"Lieutenant if you want to catch that suspect we’re gonna have to stop. Your animals have been pushed too hard and need rest," explains Ruben.
"I’m not stopping!" barks Thames.
"He’s right Sir. These horses we’re on need rest," states Glenn.
"Not only that Thames, but if we keep riding after dark all that boy we’re chasing has to do is get off the road and when we ride up we’ll be sitting ducks," warns Neal.
"Neal’s right Sir," agrees Glenn.
"But he’s gonna get away," gripes Thames.
"If we use our heads Sir, we’ll catch him," assures Ruben.
"Oh aw’right, we’ll find a place and camp, but we need to be leaving before first light in the morning," instructs Lieutenant Thames.
After another quarter mile ride, the four men find a place to camp for the night. Glenn gathers wood for a fire and Neal tends to the horses. When Neal has watered the animals in a nearby stream, he puts feedbags on Outlaw and Little Mama. When his horses have finished, he then uses his bags to feed the other two horses that belong to Red Taylor.
"My grain won’t last long with four horses to keep up," states Neal, as he walks back to the fire where he finds Ruben cooking hoecakes.
"We can get some more tomorrow when we get to Columbus," suggests Ruben, as he turns the hoecake over.
"I never thought I’d be chasing a Reb with Rebs," declares the Lieutenant.
"It ain’t so bad Sir," grins Glenn. "We could be doing it alone."
"Yeah, we could be chasing no one if it were not for that crazy Reb," replies Lieutenant Thames in disgust.
The two Union soldiers bite into the hoecake with hearty appetites. Smiling, Neal asks, "What’s the matter Little Brother? You ain’t eatin’ your own cookin."
"I’m a-working on it. You remember this ain’t my favorite food," reminds Ruben with a grin.
It’s not long after the dishes have been put away that they see the Lieutenant is sound asleep and Neal takes his pipe out, packs and lights it. Ruben gets a chew of tobacco while Glenn picks up a stick and starts whittling on it. All three of them have solemn expressions on their faces as they gaze into the fire and wonder what tomorrow will bring.
* * *
"Now I have papers here that accuse you of number one, murdering Sergeant Robert Jones, United States Army. Number two, stealing Sergeant Jones’s horse, and two other horses belonging to his companions, for the purpose of escaping the due process of law," informs Judge O’Meal. "Now, how do you plea?"
Gregory leans up to the bars of the cell and Murphy turns his ear to him. After a brief whispered statement from his legal advisor, Murphy drops his hands from the bars and stands as if he’s come to attention. Gregory steps back, and Murphy looking straight ahead, like he’s in formation, answers the Judge’s question, "Sir, to both charges, I plead not guilty."
"Not Guilty?" blurts out the District Attorney.
"That will be enough of that Mr. Smith. We’ll be having the trial tomorrow and examine the evidence, in front of a jury. It will be their decision as to the verdict," cautions Judge O’Meal.
"Yes Your Honor," replies Terrell Smith, in a subdued tone of voice.
"That’s all I needed to know," states the Judge, as he writes down the plea and hands it to Marshall Taylor, and then to Mr. Smith for their signatures as official witnesses. "I’ll see you in court Young Man," says the Judge, turning to leave the cellblock.
"I’ll be there Sir. I ain’t goin’ no place else," answers Murphy, as the Judge leaves, followed by everyone except Gregory.
"He’ll be fair Murphy, and with your witnesses, I feel really good about your case," reassures Gregory.
"I’m hoping you’re right," says Murphy. Then going over to his bed he stretches out and remarks, "Maybe it won’t be so hot tomorrow."
June 26, 1866-
Gregory is up early and at the courthouse by 7:00 a.m. He, along with District Attorney Smith, and Judge O’Meal, choose twelve of the twenty-four men in the pool, to serve as jurors. Two extra men are chosen for alternates.
Neal carries two trays to the jail for Murphy and Ruben’s breakfast. They are to be at the courthouse at 8:00 a.m.
Ruben is leading Murphy into the office when they are greeted with, "You boys better eat hearty! It’ll be a long time til dinner," advises Neal. Then closing the outer door, he walks into the jail and places the two trays of food on the desk.