Chapter 5 - Prince Frederick's Town

[jemmus]

It's around 10:00 AM on Friday, June 19, 1873. It's been a long morning already. Andreas failed his Strength roll after last night's long ride. He's at -2 for all attributes except Luck and Stature. He needs 7 hours of uninterrupted rest to get back to full. Doos and DT succeeded. I don't think we ever got William's roll.

Nice legal arguments by Judge Doos! If he'd like, William can try to supplement them, either through RP or rolls on Law.

The magistrates confer with each other in German, consult their dictionaries, and confer with each other. Interspersed with the German are various "ja" and "Ist richtig" are English words such as "complaint," "ownership," "defendant," "evidence," "filing" and "probable." Upon further interaction, the men seem to be as much Texas ranchers, church deacons, and fathers of children with children of their own as town magistrates. One says, For that, sir, you would need a hearing with the judge of Gillespie County. That vill take some time. The Vells Fargo Stage Coach company has claimed the money, so and you vould be submitting a civil complaint for ownership of it. For that, the defendant-- Vells Fargo-- must be given the chance to prepare a defense. He looks at the other magistrate, and the man looks back in agreement. He says,Mr. Doos, I vill say something to you not as a town magistrate, but as a fellow citizen. Vells Fargo is a national company, vith not only stage coach operations, but ownership of banks. It is probable that they vould bring a most skilled lawyer from Houston or Austin. Zey would not vant a loss in court to be read in the newspapers. Ve of course have not heard your complaint and argument yet, Mr. Doos. But ve believe you may be looking at a lawyer wearing fancy pants in this little town's court.

The two Fredericksburg magistrates resume their regular upright official county jurisprudence postures. If you vould like to proceed with your complaint, a court fee of $4.50 is to be paid by the plaintiff. Unless the plaintiff can show evidence of... having no money vith vhich to pay ze fee. The other magistrate says, Evidence of impecunity.

DT's pick of the half-grown pups warms up to him, as do all of the dogs. But his favorite becomes a soon real devoted dog friend who looks him in the eyes and follows him around.

Circling back before we wander too far off, DT raised some issues in post #74 that weren't addressed. Housing, stabling horses, sale of horses, sale of guns, and the dogs. All valid concerns for moving time (the game) forward.
Doos needs 7 weeks to completely heal up. DT needs two. Until then, both are shooting with penalties, as well as having Health closer to hitting 0 (unconsciousness) if wounded.

[Rex]

Charlie

"If you will have me I will gladly join you. I am not bad with the rifle or knife, but no expert either."

[ateno]

Magistrates "Well I was hoping to have it decided now, perhaps i van prepare a brief and ask them to decide out of court. I will reurn to file, if needed. See me tonight and i will buy you both a few biers for yiur trouble. "

To the gang.
"Whats your opinions? Should we ask for a payout or go to court?

Doos

[cybersavant]

Andreas Larson "Court ist your field, nich mein. I am too tired to tink straight. I vill meet up mit you tomorrow?"

[Thumper]

DT holds out his hand to Charlie:
”Darwin Travis Crockett. Friends call me DT. I’m a Medical Doctor. If the others agree, I’ll be proud to have ya.”

Magistrates "Well I was hoping to have it decided now, perhaps i van prepare a brief and ask them to decide out of court. I will reurn to file, if needed. See me tonight and i will buy you both a few biers for yiur trouble. "

To the gang.
"Whats your opinions? Should we ask for a payout or go to court?

Doos

”Well, I think personal effects, especially likely items of sentimental value should go back the former owners. Certainly, Wells Fargo wants to recover their costs due to indemnification losses. However, I suppose a good portion of that cash was raised through rustling activities rather than robberies. That certainly should be ours with no rightful claim by Wells Fargo.

And I think you made a terrific case for why the rest should be ours. I’d have to defer to William for verification of the legal sufficiency of the argument. But having faith that your legal analysis is correct, I suspect Wells Fargo will pay at least a portion of the cash if you present them with a written brief asserting our rights and mention a willingness to file with the county if not satisfied. Or, do you think we should file first then approach Nimitz for a potential out of court settlement?

