Showing posts sorted by relevance for query john kabernagle. Sort by date Show all posts
Showing posts sorted by relevance for query john kabernagle. Sort by date Show all posts

Saturday, February 08, 2014

Requiem for a Sheriff

There is a mystery surrounding
Sheriff Brown:  No known photo
has ever been found of him...yet

He has become an icon of our local history.  Much of that is thanks to his young cousin, Charles Walker.

Sheriff Charles J. Brown, popularly known as Charley Brown, came from a distinguished family.  He chose the life of a warrior.  First as a Union soldier in the Civil War, later as a soldier posted at Fort Pembina, and finally as Sheriff of Pembina.

He only lived to age 39, but he packed a lot of living into those years.  I, for one, am glad he shared 14 years of them with us.

NOTE:  What you read below, is thanks to new information shared by Jim Benjaminson...

Sunday, April 19, 2009

Sheriff Charley Brown: The Final Chapter

Well here we are, dear readers, at the final chapter of our tale. And a great tale it has been, about a real place, a real time, and real people. About our own history, told by a local man - a descendent of the main character. While it has a sad ending, there is joy and healing, too. But that is getting ahead of ourselves. It's better if you read it for yourselves...

After the dinner party on Tuesday evening, hosted by Ian and Susan, Marguerite was exhausted. She had been on the go since early morning. She had approached Susan late that evening about another trip to Pembina on Wednesday afternoon, but Susan had questioned. "Do you think it wise?"

"Look, I'm not in love with Charley any longer, but we have had our feelings. And many of them have not gone away. Perhaps it's fortunate we didn't marry, but you don't evade someone because they are sick. Charley has little time left, I just hope I can ease his mind a bit."

Susan conceded, "Then let's go over shortly after lunch. Most of the fieldwork is done, the men are now plowing and hauling grain. Ian's mother and I should be done feeding the crew and cleaning up by two o'clock. Are you going to take Paula along?"

Marguerite knew Susan had no suspicion of Paula's birth; her mother would never disclose that secret. "Perhaps I should, I'd like John Kabernagle and some of my friends in Pembina to see her. After all, I'm mighty proud of Paula!"

On Wednesday afternoon, after the chores were done, Susan put the light harness on their buggy horse. Paula was allowed to help Marguerite lift the shafts as Susan backed the horse to the two-seater.

Crossing on the ferry took only a short while, and Marguerite enjoyed the few minutes speaking with Trudo, the ferryman. When Susan swung the buggy around in front of Charley and John's saloon, John stepped from the door.

"I see there are three lovely ladies to see my partner today. Hello Susan! I hardly see you anymore."

"It's the harvest, John, I've been tied down feeding the threshers. How are Hannah and the girls?"

"Same as ever, Hannah is teaching, and the girls are looking forward to going away for more schooling." John bent to reach out his hand to Paula. "And who is this beautiful young lady who is chaperoning you two?"

Paula spoke up boldly, "My name is Paula Evans, and I'm two and a half years old!" She reached up to take John's hand.

John smiled, "My-my! Nearly three years already; you are growing up mighty fast."

Marguerite spoke up, "I want to show her off to Charley. Is the way clear, upstairs?"

John laughed, "I believe Doc Harris is up there with Charley, but go ahead anyway."

Entering Charley's rooms they heard voices from the bedroom. Marguerite spoke up forcefully, "Can we enter?"

Charley's raspy voice came, "Come in! Come in!"

As they entered the room the doctor was just folding his stethoscope. Charley spoke weakly, "Charles, this is Marguerite Evans and Susan McLaren. If I were to guess, I suspect this lovely little girl is Marguerite's daughter - they look alike. The ladies are old friends who have come to visit this old wreck. Girls, this is my cousin, Doctor Charles Harris."

After greetings were exchanged Paula looked at the doctor quizzically, "Are you a real doctor? I've never seen a real doctor. What is that thing in your hand?"

"Sit on the edge of this bed and I'll show you." Removing a handkerchief from his pocket he carefully wiped the earplugs. "Now I'll put this on your head and you can hear your heart beat." As he carefully put the plugs to her ears and the device to her chest, the expression on her face changed to wonderment.

She said, "It goes lip-tup, lip-tup."

Removing the stethoscope, the doctor said, "That is what your heart sounds like inside you. You can't hear it, but it's working all the time."

After a further minute or two of conversation the doctor left. Marguerite went into the kitchen to get a second chair. After a few minutes of conversation Susan felt unwanted, she finally stood and said, "I've got to stop at the druggist for mother. I'll see you outside when you're done visiting." Smiling at Charley, she added, "You three have a good visit."

Charley made a fuss over Paula; he was obviously surprised at her vocabulary and grasp of words. He bantered back and forth with her while Marguerite watched anxiously. She remembered only too well Charley's remark on Monday, when he had said; I wish she were my child. She had held her breath for moments after his utterance, afraid now that he might be as intuitive as her Mother. Thank the Lord, he was not.

After a half hour Marguerite mentioned that Susan was undoubtedly waiting for them. Paula seemed reluctant to leave, but finally she and Charley shook hands. The serious expression on their faces caused Marguerite concern.

As they were about to leave, he said to Paula, "Are you coming to see me again?'

Margurite spoke up, "I'll try again on Friday or Saturday, as we’re leaving on Monday. I want to see the Geroux's and some others here in town. I don't know when we'll ever get back to St. Vincent again, probably not for a year or more."

When she mentioned her meeting with Charley to her mother, her mother said nothing, just gazed at her without a word. Eventually another subject came up, and the moment passed. Marguerite had promised herself she would never disclose her secret, but was it fair to Charley? Would it make him any happier? If she did tell him, would he keep her secret?

After a half hour of reminiscing, she decided to visit him again on Friday afternoon.

On Thursday Marguerite and Susan visited on the St. Vincent side of the river. They also took a late afternoon lunch out to the men who were plowing. Ian teased Susan, "I suppose you'll expect us to plow late tonight." He turned to Marguerite, "She's a slave driver, but she keeps me honest."

Marguerite had mentioned to all that she would be going to make a last visit to see Charley on Friday afternoon. Her mother had responded, saying, "I would like to go along with you if you don't mind. I'll take the day off from work at the fort and spend a few moments with Charley, then I'll leave you two to mull things over."

Puzzled over her mother's sudden interest, Marguerite hoped her mother had no plans to interfere. As it turned out, Annette did make her excuses after a short visit, leaving the three deep in conversation. Paula on the edge of his bed was avidly studying Charley’s collection of miniature horses while he explained the detailing. Both Charley and Marguerite carefully sidestepped any mention of intimate moments they had shared, discussing the good times, and associations with friends. Charley confided some of his business interests, intimating his cousin Charles was to wind them up after he was gone.

When they parted, Charley insisted Paula take the two small wooden horses she admired the most. Clutching them to her chest she bent to give him a fleeting hug, then kissed him on the cheek. Marguerite, tears showing, bent over to smooth back his hair. Grasping his shoulders, she kissed him on the lips.

As they stood to leave, he murmured, "Those are the two best kisses I've ever had!”

All Friday night and Saturday Marguerite's conscience bothered her. It wasn't until Sunday, after church service, that she made her decision. She borrowed Ian and Susan's buggy and drove back over to see Charley. He was awake when she walked up to his rooms shortly after the noon hour. "I've come to see you a final time. I want to tell you something, but you've got to promise me to keep it a secret. You must swear to me never to divulge what I tell you."

He spoke jestingly, "I'll promise! I'll carry it to my grave. It must be important for you to see me again."

Marguerite's mind was in turmoil, tears began to show as she sat on the edge of his bed. She bent over to clutch him.

Confused, he asked, "What is it, dearest?"

She blurted out, "Paula is your daughter! After that picnic south of the fort, and that same night in this room, I became pregnant. I didn't know it until after I was in Chicago and was married. I've been at wit's end, whether or not to tell you."

For long seconds he was silent, absorbing it all, then he said, "So that's why she and I took to each other instantly, we're so much alike." He twisted his body to face her fully, "I'm proud of you both, and you are right. This must remain a secret. You have a successful marriage and a career to consider."

"Yes, my life with Paul has been a happy one, and as I told you, I am pregnant again."

He attempted to squeeze her hand. "I'm glad you told me, at least I'll be leaving a bit of me." He lay back weakly, musing, as if to himself, his voice hardly audible, "What a stupid man I was, not marrying this fine girl."

Marguerite could see he was drifting into sleep. When he was obviously asleep, she slipped away.

By Monday noon Marguerite and Paula were on their way to Chicago. That afternoon a large bouquet of wild flowers was delivered to Charley. The printing was crude, printed in large block letters. It simply read, “Paula” ...

AUTHOR’S NOTE

PEMBINA PIONEER EXPRESS, October 18, l884 Obituary Notice - Charles J. Brown. Although for weeks the demise of C.J.Brown was looked for almost hourly, yet the news of his death last Saturday evening cast a gloom over the town and county. Looking back a few short months it seems but yesterday when we saw him in full health and vigor, attending to the duties of his office as Sheriff of Pembina County, but the place which knew him once shall no more. The subject of the sketch was born at Berlinsburg, West Virginia, August 14, l845. His father, Thomas Brown was sheriff of Berkley County, W. Virginia, for twelve years, and his grandfather on his mother's side was Admiral Boarman of the U.S. Navy. In l861 he enlisted as a soldier and served till the end of the war, and although he fought in many bloody battles, was captured and imprisoned, he escaped without a wound. At the close of the war he engaged in mercantile pursuits in his native state, but only for a year, when he again enlisted as soldier at Baton Rouge, Louisiana. His regiment was transferred to Fort Pembina in the year l870. In l875 he left the Army and his subsequent life in Pembina County is too well known to require further detail. The funeral last Monday was very largely attended, people assembling from all parts of the county to show their respect for the deceased. The body was interred with Masonic honors, and a company of soldiers from Fort Pembina also joined the procession. Of Chas J. Brown it may be said, he had many friends and few enemies. In his official capacity he never showed a disposition to render any harsher the decrees of the law which it was his duty to execute. With pronounced criminals he was decided and prompt in his treatment, but an element of misfortune always awakened his sympathy and consideration.

Card of thanks: I desire to thank the many kind friends who assisted me in my hour of trouble, the Masonic fraternity, the military and others, who so kindly performed the last sad rites in honor of my deceased son. Mrs. E. R. Brown.

POSTSCRIPT

During my high school years I was raised by my Grandfather, Doctor Charles Boarman Harris, and my Grandmother, Katherine. They were very secretive about Charley's daughter, due to their strict, moral standards. However, I did discover that Charley, just prior to his passing, had charged my Grandfather with the final disposition of his assets, the proceeds to be sent to the young girl for her education and use. That was many years ago. At the time of my teens, she would have been nearly 48 years of age.

Although my grandparents had lost track of her over the years, they often spoke kindly of both she and her Mother. I often heard them express concern over her life, and possible children she may have had.

