had withdrawn from the case, and Tucson knew that Mrs. Handy was unable to get counsel. It was a shameful situation, this terrorism of a whole town, and a Western town at that, by one man.
But there was reason for the fear. Handy was a powerful man physically, and a quick, sure shot. Besides, he had "influence." It was no light thing to defy this man, as Heney's experience showed.
For Heney took Mrs. Handy's case. All sorts of men came to him to beg him not to go on. A committee of leading citizens called and presented a formal protest and warning. Heney listened for a while, then he said:
"All right, get her another lawyer and I will get out of the case."
That was impossible, they said.
"Then," said Heney, "I will try the case or I'll take down my shingle. I would rather be dead than have it said that a woman couldn't be defended in a civil suit in a town where I was practicing law."
Before the trial was begun the U. S. Attorney called on Heney.
"I don't want to alarm you, Frank," he said, "but Bob Paul (the U. S. Marshal), who is a friend of Handy's, told me to warn you that the Doctor has employed McClarty (a gun man) to help him. McClarty is to hang around the court room. If you make a break Handy will shoot you and McClarty will look after Ben."
Arrangements to Kill Heney
The trial was to be held behind closed doors, and when Heney came to court, there stood McClarty on guard.
"Hello, Mac," said Heney, and he ran his hands down the fellow's back; he felt his gun.
Frank sent word downstairs to Ben, who hurried up into court, and Frank put Handy on the stand.
"Doctor," he said, "do you know McClarty?"
"I do."
"Is he in your employ now?"
"He is."
"Is he standing outside those swing doors listening to what I am saying?"
"I guess he is. That's what I told him to do." And reaching back into his pocket, Handy half drew his revolver. "McClarty is there to look after your brother," he added. "I will take care of you."
At the conclusion of every session Handy waited outside for Heney and, with his friends about him, muttered insulting things. One day he threatened the judge himself in the street; but he didn't shoot. His fixed idea was not to shoot Heney first, but to incite him to draw his gun. Then the Doctor said he would take the weapon away and kill him in "self-defense." "I'll kill the —— with his own gun," was the way he put it.
With McClarty to attend him at court. Handy hired one Hank Hewitt, another gun fighter who had killed several men, to drive about with him in his buggy and "hold his horse." Thus supported, he studied the habits of Heney. He knew when and where he went for meals, and on business and evenings, and everywhere Heney went there Handy met him. And always Handy insulted him. He would drive along the street and, to Heney on the sidewalk, call out epithets, "fighting names." "One name that he called me every day I had never in my life permitted any man to call me," Heney says. "I took it then; I took it every day."
Learning What Fear Is
Mrs. Handy needed counsel, and Heney made up his mind not to fight till her case was ended.
The strain was terrific. Ben Heney, who knew all about it, urged his brother to shoot. Frank had his gun ready; he had filed off the trigger to enable him to draw it quickly, and he kept in practice, but Ben feared that Handy might catch his brother off his guard and shoot him like a dog. And Frank says himself that he was afraid of
