It took twenty tiring minutes to gain the shadows cast by El Vaca and finally Josephine found the anchor rope. Unfortunately it was on the beach side, but as she climbed, a floating cloud suddenly covered the moon. She hoisted herself over the rail and crawled to the opposite side of the ship and then the length of the ship to the stern. Slipping down the stairs, she avoided several sailors who were loading muskets.

A yell from above sent all of the men from the powder room to the deck. Josephine grabbed a powder cask and carried it to the bow. Returning, she made several trips and placed casks throughout the lower deck and five below the main mast.

Taking another cask, she punched a hole in it and laid trails of powder to each of the charges. Finally, she took a powderhorn from a nail in the room and laid a trail up the stairs. She stopped at the Captain’s quarters and found a new cigar and lit it with the flame from a lit hurricane lantern. She gagged as she accidentally inhaled. Damn nasty habit, she thought.

Just as she reached the stop of the stairs, musket fire rang out from the beach and was returned from those on the ship. She continued laying the powder as several sailors started to raise the main sail. She puffed on the cigar until the cherry glowed red, laid it on the trail and then dove into the sea, barely making a splash.

Josephine started swimming before her head broke the surface and covered the distance to the boulders quickly. Pulling on her boots, she started to run to her horse when she heard Montoya yell, "They’re getting away."

"I wouldn’t say that, Colonel," she yelled, as she stepped into sight and waved. When Tessa and Elena waved back, Josephine ran to her horse, mounted and raced away.

She made record time back to the Alvarado hacienda and by the time she arrived, her long, black hair and clothes were almost dry. She quickly found the secret room and changed into a robe and then ran up stairs, colliding with Marta at the top of the stairs.

"Mask," said Marta.

"Mask?" asked Josephine.

"You forgot to take it off."

"Oops," said Josephine with an embarrassed grin.

As Tessa led the riders, the sound of several horses alerted her. To the right, she was able to make out Colonel Montoya and several soldiers headed toward them.

"Señorita Alvarado," said Montoya, as he halted his men. "You are interfering with the Military Governor."

"Colonel Montoya, this happens to be my land and we are in pursuit of cattle rustlers, since your Captain Grisham hasn’t been able to locate them."

"He has led patrols every day looking for them," replied Montoya.

"Then, pray tell, how is it that he was on the beach with them not two hours ago. He is now leading those rustlers."

"Impossible. Grisham isn’t that stupid," said Montoya.

"Want to put a wager on that?" asked Elena.

"What did you have in mind?" asked Montoya.

"If we find Captain Grisham with the rustlers, you will stop your plans to move against my uncle," replied Tessa.

"If I don’t agree?"

"Colonel, how many men do you have?" asked Juan Pablo.

Several rustlers, including Grisham, found a game trail and escaped the slaughter.

Grisham, and five of his men and three of Barko’s, raced to the beach. Behind them rode Tessa and Juan Rafael and their vaqueros. Alerted, Bakro and his remaining sailors started firing at the avengers. Three vaqueros went down, as well as two of the rustlers.

Bakro took cover behind a skiff and fired at the attackers as Grisham dove behind the boat.

"It was a trap. We were caught in a crossfire," yelled Grisham.

"So, you decided to lead them here? You are stupid, Captain," said Barko, as he rapped Grisham over the head with a pistol butt.

Barko motioned to two sailors to come over to him.

"I knew he would fail. Throw him into the pit we already dug for him," Barko ordered.

The sailors threw Grisham into the pit and pushed the sand over him until only his head could be seen. Surf raced up the beach from the sea but stopped four feet from the American. Grisham opened his eyes.

"You betrayed me, Grisham. Now, you will pay," laughed Barko as he and the sailors pushed the skiff into the sea and started rowing. The attackers raced to the beach and started shooting.

Barko and his men reached the ship as the men on board raised sails and the ship started moving.

"They’re getting away," yelled Montoya, as he realized that the ship was out of musket range.

"I wouldn’t say that, Colonel," yelled a woman’s voice from the rocks down the beach.

Montoya saw a very wet Queen of Swords stand on the rocks and wave. Tessa and Elena waved back.

"I think we had better take cover, Colonel," said Tessa, just as a large explosion ripped the night apart.

Multiple secondary explosions pulverized the ship, and debris flew through the air and crashed onto the beach.

"What the hell?" asked Montoya.

"The Queen must have delivered a surprise to the raiders and lit the fuse while we were attacking. I am just glad the cattle were not on board," said Juan Pablo.

"Those cattle will be impounded," said Montoya. "Until the rightful owners are found."

"I am the rightful owner as the brands on the vacas will attest," replied Juan Pablo.