Charles H. Walker, author of Sheriff Charley Brown

Wednesday, March 21, 2007

Sheriff Brown's Business Partner

Trish, Your website is getting famous. Bill Kabernagle from the east coast hit on your site and found a relative, John Kabernagle, who was Charley Brown’s partner in the saloon. I happened to have a picture of John and Hannah; this is it. I knew Hannah well when I was young. My Mother and I took her to Minneapolis to a relative, Flossie Ayford. (Hannah was an Ayford.) Hannah taught at colleges, apparently after John had passed away. They were Icelandic. Other Ayfords moved to Mountain, N.D. - Chuck

Tuesday, October 20, 2009

BORDERTOWNS: Chapter 11

Although there was only a slight breeze that morning, the previous days storm had cast several large drifts across the road to the fort. Ian’s horse disliked the deep drifts and instinctively began leaping into them, the plunging almost dislodging him. The extreme cold brought tears to his eyes and he could feel the skin on his face tighten. Once again he found himself knotting his scarf tightly around his high collar. He could feel the warmth and strength of his horse under him, causing him to tighten his legs against the animal. Entering the fort gate, he turned toward the headquarters building.

Concerned about leaving his gelding in the wind, he was agreeably surprised to find the entrance side of the building in the lee, sheltered from the now increasing northern gusts. After wrapping the reins around the tie rack, he stopped momentarily to examine the mercury thermometer mounted outside the door. It confirmed his estimate of the extreme cold, for it indicated -36 degrees. He felt a personal satisfaction, for he had guessed it to be nearly -40 degrees below zero.

Opening the heavy door, he found Kirby conversing with an officer seated at a desk. A corporal, evidently the Charge of Quarters, sat by a heavy sheet-iron stove. He cast a brief glance at Ian, then he turned back to his book. The seated lieutenant arose hastily and greeted him with a smile. “So you’re Mary McLaren’s brother. Kirby tells me you witnessed the hangings yesterday. I’m Shawn Kirkpatrick.” He advanced to shake Ian’s hand.

“He’s her brother, that’s for sure.” Kirby was smiling. “He was an unwilling spectator at the action yesterday, so I wanted Captain Collins to hear his version. It’s my mess. I should have left some of my troopers with that bunch.”

Kirkpatrick sympathized, “I’d probably have done just as you. There was no way you could have anticipated the result.”

“I still blame myself,” Kirby said, and then he turned to Ian. “Might as well get it over with.” Beckoning with his finger, he advanced to the captain’s door. Ian followed. A brief knock brought the response, “Come in!”

Captain Collins was gazing out of a partially frosted window as they entered; he was leaning forward almost to the glass, evidently watching something of interest outside. He finally broke away and faced the two men. As Kirby introduced Ian, the captain began to smile.

“I met your parents and your sister at the Christmas Ball. They seem determined to settle in our country.”

“Yes, my father has filed on a homestead in Minnesota across the river from the fort. I couldn’t file; I’ve another year to go. I’m hoping to buy two quarters from the Saint Paul and Pacific Railroad when they put their acreage on the block.”

“I’m told they will begin selling soon, possibly when the road reaches the border. Please take a seat and tell me just what transpired yesterday. I understand you accompanied the men who hung those horse thieves.” He moved to his desk and sat down, indicating to Ian to sit opposite. Kirby was left standing on tenterhooks.

Ian related how he and Pete had met the posse, and then backtracked to show Kirby where they had seen the fugitives. He described the actions of the fort teamsters and the town men. “I don’t want to be the cause of trouble. Back in Ontario a horse thief would face the whipping post or a jail sentence, but not be hung.”

“Yes, but in the past it’s been considered a capital offense, especially in the Southwest. Now, it’s a penitentiary offense if convicted by a court. I’m responsible for bringing law and order to this section of the Dakotas, with the assistance of the sheriff and federal marshals of course. This business of men taking the law into their own hands has to be stopped.” Turning to Kirby, he chided, “At least now you’ve learned not to put too much trust in civilians. Sad, too, for now I’ll have to fire that man, Murphy. He’s only been on the job a few days; still, I’ll not have my officer’s orders disregarded.”

He suddenly arose, facing Kirby, his expression hardening. “Mr! Have Kirkpatrick bring the fort teamsters to my office at eleven o’clock this morning. I want you to see Sheriff Brown at Pembina immediately and give him an account of yesterday. I can do nothing about those town ruffians; I have no authority over them. In fact, I doubt Brown can take any action against them either. There were just too many men involved. However, if any of our teamsters are ever involved in anything as dastardly in the future, I’ll replace them all.” He stepped forward and opened the door of his office, effectively dismissing them.

Kirkpatrick looked up apprehensively as they approached his desk. Kirby shook his head negatively. “Status quo. Guess I’m off the hook. The captain wants you to have the teamsters in his office by eleven this morning. They’ll get a chewing! I’m ordered to go to town and inform the sheriff of the affair.”

“I’ll bet Sheriff Brown has already heard all of the gory details. Exciting news travels fast.” Kirkpatrick seemed positive.

Kirby turned to Ian with a wry smile. “Thanks to you, I’ve gotten off pretty easy. The captain is not always this generous. Want some company on your ride back to town? It’ll just take a few minutes to have my horse brought around.” He motioned to the Charge of Quarters, who reluctantly arose, put on his coat and slipped out the door.

“Sure! I’ve never been to the Brown and Kabernagle store, but I’ve met Charley. He seems a solid sort.”

“Yup, he soldiered for years, finally resigning from the Army two years ago to run for the office of sheriff. He enlisted in the war at the age of sixteen.” Reflectively he added, “It was quite common for youngsters to enlist in those days; there was so much poverty. Then, too, of course, youngsters joined for the excitement.”

The main street of Pembina seemed bleak when they reached the west riverbank. Two teams with bobsleighs were parked just ahead, on the right, and two saddle horses stood at the rack in front of the saloon.

Kirby joked, “Cripes, you could shoot a cannon down Cavalier Street and hardly hit a thing.”

Ian agreed, “It’s mighty cold for a Tuesday – guess everyone is staying where it’s warm.”

Just inside the door two men were playing billiards. Ian recognized one of the men as Turner, the land agent from St. Vincent. His pool opponent was a stranger. Further back, at another table, Brown was casually practicing pool by himself. Ian immediately became aware of the strong odor of tobacco smoke and sour beer in the room.

Seeing Kirby and Ian, Charley laid his cue on the table. Turning to his partner behind the bar, he remarked, “Mighty easy life in the Army these days, John. Looks like Kirby sets his own hours.”

Kirby smiled resignedly at Ian. “He’s just jealous of West-Pointers. He thinks we have it too easy.”

“’Spose you’ve come to tell me all about your exciting chase of yesterday.” Charley sprawled into a worn chair, indicating to the others to take a seat. “So those bastards from town pulled a sandy on you. I’ve heard most of the story. It’s a sorry mess, but not a total loss. It’s saved me a cold trip to Detroit with two prisoners.” A lazy smile appeared on his face.

Kirby spoke up. “Ian and his man were along with the bunch but didn’t participate. He can give you the details.”

“Don’t really need any,” Charley said morosely. “It was those two damn troublemakers, Murphy and Brogan. Hell, I guessed that when I heard the news. Murphy is an unknown. He has been around for months and was just hired at the fort lately, or so I’ve been told. Brogan, on the other hand has a depraved streak in him. He’s a congenital liar and a thief, the type to put the boots to a man when he’s down. Someone will kill him someday and I’ll have to make an arrest.” He laughed aloud and shook his head. “I’d hate to have to do that!”

“Speak of the devil!” Turner exclaimed, as he glanced out the large front window. “Here he comes now -- and with some of his bully boys.” He casually turned back to the table and took up his stance to shoot, pretending to be unaware of the men approaching the door.

A sudden cold draft rolled into the room as the door opened long seconds to admit several men, led by Brogan. It was evident from their loose swagger that all had been carousing elsewhere in the town. The devil-may-care looks on their faces indicated they were trouble.

“Set up whiskey, Kabernagle! I’m buying!” The loud, harsh voice was Brogan’s.

Kabernagle cast a warning glance at Brown as the men bellied up to the bar. Placing a glass in front of each, he began pouring generous measures. The unruly, unbridled remarks made by the men as they picked up their drinks confirmed Ian’s belief that their entry into the bar was planned.

Brogan finally turned his back to the bar and studied Kirby. “What are you doing here, soldier boy? Crying to the sheriff about your failure yesterday?” He smirked. “I see you’ve got that gutless McLaren with you, too.”

Ian tensed at the words and he could see Kirby’s sudden anger. Both Kirby and he jumped to their feet at the challenge.

Charley knew that Kirby, as an Army officer, could not be embroiled in fisticuffs with a civilian. He spoke up sarcastically from his chair, “Brogan, why don’t you take your friends to some other saloon? You know damn well you’re not welcome here.”

Brogan snorted, “It’s a public place and we’ll drink wherever we please.”

“True, But keep your mouth off of my customers or get out!”

“You’re just a civilian in here. If you’ll take off the badge, I’ll show you who’s the best man!”

“That ties it!” Charley glanced toward Ian and Kirby.

He stood slowly, removing his vest; then, unhooking the badge from his shirt pocket, tossed it to Kabernagle.

“John,” he addressed his partner without taking his eyes off Brogan, “See that we’re not disturbed.” Walking around the pool table, he faced Brogan squarely.

Kabernagle leaned down behind the bar and came up with a sawed-off double-barrel shotgun. The two large side hammers made ominous clicks as he thumbed them back. He smiled grimly as he said, “You won’t be, Charley!”

Before Brogan could react to the bartender’s surprise move, Charley slapped his face resoundingly, twice, forehand and backhand. They were hard, slamming slaps, making Ian almost wince.

For a short second Brogan stood in shock. Then, with a wild roar of rage, the huge man charged Charley. Ian was amazed to see the sheriff step nimbly aside, and then land a punishing blow to Brogan’s kidneys. The blow had sufficient force to swing his opponent off balance. He spun sideways into the wall, facing toward Ian and Kirby. Recovering his balance, he turned to charge Charley again, his huge arms and ball-like fists swinging wildly. It was then Ian gained an insight into Brown’s boxing ability, as he administered further punishment to Brogan with ease. What blows the sheriff received seemed to roll off his shoulders. Although he was a powerful man, Brogan seemed clumsy and uncoordinated. Seeing his awkwardness, Ian felt that even he might hold his own with Brogan.

Slowly Charley backed his opponent around the billiard table, forcing Turner and his friend who were standing between the window and the pool table, to give ground. Finally Brogan’s back was to the low-cased front window, the sill only knee high. When Brogan felt the sill against the back of his left leg he momentarily glanced down. It was then the sledge hammer blow caught him square on the chin, the driving force throwing him off balance and back through the wide front window. The cross frame supporting the four large glass panes bulged outward, then collapsed, the glass shattering into large shards, most falling outside.

Dropping his arms to his sides, Charley stared out the window at the unconscious Brogan lying in the snow. Two of the horses outside had pulled back on tied reins and were acting up.
The men at the bar stood in shock at Brogan’s total collapse. One man, his leg cocked on the brass rail, had unconsciously tilted his glass of whiskey and the liquid was dribbling onto the floor.

Turner walked questioningly to the glassless opening to observe the unconscious Brogan. Then he turned to the men at the bar. “Begad! You’d better get your friend over to the hotel. He’s bleeding badly. He’ll need some patching up.”

Brogan’s friends silently filed out of the bar to gather around him. With sullen glances toward Brown, who watched from the broken window, they lifted the unconscious man and carried him past the corner, headed north.

Charley turned to Kabernagel, who had already disposed of the shotgun. “Your turn to fix the window, John. I fixed the last one.”

Kabernagle looked at him accusingly. “Like hell you did. You hired Sam to do it and I had to pay half the bill.” He filled a shot glass with whiskey. Reaching out, he offered it to his partner. “Here! You’ve earned it! That’s the quickest I’ve ever seen you put a man away.”

