Bisbee.
As I was sitting in front of the office this morning, Ali and Gabe walked over and asked how I was doing.
“I’m alright... been thinking some things over when it comes to court and prosecuting...”
“Just the thing we come to talk to you about!” Ali smiled.
“With this deputy role and being a detective I’m debating whether I want to continue being a lawyer in Tombstone. I’ve been finding their last minute arrangements hard to work with. I need more time to prepare than a day or less than that.”
“We have two cases that need a Prosecutor in Diamond,” she told me.
“I would like to have Diamond court run like they did in tombstone, However, we are still looking to hire lawyers and judges.”
“Who are the cases for in Diamond? And for when?”
“The two cases we have now, I thought would be in Tombstone but the summons handed out said Diamond. I’m working on tomorrow morning at 11am. The defendants are Rikki and Sommer.”
“Do you have law/witness statements for either?”
“Yes Ma’am, I do.”
She handed me the reports and I looked over it and then said, “Perhaps it will be better being a lawyer in a smaller town... So it’s a combined trial?” I saw that Nim had signed as the arresting officer and said, “I don’t see a report from Nim...?”
“Yes Ma’am, it is. Is there another report that needs to be filed out?”
“Well I see that it’s signed by Nim as the arresting officer... But I don’t see a law report from her. Usually that’s included if the arrest was made. Unless Nim didn’t actually witness the event itself... Just usually helps having a lawman to question,” I winked.
“No, Nim wasn’t there.”
“Okay,” I nodded.
“She came when I rode into Tombstone looking for a doc. She heard me hollering as she came out of church. So then we are good on that report? One is not needed?”
“I guess not. Can work from your two reports.”
“I don’t know how law works with them reports... Ain’t nobody around to train them neither.”
“There a judge? And a DA? Count me down for prosecutor... It’s a bank robbery so it’ll be easy enough hopefully. Thanks guys,” I smiled.
“Miss Cora will be the defense attorney.”
“Alright.”
“Will be asking Miss Angi to judge.”
“Reckon I’ll get to work on this then,” I smiled. “You’ll both be there as witnesses?”
“I will be,” Ali nodded.
“I’m afraid I’ll be out of town tomorrow,” Gabe said.
“Well I’ve got your statement to read, Gabe, thanks for that.”
I looked down at the reports and said, “Oh right, Nim did write in the ‘description of crime’ so I can still question her. See, I’ve been out of the lawyer game for a bit.” I continued to read her statement:
Rikki and Sommer attempted to rob the Black Diamond Bank, a gunfight ensued in which the Mayor of Black Diamond was injured.
“I suspect Sommer will be saying that she was shot in cold blood. However, surely most folks round here can tell ya that neither gabe nor I just shoot folks without a good reason,” Ali told me.
“I know that to be true, yes,” I nodded.
“She can continue to say I shot her in cold blood all she likes, my guns weren’t even drawn.”
“If you have any questions, both gabe and I will be in the territory most the day,” Ali said.
“Just skimming over the statements quickly now while I’ve got you here,” I smiled and read over Ali’s report:
After coming out of the bakery, I thought perhaps i had seen the bank door open so i called gabe over to ask ifn it was. There was someone standing outside so gabe and i walked closer to the bank to take a look we seen it was Sommer standing outside, the bank door was closed. Sommer then drew her gun and told us to stay where we were and to put our hands up or she’s shoot. I then drew my guns, in fear for our lives and started to shoot towards Sommer. The bank door then opened and I seen Rikki inside with her guns drawn, still in fear for our lives i started shooting towards her. Told Rikki to come on out of the bank and she didn’t so i continued to shoot as she was shooting back out of the bank
“So did Rikki point her guns at you Ali?” I asked her, “Or did she just have the guns drawn in the bank? And you shot Sommer out of self defense from her threat towards Gabe. Seems clear enough.”
“When she the door open and I seen her, her guns were already drawn,” Ali said.
I nodded and continued to read Gabe’s statement:
Alicia and I were outside the bakery, talking, and Alicia thought she saw the bank door open. I looked over and saw someone standing by the door but couldnt make out who it was. So we walked closer and saw it was Miss Sommer. Miss Sommer drew her guns on me, and told me to put up my hands or she would shoot. I asked her why would she shoot me? and she told me to do it or she would shoot. Alicia then drew and shot Sommer to save me from being shot. Then I heard Rikki yelling from inside the bank to drop our guns. She then started shooting at us, so I drew my weapons and shot back. Rikki shot me near the door. When I came to, Alicia went to look for a doc, and I tried to help Rikki to the docs office but she said she could walk.
