hours.  If we find nothing by mid afternoon, we meet up at the high meadows cabin; it’s about the midpoint from all the cabins he had to supply.  If you find any sign of Adam or the robbers fire three shots, if we are still within range we can join up again.”  As Joe made to ride off, Ben caught Cochise’s bridle.  “No risks.  You hear me?  If there is any danger you go to the meadows cabin and wait and we tackle this gang together.”

“Sure, Pa.  I’ll be careful.”  But even as he said it, Joe was pulling away, anxious to be off searching.  Any adventure was better than yard chores.

Ben shook his head in exasperation, telling Joe to be careful was like wishing for the moon.  His youngest son didn’t know the meaning of the word fear or caution.  As he watched Joe ride away he wished he’d made them all stay together.

Hoss saw his father’s concern and tried to reassure him,  “He’ll be fine, Pa.  Likely them robbers is away over in California by now and Adam’s just riding back at a leisurely pace takin’ in the scenery.”

Ben grunted, “Reading a book more like and not paying attention to where he’s going.”

 

Joe rode at a gentle pace for him, much as he would have liked to give Cochise his head, he needed to look for signs of Adam or the gang.   Two hours after he left his father and brother he had seen nothing.  He checked the sun and figured he’d better head for the meadows.  Pa would be mad if he was late getting to the cabin.  Adam must be long gone by now, probably back at the house enjoying Hop Sing’s cookies and hot coffee.  He turned Cochise toward the meadows.  He was within about a three miles of the meadows line shack when he heard shots.  Nothing much, just a couple of rifle shots and maybe one pistol shot in answer.

“C’mon Cooch, looks like we mighta found something.”

The horse responded to his master and picked up his pace.

“Now Pa, said not to rush in, so maybe we’d better circle around first and see what’s happening.”

All Joe’s caution was thrown away when he saw his older brother’s horse tethered to a bush.  “Hey, Sport, where is he then?”

The big chestnut snorted as if in answer, recognising the voice and his pinto stable mate.  Joe checked the horse over, no injuries and it looked as though he’d been tethered for some time.  More shots away to Joe’s left made him swing around.  He took his rifle from its scabbard and moved forward slowly.  A few steps in the direction of the shots revealed a cabin.  A flash of gunfire from the window told him that whoever was shooting at the cabin must be to his right and between him and the cabin door.  He moved a little closer.  No way of knowing whether it was Adam in the cabin or if he was the one on the outside, Joe thought.  He gave a shout… “Hey, Adam… Adam.”

Inside the cabin, Adam almost fell back in surprise.  What on earth was his little brother doing way out here?  It wasn’t as if he was overdue.  He recovered quickly and called back, “Watch yourself, Joe, there are three of them out there.”

“Well we outnumber ’em two to one,” Joe called back, moving to his left and firing then dodging back behind a tree and firing again.  He kept moving from tree to tree firing his rifle, until he saw one of the men standing up to fire at the cabin window.  With the outlaw in his sights he didn’t miss and the man spun around before falling to the ground.  There was a rustle in the undergrowth and a horse burst through heading straight for Joe.  He ducked and fired at the man in the saddle? but the horse was moving away from him too fast.  A third man came out with one hand up, the other hung useless at his side from his bloodied shirt

Joe waved his gun in the direction of the cabin, “Walk in front of me and don’t try anything.”

Together they walked slowly to the cabin door, which was now open.

“Good to see you little brother, where are the others?”  Adam spoke as he re-loaded his pistol.

Joe grinned, “One’s dead and the other made off and I couldn’t get him.”

“Good, but I meant Pa and Hoss, you said we outnumbered them two to one.”

Joe shrugged,  “Yeah, well that was kinda a lie.  There’s just li’le ole me.”

Behind Adam, Jud grunted.

Adam heard him and turned smiling,  “Jud, this is my kid brother, Joe.  Joe, this here is Jud Morris.  This is his place!”

Jud barely looked at Joe, “Whole family’s crazy,” he muttered.

Joe pushed the startled bandit against the wall;  “Got anything we can tie him up with.  I’d kinda like to hear his story.”

“Me too.” Adam looked more closely at the captive man.  “You don’t think you own this place too, do you?”

The man shook his head as he held out his hands for Joe to tie them, “We thought it was empty, needed a hideout, ’til the posse got tired of looking.”

Light dawned for Joe, “You robbed the stage!”

The man nodded, “Yeah, but I never shot nobody, I was just lookout.  Fred and Danny did the robbin’.  Danny shot the guard.”

Adam was still mystified, “But when you found the cabin was occupied why didn’t you just move on? There are several line shacks and abandoned cabins within a day’s ride of here.”