Both Ian and Kirby had remained speechless during the brief altercation. Finally Ian volunteered, “I’ll pay for the window; that show was worth it.”

“No, you won’t!” Kabernagle was smiling. “Charley broke it fair and square. We’ll foot the bill.” He turned to his partner. “Cripes, Charley! Get the tarp from the back room, and don’t forget the hammer and nails. Judas, we’ll freeze before we get that damn hole plugged.”

Ian and Kirby held the tarp over the opening while Charley nailed it into place. Even so, the room had cooled almost to the outside temperature. After the last nail had been driven, Kirby remarked, “You haven’t lot your touch, Charley.” He pondered aloud, “It’s funny that Brogan hasn’t heard about your boxing prowess from the old timers at the fort.” Turning to Ian, he added, “I’ve had men out there tell me that Charley was hell on wheels with his fists. Why, he held the bare knuckles championship of the regiment back when he was a sergeant.”

Charley looked at Kirby soberly. “Flattery won’t get you a free drink in here, Kirby.”

The lieutenant smiled as he reached for his coat. “Can’t drink anyway. I’m still on duty.” He turned to Ian. “I’ve got to get back to the fort; I’m Officer of the Day until midnight.”

Ian approached the bar as Kirby left. Holding out his hand to Kabernagel, he said, “Charley didn’t introduce us properly. I’m Ian McLaren from Emerson —- soon to be from St. Vincent, I hope.”

Kabernagle switched the bar rag to his left hand to shake. He smiled. “Just call me John.” He nodded toward the tarp. “Don’t think this happens every day. Why, it’s been nearly a year since Charley threw the last bum out.”

“Were you really prepared to use that shotgun?” Ian was curious.

“Hell! It hasn’t been loaded for years. Good convincer, though.” Kabernagle winked, “Don’t tell on me.”

Charley grimaced. “He lies a little bit, too. That gun is loaded for bear.” He began racking the pool balls on a table. “Come on, Ian. I’ll play you a game of rotation, we’d better light some lamps though.”

“I’ve watched, but I’ve never played pool. You’ll have to show me how.”

Charley looked at him suspiciously, then he finally shrugged. “Your education is sadly lacking; but nothing’s for free. It’s going to cost you five cents for every game you lose. He pinned on his badge and shrugged into his vest, pausing momentarily to check his watch. “We’ll play until noon. By that time John should have the bar set up for lunch.” Slyly he looked toward his partner. “Hopefully, that is.”

Kabernagel shook his head dourly at the remark.

Late that evening a dejected Eck Murphy walked into the bar of Smith’s Hotel in St. Vincent. The stale, beer-charged atmosphere did nothing to reduce the pain behind his eyes. A loud voice came from the back of the room. “What in hell are you doing over here, Murphy?”

The words snapped him out of his trance and he grinned foolishly as he advanced toward Brogan and his companions.

Wouldn’t you like to know? Why, hell, I’m a man of leisure now.” His attempt at a light bravado failed; it was obvious he was bitter.

“I take it, then, that you’ve been canned,” Brogan questioned.

“That pious son-of-a-bitch Collins fired me —- told me I had no respect for military discipline.”

“Should have slugged him,” Brogan grunted.

“Yah, and spend a month in the fort guardhouse, probably get the hell beat out of me too. I’m not that much of a fool.”

“Well, now that you’ve got time on your hands, you can buy us all a drink. You can still come back to the Crossing and bunk down with us for the remainder of the winter. That is, if you can grubstake yourself and helps out with the booze supply. ‘Course you’ll have to take your usual turn with an axe, getting firewood.” He turned to smile at his cronies seated at the table.

Murphy’s eyes suddenly seized upon Brogan’s face and neck. “Lordy, what happened to you? Your face looks like hell! Where did’ja get all those bandages on your neck and cheek?”

Brogan looked sheepish and evasive. “Fell through a window in Pembina this morning. Had a run-in with the sheriff."

Murphy, although a powerful man, knew of Brogan’s uncontrollable temper. He deemed it prudent not to ask more. Finally, he said reluctantly, “I’ve enough coin to carry me most of the winter. I should be able to get back on with the C.P.R. in the spring.” He looked toward the bartender. “Give us a bottle of your best whisky. Mind now, none of that rotgut you peddle.”

Smith, the hotel owner, gave Murphy a hard look. “All the booze I sell is good booze. Keep it peaceful and you can continue your drinking until you leave.”

Brogan became hostile. “And what if we aren’t peaceful?”

“If it comes to that, someone is going to get hurt, maybe killed.” Smith seemed unperturbed.

Murphy snorted. “There are six of us.”

The bartender’s right hand lifted from behind the bar; he leveled a long-barreled revolver at Murphy. “Yes, and there are six in this Colt. Even if you are lucky enough to kill me, you’ll end up dancing at the end of a rope, same as those breeds you hung.”

The two men sobered when they realized the barman wouldn’t back down. Looking at the faces of other bar patrons around the room they saw nothing but hostility. Brogan finally turned to Murphy, pointing to an empty chair. “Come on; sit down.” Casting a side glance toward the hotel owner, who was still pointing the gun, he said, “Hell, we was only funnin’. We’re not looking for trouble.”

Smith gave him a disgusted look. “Sure, I knew you were joking.” Under his breath, he said, “Like hell!”

Immediately after the bartender brought the bottle to their table, the group began to exchange talk in a furtive manner. Brogan said threateningly, “I’m going to get even with Brown, McLaren and that damned lieutenant from the fort. We’ve got to find out more about them.” He puzzled, “Wonder where McLaren came from?”

One of the men spoke up. “He’s from some farm just east of Orillia, along the railroad line. I heard him and his pa talking about it last fall when we graded that stretch north of Emerson.” He looked at Brogan, “You ought to know, you were our crew foreman.” He laughed. “You rode that young fellow pretty hard.”

Murphy leaned forward, suddenly interested. “So, he’s from the Orillia area, eh? Just east?” He looked thoughtful; memories were coming back of the bridge and the young black-haired girl he had caught there. Then he had been struck from behind by someone. Sudden confusion came; something exists here that I don’t understand. Then he slipped out of his near trance.

He teased Brogan, “You might need help with that young McLaren, he’ll be tough to handle. Not hard to find him, though. You just have to pick the time and place.”

“I’ll get him,” promised Brogan. “That Ralston fellow from the fort, he’ll be hard to corral. He’s always with others, hardly ever alone.”

Another of the men spoke up. “He’s chasing that good-looking, black-haired sister of McLaren’s. You should be able to come up with something on that. How about the sheriff? He’s damned dangerous.”

At the mention of the black-haired girl, the voice began again, flowing through Murphy’s head. Remember! Remember! Then suddenly he did remember, but it was of the girl he saw in front of the saloon last winter, the one he stopped, the one who looked familiar. Shaking his head, he pushed away the pulsing memory and said to Brogan, “Brown checks the downtown streets of Pembina nearly every night around midnight. Lots of opportunity to knock him off then.”

Brogan looked startled. “Hell, I just want to beat the hell out of him, not kill him. I’m not a cold-blooded murderer.”

“You have to take your chances—never know how it’ll turn out.” Murphy grinned as he exchanged looks with the others sitting at the table. Then, there it was! The pain began to throb behind his eyes again. The torment seemed to be of something missing, a vital link. He rubbed his temples in an effort to assuage the pain.

Brogan spoke up. “Got a headache? Hell, you need another shot, that’s all.”

Friday, May 08, 2015

Final Resting Places: Brown & Kabernagle

Sheriff Charley Brown's grave site is in the north section of the Pembina Cemetery;  his stone reads:
Charles J. Brown
Oct 4, 1884
Aged 39 years
Sgt. Co. I 20th U.S. Infantry

I took this photo when surveying for BillionGraves
Charley sadly had a short, yet amazing life...
Another smaller foot stone acknowledges his service 
as a soldier in the Civil War, but it doesn't attest to 
his time as a POW in Andersonville... 










Buried in the same section is Charley's business partner:

John Kabernagle
Born
Jan 8, 1853
Died
Dec 20, 1893
Aged
40 Yrs, 11 Mos,
& 17 Dys

It's sad that both John - friend and business partner to Charley
Brown - died young around the same age as Charley did...
Another old-timer that was well-known for his many services rendered the town - and his colorful character - is in the SW section of the cemetery:
Who Settled in Dakota 1867
Died July 9, 1897
63 yr 10 mo 17 d
One of our area's true pioneers - Land Agent, Indian 
Trader, Trading Post Clerk, Buffalo Hunter, 
Undertaker, Farmer, and Flood Prognosticator... 
Charley's grave is also marked with a G.A.R. star,
signifying him as a Union veteran of the Civil War. 

Sunday, December 24, 2006

Historical Novel about...Pembina

Below is an excerpt of an unpublished* novel by Chuck Walker of Pembina. The novel is set in the 1870's, in and around Pembina, featuring real people who lived here at that time; Take a peek here to see two of the characters - Charles (called Charley) Brown and John Kabernagle - listed in the 1880 census.

Chuck told me...
"Charley came with the first troops to the Fort when it was organized in l870. He was a Sergeant at the time. During the Civil War he was captured and escaped. He became sheriff in l875.

"He brought out Eugene Harris (Dr Harris’s brother), Dr Harris’ Mother and sisters, as well as his own Mother, in 1882. Charley was a cousin of my Grandfather.

"What happened in the book actually happened. The names are accurate except for the girl [Marguerite] and her family. The times are accurate, so are the soldiers names and officer names at the Fort. As sheriff from 1875 until his death with cancer in l884 he farmed a quarter at the border about 3 miles west of the present custom house. In addition to being sheriff of Pembina County those years, also ran a saloon just south of what we knew as the old Heneman store, with John Kabernagel. I didn’t mention John’s wife Hannah in the story, whom I knew very well as a child. The shootings are fact and true, the jail escape is well known. The trips west to recover the teamsters' goods is true and accurate."
Sheriff Charley Brown
By Charles Walker

Chapter l

Dakota Territory, l878

Sheriff Charley Brown was beginning to feel the pressure. Things were getting complicated; work was piling up faster than it could be handled. A bachelor, he lived alone above his sample store located near the north end of the business block; a business block with no vacant lots. Wood-framed stores and shops were crammed haphazardly together, wall-to-wall, creating an excellent chance of a future, massive conflagration.

Now, at 31 years of age, Charley was beginning to have frequent occasions of strange dreams, nightmares that he had not had since his teens. They were of his war years, years long past. Usually it was the same dream, but with subtle variations. He marveled that waking up from a dream only took seconds, but how long the dream seemed.

The Confederate captain was adamant; Charley was to be hung as a spy. The noose around his neck was snug and scratchy; then the officer suddenly swung his quirt at the horse Charlie was astride, the one he had attempted to steal. At the same moment the officer shouted, "That'll teach you Yankee bastards not to steal horses!" Charley felt the sudden burning pain and choking as the rope tightened with a jerk.

Awakening in a cold sweat, he discovered his bed sheets clammy, damp from perspiration. He also realized he had again been grinding his teeth as his tongue detected a lump inside his cheek. Twisting in bed, he reached over to the bedside table, fumbling blindly for the kerosene lamp. As his fingers contacted the base, he slid his fingers lightly up to the chimney. Removing the glass carefully, he set it aside to grope for a match. Striking one under the bed iron, he touched it to the wick. Replacing the chimney, he flung the bed covers aside and swung his feet to the floor. It had not cooled during the night and the floor seemed warm.