“And Gabe, you didn’t draw till after she started shooting at you, so that’s self defense too,” I looked at him.
“I wasn’t going to let her shoot my husband!” Ali exclaimed.
“Of course! I’m just making sure we’re all on the same page here.”
Gabe nodded and said, “I drew when Rikki started yelling from inside the bank and shooting at me.”
“And then to show you were even less of a threat to her Gabe, you offered to help Rikki even though she shot at you. Mighty bold move there,” I smiled.
“Couldn’t let her die right there on the bank floor,” he shrugged.
“The jury will like that though,” I smiled. “I think I have all I need. 11 am tomorrow in Black Diamond?”
“As of right now, yes ma’am.”
“Let me know if that changes,” I smiled.
“Need to confirm with Sommer and find a judge. I’ve already spoken with Rikki and Miss Cora.”
“Excellent.”
We said goodbye and I smiled as I watched them walk on to find Angi. When I was alone again I sat down and pulled out my notes to begin writing opening and closing statements.
Tombstone.
This afternoon I walked down Allen Street, wondering if there would be court today. Due to the lack of communication amongst the court staff, it seemed that the only way to be involved would be to show up at the courtroom door and wait for something to happen.
Jimmi and a few others stood in front of the courthouse and I wondered what was going on. Cole told me that he was going to court and Cora walked in to read the reports which she said were conflicting. I asked Jimmi if he needed a bailiff and he told me to go right on in. By the time I went inside, however, Kris was already in position so I took a seat at the jury box.
While waiting for the trial to began, I smiled at Skyla coming over to sit beside me. I gave her a big hug and welcomed her back as people continued to file into the jury bench. A priest sat behind us, who neither of us recognized.
Angeles welcomed everyone to the court and then began the proceedings. I chuckled as Cole took off his hat, thinking he probably wanted to impress us more with the action. I noticed Ella sitting in the prosecutor’s seat and wondered when she’d graduated from court clerk to lawyer.
“Ladies and gentlemen of the jury, I present to you today a trigger-happy man,” Ella began her opening statement that on this day in question willfully shot a man of law, not a fellow outlaw. I will prove to you that the accused is guilty,” she smiled and sat down.
Cora came forward to give her opening statement and I leaned in to listen. “Ladies and gentleman of the jury I thank you for taking time out of your busy lives to see justice done here today .. my client is patently innocent and I will prove that. He is accused by Little Cletis of shooting him, but he’s not here and Cole is .. that speaks volumes. There were a number of people around when Cletis got shot and he himself doesn’t know if it was Cole .. I will prove this mans innocence.”
Angeles asked Ella if she had any witnesses and she asked if she could call the judge forward. I whispered to Skyla and asked if she could call the judge as a witness and she said that she had done it before.
“Was you the arresting officer in this case?” Ella asked her.
“I wasn’t there the day of the incident. I was who arrested him, yes. And I want you to remember, Prosecutor, I not allowed you to ask me anything.”
“May I read your statement to the court, your honor?”
“I can answer that for you if you have any questions. Here Mr. Dassin comes usually at court disturbing the peace. The last 23rd I was judge here and know I had a warrant on him, so when I finished that trial I asked him for approach and arrest him. He chose to pay bail and not be arrested in jail. In fact, I didn’t have the necessity to cuff his hands or draw my guns.”
“Objection,” Cora stood.
“Defense?” Angeles looked at her.
“Has this got anything to do with the what Cole is accused of now .. and is it right that you’re a witness basically without being sworn in?”
“Defense, I no sustain your objection since I am doing my job like lawmen and that happened after the trial. Now prosecutor, any other questions or witnesses to call?”
Cora sighed and I looked at her sympathetically, not liking how this trial was going already.
“Yes your honor. May I ask Marshal Kris?”
“Yes,” Angeles nodded and Kris was sworn in. I wondered why Cora wasn’t allowed to cross-examine Angeles as a witness and continued to listen to the proceedings.
