Bisbee.
This morning I sat in front of the office for about an hour and worked on case files before switching badges and heading for Black Diamond.
Black Diamond.
I walked into town and greeted Nim and Rikki and then headed over to the bank where Ali was getting ready for the cavalry to come for payroll. We talked about court yesterday and then the soldiers came for their payroll. I stood by Wedge and asked him how Zabe was doing with the news we’d revealed and he said she was doing okay. We saw movement in the distance but nothing happened so I came out from the courthouse to talk with Nim and Ali.
“I thought something was going to happen... Guess everything’s alright. I saw movement by the entrance and felt unsure about it.”
“Seems they bungled it,” Nim said softly as Ali walked out of the bank, closing the doors and locking them.
“Has anyone been in the bank this morning that you seen?” she asked.
“No ma’am, it has been closed since I got here early, why?”
“The employee door was wide open, the first time I opened the doors,” Ali observed.
“That’s curious,” I looked between them.
“Might speak with Miss Bree, she had it open last night and was a bit lost with Matty’s charms. Might have forgotten to close the employee door when she locked up.”
“Perhaps she did forget,” Ali nodded.
“I hope it’s that simple of an explanation,” I said.
“We should see her soon enough, I will ask,” Nim nodded.
“How are you this morning Sheriff?” Ali asked her.
“I am doing fine, should be a nice busy day.”
“The safe was locked, that’s the important thing,” Ali observed and I nodded in agreement.
“I will be bailiff this morning, as neither Matty or Mickey can make it,” Nim said.
“I can’t wait to get in there. Been a while since I’ve been in court.”
“I also spoke with Thadeus last evening, he accepted my offer to train with me, so just waiting on Mr Wise to give his okay,” Nim said.
“His okay for bailiff?” I asked.
“You can be called as a witness even when you are bailiff, it’s been done before and nobody has complained as far as i know,” Ali nodded to her.
“Hmm?” Nim looked at me.
“Oh was just wondering what you were waiting for an acceptance on.”
“To be hired for law, Miss Trin,” Ali answered.
“I offered Thadeus a deputy position so he can get some training in,” Nim told me.
“Oh I see.”
“We like making Tombstone jealous of our law here in Black Diamond,” Nim winked at me.
I chuckled at that and said, “Well I plan to spend more time ‘round here when I’m off duty from Bisbee. It gets quiet there, which is nice for my writing, but I enjoy the socialness of this area. Much moreso than Allen Street these days.”
“Yes, the town is doing real nice and I agree,” Nim nodded. “Much better social out here then in Tombstone.”
“Ain’t much going on there on Allen Street as of late,” Ali said.
“It’s really starting to boom, Ali. I must say I’m quite proud of you and Gabe,” I told her, referring to Black Diamond. “And having a consistent Sheriff who’s dedicated to her job is an added blessing,” I winked at Nim.
“Miss Nim has helped quite a bit with that,” Ali nodded.
“And training folks to step up in my absence, something Tombstone lacks,” Nim smiled at me, then looked at Ali. “Miss Rikki tried to hire me this morning.”
“Hire you for what?” Ali and I both asked at the same time and we laughed.
“I guess she wants a deputy, told her to speak to my kid sister,” Nim said.
“In Ghenna?” I laughed. “That’s a good one.”
“Socialize with the ghosts,” Nim nodded and I chuckled at that.
“Perhaps that’s what was going on here when her and Sommer attempted to rob the bank. She was training Sommer...” Ali chuckled.
“Oh, I wonder if I can work that into my opening statement...” I thought out loud.
“Sommer can only do one thing, lay on her back,” Nim smirked.
“She is a dove after all,” Ali pointed out.
“I was a Dove as well Miss Ali, but I sure carried myself better then I see some of them these days,” Nim nodded.
“Heck, I danced in a saloon when I moved down to the states all those years ago... We were told clearly that it weren’t no brothel though,” I said.
“That’s one thing I have never done,” Ali said.
“For a brief period I considered the job... as a way to gain information from the other side for the law... but then I realized the types of men I would have to interact with and changed my mind,” I thought of the moment when I realized that would mean I would have to be with men like Buckshot Bill and chuckled to myself.
“Good money though, last month I worked at Dutch Annie’s, I made a little over two thousand dollars,” Nim smiled at me.
“Wow...”
“I don’t believe they make nearly that much unless they be doing more then just dancing,” Ali said and I chuckled.
“The girls there now, no they don’t,” Nim shook her head. “My total that last month matched all the other Doves combined. They don’t understand that the job there is not much different, socialize. I watch them on stage on Thursdays and I feel like I am in a 2bit strip club.”