Montoya looked at Juan Pablo as he walked.

"No one-legged half-man can threaten a military governor," said Montoya, as he pulled out his rapier and attacked.

Suddenly, Juan Pablo pulled a rapier from his cane and blocked Montoya’s sword. Metal struck metal several times.

Montoya suddenly backed away.

"It seems I may have misjudged you Señor Vallejo," said Montoya. "The cattle are yours."

"And Juan Rafael’s hacienda?" asked Juan Pablo.

"I believe that the agreement was if Captain Grisham was found with the rustlers. I don’t see him anywhere," said Montoya.

"Salve, salve," came a muffled voice.

Vaqueros raced over the top of a pile of wreckage. Underneath a section of rowboat was the head of Marcus Grisham.

"Leave him," said Montoya as he walked away from Grisham. "He is an abigeo."

"No," said Tessa. "I will not leave any human being to die like that. I wouldn’t even leave you like that."

Montoya gave her a surprised look. "Señorita Alvarado," he said.

Suddenly, the cattle, which had become agitated from the explosions, broke down one side of the corral and started to stampede towards them.

"Estampida," yelled a vaquero.

Several men took off there serapes and waved them at the cattle.

Tessa started digging in the wet sand around Grisham’s head.

"Mi salve," she yelled, as two more vaqueros grabbed pieces of shattered boards that had dropped on the beach and started digging. The wet sand was unforgiving and refused to give up its captive.

Roman was finally able to get his hands under Grisham’s armpits and yanked. There was a loud sucking sound, and then a pop, as Grisham exploded from the wet sand, minus his shoes and pants, leaving him only in his long johns. In a minute there was no sign that anyone had been buried there.

The vaqueros had been successful in turning the herd and the cattle stood, bellowing. Montoya motioned to his soldiers.

"Marcus Grisham, you are under arrest for robo de ganado," said Montoya, as he mounted his horse.

"Make him walk back to the Pueblo," grinned Montoya. " Your Court Martial will be tomorrow."

A few hours later, Tessa paced around the parlor.

"Tessa, will you please sit down," said Marta. "You are making me dizzy."

"What are you going to do?" asked Elena.

"I don’t know," replied Tessa. "I should break him out of jail, but he is guilty. I break innocent men out of jail, not the ones who belong there."

"So, what is the problem," asked Josephine.

"Montoya will probably hang him and I can’t let that happen."

"What do you plan on doing? Have the Queen of Swords show up at the Court Martial?" asked Marta.

Tessa slumped down into a chair. A gleam flashed in her eyes. "I have an idea," she said, with a big grin.

Montoya sat in a high-backed chair with red velvet cushions. His dress uniform, complete with gold shoulder boards and matching piping on the lapels told everyone that this was a momentous occasion. His sheathed sword, in a polished, white scabbard, lay on the table in front of him. Two soldiers stood at attention, just behind and one on each side of the chair, muskets slung over their right shoulders.

Six soldiers, with Grisham in the middle, marched to the podium and halted. The squad leader saluted Montoya and stepped aside. Grisham, with his hands manacled but wearing a clean uniform approached the table.

"Marcus Grisham, you are accused of being a cattle rustler and were caught in the presence of a known cattle thief. How do you plead?" asked Montoya.

"Not guilty," replied Grisham.

"Who is the counsel for the defense?" asked Montoya.

"I am," replied Tessa, as she came forward wearing a long, pale-blue skirt and a collared, three-quarter sleeved, pale-yellow blouse. Her hair was coiled in a French braid curled on top of her head.

"Very well, Señorita. You are acknowledged as the defendant's legal counsel," said Montoya.

Tessa and Grisham sat at a small table in front of the judge’s table. Don Hidalgo sat at the other table as prosecutor.

Gaspar stood up. "I will show that Marcus Grisham, Captain of the Guards of Santa Elena, did knowingly consort with the Captain of a ship known to be involved in robo de ganado. Furthermore, I will show that Captain Grisham led several soldiers under his command in the attempted theft of cattle and were caught as they fled a trap, brilliantly concocted by the defense counsel, Señorita Alvarado," he said, as a gasp came from the crowd. "I intend to ask, if convicted of abigeato, that Captain Grisham be stripped of his office, cashiered from the service of the King and hung as a common thief."

A sob was heard from the crowd. Gaspar looked at the crowd but was unable to see the person who had sobbed, as Vera, standing in the back of the observers, had fainted.

"Señorita Alvarado, your opening comments, please," said Montoya.