“Marshal can you tell me what you saw the day in question?”
“Yes, the defendant made a bet that he could shoot me. This was of course after he shot the ranger.”
“Objection!” Cora stated.
“That’s a lie! That has nothing to do with this case!” Cole shouted.
“Miss Cora, keep your client quiet,” Angeles told Cora.
“Keep quiet, Cole,” Cora looked at him.
“Arguments?” Angeles asked her about her objection.
‘Your honor, shooting law is nothing but a game to Mr. Cole. I’m just here to prove that. So yes, I believe my testimony is relevant,” Kris stated.
“Your honor... this has nothing to do with this case. Why is this man being questioned?” Cora asked.
“I will listen to his point, defense,” Angeles said and Cora slammed her book, sighing. “Defend, would you like to wait your turn please?”
“Not related in the least. This court is a circus!” Cole mumbled just loud enough to be heard.
“Since when does a witness dictate to the court?” the priest muttered under his breath and I nodded in agreement. Nothing of this trial seemed to be going according to procedure.
“May I continue your honor?” Kris asked.
“Please continue, Marshal,” Angeles nodded.
“Did you see the ranger being shot, marshal?” Ella asked him.
“No, but I know from experience that Cole would shoot law just because he’s bored. As I said, he shot me from the Crystal Palace betting other outlaws he could.”
“Objection... this has no bearing on this particular case!” Cora raised her voice.
“Sustain the objection,” Angeles looked at Cora. “And calm down in my court, defend.”
“Sorry but this is way out of order.”
“The accused has placed bets that he can shoot you, a marshal,” Ella stated. “You say he shoots at any man with a star. Thank you. No more questions your honor.”
“Now defend, it is time you talk with the witness,” Angeles said and Cora stood to walk over to Kris.
“Kris .. how many times have you been shot?” Cora asked him.
“More than I can count.”
“A ball park figure, Kris?”
“Thousands.”
“Ok... and how many outlaws do you deal with?”
“Just about every one of them.”
“Number again?”
“That I know of, at least fifty.”
“Okay and of that fifty, are those outlaws kind, law-abiding men, who never shoot at anyone?”
I heard the priest doing math softly and then nodded. “Sounds about right.” I had to chuckle at that and wondered if the priest was actually a man in disguise and wondered who he really was.
“Priest, please be quiet,” Angeles ordered.
“As I said, to Cole shooting law is nothing but a game. But no, they aren’t,” Kris answered her question.
“Ok so fifty outlaws or numerous others have shot you thousands of times and you come here to show that Cole Dassin shot once for a bet... once! I repeat once! Not really that bad an outlaw then, is he? No further questions.”
Kris sat back down and the judge asked if Ella had any more witnesses or reports. Ella said she had a report to read and stood up to read it, from the 18th of August, the ranger’s report:
For no known reason, Cole drew his gun and shot me. I was in Tombstone when I saw, what I thought was a slight reflective light for calling help coming from the direction of Bisbee. I got there as quick as I could, Tj followed me.As I got there a woman followed me into the center of Town. I didnt have time to talk to her. I was frantically looking around for what I thought was a distress signal.I dont know what she told Tj, the man who came with me to Bisbee.As I kept looking for the signal, she started to talk to me...I heard half of what she said as I kept looking so more signals...but the signal stopped. As she kept talking, it dawned on me that this woman was coming to shoot me for hanging Serenity and Killing Punk, who attempted to escape as we were about to hang him for murder. )Note: I already had my guns drawn...as I came into town with them drawn...as I was frantic in the search for the distress signal when I got there) She said it herself to me, her words to me were...”shoot or hang a Dead Rabbit and live tah tell the tale” pulled her guns and the gunfight ensued.She shot me, she got her revenge.
I wondered about that, noticing that Cole was only mentioned in the first line and none of the rest of the report had to do with the incident at hand.
“No more witnesses. The prosecution rests,” Ella announced.
“Well defense, it’s your turn now to call witness,” Angeles looked at her.
“Can I read the report and get my defendant to take the stand, your honor?” Cora asked.
“First read the report. Is it the same that the prosecutor read?”