“Definitely a world I couldn’t enter again...” I said contemplatively.
“I did notice that they don’t even say hello to folks walking in the door,” Ali said.
“Only way I will ever work at Annie’s again is if Mr Wise gave me the place to run, so I could sweep out the trash,” Nim grinned.
“Nim, you got any of that strong coffee made? Thinking about getting some before court.”
“In my office there is a pot. Just be good and burned by now. I made it a few hours ago.”
“Sounds great,” I smiled. “Wouldn’t want to impose on your office though.”
“Come on, I will open it up for you.”
“If you ladies will excuse me, I have some work I must do before court,” Ali said and I followed Nim to her office.
When she’d poured me a cup of coffee and I took a sip I smiled, “Yeah, that’s the stuff. Nice to know some things never change. I’ve been laying low a bit... Sunset was killed and it took me some time to process that.”
“Consistency builds a good foundation,” Nim nodded.
“Spend most of my time writing while on duty in Bisbee... But I’m ready to hit the ground running now and move on.”
“Heard rumors on that, sorry to hear Trin, I know you were enjoying your chats with him.”
“It helped... Was almost as if a part of my father were here with me... It brought the closure I’d needed for so long, however. Answers I’d been searching for the past fifteen years... Ain’t been a man in a while either... That man from England... He told me to live my life and not wait for him, though he could be back when his business is settled. To be honest with you I’ve been getting a bit restless.”
“Awe, sorry to hear that. I thought you were seeing Wedge?”
“Somethin’ good needs to happen, Nim. This Bisbee Deputy position has been a blessing but...” I shook my head and said, “Nah, Wedge is an old friend. He’s who I talk to when I need help, and he comes to me for help as well. There’s nothing physical about our relationship apart from the occasional hug. Good to have solid friends like that... But I’m startin’ to need more.”
“Well I am free as well, TJ and I broke it off after Miss Bella decided she wanted to chase him and started telling him all my personal business.”
“That’s awful, Nim,” I shook my head.
“She’s a bitch like that, but it was something I was considering already, she simply made it happen.”
“Then she helped you avoid a land mine in her own way,” I sighed slightly. “Men are fickle creatures... Women ain’t always much better though.”
“Ah well, I don’t usually have a shortage of men,” she smiled and winked at me. It’s that Dove experience.”
I smirked, remembering one having such confidence, then my face went solemn and I sighed. “Guess I should head over to the courtroom.”
“Good luck today, your going to do great.”
“Thanks Nim,” I nodded and handed her back the empty coffee cup.
“Anytime, you know where I am.”
I walked out of the office and went to sit in my position at the prosecutor’s desk and pulled out my notes, preparing myself mentally for the trial that would begin in an hour.
Ali walked into the courtroom and I smiled at her, “Glad you could make it.”
“I’m more then happy to be here.”
“Is this the first trial here since you became mayor?”
“Yes Ma’am it sure is.”
“I’m honored to be apart of it then,” I smiled.
“I’m just sorry Gabe couldn’t be here today.”
“We have his statement,” I winked at her. “I must say I like the look of this courthouse much better... I always have. I remember when I started in the area... I came to a trial out here for V I think it was... Place was packed.”
People started to file into the courtroom and the jury box filled up. I wished Cora good luck as she walked in with her clients and then Angi took a seat behind the judge’s bench. “Prosecutor and Defense, I trust you are both satisfied with the Jury?” she asked when we were ready to begin.
Cora and I both nodded and Angi addressed the court. “Members of the Jury, please listen carefully. You are here to perform a civic duty to the court. I ask you to keep an open mind, and to make your decision of guilt or innocence from the testimony presented to you in court with no favor or preconceptions.” She banged the gavel on the desktop and said, “This court is now in session. Defendants, please stand for the reading of the charges.” When they had stood she continued, “Prisoners Rikki Raccoon and SommerStar, you have been charged with the following offenses: Attempted Bank Robbery, Shooting without Killing, Weapon Un-holstered in town, and Weapon used in a crime. Defense, how do the Prisoners plead? Guilty or not guilty?”
“They plead not guilty your honour,” Cora replied.
“You may be seated,” Angi nodded. “We will now hear the opening statements. Prosecutor, you may approach the Jury.”