I suspect the only public trial Wells Fargo is interested in hitting the newspapers is a criminal trial of the robbers. They want to restore public confidence in the route’s safety and quickly restore Wells Fargo’s good reputation. Restoring their customers’ personal effects will be one way they heal their reputation.

My guess is, they will want some of the cash and all the personal effects, but they will settle with us. I say we present your brief then negotiate on settlement terms. Remember, we should be able to trade our claim on valuable personal effects for a greater share of cash.

Doos, I’ll be healed up in a week. But, while I’m still injured, I should take a supporting role in the investigation. I’m thinking you should stay focused on settling our claim. Perhaps William should aid you in that effort while Gidean, Andreas, Charlie, and I begin investigating. See where that might lead. But let’s get the contract with Nimitz settled today and get some rest. We can start looking into the fifth robbery tomorrow morning while you and William present your brief tomorrow and start negotiating.

What do y’all think?

According to RAW (pg 84 Right Column Second Paragraph), "all light wounds are healed after one week" (2pts per week PER LIGHT WOUND). DT has 6 days to go with wound penalties, right?

And correct me if I'm wrong, but does Doos have 1 serious wound at 4 points and another serious wound at 3 points? Therefore, wouldn't Doos recover 1 point PER SERIOUS WOUND per week, so 4 weeks to fully recover (3 weeks to only have 1 penalty remaining)? Both were successfully treated.

[Rex]

Charlie

"Thanks and nice to meet you DT." Charlie grasps his hand and gives it a firm shake.

[Thumper]

DT will turn to the others and say:
"If Charlie is going to ride with us, his horse won't keep with everybody else's on a hard or long ride. Would we like to give him the opportunity to ride the last Excellent horse retrieved from the Shepherd gang? A trade in for the horse he currently rides?

And speaking of that, did y'all decide on selling our horses to Wells Fargo or someone else in town, or take them to Austin? Same question for the weapons. I vote we sell them here if we can get closer to half-market value for them. That would free up our logistics burden."

[Rex]

Charlie

Charlie's horse Pict is a pretty good horse actually. Is the extra one you have better?

Pict
Horse
Pinto
Mare
Strength 17
Coordination 16
Intelligence 6
Luck 5

[ateno]

According to RAW (pg 84 Right Column Second Paragraph), "all light wounds are healed after one week" (2pts per week PER LIGHT WOUND). DT has 6 days to go with wound penalties, right?

And correct me if I'm wrong, but does Doos have 1 serious wound at 4 points and another serious wound at 3 points? Therefore, wouldn't Doos recover 1 point PER SERIOUS WOUND per week, so 4 weeks to fully recover (3 weeks to only have 1 penalty remaining)? Both were successfully treated.

Doos has serious to the abd and serious to L arm.

Doos greats Charlie heartily.

Doos

[Thumper]

Charlie

Charlie's horse Pict is a pretty good horse actually. Is the extra one you have better?

Pict
Horse
Pinto
Mare
Strength 17
Coordination 16
Intelligence 6
Luck 5

[Thumper]

Charlie

Charlie's horse Pict is a pretty good horse actually. Is the extra one you have better?

Pict
Horse
Pinto
Mare
Strength 17
Coordination 16
Intelligence 6
Luck 5

All the other PCs have excellent horses, which mean Strength 21-25. That means they are faster in a sprint and on long range “Strategic Movenent” (see pg 98 Table 33). They also travel farther per day.

The party has one more previously rustled Excellent horse we were going to sell. DT is suggesting to the party to offer it to you…if you want it.

[ateno]

After meeting with the magistrates, Doos would like to make a appointment with William Nimitz of Wells Fargo:

He hands him the motion I gave the Magistrate and allow him to read it first.