Bewildered, he questioned his sanity. Why am I dreaming about the war? It's been over for years. Something's getting to me! What is it? The nightmare brought back memories of the time he and two friends had been captured by Confederate cavalrymen. The enemy had overrun them during a counterattack by the rebels against Buford's Federals. Hiding until dark, they had attempted to steal enemy horses at St. James Church, only to be captured when the horses created a fuss.

The rebel captain of the cavalry unit wasted no time. All three were to dance at the end of a rope as spies. It was the timely arrival of General Jeb Stuart that spared their lives. The heavily bearded commander appeared out of the darkness, demanding the reason for the clamor. After an explanation, he addressed the captain scornfully. "They are just boys. Send them to the rear."

Charley, already a brevet second lieutenant, and knowing how close they had been to death, saluted the General. "Thank you, sir!" he said.

General Stuart studied Charley briefly with a wry smile before turning away.

Reaching for his watch on the bedside table, Charley saw it was nearly 5:00 a.m. Even from a distance he could hear a cock crowing with pride over his harem. Dressing slowly, he picked up the lamp and moved to the kitchen to make coffee.

A faint light was showing in the eastern sky, faintly illuminating his kitchen. While the coffeepot rocked on the kerosene stove, he stepped to the sink, poured water into a china bowl and washed his face. Rubbing briskly with a towel he bent further to look into a mirror that hung too low. Dampening his hair, he parted it, determined to get a shave later in the day.

Carrying a steaming cup of coffee downstairs, he unlocked the door of the saloon he shared with his business partner, John Kabernagle. Eyeing the spittoons as he began sweeping the floor, he shook his head in disgust. Men either couldn't or wouldn't spit straight, missing the receptacle, and making a mess on the floor. He made a mental note to tell their swamper to surround the pots with more sawdust.

Finally finished tidying up the floor, he put the broom away and began clearing and wiping the tables, moving the dirty mugs and glasses to the bar. As he stepped outside to lock the door a last brief perusal of the room satisfied him. On the boardwalk outside, he found the air already warm. The morning sun was an eye-catching ball of fire that caressed the eastern sky with yellows and orange, fading westward to corals and turquoise. Glancing in each direction along the street, he found it totally deserted. The lightness of the morning air still carried faint traces of the acrid odor of smoke, smoke from the burning peat bogs to the east, in Minnesota.

At the north corner he stepped from the raised plank sidewalk to cross the rutted dirt street toward the jail. He knew that John, his business partner, would open the doors of their tavern promptly at 10 a.m.

Suddenly a resounding boom from Fort Pembina's morning salute gun sounded throughout the town. It echoed among the buildings, the harbinger of another workday at the army post located just a mile to the south.

He hesitated momentarily to view the weather-bleached, two storied, squared-log jail. There was that bedraggled, swollen-bellied cat sitting complacently in front of the door. Turning toward the one-holer located behind the jail, he spent some moments, then returned to the front door to remove the brass padlock. As he opened the door, the feline arose to walk daintily inside, rubbing and purring against his boots the moment he sat at his desk. Exasperated, Charley shook his head, addressing the cat loudly. "You skinny, misbegotten critter, you've gotten yourself knocked up again!" A guilty feeling came when he realized he had forgotten to bring his table scraps of last evening. The cat looked up at Charley dolefully, blinking her eyes slowly. Charley knew the female to be independent and usually antisocial. Now, he thought, she's looking for sympathy. Many times the cat had been inadvertently locked in the jail for a day or two, but had come to no harm since he always kept a tin of water inside the door.

Reaching into his top drawer Charley withdrew a sheaf of wanted posters. Gazing out the small six paned window directly in front of his desk he mourned the dirty and cracked panes. Among the broken edges purple and violet tints sparkled and twisted in the sunlight. Backing his chair toward the doorway, he gained additional light to ease his reading. While scanning the sheets the cat jumped to his lap, purring and nuzzling his hands. Petting her absently he could feel her body throbbing beneath his fingers, giving him a feeling of tranquility. Lazily he attempted to memorize the poor facial drawings and described details of the felons.

His attention was momentarily diverted by the sound of footsteps as lawyer, Bob Ewing, climbed the outside staircase to his office above the jail. He heard the twang of the screen door spring, then the rattle of the key in the lock. The screen door closed with a slap, followed by a thump as the inner door closed.

Dust motes drifted down from the ceiling as a heavy chair scraped on the floor above. Charley mentally cursed the builder of the lockup, knowing that although the floor above was heavily double-planked, the carpenter had failed to put felt paper between the two layers of lumber. Dust gravitated down whenever the lawyer or his clients moved about.

Finished reviewing the wanted posters, he turned to a two-day-old copy of the St. Paul Globe, knowing well that the paper was owned by the railroad magnate, Jim Hill.

Charley was the only law for well over forty miles in each direction, excepting to the north. There, just two miles away lay the Canadian border where Constable Bob Bell was in charge, assisted by Fred Bradley, who was Justice of the Peace.

Recently Jud LaMoure, a local resident, had been made a Deputy United States Marshal. Unfortunately, he was seldom around, being involved in politics and his several business enterprises. Actually, Charley felt comfortable in his position as sheriff, since he had the full cooperation of Captain Collins, the commanding officer at Fort Pembina. He could usually find-qualified men if he needed deputies.

Although the sheriff stood a bit over six feet in height, he was becoming conscious of his weight. In the army he had held just below 190 pounds, but now he tended to gain easily. He often thought of his friend Constable Bob Bell of Emerson. Bob, a huge man, was developing an overhanging paunch; also incipient dewlaps were beginning to sag from his cheeks. Perhaps it was conceit, but Charley found himself eating less and walking more, aware of the consequences.

His prowess of manly defense while in the army had made him a legendary figure, fame gained during the war and as First Sergeant of Company I, 20th Infantry. Even so, since the beginning of his sheriffing days, he was known to be a generous man, not a harsh disciplinarian. There were times when he was confused by his own emotions. He had killed men ruthlessly in combat, but now he held a live, and let live attitude. He knew he had been brash as a boy, headstrong and willful.

At sixteen years of age he had run away from his West Virginia home to join the Confederate Army. His grandfather's influence had resulted in his ignominious return home in the custody of a Southern sheriff. Within days he had run away again, this time joining the Northern Army, having been thoroughly disenchanted by the rough treatment administered him by his southern captor.

His thoughts turned to his problem with Marguerite. They were to have supper together this evening at the Crawford House in St. Vincent. Just last week she had brought up the subject of marriage. Since her younger sister, Susan, had married his friend, Ian McLaren, she had been pressing for a permanent relationship.

Looking directly into his eyes, she had said, "We've been walking out together for nearly two years now. Let's get married at Thanksgiving time."

When he became evasive, she became angry.

The breed girl was beautiful and talented, but Charley's training while a youth had made the idea of a mixed marriage a hell on earth. Raised in the east, a son of strict and religious parents, made miscegenation unthinkable, almost a crime against nature. At times his conscience ate at him, knowing he was being unfair to her. Still, somehow, he was unable to face a breakup.

Although there were many attractive white females available, none had caught his interest. Marguerite had brought something new and vivacious into his life. Something he had never shared with any other woman. He knew it would be impossible to forget her entirely, and knew it would be up to him to terminate their relationship. His conscience ate at him, knowing the longer he put it off, the more difficult it would become. He had never before been so deeply troubled, his moral senses so debased. He felt guilt-ridden with remorse, feeling he had sullied his own reputation, and hers. His conscience eased somewhat, remembering that Margurite liked trinkets. He would stop at Feldman's Jewelry tomorrow and pick up a small gewgaw for her.

Another thought came to mind. Recently renegade Indians from Wood Mountain, in Manitoba, had shown up in the Hair Hills [aka Pembina Hills] to the west. They had crossed over into Dakota Territory from Canada, causing alarm among white settlers and trouble among the local Indians. After seizing a teamster's horses, wagon and government goods, they had run the man out of the hills.

Furthermore, Charley had word that the same redskins had been posting warnings on trees and cabins, ordering whites out of the area. He mused, "Thank the Lord the Indians posted those notices! Now the military will have to take action. They'll have to give me backing when I try to get that government property back."

As sheriff, he was sure the Indians were leery of the military, knowing well the aftermath of the Custer debacle just two years ago. Surely they would back down -- that is, if they could be found. But how could he recover the government goods? A grim thought came, "Heck, if I know anything about Indians, those goods have been spread to hell and gone by now! Still, there's a slim chance I might be able to recover the team and wagon."

Another vexing problem had presented itself just last evening, in the form of a Deputy United States Marshal. Charley had been eating his evening meal at the Pioneer Hotel when the proprietress, Mrs. Fisk, brought a stranger to his table. Resting her hand familiarly upon Charley's shoulder, the rotund lady smiled. "Charley, this gentleman says he has business with you. His name is William Anderson."

She turned to the stranger coyly, "You'll have supper with us I expect?"

"Yes. Thank you!" He locked eyes with the Charley, who had risen to shake his hand. "Do you mind if join you, sheriff?"

"Not a bit, take a seat."

Mrs. Fisk turned away with a smile of satisfaction, knowing the stranger would contribute to her coffers.

Charley looked quizzically as Anderson adjusted his chair forward to the oilcloth-covered table. He noted the man's heavy body, his oversized nose that emphasized the square jaw. Casually, Anderson placed a shiny Deputy U.S. Marshals' badge on the table.

"If that's a bona fide badge, maybe I'm the wrong man for you." Charley remarked.

"How so?"

"Jud LaMoure is the deputy marshal in this district. I don't intrude into his business unless he asks for help."

"Let me put my cards on the table." The marshal picked up his badge, returning it to an inside vest pocket, then he fished in an outside pocket to produce a curved stem pipe and tobacco pouch. Taking his time, he casually filled the pipe, tamping down the tobacco with his index finger. Before striking a match he raised his eyes to Charley. "I'm looking for a Texan. He's been involved in several bank holdups, and lastly, he was one of the gang involved in the train robbery at Mesquite, Texas."

Charley mused, "No strangers in town that I know of. Oh, there are still quite a few railroad workers I don't know personally, but I doubt your man is here."

"He's here! Believe me -- I know! He had a local lawyer named Ewing write a letter to his wife in Dallas. Our postal people intercepted it; the lawyer carelessly used his personal letterhead. Perhaps I should explain further. You must have heard of the Big Springs train robbery last November. The robbers got $60,000, all in $20 gold pieces. You're probably aware that we're still looking for two of those bandits and a good chunk of the missing money."

Charley's interest grew. He had reward posters on two of the Big Springs robbers and recently the Grand Forks newspaper, The Plaindealer, had warned of their presence in the immediate area. The wanted posters listed their names as Frank Carter and John Underwood.

"I've heard of them, but few strangers have come into town recently. Sure, we've got about 4500 residents between the towns of Pembina and St. Vincent, but the hotels usually keep me informed of suspicious characters. Weren't most of those involved in the Big Springs robbery either captured or killed?"

"Yup, but the Mesquite robbery involving Bill Collins happened about four years ago. We've been biding our time ever since, waiting for a break. We finally got it!" Anderson looked confidant, and then added, "He may have been living here for a month or more. He's young looking, tall and husky -- used to weight about 200 pounds. He's got a booming voice and the personality to charm a rattlesnake.