I stood, feeling a rush of excitement as the trial began. It was a feeling that would never get old, I was sure. I walked over to the jury and smiled at the members, looking at each one of them in turn. “Members of the jury, you will know my witnesses well, as they are the mayors of this fine town. This past week they were attacked in a gunfight while attempting to prevent a bank robbery by the two defendants here before you. I ask that you find both Rikki and Sommer guilty of all the charges against them. Thank you.”
I sat down and Angi invited Cora to give her statement. She stood and went over to the bench.
“Ladies and gentleman of the jury .. these two women have been accused of these crimes but the only two witnesses are married .. so are likely to agree statements .. there are no independent witnesses .. I’m going to prove these two are innocent.”
“Prosecutor, please call your first witness,” Angi nodded to me.
I stood and said, “Your honor, I’d like to read a statement from Mayor Gabe Fitzsimmons, who couldn’t be here today.”
“Go ahead,” she nodded.
I took out the statement and read, “‘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. SIGNATURE: Gabe Fitzsimmons.’”
“I would like to point out something from that statement if I could,” I looked at the judge.
“The statement reads for itself. You may point out in your closing statement.”
“Alright,” I nodded.
“Prosecutor, do you have any more witnesses?”
“I would like to call Mrs. Alicia Fitzsimmons to the stand.”
Ali came to the bench and Nim swore her in. When I was given permission to proceed, I said, “Good morning, Mrs. Fitzsimmons. Thank you for being here in spite of your busy schedule. Who was the first to draw a weapon that you saw?”
“It was Sommer, as we approached her.”
“What did Sommer tell you when you first approached her?”
“She said to stay were we were.”
“And then what happened?”
“Gabe proceeded to ask her what if we didn’t. she said she would shoot.”
“Did Rikki threaten your husband?”
“Objection. Leading the witness,” Cora stood.
“I can’t say for certain, I was real frightened in fear of our lives when I seen Sommer’s gun,” Ali continued to speak.
“Sustained, your honor. I’ll rephrase.”
“Actually Trin, that is my job,” Angi said and I apologized. “I was going to overrule the objection, but we’ll move in the defense’s favor and sustain it. Go on.”
“Was there someone telling the bank when this incident took place?” I asked Ali.
“No Ma’am, there was not.”
“And yet the door was wide open?”
“Well, the door opened after Sommer was shot, and inside stood Rikki.”
“Interesting,” I nodded. “No further questions, Your Honor.”
I sat down and the judge called Cora to cross-examine. Cora stood and walked over to Ali and asked, “Miss Ali... When you were nearing the bank did you see the door already open?”
“No Ma’am. I thought perhaps I had seen it open which is why we were walking there. But when we arrived it was closed.”
“So you went to the bank and the door was closed .. why did you go there then?”
“Like I said, I thought perhaps I had seen it open, we were near the bakery can’t be certain from that far away. So I asked Gabe to come near me and look, he could not be certain so we walked to the bank.”
“And then what happened?”
“As we approached we seen Sommer and she drew her gun. Then told us to stay where we were.”
“Can you tell me who fired the first shot?”
“I was.”
“You fired the first shot, Miss Ali?”
“Yes ma’am, I fired after Sommer told gabe she would shoot if we moved. I was in fear for our lives so I shot first.”
“Thank you Miss Ali. No further questions.”
“Thank you. You may step down. Prosecutor, do you have any more witnesses?” Angi looked at me as Ali went to sit down.
“No, your honor,” I shook my head.
“Defense, please call your first witness.”
Cora called Rikki to the stand and she was sworn in, then Cora began her line of questioning. “Miss Rikki .. can you tell me the events that occurred that day in connection with this shooting?”
“Yes ma’am. I went to get a picture taken at Miss V’s, and ran into miss Sommer there. We found the photography shop open, which was strange so I told miss Sommer that we should see if the bank was also unlocked, cause it looked like there might have been a burglar in the area.”
“Understandable,” Cora nodded and I tried hard to stifle a laugh at that.
“I asked miss Sommer to stay outside and watch incase the burglars returned, and then checked the bank door and,” she gasped for effect, “I found it unlocked. So as a good citizen, I went inside to make sure that everything was safe and sound. Everything looked fine and as I was going back out, I heard gunshots, and saw miss Sommer through the window as she fell. So I drew my guns, thinking it must be the crooks returning, and I started to shoot to defend myself. I swear I didn’t know it was miss Ali and Mr Gabe, the sun was so bright. And I can’t for the life of me figure out why Miss Ali would shoot poor Miss Sommer, when Sommer was only trying to help.”
“Did either of Miss Ali or Mr Gabe ask any questions of you?”
“No ma’am, they just kept shooting and not saying a word.”