"Colonel Montoya, I will show that Captain Grisham is innocent of the charges. As Captain of the Guard, I will show how Captain Grisham did discover the aforementioned ship while on patrol. He contacted the Captain of the ship and determined that they had landed for repairs. Later, when he checked up on the ship, the Ship’s Captain had asked for help in rounding up some of the cargo that had escaped. The cargo was one hundred and fifty head of cattle. Believing that he was offering legitimate assistance, Grisham led his men, who were off duty, and attempted to recapture the herd. The ship’s personnel were indeed cattle thieves, unbeknownst to Captain Grisham. When the vaqueros of the Alvarado-Elizandro haciendas sprung a trap on the cattle rustlers, Captain Grisham thought thieves were actually attacking him and he was outnumbered. He and the men with him fled to the safety of the ship and the captain of El Vaca attacked him and buried him up to his neck in the sand. I intend to show that Marcus Grisham is guilty of showing compassion in helping some stranded sailors,and was lied to, conned and betrayed by these pirates. There are no survivors of the ship's crew, so there is no one who can accuse him of being in cahoots with the bandits. Captain Grisham is not a cuatrero," she said and with a sudden turn, which caused her skirt to flare, sat down. She stood back up.

"Colonel Montoya, I wish to request that Captain Grisham be found guilty of being conned. I offer that he be reprimanded for not advising his Commanding Officer of the situation. The consequence would be for you to turn him over to my custody, as it was my herd that was being stolen, for a period of one month. He will be subject to my orders for that period of time and then be returned to duty at his current rank," she said with a serious look, and sat down again.

Grisham jumped up with a shocked expression on his face.

"No! I object," he said. "Don’t send me to Señorita Alvarado’s. I would rather hang."

"That is very interesting, Captain. Do you fear what the Señorita would do to you?" asked Montoya.

"It’s not her. It’s that gypsy witch and her boyfriend."

Grisham barely got the words out of his mouth when a huge hand reached around Grisham and grabbed him by the throat, and he was lifted two feet off of the ground.

"Señor Petroff, this court has not decided whether or not to hang Captain Grisham. Please release him," demanded Montoya, standing up.

"He insulted my soon-to-be wife," growled Roman.

"That may be, but hanging him is a legal affair, not a personal one," replied Montoya.

"He will apologize," said Roman, as Marta put her hand on Roman’s arm.

"Ah polog," gasped Grisham.

Roman set him down.

Laughter from Elena caused everyone to look as they saw a rather large wet circle on Grisham’s white uniform pants.

"Thank you, Señor Petroff. Now, may we conclude the trial?" snickered Montoya.

Montoya sat down and contemplated Tessa’s presentation and leaned back in his chair with his hands pressed together, thumbs under his chin and fingers covering his nose. After a few minutes, he motioned to the two counsels to approach.

"My congratulations to both of you. You have both brought up some very interesting points. If Grisham is convicted, I lose a Captain of the Guard permanently, and a loss of respect for my authority. If I accept Señorita Alvarado’s recommendation, and accept that Grisham was just plain stupid in his humanitarian attempt, I will only lose him for a month and gain the respect of the populace for being a fair man," he said.

"Please return to your places."

Montoya stood up and tugged on the bottom of his uniform blouse.

"Taking both the Prosecution and Defense counsels' comments into consideration, I have decided to accept a guilty plea of stupidity on behalf of Captain Grisham. He will be relieved of duty for one month and placed in the hands of Señorita Alvarado for whatever duties she may decide. He will also be fined one month's salary."

The crowd started to applaud.

"Señorita Alvarado, just what kind of duty do you have planned for Grisham?" asked Montoya.

"Actually, Colonel, I am going to put him under the jurisdiction of Don Juan Pablo Vallejo. Don Vallejo needs help in driving his herd back to his own hacienda. Captain Grisham will be riding drag, I believe they call it, as long as it takes to get from here to the Vallejo hacienda," replied Tessa.

Suddenly, there was a commotion and Tessa turned to see Elena collapse on the ground. Montoya looked up to see a black-dressed figure on horseback riding away from the Pueblo, then turned his attention to the matter at hand. Doctor Helm rushed over to Elena and helped Juan Pablo pick her up and carry her to the Doctor’s office.

As Elena was being taken away, Montoya walked over to Grisham, who had just been relieved of the manacles.

"You are lucky, Grisham. Señorita Alvarado put on a very plausible defense. Don’t think for a minute that I believed one single word of it," said Montoya. "I am really impressed with her skills, as you should be."

"But, Colonel--"

"No buts, Captain. I really thought you would hang today. Maybe another time, and for your sake, there had better never be another time," said Montoya, as he headed for Helm’s office. "I would also refrain from making Señor Petroff angry," Montoya said over his shoulder.

Continue to Part Seven

If you have missed any episodes so far, you will find them in the Season Three Archives section .