His voice suddenly turned bitter. "We were raised together as lads and attended the same school. In fact we were the best man at each other's wedding. Trouble was, his marriage didn't keep too well after he began associating with thieves. By luck, I turned to law." He puffed a few moments on his pipe, and then asked, "Where does this lawyer named Ewing hang his shingle?"


Charley smiled. "That's easy, he couldn't be closer. His office is just above the jail. He'll be there in the morning."

The marshal glanced around the room, and then turned back to Charley. "I'll be around until I can gather up Collins. Can you recommend a clean hotel? I've had enough of crummy rooms and bedbugs."

"We've got several good hotels and quite a few rooming houses. Where is your gear? Nothing wrong with this place; Mrs. Fisk has rooms in the back and upstairs. She's fussy, keeps them clean." Charley chuckled, "Watch out for her; I think she's looking for a husband."

"This lodging will be satisfactory."

The cold unemotional reply and the look on the man's face told Charley his attempt at levity had failed.

After cleaning his plate Anderson slid back his chair and stood. "Can I count on meeting with you tomorrow morning around 8 o'clock, say at your jail? By the way, where is it?"

"A block west and a block north, just west of the street. You'll see Ewing's sign by the outside staircase."

Charley removed a small oyster tin from a pocket and began scraping the remains from his plate. He noted the puzzled look on the marshal's face, and said sheepishly, "This is for my mouser at the jail. She's got a litter of kittens on the way."

Newspaper ad from August 7, 1879 issue of THE PEMBINA PIONEERAfter his discussion with the marshal, Charley's intuition took over. Putting the facts together he suspected the wanted man to be Bill Gale. If it's him, he thought, it's a darn shame. Although he had met Gale only casually, he took an immediate liking to the man, but also a suspicion. He judged the man was a mover who never stayed long in any one place. The man had a southern drawl and had worked at odd jobs around town for the past few weeks. Yet he had caused no trouble and minded his own business. Charley knew that Gale now tended bar at Jim White's, Halfway-House Hotel in Huron City**. It was just two miles north of Pembina, situated on the Canadian border. Gale was a six-footer, a husky man, as large and heavy as Charley. Charley knew he was no man to fool with; the bulge under Gale's left armpit indicated a firearm. That didn't bother him, knowing many of the men in town carried some sort of weapon, either gun or knife.

He knew the hotel where Gale now worked had an unsavory reputation, equipped as it was with girls who rendered services to men***. It was located astride the border between Canada and the United States and was well known, famous for its red stripe painted down the center of the barroom floor. The north half of the room was in Canada and the south half in Dakota Territory of the United States.

Salty perspiration trickled down his forehead and burned his eyes as he looked up at the flyspecked calendar. The loud chirp of a lone cricket came from the rear of the jail cell, answered by another, located somewhere under his desk. It was the second Saturday in September with the promise of the day becoming another scorcher. A drought condition had prevailed all fall and it had not cooled during the night. Nature was playing a dastardly trick, making winter seem far away.

Tugging the watch from his vest, he examined the gold-cased Howard casually. It was one of his few foibles, a fine, expensive watch. Already it was 9 o'clock and the marshal had failed to appear. "Why am I waiting for him? I'm not his keeper!"

Deciding not to dawdle longer, he swung his feet from the scarred desktop. The springs under the slant-back chair protested as he stood. The thought came: "I'll take things one at a time. Bob Ewing can wait; there's plenty of time to find the moniker of the man he represented."

Reaching for his keys and flat brim Stetson, Charley closed and locked the outside jail door. Some days ago he had forgotten to lock the door and returned to find pranksters had taken the leg irons, cuffs and other restraints and secured them across the arms of his swivel chair. Then they had hidden the keys so cleverly that it had taken a half hour to find them. He suspected his occasional deputies, either Bill Moorhead or Ned Cavalier to be guilty. More than likely it was Ned, since he was the practical joker and sport about town. He was usually involved in some wild scheme, usually a lottery that turned to his profit. The thought amused Charley, for he knew that eventually word of the guilty party would leak to him. The opportunity for revenge would come; he'd have the last laugh!

Cutting through the alley to Mason's Livery, he entered the rear of the barn to get his saddle. A hostler, busy scraping out horse stalls with a shovel, nodded briefly.

"Durned hot day, dry as a popcorn fart."

"It'll be plenty cool soon, winter is just around the corner."

"Want your horse saddled?"

"Naw, I'll do it. It appears you've plenty of crap to shovel."

His bay in the corral came obediently to his cajoling call. After a brief show of affection Charley carefully spread the saddle blanket and eased up the saddle. Circling his horse, he lifted and examined each hoof in turn. Finally slipping on the bridle, he mounted and headed for the bridge. A disturbing thought came, that marshal's not much at keeping appointments.

The hooves of his horse made brittle sounds on the dry planking as he crossed the makeshift bridge over the Pembina River. Stopping momentarily to pay the five cent toll, he noted the water beneath the bridge to be only a foot or so deep. He reasoned a dam was needed here to hold back a head of water. It was obvious that the river was so shallow that it would in all probability freeze solid to the bottom this coming winter. When that happened, water for the livestock in town would have to be hauled by wagon from the Red River, a cold miserable task.

He was pleasantly surprised to find a light breeze from the southeast as he turned toward the fort. The road held three well-worn ruts, formed by the ox carts that had traveled the path for years. The center rut was formed by myriads of oxen’s hooves. The ankle deep dust on the road muted the sounds of his trotting animal.

A warm feeling of satisfaction came whenever he returned to the fort. After all, he had spent twelve years in the army and most of his friends remained in the service. Also, he realized his timing was perfect. When he finished his business with Captain Collins, the officer would no doubt insist upon his staying for dinner.

He was determined to ask that Lieutenant Kirkpatrick be allowed to head the military escort needed for the foray to straighten out the Indians. He had worked with the Irisher before and they got along well. Since today was Friday, he determined they would leave for the Hair Hills early on Monday morning.

“Gadfrey!” he sighed, "It'll take nearly three days just to get out there, then we'll have to find those scalawags!

On his way to the fort Charley reviewed the loss of his horse and buggy in the Mason Livery fire just two months ago. As badly as he needed and wanted another trotting horse, good ones were few and far between. Also they were mighty expensive.

His thoughts turned to Mrs. Geroux. "She's had two buggy runaways this past month. Why does Lucien keep that wild team? More to the point, he's wealthy, and owns that big hotel. Why doesn't he buy an older buggy horse for his wife? I'll have to corner him on that!"

He smiled to himself thinking of his business partner. John had recently discovered his buggy missing. The horse, untended and untied, had taken off, crossed the bridge and was found at the brewery just south of town. Fortunately, both buggy and horse were unharmed. Kabernagle was teased unmercifully about it. Ned Cavalier had jested, "John, your horse is a creature of habit. He knows your every Sunday desire. He just forgot to take you along!"

There was no doubt in Charley's mind who had slashed his trotter, then burned Mason's livery barn. Water under the bridge, he reflected. He's dead now, the dirty pup! How many heinous crimes had Murphy gotten away with in his lifetime? How many murders? It was lucky Pete caught him when he attempted to rape Pete's youngest daughter, Susan. It was certain Murphy would have killed her after using her.

Painting of Fort Pembina in the 1870sCharley still felt guilty about arresting Pete for killing Murphy, then leaving him in the custody of Captain Bob. Gullible Bob, his jailer, had let railroaders tempt him with drugged whiskey, then removed Pete from the jail and killed him. Although Charley knew several of the guilty men involved, he had no firm evidence. Now they were safely across the border in Canada, out of reach. Shaking his head in frustration, he tried to relieve his conscience. "How could I have known those railroaders would seek revenge for Pete's killing Murphy because Pete was a breed? I'm positive Murphy was the one who raped and killed that young Indian girl at Roseau Crossing [Dominion City]; he probably was involved in the disappearance of those two missing soldiers too!" Reflecting, he was thankful Susan and Marguerite didn't blame him for the disappearance of their father. They had been shocked at his removal from the jail by unknown assailants, but were not privy to the fact that their father was positively dead. The only ones who knew were the railroaders who committed the crime, the smuggler who had found his body while crossing the border, and himself. Even he would have not known, except that the smuggler who stumbled on a protruding, moccasined foot exposed by the weather had reported it to him. He worried if he had done the right thing, since he had returned to the site of Pete's grave with a shovel and completed the burial. At the time it had seemed the right thing to do. Now he was beginning to feel guilty because he had withheld the information from the girls. He told himself, someday, when the time is right, I'll tell them. Approaching the northwest corner of the fort he left the road, taking a shortcut across a stretch of rippling prairie grass. Entering the fort proper, he cut around the end of the long enlisted men's barracks that extended across the north end of the parade ground.

Opposite, to the south, across from the esplanade, were several one-and-a-half story houses occupied by the officers and their families. The store on the west side of the open ground was long and of two stories. Adjoining the store, extending even further south was the hospital, a large portion of which had two floors with an attached kitchen and sick ward. From his past army experience he knew the post dayroom and headquarters were both located in the south portion of the store, there being no other suitable building on the post.

Each fort building foundation had been built of raised wood posts, with sides of the buildings boarded to the ground for winter warmth. The open side of the parade ground lay on the high bank facing the Red River, guarded by three solitary seven-pound brass cannons, standing side by side.

Dismounting from his bay, Charley casually wrapped the lines on the long hitching pole in front of the headquarters. He noted the inner door stood open, no doubt due to the heat of the day. His first steps on the porch alerted the Charge of Quarters who stepped outside the door.

"Good morning, Sheriff! Come inside. Lieutenant Hoch is on duty."

Following the corporal inside, the Lieutenant arose from behind a desk and extended his hand to greet Charley. "Good morning, Charley! What's your pleasure today?"

"Hello, Oliver. I'm here to see Captain Collins. I've some trouble over in the hills west of St. Joe. I need a little assistance. Canadian Indians have crossed to our side of the line again, and are giving the settlers hell."

Hoch shook his head dolefully. "The Inspector General is here inspecting the post, and we're trying to finish qualifying the men on the rifle range before the snow flies. We're hard up for ready patrols just now. I have my doubts, but of course, it's the captain's decision. He might spring for a few men.

"I probably need only about a dozen. Don't believe the Indians have much support from the locals. Probably a small bunch who have their dander up and will back down and skedaddle back to Canada if pushed hard." Reflecting, he added, "A couple of weeks in your guardhouse on bread and water would really straighten them out!"

Hoch turned to the corporal, "Find the Captain and inform him the sheriff is here. I think he's at the laundry." He turned back to Charley. "The steam jenny that heats the water over there is giving the laundresses a fit. They're afraid it will explode."

Charley managed a wrinkled grin. "Hold up! It's not necessary to send Corporal Donegan. I'll walk over there myself."

After Charley left the day room, Hoch questioned the veteran corporal. "Wasn't he Captain Wheaton's First Sergeant when the captain was in charge a few years ago?"

"Yes sir! And don't let that easygoing manner fool you. He was hell on wheels before he quit the army in '75. He was a real tight soldier; a man's man, tough as nails. During the war he was a real leader! He made brevet lieutenant after our first scrap and his platoon was usually given the dirty, most dangerous jobs. He took over the company command on more than one occasion, only to be deposed by Pointers who were jealous of his ability. His men would go through hell for him; I know, for he was my lieutenant until he was captured late in '63."