The outlaw looked at Adam as if he was stupid, “Buried the strong box in back, didn’t we?  Had to come back for it when the posse headed south.  We didn’t know he’d be livin’ here, thought he was just prospecting, passing through to California.”

Adam nodded, “Well Jud looks like you did have gold, even if you didn’t know it.”  He stopped speaking the sound of horses  outside and pulled the outlaw to the ground, “You got anymore friends?”

Scared, the man shook his head.  “Naw, Fred’s dead and Danny made off, there was just the three of us, Mister, I swear.”

Joe rushed to the door despite Adam yelling a warning.  “It’s Pa and Hoss,,”  he called back.

Adam sagged with relief.  He’d had more than enough gunplay for today.  He holstered his gun and went out to meet his father and brother.

 

Introductions made and the strong box found. Ben took charge of the operation.  “Boys, we have to get that strong box and this fella back to Virginia City but we also need to keep on the trail of the man who murdered the guard until Roy can take over.”  Ben considered the problem from all angles.  He didn’t want Joe loose in Virginia City without either himself or Adam along; Hoss was the best tracker, no doubt about that; but then he didn’t want Joe and Hoss chasing a murderer, Joe was way too impulsive and Hoss not nearly strict enough with him.  Chasing outlaws needed a cool head.  He didn’t want to put any of his boys in danger.

Adam rubbed his ear, somehow he knew he would get the trailing job with Hoss.  All he wanted was a hot bath and his night in Virginia City.

Joe likewise knew he wouldn’t get what he wanted; a chance to let loose in Virginia City.

Hoss merely waited, Pa always knew what was best.

“Well, boys, I guess we’re gonna have to split up again.  Hoss and I will escort this man to the Sheriff and then send the posse out after you two.”  He nodded at Adam and Joe.

Adam’s jaw dropped leaving his mouth open and his eyes wide for a second.  “You want me to go with Joe, not Hoss?”  He managed to get out.

Hoss too was surprised, “But, Pa, I’m the best tracker in the family.”

Joe just shrugged knew he would either be with Adam or Pa, what difference did it make where he went.  Neither his father nor his big brother would let him have any fun.

Ben was annoyed but not surprised at his sons’ reactions.  “Well if you’re the best tracker, Hoss, go track this fella’s horse.  And you two go bring our horses up to the cabin.”

“Wouldn’t send them two after no outlaw, if’n they was mine.” Jud muttered. “Too dadblamed hotheaded.”

Ben smiled. “Oh, I think they’ll keep an eye on each other.”  He looked at his sons who were still in the doorway.  “Didn’t I tell you boys to get the horses?”

The three young men, shrugged, gave each other long-suffering looks and departed.

Ben turned to the old man.  “Mr Morris, thank you for helping my sons.”

Jud sniffed, “They was helping me, keep them outlaws off’n my place.”

Ben frowned, “Your place, where’s that?”

“Right here. An’ don’t you give me no nonsense like that son of yours.  I ain’t seen hide nor hair of any Cartwrights and I bin here nigh on five years.”

Ben’s expression was priceless, his mouth dropped open and his brow furrowed as he asked, “You’ve lived here for five years?”

“Now don’t start, that son of yours didn’t believe me either.  Like I told him, this is my place and I ain’t shifting for nobody. I like it this way, don’t get no busybodies callin’.  They all thinks it’s abandoned.”  Jud shot back at him.

“That I can believe.”  Adam spoke from the doorway.

“The law says it’s my land.”  Ben thrust out his chest and poked a finger at the old man.

Jud came up to his full height, which wasn’t much.  “An I says it’s mine, so I guess you’ll have to fight me for it, since I’m here and I ain’t movin’.”  Jud replied, belligerently.

Ben almost laughed at that.  “Well old timer, I s’pose we could go at it and see who wins, but I’m not as hot headed as my sons.  If you’ve been here for five years and we didn’t know about it then I guess it won’t hurt for you to stay and look after the place.  The gold from the robbery was found here too so I guess the reward for that is yours.”

Adam raised an eyebrow, and Joe made both of their thoughts vocal. “You mean Adam and me risked our lives and we don’t get anything?”

Ben nodded.   “Mr Morris risked his life too defending the place and the gold.  After all possession is nine-tenths of the law. I’ll see that the reward gets back to you, Mr Morris, and you can maybe fix the roof a bit. Now we’d better be on our way before that trail is cold.”

“An’ what about the other tenth? That’d fund a poker game or two.”  Joe grumbled as he mounted Cochise.

“I’d settle for a proper bed and a hot meal for a few nights instead of chasing outlaws.  I’d planned on a night in town too.”  Adam muttered as he too mounted up.

Hoss just grinned up at them. “See ya brothers, I’ll be sure to tell Sam and the girls at the Silver Dollar that you was thinking of them.”