“Yes, your honor. Just the part concerning my client,” Cora clarified and I smiled at that. “This is the report concerning my client,” she said and read:
While talking to folks in front of the bank, Cole got hostile towards me. He drew his gun and fired, I returned fire and I was shot. I do not know if Cole Shot me, he is the only one I know for a fact to have been shooting at me however.
“The rest of the report concerns some unnamed woman .. so who is Cletis saying shot him? Cole or or this woman? The warrant and the report are conflicting. I would now like to call Cole Dassin to the stand.”
“One moment,” Angeles stopped her. “You read two different papers. And remember, defend, I am the judge here and not you.” She looked at Cole who was starting to get up and said, “Take a seat with your lawyer, Cole. I don’t call you for approach.”
“I only read out one, your honor,” Cora said.
“Please take a seat, both. One minute and let me talk. And next time you must be arrested for contempt, Defend. I no like lawyers controlling my court.”
“Yes your honor,” Cora sighed again.
“I would like to explain something to the jury before the defense calls the witness,” Angeles started and I thought to myself that there was more than one thing that needed to be explained. “When one warrant is signed and approved by the judge, this needs to be read first the report and see this was the same who explained in the warrant. In this trial we see different reports so member of the jury, after witness of Mr. Dassin will be your responsibility to choose this man innocent or guilty. Now Cole, approach please.”
There were looks of confusion as we watched Cole being sworn in and then Cora began. “Now Cole .. you’ve heard all the evidence .. can you now tell me in your own words what happened that day please. Excuse me .. not tell me .. but tell the court.”
“Well as I recall it ... there were a bunch of us all standing around ... I do remember Cletis being one of them .. we was standing on the corner near the bank area. Nothing special going on that I can recall .. just all talking .. happy as fleas really.”
“No arguments going on?”
“No Ma’am none.”
“Did you see the incident with Cletis .. when he was gunned down?”
“Yes Ma’am I was standing there like all the others .. I did hear a shot go off ... and like the others we just all hit the ground ... and scattered .. couldn’t really know where the bullet shot from or to where it meant to go.”
“Did you go to help Cletis?”
“No Ma’am to be honest I did not .... when a gun shot goes off .. no telling how many others are to follow .. or if it just some crazy sniper ...... so I stay hid like the others until it certain to be clear,” Cole shook his head.
“Thank you Cole .. no further questions.”
“Your turn Prosecutor,” Angeles said and Ella walked over to Cole.
“The ranger report said you shot at him fo no known reason. Why would the ranger write such a thing in his report?” Ella asked Cole.
“I think the report said that he thought .. I shot at him but he weren’t sure ... when a man being shot ..... it hard to know who done the shooting . there ain’t no name on the bullet .. but you want someone to pay the damages when you shot.”
“May recall a quote for the court DESCRIPTION OF CRIME: For no known reason, Cole drew his gun and shot me,” Ella said.
“Miss Ella it well known that I don’t shoot at anyone unless I got a reason,” Cole said and I nodded in agreement.
“Objection!”
“You calling the ranger a liar, Mr. Cole?”
“Answer, Cole,” Angeles said.
“Who wrote that Cole pulled a gun?” Cora asked.
“Not allowed, defend,” Angeles said.
“I wasn’t calling anyone... I just stating a fact.”
I wondered why Cora wasn’t allowed to object and she asked again, “Objection. Who wrote ‘Cole pulled and shot me’?”
“Didn’t that same report refer to the shooter as a she?” the priest whispered to us in the front row and we nodded.
“Why am I not allowed to object?” Cora asked.
“Defend, I not allow your objection, am I clear? Enough, defend. So many objections and trying to guide my court. After trial, 10 minutes in contempt.”
“Yes your honor,” Cora sighed and said through gritted teeth and I muttered in reaction to that.
“Please, prosecutor, continue with your question,” Angeles ordered.
“Mr. Cole says a responsible Ranger, a man of Law and trust is a liar? No more questions your honor,” Ella finished.
I couldn’t wait to get into the juror room and watched as Angeles invited Ella to give her closing statement.
“The jury today you have heard statements and witnesses saying about how Mr. Cole points to him a known outlaw in this town who shoots lawmen for fun. Even after the event he was recorded as wanting to shoot a known marshal of Tombstone. Please, I ask you to seriously think on this as the hurt ranger was doing his job.” She curtseyed to the jury and then walked back to her seat.