Taking a direct route across the parade ground Charley passed between two of the officer-cottages on his way to the laundry. A sudden spurt of firing came from the rifle range to the west, causing him a quick glance in that direction. Rounding the laundry building he found Captain Collier in the act of admonishing a soldier.

"Let the fire die out after the laundresses finish for the day, then disassemble the safety valve and clean it thoroughly. You don't need that huge fire in the boiler. Keep it small and feed it often, just enough to keep the steam up. The noise of the steam escaping from the valve is frightening the women." He half turned upon hearing Charley's approach, then added, "Stay on the job when the boiler is fired. I don't want to hear any more complaints from the ladies."

Facing Charley, he began to smile. "Come to put the touch to me again?"

"Yup! Indians in the Hair Hills are putting the run to settlers. I've got to try to recover a team and wagon loaded with government goods they've seized. It was destined for the smallpox area. It'll probably be a cold day in Hades if I get any of that stuff back!"

Collins shook his head. "Darn trouble makers! We underestimate the Indians at times. Fetterman sure did! So did Custer! I only wish I understood them better." He sighed, "Charley, I can't spare you any men until late next week. Can you wait that long?"

The sheriff shrugged his shoulders. "Guess I'll ride out that way on Monday. If I have no luck I'll be back on your doorstep." He hesitated, "Hock inferred that you're swamped with the federal inspector visiting. I know what you're up against."

"Just my career," Collins joked. "General Gibbon is the inspector; he's not too hard to get along with."

"He's fair," Charley admitted. "He's inspected the fort before, back when I was stationed here under Captain Wheaton."

Light conversation ensued as they walked back toward the parade ground, finally the captain suggested, "Let's go over to the house. My wife and son will be put out if you don't stop. We don't see much of you -- might as well have lunch with us."

At l:30 that afternoon the sheriff arrived back in town. Hearing voices from Bob Ewing's office he climbed the outside staircase. Opening the screen door, he found Deputy Anderson and Jud LaMoure seated near the lawyer’s desk.

Anderson looked embarrassed, "Sorry I missed you this morning, sheriff. I ran across Marshal LaMoure at breakfast and we discussed my problem at length."

Jud spoke up woodenly. "Charley, it seems the man Anderson wants is Bill Gale."
Charley took a chair next to Ewing's desk. "Kind of figured it had to be him. He hasn't been around here long, and I kind of wondered about his accent. It's from the southwest, sure not local."

"I still need him," Anderson spoke up softly.

Ewing looked guilty. "You're right Charley, he's from Texas. Said he was trying for a new life. He had me write a letter to his wife saying he would soon send money to get her here." His face bore a look of chagrin. "It's my fault they've found him out."

"He's no innocent," Anderson grumbled. "He was arrested in Dallas last February for assault and carrying a concealed weapon; he pleaded guilty to that -- jumped a $15,000 bail in June, just took off."

"Charley, wasn't he working for Bill Moorhead this fall?” LaMoure asked.

"Yes, but he's working for White now, bartending in his hotel at the border. At least that's the last I've heard."

LaMoure laughed, "What a grand place to work; White's running a damned whorehouse out there."

"Until someone complains, it's not my problem," Charley shrugged.

Anderson spoke up, "Collins has been moving. I traced him to Missouri in early August, then to St. Paul. Finally I got word from Dallas that he was here." Anderson turned to LaMoure, "I stopped in Fargo and talked to your boss, but he was busy in court. He said to see you and the local sheriff. They told me he might have crossed the border into Canada by now. If so, I'd have to bait him across the line somehow."

"You'll probably have to do just that," Ewing said. "If you take your warrant to Canada you'll get the runaround. Best you catch him on this side."

Charley turned to Anderson angrily, "What do you want me to do? I'm only the sheriff; you and Jud are both Federal Marshals. You two can make your own arrest; it's a federal matter -- your job."

Anderson was defensive. "I told you Bill and I were friends back in Texas. He'll recognize me immediately and be on his guard. He'll know I'm after him and probably run again."

LaMoure looked at Charley hopefully. "What if you and I go over to Huron City tonight? We shouldn't have any trouble with him, seeing there are two of us."

"Not tonight, Jud. I'll be tied up in St. Vincent."

Jud knew of Charley's occasional dalliance with Marguerite and remained silent.

A long moment of quietude fell, finally broken by Charley. "Jud, I'll go out there tomorrow night with you, but I'll hate every minute of it. If he can be arrested without anyone getting hurt, him included, I'll play along. It has to be tomorrow night though, 'cause I'm heading to the hills west of St. Joe, early on Monday morning. I've got some Indians to fuss with out there."

Deputy Anderson stood, and then began to smile. "I appreciate your help sheriff. Perhaps my stay in Pembina won't be too long."

Charley picked up his horse and buggy at Mason's Livery. Crossing on the Red River ferry he questioned the operator, "Trudo, how late will you be running tonight?"

"Until dark, Sheriff. 'Course, if you're later, yell loud enough to wake me up. I'll be sleeping in my shack aboard the barge."

* I say so far, because I'm encouraging Chuck to try to get it published. It's too good not to share with the world...

** I had never heard of a place called Huron City, just north and maybe a tad west of Pembina, but then, there's a lot of things I don't know, like there used to be a place called Sultan, Minnesota not far from St. Vincent, but it's just a memory now. Chuck says this about Huron City: "...The hotel there is well known as was the owner. The hotel bar had a red line painted down the floor, half in Canada and half in the U.S. Charley and LaMoure went out to Huron City to capture the desperado, but he was armed and dangerous." Also, you will note above an ad about Half-Way House taken from an actual newpaper of the time period; it says that Half-Way House is located three miles west of Smuggler's Point - A "...well-known ford across the Pembina River here is mentioned many times by Alexander Henry either as grand PASSAGE or the PEMBINA TRAVERSE. By the 1860s there was so much smuggling from Canada into the USA in this vicinity that Mr. Wm H. Moorehead was appointed customs inspector in an effort to curb this illegal traffic."

*** Read about how there were many such places on the border from the early days of settling until well into the twentieth century, and why.

Thursday, January 24, 2008

Sheriff Charley Brown: Chapter XVI

It was a wan, worn-out Charley Brown that finally arrived at the St. Vincent depot just as darkness fell. It had been January 3 when he delivered his prisoner to the Detroit penitentiary, now it was February 17.

The very day he arrived in Detroit he had come down with a high fever and an unshakable cold. He had spent over a month confined to a hospital room, most of the time comatose. He was being treated by a doctor whose talents, Charley suspected, were of a limited knowledge. He was subjected to constant hot mustard plasters, and of having his window open to admit freezing cold, fresh air. Gingerly, Charley reached as far down his neck as possible to relieve the itching left by the hot plasters. Having been abed for so long, and being fed only liquids, he realized it would be days before he would again regain his full vigor.

When the train fully stopped, he raised from his seat to remove his carpetbag from the high baggage rack. A sudden light-headiness, accompanied by a blacking out sensation, made him reach quickly to grasp the back of the seat. Hesitating momentarily to regaining his equilibrium, he turned to walk to the end of the car just as a blast of cold air rolled in from the now open vestibule door. Upon his reaching the exit, the porter, noting Charley's unstable walk, courteously reached to take his bag. Finally stepping down to the icy platform, Charley came face to face with Carl Gooding, the St. Vincent depot agent. Gooding reached out to take Charley's valise from the porter.

"Heard you were sick, Charley. I expected you back three weeks ago. John said you sent a note early in January, saying you were in a hospital."

"A touch of pneumonia, Carl. I was sick as the devil for a while, and for a few days lost touch with reality. I'm fine now, just a little rickety." He smiled, "A few square meals will fix me up."

"We wondered about you. Anyway, if you'll wait a few minutes I'll give you a ride over to Pembina."

Charley spied the mail and express carrier who was loading bags from the express car. "Maybe I can catch a ride with Leifer, the Icelander. He should be leaving soon."

"That's fine with me, but he hasn't any robes on his sleigh and it's mighty cold."

They walked to the mail carrier's sleigh where Gooding placed Charley's bag behind the seat. "Got a passenger for you Bjorn. Charley needs a ride across the river."

"Ya, sure. Yump on."

When the carrier's sleigh reached the top of the hill at Pembina, he drew his team to a stop. Charley thanked him, stepped off, and then turned toward his saloon. Entering, he was greeted profusely by old cronies and others who waved perfunctorily. Dropping his bag, he turned to John who hurriedly approached.

"You worried the hell out of me! It's been a month since you wrote. Why didn't you dash off a letter after that one telegram in early January?"

"I was just too sick -- darn near croaked according to the doctor."

"Well, you're going to be a lot sicker when I tell you the news. Highwater Bill has done it again! He's gone and arrested Frank LaRose for murdering that kid of Nancy LeRoque's.

"Be damned, he really did it?"

"He sure did, and furthermore, it's suspected Frank recently murdered his wife."

"When did all this happen?"

"Just a few days ago."

Charley looked stunned. "Bill wanted me to lock up LaRose, then leave him in charge of the jail, but I refused. He has it in his head that if he could get Frank into jail he could force him into admitting he killed Nancy LeRoque's daughter."

"Geez! You've had us all wild. Marguerite has been worried sick about you. She's stopped by several times and she's never stepped in the door of our saloon before. She said she expected you back weeks ago. Also your mother is concerned. She cornered me at Myrick’s store."

"John, I still feel shaky. Guess it'll take a few days to make me right. Now I suppose I'd better look up Bill and find out what's up."

"I'd rest easy tonight if I were you. Your rooms upstairs should be plenty warm. You can see Bill in the morning; nothing's going to change. Bob's watching LaRose at the jail. By the way, you have a new customer there. A darned slicker -- a lightning rod salesman who took money last fall and never delivered the goods."

"How did suspicion fall on LaRose after his wife's death?"

"Dr. Appel, at the fort, thought her sudden death peculiar. It seems he saw the woman the day before her death and found her in good health. Healthy people just don't kick off -- at least not overnight."

Charley bent to pick up his carpetbag. "If you don't need any help, I'm going upstairs and put something together to eat. Guess the trouble will still be there in the morning."

"You haven't been home for a month; your cupboard must be bare. Sit down and I'll make up something from the leftovers in the icebox. It'll only take a minute." He looked at Charley critically, "You know -- you really do look puny!"

As John began fixing a plate for Charley, he turned to add, "Captain Collins and Kneeshaw have both been looking for you. They want to set up an inquest. They'll be glad you're home since they'll need to call in a jury and clerk. That'll be your job to notify those involved. They'll need witnesses lined up, and I suppose much of it will take place at the fort. I heard Dr. Appel has already run an autopsy on Mrs. LaRose, but the results haven't been released. They're keeping everything under wraps until the inquest."

Charley ate little of the plate handed him. He found his appetite playing tricks. John looked at him sympathetically, "Just not hungry, Charley?"

"It looks mighty good, but I guess I'm just not used to solid food yet."

"How about a barley sandwich?" His partner moved to the beer tap.

Charley nodded slowly, "It'll be my first beer since December. Sure, I'll try a glass. They gave me a little brandy now and then at the hospital -- said it was to increase my appetite." Sprinkling salt into his beer, foam grew, gradually overflowing his glass. Morosely running his hand through his hair, he said, "Sure need a haircut."

John said, "I heard Kneeshaw wants to hold the inquest on Thursday, that's just two days away. He probably already knows whom he wants on the jury, maybe the county commissioners. Guess they're pretty well tied up; he may have to pick jurors from town."