Good day, Nimitiz,

I appreciate you taking the time to meet with me today. I won’t take up much of your time, but I’d like to discuss the current situation regarding the recovered goods, and see if we might be able to come to an arrangement that avoids the cost and delays of a full trial.

First, let me acknowledge that I understand Wells Fargo’s position. You are a reputable institution, and I fully recognize that protecting your assets and interests is of the utmost importance. However, after careful consideration of the current circumstances, I believe there may be a more expedient and cost-effective solution than continuing with the trial.

1. The Cost of Litigation
The first issue I’d like to bring up is the expense that a full trial would entail. As I’m sure you’re aware, hiring legal representation from the East—particularly from firms accustomed to handling high-profile cases—can easily run into significant sums. The legal fees, the travel expenses for out-of-state attorneys, and the time spent on pre-trial motions, depositions, and the trial itself could add up to a substantial sum.

From my experience and the information I’ve gathered, you’re looking at expenses that could easily exceed $150.00, even before factoring in any potential appeals or post-trial motions.

2. Reputation and Publicity
In addition to the direct financial costs, there’s the matter of public perception. This case has already garnered some attention, and a prolonged legal battle could attract even more. Negative publicity around this issue could affect Wells Fargo’s reputation, especially if the case drags out in the public eye. We’ve seen how lengthy, high-profile cases can lead to negative press and unwanted attention.

A settlement, on the other hand, would allow both of us to avoid the spotlight of a drawn-out trial, preserving the integrity and image of your institution.

3. Time and Focus
Moreover, the time investment required for a full trial can be significant. If this case proceeds to trial, both your team and mine will need to divert resources—time, attention, and personnel—away from other priorities. I would venture to say that the hours spent on depositions, discovery, and courtroom preparation could be better spent elsewhere, especially for a company as large and important as Wells Fargo.

An out-of-court settlement, on the other hand, could resolve this matter quickly, without further time being lost to legal proceedings.

4. Fair Resolution
Finally, I believe an amicable, out-of-court resolution can result in a fair outcome for both parties. My client is not seeking to make a profit from this incident but simply to be compensated for the recovery efforts and the time invested. We are open to a reasonable offer that acknowledges the value of the goods and the circumstances of their recovery.

By settling this matter now, we avoid further litigation, legal fees, and reputational risk—while also maintaining a professional, respectful relationship.

I understand that Wells Fargo has a right to protect its interests, and I’m fully committed to ensuring that we come to a resolution that serves those interests while also allowing us to avoid a protracted and expensive trial.

Closing Offer
To make this as simple as possible, I’d like to propose that we settle for $270.00. I believe this is a fair sum, one that reflects the value of the goods recovered and the circumstances surrounding the case.

And remember we made no argument involving the costly items that were stolen, we trust Wells Fargo to return them thusly.

I’m confident that this offer represents a much more cost-effective solution than the expenses and publicity that would come from continuing with a full trial.

Thank you for considering this proposal. I’m happy to discuss the specifics further, and I hope we can come to a mutually beneficial resolution. I look forward to hearing your thoughts or a counter offer.

Doos

Spending time on this in hopes of a payout for us.

[ateno]

Horse of Doos that was picked out from what was captured.

GM I rolled once again to have a Excellent horse result and got lucky:

Name: TBD

Horse type [1d20]=2
Appaloosa Mare

Horse str [2d10+5]=20+5=25 Coord [2d20+2]=19+2=21 Int[2d10]=11 /2 Luck [1d10]=7

Str 25
Cood 11
Int 5
Luck 7

Skill [1d20]=20 1[1d20]=9 [1d20]=12 [1d20]=5 [1d20]=8
Skills: Gun

Tricks [1d20]=6 [1d20]=10 [1d20]=6

2 tricks:
Come to Whistle
Take cover


traits [1d6]=2
No traits

[jemmus]

That's a nice horse! I see that you rolled for attributes twice, which was appropriate because the first roll had the horse at Strength 17 and below Excellent level. If you still have your old horse's stats, please post them in the OOC thread. If Charlie chooses to upgrade, the horse will be one of his choices.

