Black Diamond.
I walked into Diamond and knocked on David’s door. He welcomed me in and I walked in to greet him. “Hey there.”
There was a knock on the door and Desi walked inside, without being invited. David told us that he would be back in a few minutes. He stepped out onto the balcony to look over some files and Desi greeted me. “Howdy detective.”
“Deputy, do you need me for something?”
“Not right now, detective. Not till I get warrants, then I may need your help.”
“Well let me know when something’s actually going on.”
“I will.”
“You probably shouldn’t just come into a man’s home and sit on his chair if he’s not here. I’m heading back down to the street.”
I walked outside and headed for the saloon. Bob and Gigi stood on the balcony and I waved to them as I headed into the saloon. I pulled out my notebook and started to write notes about people from yesterday’s journal.
“How you doin’?” Bob’s voice brought me back to the present.
“Hey. I’m surviving I guess,” I nodded to him. “Could I get a coffee? That might help. With some whiskey,” I winked.
“Aye the usual, I should get coffee for me too just woke up,” he nodded and went to work on pouring the whiskey into a cup of coffee, mixing it well.
“Yep... Me too. Went to see David and Desi just barged into his place without really needing anything. David needed to attend to something though so I came here.”
“Ah yes poor little David. And that Desi... well what can I say? Not too eh bright she is,” he laughed.
“She wants me to help her take down the Wild Bunch but that’s not my job. I help determine who did it, then when they go to court I prosecute them. I don’t arrest them or shoot them down.”
“Yes she mentioned aspirations for a higher political office, marshal or somewhat thing,” he nodded and I rolled my eyes. “Suppose it someone died and there was no other choices...”
I smirked and eyed the drink he was making and he put the cherry on top and slid the drink over. I chuckled and took the cherry, biting down on it. “Thanks, Bob. Things good with you?”
“Aye...Gigi’s out there sticking the birthday banner up, for one of her friends, party here today in the afternoon.”
“Oh fun!”
“And I’m still working on perfecting my own brand of whiskey.”
“Oh yeah?”
“Aye, ya should try it!”
“Maybe a little bit... Is it strong?”
“Aye...sometimes.. a bit random so far.”
“When it wants to be?” I chuckled and he nodded. “Never heard of temperamental whiskey before.”
“Mornin’ Trin, Morni’ Bob,” Alex said as he walked in.
“Hey there,” I smiled at him as Bob slid over the drink. I took a sip and blinked, “Wow... Today is a strong day. Try this..” I slid the drink to Alex.
He took a sip and opened his eyes wide. “Wow, that is strong.”
“That’ll wake anyone up more than coffee, Bob,” I chuckled.
“Can I get a cup of coffee, Bob. Hold the whiskey,” Alex requested and I smirked a little.
“Thank ya! Alrighty sir,” Bob poured him a cup of coffee and handed it to him.
“How are you today, Alex?”
He took the coffee and wrapped his arms around the warm mug. “Thanks. I’m good. How are you doing?”
“Better today, thanks. Just hope I get something to do today.”
I watched a woman come in and sit beside me. “Hi ma’am,” I greeted her.
“Hi Trin.”
“You know my name?” I looked at her.
“Howdy Miss Leigh!” Bob greeted her and blinked at that.
“Leigh?!”
“We have met. I am Leigh. How are you?”
“I should be asking you that. You’ve been through quite an ordeal lately.”
“Yes I have been.”
“We met the other day in the street I think. I was blind drunk so I’m not sure though,” Alex said.
“Aye she cleans up good though!” Bob laughed.
“I was drunk too so who knows,” Leigh smiled weakly. “Hi Bob.”
“The whole town by now...” Bob grinned.
“Can I have some tea please Bob?” Leigh requested.
“Surely!” he said and went to work on making the beverage.
I shuffled through my files and found a file from a previous detective made for her. “I don’t think we’ve officially met, to be honest. But one of my past detectives has I suppose. So Leigh... Can you tell me what happened now that it’s over?”
“Most of it is a blank, however, I was taken by some kidnappers and held for ransom and the Mayor didn’t want to pay to get me back,” she sobbed.
“We never heard anything about a ransom,” I raised an eyebrow and looked over at Alex. “Don’t you love how they keep me informed around here?”
“Nothing’s changed, I see,” he shook his head.
“After three days they got sick of me and let me go. I was a mess,” Leigh said.
“Can you identify them, Leigh? Did you file a kidnapping report?”
“I never saw them, I thought the Mayor would file one of course,” she said, taking the tea from Bob and thanking him for it.
“We were pretty sure we knew who it was, but I haven’t seen anything in the telegrams about them being arrested for the crime. Do you know why they would take you like that?”
She looked down at the floor and said, “I am afraid the Mayor is behind it, I hate to say that but...”
I looked over at Alex and he looked as surprised as I did at that statement. “The one behind it?!” I looked back at Leigh.