Sipping his glass of beer Charley reminisced over his past suspicion of LaRose. The man was a braggart and bully, who in spite of being a married man, patronized the local whorehouses. He doubted Highwater Billwould be able to bluff LaRose into any confession. Moorhead had picked up his nondeplume some years back when betting on the height of water during a flood. He had driven a board in the ground that had an open knothole in the upper end, and had bet five dollars the water would rise high enough to pass through the knothole. He won the bet, but it was suggested by some that he had returned during the hours of darkness and driven the board deeper into the ground. Charley knew that Bill was an exceptional raconteur, but that on occasion he was known to stretch the truth.

He decided he would contact Kneeshaw the first thing in the morning, then ride out to the fort and consult with Doctor Appel. The coroner’s inquest required only a jury of three plus a clerk, but every possible witness who had knowledge of the case would have to be called for questioning. He knew LaRose had a son, a daughter, and sister-in-law, who would of necessity be called. Also any neighbors who had associated with Mrs. LaRose in her last hours might be important as witnesses. Finishing his glass, he waved negligently to his partner, picked up his bag and moved upstairs.

Upon arising the next morning Charley ate breakfast at the Pioneer Hotel. He was surprised to find that he was able to eat a substantial meal, more it seemed than he had eaten for days. Minutes later, he entered Bird's lumber yard to find Coroner Kneeshaw working on the firm's books. Kneeshaw was a man of slight build, with quick, nervous actions and inquisitive, peering eyes. He looked up at Charley through small steel-rimmed glasses. "Finally got home, eh Charley? I heard you were sick."

"Just home in the nick of time from what I hear. John told me you want to hold an inquest into the LaRose case tomorrow. There's not much time to arrange things."

"Plenty of time -- we can do it day by day. I have two willing jurors so far, George West and Lee Scribner, but we'll need a third. Willoughly Clark has volunteered to act as clerk during the inquest."

"Maybe I can talk John into serving. Business is slow and we've a spare bartender."

"Get him, then." Kneeshaw was rubbing the fingers of his pen hand. "We'll need all the witnesses involved, including his family and neighbors. Best you see Dr. Appel at the fort. He may have more ideas on how to proceed, or of any special witnesses we may need."

At the fort hospital Appel apprised Charley of his findings. "We'll need to ask Wilkens, the druggist, to appear. I'm told he prescribed medicine for Mrs. LaRose, at times. Also, I need to know if she suffered any convulsive fits or similar attacks. Perhaps you can interview her neighbors as to that."

"Why look into fits, or convulsions?"

"It ties in with the symptoms of strychnine poisoning."

"I guess we'd better hold the first day of the hearing out here in your dispensary. Will that upset your schedule? The jurors will want to view the body and hear your conclusions as to the poisoning."

"As far as I'm concerned, tomorrow will be fine. Lieutenant Walker also witnessed the autopsy; I insisted upon an officer being present."

"Great! He can testify too.”

Donning his buffalo coat, beaver hat and finally his heavy horsehide gloves, Charley added, "I'll line up as many witnesses as possible, but I believe the only ones essential tomorrow will be your medical department and Wilkens, the druggist. Kneeshaw says the inquest doesn't have to be done in one day, besides, some of the witnesses may not be readily available."

"Then let's plan on 10 a.m. tomorrow morning, in my dispensary. I'll have everything lined up and can show the jury the tests I performed. If necessary, and if the jury has the stomach for it, I'll do the tests again to demonstrate the presence of poison."

Leaving the fort Charley turned south on the stage road. He was thankful it was a mild and almost a windless day, knowing that by nightfall he would be totally exhausted. He had neglected contacting Marguerite this day and knew she would find out that he was home. He mused, she'll probably feel slighted.

He arrived back in Pembina at dusk, leaving his horse and sleigh at Mason's Livery. Walking through the alley he crossed to Geroux's Hotel, entering the lobby just in time to catch Marguerite putting on her coat. Apparently she had been working behind the desk and was about to leave for home.

"Done for the day?"

Startled, she whirled, dropping her scarf. "Oh, Charley! Where did you come from?"

"Have you eaten supper yet?"

"No, I was going to eat at home."

"Then why not take off your coat and we'll eat in the dining room. How come you're not working there?"

"I've had desk-duty today. Lucien has gone to Minneapolis. His wife is about to come downstairs to relieve me." She slid into his arms, thrusting her body tightly against him. Throwing her arms around his neck she gave him a fierce, clenching kiss. Finally breaking away she scolded, "That's for scaring me! Why didn't you write?"

Taking her hand he led her into the dining room, drawing back a chair to seat her. Sitting opposite, he shrugged his shoulders. "Ended up sick, but I managed to drop a short wire to John. From there on, I didn't know which way was up for over three weeks. Guess I was lucky though, I licked double pneumonia."

"You don't look too spry now. You're pale as a ghost." She looked concerned.

"Just got in last night, then had to go out to the fort on that LaRose case this morning, then south to interview neighbors for potential witnesses. Frank's inquest is set for l0 a.m. tomorrow and not much planning has been done."

"Is it true? Did that horrible man murder his wife?"

"Hopefully, that's what will be decided at the inquest. The hearing will be at the fort and I'll have to see that Frank is delivered there. At present, he's lodged in the jail."

She leaned forward to grasp his hand. "Charley, I missed you so darned much! I imagined every worst thing that could have happened to you."

Tears were forming in her eyes. Taking her hand, he grasped it gently, "John told me that you stopped at the bar and asked about me, said it was the first time you'd ever done that. I'll take you home after we eat. Better yet, would you like to see my new rooms? You've only seen them briefly." His eyes searched hers. "It could be risky."

The waitress appeared to take their order and Maguerite murmured, "Let's discuss it after we eat."

Charley already knew her answer; her eyes burned into his.

All that followed afterward, was full of fire and fury, and when finished, they both lay spent.

It was nearing 4 a.m. when Marguerite awoke. Charley lay in a deep sleep, totally exhausted. Donning her clothes she slipped down the stairs into the frigid winter night, deeming the cold walk home a small price to pay for the wonderful love they had shared.

It was late on the afternoon of February 18 when Charley's mother ran into Mrs. Mostyn at the Pioneer Bakery. "Eliza, have you heard? Charley has returned from Detroit. According to Bob, Charley was sick in the hospital there for several weeks."

"Yes, that's so, Mrs. Brown." Bob Young, the storeowner added, "I ran into Johnny Kabernagel late last evening. He said Charley came in on the late train. He also said Charley looked mighty peaked."

"Well, it seems I'm the last to hear the news," Eliza said bitterly. "He has always been independent, never telling me anything."

"You must have known he took that prisoner to Detroit just after the New Year."

Eliza was loath to admit that Charley had not contacted her since the Christmas dance at Geroux's "Oh yes, I'd almost forgotten that he was to deliver a man to prison." She realized in the past weeks that her scornful treatment of Charley in front of others at the Christmas party had backfired. She had driven a wedge between them that must be eased as quickly as possible.

Her correspondence with Josey had born fruit. She had agreed to make a long visit to Eliza in the early summer, bringing both children, George and Lucy. Eliza was well aware of the fact that a ready-made family might prove a hindrance to Charley, but as she remembered the children, they were both courteous and polite. Eliza was prepared to make any sacrifice to break up Charley's romance with that breed woman.

As she left the bakery she found herself smiling with satisfaction. She recalled Josey's beauty. Why, with the right push and tact, Josey would have him roped within days. She could imagine the look of surprise on Charley's face when they met. She would plan their reunion artfully, arranging parties and picnics, ever pushing the two together.

Cousin Eugene, although agreeable and friendly, was not to be counted on for support. He had obtained a quarter of land to the south and was now busy framing a shed on his town property. When she had scornfully mentioned the breed girl in passing, he had sagely advised, "Eliza, Charley will always be his own man. If you treat that girl as trash, you are being a bigot. It will drive Charley even more firmly toward her. As a matter of fact, I've met Marguerite several times and she seems to be a lovely girl. Outside of her being involved with Charley, I've not heard a disparaging word said about her."

By 9:15 on the following morning court members and witnesses crowded into Dr Appel's dispensary at the fort. Because of badly crowded quarters the court was moved to the second floor where the open wooden coffin rested across two sawhorses. Tables and chairs were set and Coroner Kneeshaw assigned the jury of West, Scribner and Kabernagle to his right. To his left he designated a witness chair with Sheriff Brown close by.

As Frank LaRose was escorted into the room by Deputy Moorhead, the coroner turned to Charley, "Please swear in the jury."

Glancing at the court audience, then toward the jury, Kneeshaw said, "This will be an informal inquiry to determine if the death of Mrs. LaRose is anything more than a normal death. Circumstances have indicated otherwise, so every effort will be made to learn the truth." He looked directly at the prisoner.

"Mr. LaRose, are you represented by an attorney?"

"Hell no! Don't need any, didn't do nothin!"

Kneeshaw raised his eyes giving him a withering glance. "Then I believe we'll call Mr. Moorhead. I understand that he went to your home, arrested you and escorted you to jail."

"Mr. Moorhead, will you take the chair to my left and be sworn in?"

Charley performed the ritual.

"Mr. Moorhead, will you tell me of the circumstances concerning your arrest of Mr. LaRose?"

Bill combed through his heavy beard with nervous fingers. "Well, the jist of it is, Captain Collins sent Lieutenant Walker to corral me -- I was at the St. Vincent elevator at the time. When I reported to the Captain, Dr. Appel told me that something was haywire about Mrs. LaRose's death. He asked me what I could do. So I arrested LaRose, charged him with murdering the LeRoque girl."

The coroner appeared confused. "What has the LeRoque girl got to do with the death of Mrs. LaRose?"

Bill turned to Charley with a guilty look, and then looking back as Kneeshaw, said brashly, "I figured it a good excuse for arresting him -- and I damn well figure he is guilty of killing that girl!"

Coroner Kneeshaw shook his head disgustedly, but ignored the inference.

"What problems did you have in arresting Mr. LaRose?"

"Not much, he argued, but we brought him in."

"You had assistance in making the arrest?"

"Yup, Ned Cavalier came along with me."

"I assume you lodged Mr. LaRose in the Pembina jail?"

"Hell yes! Oh! Sorry judge!"

"You may step down." Kneeshaw showed signs of being exasperated with Moorhead.

"Dr. Appel, will you please take the stand."

Again the oath was administered.

"What were the circumstances that made you call for the sheriff."

"At the end of January I examined the lady at her husband's request. I believe it was January 25. Mr. LaRose said his wife was not feeling well, so I went to their home late in the afternoon. She seemed thin and run down, but her heartbeat was strong and regular, also she had no lung congestion. She did have several bruise marks on her arms also a severe mark on her left cheekbone. I advised Mr. LaRose to take better care of his wife."

"Did you prescribe any medication for her at the time?"

"No sir. She didn't request any and I didn't feel she required any."

"Please continue."

"The next day I was informed that she had passed away. I worried that I had failed to detect something in my examination of her, but upon thinking it over, I became suspicious."

"What did you do about your suspicions?"

"I mulled it in my mind for a day or two then decided to inform Captain Collins of my concern. He concurred with my thoughts, sending Lt. Walker to contact Mr. Moorhead. Sheriff Brown was absent at the time."

Coroner Kneeshaw summarized: "Gentlemen of the jury, it was then that I was informed of the possibility that a criminal act had taken place. I ordered Mrs. LaRose's body to be exhumed and brought to the fort for examination."