[jemmus]

Nimitz replies, I'm no lawyer, but I'll admit those do seem like well-reasoned legal arguments, Mr. Doos. As for the expense of legal proceedings, I believe the company could keep those at a reasonable level. There's an excellent attorney in Austin whom we may be able to retain. He is a former county judge, and the son of the former Republic of Texas President Sam Houston. Though he doesn't like to advertise that. Incidentally, he's a crack shot as well.

As for negative publicity, the Wells Fargo Stage Coach Company has faced that before, and in this business on the edges of the frontier, ve'll no doubt face it again. But ve do have gratitude to you and your associates, and ve vish to remain amicable vith you for future joint enterprises. $270, you say? Almost half of the total value of the monetary items. And the company vill of course keep the customers' person items to return to them. I vill vire to Austin for a decision. It may be tomorrow before ve have a decision.

Another great and persuasive one, I'd say! That, and other topics for discussion, organization and planning are posted in the OOC Discussion thread. You guys might want to take advantage of it while it's there. Boot Hill and the Old West world aren't very forgiving....

[ateno]

Nimitz replies, I'm no lawyer, but I'll admit those do seem like well-reasoned legal arguments, Mr. Doos. As for the expense of legal proceedings, I believe the company could keep those at a reasonable level. There's an excellent attorney in Austin whom we may be able to retain. He is a former county judge, and the son of the former Republic of Texas President Sam Houston. Though he doesn't like to advertise that. Incidentally, he's a crack shot as well.

"Full disclosure, I talked with him and worked with him a short time ago. And I promise not to race you to the wire to hire his services for me instead. Ha. Well I am going to head back to the hotel and read a current paper. Tomorrow will be fine."

Doos

[Rex]

Charlie

Charlie's horse Pict is a pretty good horse actually. Is the extra one you have better?

Pict
Horse
Pinto
Mare
Strength 17
Coordination 16
Intelligence 6
Luck 5

All the other PCs have excellent horses, which mean Strength 21-25. That means they are faster in a sprint and on long range “Strategic Movenent” (see pg 98 Table 33). They also travel farther per day.

The party has one more previously rustled Excellent horse we were going to sell. DT is suggesting to the party to offer it to you…if you want it.

Thanks, he will upgrade then if everyone is fine with it.

[Thumper]

f) DT proposed selling the horses and guns in Frederickburg at a presumably lower rate than in Austin. Austin is around a 65-75 miles ride along the (presumably now peaceful) Austin-Frederickburg highway. Y'all can do the math for the hours that would be required for the ride. Comments/decision needed.

Looks like DT gets to make an executive decision on these items…no other inputs given though others have posted. Tacit agreement?

Yes lets do that

Then, DT will check in, ask for a bath and a shave. Barbers like to talk and DT will be interested to hear how Fredricksburg negotiated a treaty with the Comanche, and how they honor it? Nobody else has succeeded in treating long-term with the Comanche.

At the hotel, he’ll get a good supper (Jaeger Schnitzel mit kartoffel salat und rotkohl) and a good lager, then offer to go help sell horses and guns with Gidean. He figures his skill in Ride and Rifle and pistol might help get a better than average local deal. He’d first ask Nimitz if he needs replacement horses for Wells Fargo.

He’d also buy 6 cigars for this evening.

The rest of the afternoon he’ll spend relaxing and resting, reading an English paper, and training and trying to bond with his dog. Maybe a dunkel bier and pilsner or two along with passing out a cigar to each with his friends before settling in for the evening. He’ll plan to go to bed when the sun sets.

If Charlie needs a dollar or two to stay at the same hotel, DT would offer it as a gift.

[ateno]

"D.T., I will join you. I don't suppose they have Bock here? Ha, but Dunkel will be fine."

Doos

[Thumper]

Over beers and cigar on the porch of the hotel that evening, DT takes to calling his dog “Yeller”…he’s making fun of William’s occasional Boston accent and the omission of “Rs” where they belong and the addition of them where they don’t.