Cora came up to the jury box and began her closing statement. “Ladies and gentleman of the jury .. this case is is riddled with inconsistencies .. two conflicting reports .. one seems nothing to do with this particular trial. As I said before Cletis isn’t here but yet Cole turns up to see justice done. The one witness the prosecution called, who wasn’t even there at the time, admited by his own words that Cole had only tried to shoot him for a bet ONCE .. when in fact he, Kris, has been shot thousands of times by over 50 outlaws. Cletis himself doesn’t even know if it was Cole or not who shot him .. out of the bunch standing around at that time. There are no witnesses who saw Cole shoot a gun at all, let alone at the ranger. Cole also said he removed himself from the scene immediately afterwards thus taking himself away from the violence. All the prosecution could come up with was hear say and witnesses who weren’t even there at the time. I was unable to object to the questions put to my client by the prosecutor .. hence he was made to answer questions that he had no knowledge of from the report. This whole case has been a travesty from start to finish. And one more thing .. my client didn’t say that the ranger was a liar .. that’s one I tried to object to. Your honour, I rest my case.”
Cora went back to sit down and then Angeles looked at us and said, “Members of the Jury, we stay at the point we have two conflicts reports like every lawyer proved and showed... now its your decision just remember the charge: Shooting without kill a lawmen. Please retired to the room deliberated choice a foreman and back with the verdict, thanks.”
We stood and went into the jury room and sat down around the table. The priest introduced himself as Father Bullpit but I was still convinced he was a man in disguise.
“Nice to meet you, Father. That was a long trial.”
“Indeed ma’am.”
“Ah, Father, I musth have mistaken you for someone other. I am Stareyes Galaxy. This was my first trial to witness, as a juror,” said Star.
“We need a foreman,” the priest said.
“I’m deputy Trin Paige. I can be foreman if you like?”
“Why certainly my child. I must say, this is all rather confusing.
“Enlighten us Father...” Bella invited.
“Between the the misguiding statements, and the judge clearly being drunk, I am at a quandary what to believe.”
“It is confusing, but one thing is clear...” I said, “The ranger wasn’t even sure that Cole shot him. Not to mention that the two witnesses the prosecutor called had nothing to do with the case at hand.”
“I agree. The prosecution din’t have a case and I think Miss Cora handled the defense amicably.”
“Also the Father’s point about the word ‘she’ for the shooter, not ‘he’.”
“I can see how they confused Mr Cole as a woman though, he has such feminine features, and that voice, oh my, he sounds like one of our 8 year old choir boys.”
“Exactly!” Stareyes laughed and we all chuckled.
“I say not guilty,” I said. “Are we ready to vote?”
“But he guilty. Guilty of impersonating a woman.”
I laughed at the priest and Stareyes said, “Need not, I think we are unanimous.”
“Well you can redeem him of those sins later, Father,” I winked at him.
“He was not tried for that, Father,” Stareyes said.
“Oh, forgive me.”
“Heaven will forgive you father, but Cole will not if he hangs,” Stareyes replied.
“Are we ready for this vote then? Bella you haven’t said anything...”
“I must say, I do not feel it was proven to me that Mr Cole shot anyone. What I did see was one witness having a clear vendetta against Mr Cole, and a Judge trying to persuade the court to her feelings in the case,” the priest added.
“Well he is going to jail anyways what the judge said at the beginning,” Bella said.
I nodded in full agreement and said, “Either towards Cole or towards the defense attorney.”
“Yes. The whole trial was a travesty,” Stareyes said.
“Not guilty,” Bella decided.
“On that basis alone, I would have to say not guilty,” the priest said.
“And normally as a lawman I would side with the prosecutor but in this case I’m not allowing bias to prevail, as it clearly has for others...” I hesitated. “I say not guilty as well. So we are in agreement?”
“It was not at all clear to me,” Bella said.
“Shall we head back out then? I can be foreman?” I asked.
“Before we go back inside............anyone fancy helping me finish this communion wine?” the priest asked and I laughed at that.
“Maybe later,” I winked and headed back out to the courtroom with the others.
The judge asked us for our verdict and I announced, “We have come to a unanimous decision. We find the defendant not guilty of all charges.”
Angeles dismissed the court and I said goodbye to Cora and congratulated her before heading home for the evening.
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