“Thank you Miss Rikki. No further questions.”
Cora sat down and I was invited to cross-examine. I walked over to Rikki anxiously and she continued to speak, “I think I wounded Mr Gabe, but miss Ali shot me and wounded me in the shoulder..see...” she removed the sleeve of her shirt so we could see the scar.
“You said that you thought that there was a burglar in the area. Did you notice anything amiss when you walked into the photo studio?” I asked her.
“Yes ma’am, I did.”
“What did you see?”
“Miss V never leaves the place unlocked.”
“You said that the two kept shooting, without saying a word. Did you hear any of the dialogue between Sommer and the Fitzsimmons’?”
“You see, she is such a good friend, I just knew something was wrong. No ma’am, I was inside the building.”
“Hmm I live upstairs never seen it locked....” I heard Richie mumble from the jury bench.
“But the bank door was open from when you opened it to check on things, no?”
“It was unlocked, not open.”
“Mr. Richie, if you would like to testify, could you please speak with the attorneys that are holding trial?” Angi looked over at him.
“But after you went in to check the bank... In a small town such as this, sound would travel, no?”
“Yes ma’am. Ali and Gabe are friends, and I wanted to make sure everything was safe.”
“Objection. Leading my witness,” Cora stated.
“Sustained,” Angi nodded.
“Nothing further, your honor.”
“May I redirect, your honor?” Cora asked as she sat down.
Richie whispered to me and I tried to ask for permission to call him as a witness but she wanted to keep proceedings going so Cora called Miss Sommer to the stand. She was sworn in and then Cora began her line of questioning.
“Miss Sommer .. what was the position of the sun at the time of the shooting?”
“Rising in the east over the hills. In my eyes.”
“Could you see the people who were firing at you?”
“No ma’am.”
“Did they identify themselves by name at any time?”
“No... I could only see shadow figures. I did not know who they were
“They didn’t shout their names or call out their names in any way?”
“No ma’am.”
“Objection, your honor,” I stood.
“Grounds?”
“Relevance. Whether the defense knew who she was shooting at or not, the shooting still took place. And I have signed statements to prove such.”
“Sustained.”
Cora continued to ask, “So you saw people you couldn’t see .. because of the sun .. they didn’t identify themselves .. and then what happened? I’ll be more clear .. who fired the first shot?”
“I said, ‘stop’.”
“Miss Sommer, please answer the question that was asked.”
“Sorry your honour that way my fault .. I asked two,” Cora looked at the judge.
“Next thing I knew I was shot..I did not even shoot,” Sommer continued.
“You didn’t shoot once?”
“No ma’am,” Sommer shook her head and I raised my eyebrow.
“Thank you, Miss Sommer. No further questions.”
“Prosecutor, you may question the witness,” Angi looked at me to redirect but I had no questions for Sommer.
Angi called us to provide our closing statements and invited me to go first. I stood and approached the bench. “Members of the jury, today we discussed an incident this week involving two women robbing the bank and then getting involved in a gunfight with the mayors of this fair city. Rikki and Sommer claimed that they had been investigating a robbery, and that V’s store should not have been left wide open. However V’s store is always left open to the public. The Fitzsimmon’s characters alone testify that they would not have taken the actions they had unless they felt threatened for their safety. Both Rikki and Sommer could not make out who the couple was, and yet the Fitzsimmon’s could tell exactly who were involved. Gabe even offered to help Rikki to the clinic after he had been shot by her. I ask that you find both Sommer and Rikki guilty of all charges. Thank you.”
“Defense, We will hear your closing statement. Please approach the Jury,” Angi said and Cora moved to face the jury.
“It seems obvious to me this is a case of misunderstandings .. my clients were doing their civic duty by seeing if the bank was safe, not investigating a robbery as Miss Trin just stated. Miss Ali and Mr Gabe came upon them, my clients not being able to see who they were because of the sun in their eyes. They thought they could have been outlaws so they were naturally wary. Miss Sommer didn’t even fire one shot .. she was being shot at and her friend Miss Rikki came to her defense. Miss Ali and Mr Gabe didn’t identify themselves at all which they could easily have done as they were apparently shouting. The Fitzsimmons could see because the sun was at their back .. not in the eyes. I ask you to find my clients not guilty.”
The jury members were instructed to go to the room and discuss a verdict, so we waited for them as they discussed their thoughts. It was almost an hour before they returned and we were able to hear the verdict. A man read that they had decided that both clients were not guilty on all charges. I sighed, wondering where I went wrong, and headed home quietly after saying goodbye to Ali and Richie.
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