Charley glanced over at LaRose; the man's head was bent back over the chair, his eyes closed. He appeared either bored, or feigning sleep.

"Dr. Appel, when you examined the body of Mrs. LaRose, what did you find?"

"That she had enough strychnine in her to kill far more than one person."

"And when did this autopsy take place."

"Not until several hours after the body arrived at the fort since the corpse was frozen solid when brought in. I conducted the autopsy with the assistance of my hospital steward and in the presence of Lt. Walker. I removed the stomach, liver and kidneys to run tests upon them. My reference for the testing, is my medical book on poisons. The results were positive -- strychnine poisoning, whether induced, or taken voluntarily. Incidentally, we were appalled to find other bruises on her body that had been concealed from us by her clothing."

Kneeshaw was drumming the fingers of his right hand as he stared accusingly at LaRose.

"You are positive this evidence of poisoning is conclusive?"

"Yes sir!"

"You may step down. Will the hospital steward please take the stand."

Immediately after Charley swore in Dr. Appel's assistant the coroner asked him to state his name.

"My name is Ira Hocking, sir"

"Do you concur with Dr. Appel's conclusion that Mrs. Larose died of poison?"

"Yes sir. I followed every test with interest, as I've never before had the opportunity to learn anything about testing for poisons. According to the procedure and tests the doctor performed, the results coincided with the manual. I believe the doctor is correct in his conclusion."

After the steward was excused, Kneeshaw beckoned to Charley; they conferred in an undertone. Charley suggested, "I believe Wilkens, the Pembina druggist, should be called next. He's here, and says he gave medications to Mrs. LaRose."

As Charley walked back to his chair, the coroner called out, "Mr. Wilkens, will you please take the stand."

The druggist held a notebook in his hand as he was sworn in.

"Mr. Wilkens, I understand that you prescribed some medications for Mrs. LaRose. Please inform us of the details and contents of those chemicals."

"I sent to her house ten powders in all, each consisting of about two grains of quinine and Dovers Powders."

"Could these be construed to possibly cause her death?"

The druggist smiled grimly. "Hardly. Even if they had been taken all at once they could not have caused death. Let me explain." He glanced at his notebook. "Dovers Powders consist mainly of Ipecac which is a tropical South American creeping plant of the madder family, a plant with small drooping flowers. The dried roots are used in treatment of laryngitis, bronchitis and chronic diarrhea."

Coroner Kneeshaw glanced at Dr. Appel who was nodding his head in agreement with Wilkens.

"Then you were treating her for cold symptoms."

"That is correct."

"Mr. Wilkens, you are excused. Mr. Frank LaRose, will you take the stand?"

Frank's head, which was resting back over the chair, suddenly flopped forward as he arose from his seat. He glared at Charley malevolently as he was sworn in.

"Can you explain anything as to the evidence presented? Can you explain Dr. Appel's statement that your wife died of strychnine poisoning?”

LaRose looked around the room angrily. "If she took something, I don't know a damn thing about it. I ain't done nothing wrong and you can't prove I did!"

The coroner waited hopefully for him to continue, but the prisoner sat morosely in the witness chair uttering no further word. After a long minute, the coroner asked, "Are you quite through?"
"Damn right I am!"

The coroner shook his head in disgust. "Then, you may as well return to your seat."

He turned to Charley, "Sheriff, we will continue this inquest tomorrow morning when I want you to have further witnesses available to the court."

He stood, "This court is adjourned until 10 a.m. tomorrow morning, to convene in the Pembina County rooms.”

As Moorhead led his prisoner down the stairs he turned to speak with Charley. "Best you come and see our other prize bird at the jail."

Charley laughed, "I'll do that, I hear he's an authority on lightning rods and swindling."

Moorhead grinned.

Downstairs, in Dr. Appel's infirmary, Charley closeted with the surgeon. "How easy would it have been for LaRose to get his wife to take the poison?"

Appel looked directly at Charley. "You must have taken quinine during the late war. You must remember it's very bitter taste."

"I sure do! You mean he covered up the strychnine's acrid taste by mixing it with the quinine?"

"Well, wouldn't that be the only way? She was taking the quinine and Dovers powders in solution and he simply intermingled the poison. Moorhead never found any of the ten powders Wilkens was said to have prescribed for her."

Charley shook his head. "If that's the way he did it, he's a cold, calculating bastard. Still, it'll be up to the jury to decide if he's guilty."

"How do you feel about it personally?"

"I hate to say it, but I believe he killed her."

"I'll come into town tomorrow morning for the continuation of the inquest. I'd like to hear what his relatives have to say about the matter."

"Yes, and I'd better get out there to round up those people for tomorrow morning's session. It's almost a twenty mile round trip. Thank heaven it's been mild the past few days. Still, if a bad wind comes up with all that loose snow, travel will become impossible."

Returning to Pembina after speaking with relatives and neighbors of LaRose, Charley mused over the recent weeks. He had no forewarning of coming down with pneumonia, not even the slightest hint. The minor innocuous cough that developed had nearly done him in. The doctor had said if he hadn't been in top physical condition, he wouldn't have survived. It was just his luck upon returning home to be thrust into this mess with LaRose, complicated by the recent arrest of a swindler. He decided to stop at the jail when he returned to town, knowing the county commissioners would be concerned about the expense of keeping two prisoners locked up until the July assizes. He wondered how his father would have handled the situation. Probably wouldn't have bothered him in the least, Charley reflected, knowing well his father was a hard, bitter man.

After eating supper he entered the jail to find the night guard, Parker, adding wood to the potbelly stove. "When did you start your shift, Pete?"

"Started at six, until six tomorrow morning. Bob has the day shift."

Charley motioned to the prisoners behind the bars. "They behaving themselves?"

Parker began to grin. "The salesman is a bitcher, but I told him if he didn't shut up he'd get no supper. Frank's no bother, long's he's sober. He's sulking."

Looking through the bars Charley studied the salesman. "What's your name?"

"Thomas Murray. Are you the sheriff?"

"I am."

"You can't hold me, I'm a Canadian."

"According to what I'm told, you're being charged with fraud and embezzlement. You sold lightning rods and copper ground cable to a number of people, and then you ran off with their money. How do you explain that?"

"Ah, hell! I was going to deliver it all in the spring."

"I'm told you promised 30 day delivery last summer. I guess you're going to be a keeper until the court convenes in July."

Murray shouted in anguish, "My God! That's months away. You can't hold me until then."

"Unfortunately, the 3rd District Court, officiated by Judge Barnes, doesn't meet until then. The fall court session in Fargo is over so there is no bail available for you. Be thankful you're warm and being fed for free."

Turning to leave, Charley questioned Parker. "Who's feeding the prisoners?"

"The grub is coming from Winchester's Hotel. Jud is bringing it over himself."

"Good, but you be sure to count the eating hardware after each meal, and no booze for you, or them. No sleeping on the job either."

"Awe Charley, I know what to do. I've done it for years."

"Yes, but you know what happened to Pete Grant."

"I'm not as stupid as Bob. I wouldn't let myself get sucked in like that!"

Charley shook his head. He knew the low caliber of men he was forced to hire as part-time jail guards, because of the slim county budget.

Arriving at the county rooms a half hour before court was to convene, Charley began placing chairs.

Pembina CourthouseKneeshaw and Jud LaMoure were the first to arrive. Jud looked around the room critically. "Well, the new courthouse will sure be an improvement over this."

Kneeshaw began opening a cardboard file case, then said, "Trouble is, it won't be finished until next fall."

Charley said, "I believe we'll all be glad to move into new quarters. There will be private rooms on the ground floor for the county officials and a decent jail of two stories. That'll allow a means of separating the men and women."

"I've discussed the plans with the architect," Kneeshaw added. "The courtroom is to be 30 x 40, connected by two jury rooms."

"I'd better pick up LaRose at the jail." Charley consulted his watch. "It's nearing 10 o'clock. I'll have Bill sit alongside him."

As he was leaving the building, Captain Collins, Lieutenant Walker and Surgeon Appel arrived. After greeting them momentarily, Charley observed two sleighs drawing up near the door, others were already parked across the street. He noted members and neighbors of the LaRose family gathered together, apparently about to enter the building.

Promptly at 10 a.m. Coroner Kneeshaw called the court to order. Turning to the sheriff, he suggested, "It won't be necessary to swear in the jury again, just the witnesses."

In a low tone he added, "Call the Doctor to the witness chair."

“Will Doctor Appel please come forward."

After being sworn in by the sheriff, the coroner asked, "How would it be possible to conceal a poison such as strychnine from detection?"

Doctor Appel related his discussion with the sheriff as to the bitter quality of the poison, and of the similar bitter taste of quinine. He concluded, "Deputy Moorhead told me he searched the LaRose home diligently and found no trace of the quinine and Dovers powders. He did find a quantity of strychnine in an outside entry. Apparently it was to be used for poisoning wolves and coyotes. He has that container in his possession I understand."

Kneeshaw looked grimly at the jury. "Let it be known that there was strychnine on the premises." Turning to the doctor, he asked, "What are the symptoms of strychnine poisoning?"

"Severe cramping and repeated convulsions until death occurs."

"Are there any witnesses who attended her demise?"

"Yes sir. I understand the sheriff has found relatives who witnessed her death."

"Dr. Appel, you may step down."

Kneeshaw beckoned to Charley, to whisper, "Who's next?"

"I'd suggest Mrs. LaRose's daughter. She was present at her mother's death."

"Miss LaRose, will you please come forward and be sworn in?"

"You were present at your mother's death?"

The girl held a handkerchief which she clenched nervously, "Yes sir."

"Please relax. Tell the jury exactly what happened."

"Mother became sick after supper and began having cramps. Then they became like seizures, but she said they didn't hurt much. They kept getting worse and worse until she just curled up and died."

"After she became sick, how long was it until her death?"

Tears began to stream down the girl's face and she wiped her eyes futilely, "About an hour and a half."

"Did your Father send for Doctor Appel?"

"No, he said it was no use; the doctor was too far away."

"Did he ever hurt your Mother, abuse her in any way?"

The girl looked frightened as she locked eyes with her father.

"Please look at the jury," Kneeshaw instructed. "Now tell them if your Father ever abused your Mother."

Miss Larose seemed to suddenly gain courage, She stiffened up, defiant. "He struck Mother at times, without any reason. He even kicked her." She thrust her face into her handkerchief, and for moments the courtroom was totally silent. Lifting her head she seemed to gain a final strength, "He usually did it when he was drinking."

Kneeshaw could elicit no more information from the girl so she was excused. She was obviously terrified of her father.

Further witnesses, the son, sister-in-law and two neighbors who were present at her death were questioned. Each substantiated the brutal treatment that LaRose administered to his wife. Nearly all, including two neighbors, recalled the convulsions, which occurred before she died.

The inquest continued for the remainder of the week and on Friday, the jury, after being secluded for several hours, brought in a verdict to the effect that the deceased had died from strychnine poisoning by, or at the instigation of her husband.

At LaRose's request, the preliminary investigation was adjourned until March 9, at 9:00 o'clock, a.m. at which time further evidence would be elicited, pro and con. He informed them that he would have an attorney at that time.

Charley knew the investigation would be a formality, for nearly all the damaging evidence had been presented. It was the very next day when a fight broke out in front of Alex McLennen's Hotel that Charley became involved with a third prisoner who had a murderous reputation.