Free Murder at Thumb Butte by James D. Best Page B

practice involved mostly fraud and property title cases resulting from the primitive legal institutions in the Arizona territory. He had defended numerous criminals for armed robbery, assault, and murder. He told me that he had lost all but two of these cases but got fair sentences for the remainder. Castle said he had a much better record on prosecuting civil fraud cases.
    “ Why did you win only two criminal cases?” I asked.
    “ Because generally, people who are arrested are guilty. If they go to trial, the attorney general has witnesses or hard evidence. In the case of your friend, he has both.”
    “ There are no witnesses to the murder.”
    “ There are reliable witnesses to assault and battery. The threats to kill the victim are quite damaging. A rifle with his name carved into the butt at the scene of the crime is hard evidence.”
    “ But his door—”
    He held up a hand to stop me. “Access to the weapon may have been available to others, but the rifle was owned by Sharp and last known in his possession. It puts the burden of proof on the defense, or at least the burden of building sufficient doubt. In addition, there were pine needles on the stairs leading to his room and stuck to the bottom of his boots.”
    I sat back. “I never heard that. What does it mean?”
    “ It means he may have been at Thumb Butte last night.”
    “ There are pine needles all over.”
    “ But none in the Palace saloon. Tell me, did Sharp have his clothes and boots cleaned while he took a bath?”
    “ We both did.” I was starting to worry. “Do you believe Sharp’s guilty?”
    “ I consider it unethical to say no to get a client, but the truth is … I don’t know.”
    “ But you know a lot about this case. How?”
    “ I ate breakfast with Constable Earp.” He sipped his coffee. “But he probably doesn’t know everything, so why don’t you tell me something I don’t know?”
    I hesitated. “Perhaps we should wait until after you talk to Jeff. I’d feel more comfortable sharing information if a formal attorney-client relationship were in place.”
    “ I won’t even bother to talk to Mr. Sharp unless you’re forthright with me. Now tell me everything.”
    I had already determined that Castle was a good attorney. He had me over a barrel. We needed him more than he needed another client. I decided to tell Castle almost everything. It would all become public knowledge soon anyway. I told him about Sharp and Campbell being partners in a New York City import business. I told him about Campbell’s despicable betrayal. I told all about Sharp’s mines and alluded to my own financial well-being. I told about the violent confrontations Sharp and I had in Nevada and Colorado. I didn’t tell him about the Edison Electric Light Company.
    When I finished, he picked up the two empty mugs and disappeared out the door. I didn’t want another cup of coffee, but I didn’t have a chance to say anything before he was gone. Besides, I suspected Castle used these errands to think.
    After he returned, he asked, “Did you, at any time, have an association with Elisha Campbell?”
    “ No. Why do you ask?’
    “ Campbell was a swindler who made enemies wherever he went. You’re both from New York City. You’re a violent man who settles scores with a gun. You knew about Sharp’s unlocked door, and you knew his name was carved in the stock of his Winchester.” His face remained completely blank. “Mr. Dancy, you had the best opportunity to frame your friend. I want to know if you had motive.”
    “ I never saw Elisha Campbell before he walked into the Palace last night.”
    “ I’ll accept that for now, but understand that if I take Mr. Sharp as a client, I will go anywhere the evidence leads me to get him acquitted.”
    I nodded. “Good, because I did not kill Campbell, nor did I frame my friend.”
    “ I certainly hope that’s the truth.” He picked up the brief he had been reading when I came in and waved it in