“You know everyone thinks I am the bad one but...”
“Leigh can I ask you an honest question? What happened that day when you drew your guns on your husband in the bakery with Jewel?”
“I have said enough , he will kill me...”
“Leigh... You are safe here... He doesn’t have to know that you’re talking to us...” I looked at the men for confirmation and they nodded in agreement.
“I didn’t draw a gun?” Leigh looked confused.
“He said you did.”
“No one saw me draw a gun. I am sure the Mayor said I did but it isn’t the truth,” she said. I sighed, not liking being lied to but I wasn’t sure which one was doing the lying. “See my jewelry, it was taken but I found it this morning in the Mayor’s wardrobe. How did it get into the Mayor’s wardrobe?” Leigh asked us.
“That’s a great question,” I shook my head.
“I decided to just put it on and wear it to see what he would do.”
“Has he noticed yet?”
“No he was acting like a fool this morning so I left.”
“You left?”
“Plus he doesn’t come home most nights but no one knows that except a women over in Tombstone.”
“I don’t like the sound of this...” I frowned as she sipped her tea and cried. “Oh Leigh...” I reached over and put a hand on the woman’s arm.
“I am trying to get back to New York. The other day at the Stock Exchange he took some ore and tried to blame me for it.”
“HE took the ore?!” I blinked. “You didn’t bury a hole and get sick in it either, did you?” I looked at her seriously, trying to determine if she’s lying.
“Yes! Nellie came by the house and found it in his wardrobe. Ask her she will tell you.”
“She said you took it,” I shook my head. “Then when I saw her in the office she said it was all taken care of. Something isn’t adding up,” I looked from Leigh to Alex.
“I dropped an earring in the dirt and reach down to pick it up is all,” Leigh said. “Nellie found the ore in his wardrobe. Just ask her. Ask the Mayor how I came to be here in Black Diamond, not like I wanted to come here.”
“Oh I intend to ask the mayor a lot of things.”
“Follow the Mayor see where he goes most nights. I would sure like to know. Thank you Trin. Oh and the money form the bank?”
“Yes? He told Jewel about the deposit and then when he went back to withdraw it wasn’t there. What’s the truth about that money, Leigh?”
“He told me to withdraw my half the money to get back to New York,” she said.
I blinked and said, “Such love for a man that couldn’t stop talking about you as if you were newlyweds.”
“Krell is at the court house in our bedroom DRUNK. Go look. If I was stealing the money I would have taken it all wouldn’t I?”
“Of course you would’ve,” I nodded.
“He is a thief he robbed banks in New York just look back in the papers. I was working in a saloon I admit it.”
“Hey, I worked in a saloon back in the day,” I chuckled.
“He decided he wanted me and took me.”
“Romantic,” I muttered.
David walked in then and I noticed he was staring at me. I looked at him, curious, but finished my coffee and listened as Leigh said, “Well then you understand I had no money my ex-husband had left me high and dry. David here has helped me best he can and the Mayor thinks he wants to take over his job as Mayor.”
“Right, I wanted to talk to you about all that, David... What you witnessed with Leigh...”
“If not for David I don’t know what I would do. Desi has helped me also but is afraid of him taking back her job as deputy,” Leigh sobbed.
“I think I changed my mind. Can I have a little whiskey in this? Or maybe a lot,” Alex took a deep breath and looked at Bob.
“He ain’t even married me,” Leigh went on.
“You okay?” I looked over at Alex with concern and he shrugged. “What’s wrong?” I put my hand on his knee.
“Sorry, I’m just feeling a little odd,” Alex shook his head.
“I say you are,” Desi said from hr spot at the end of the counter and Alex glared at her.
“He says he loves me, but he ain’t married me has he?” Leigh cried.
“No Leigh, he hasn’t,” I reached over and patted her knee.
“I thought he loved me but it was a lie.”
I looked over at David and noticed Alex had left the saloon. “Wow it’s some morning here.”
“He chases all the women in town just ask them,” Leigh sighed.
“I’m just friendly,” David said, thinking Leigh was talking about him.
“He will kill me for telling you Trin, but I cant take it no more,” Leigh said.
“She’s talking about her fiancé,” I looked at David then back at Leigh. “Leigh... he won’t know you talked to me.”
“By the way,” Leigh added, “There is a bag of Black Diamond money behind my mirror in our bedroom as I sit here. Just go look. He thinks I don’t know it is there. He isn’t what ya’ll think he is.”
“Mr Krell? Oh I know exactly what he is,” David glared.
“He hoped I wouldn’t get back the other night.”
“I didn’t trust him when we were talking about what happened to you. It didn’t feel right,” I shook my head.
“You know you can always talk to me, Leigh,” I told her. “It’s what I’m here for.”
“Thank you, Trin,” Leigh said and I noticed Desi snarling at me, for reasons I was unsure of.
“You know I will be there for you too,” David put his hand on her shoulder.
“Thank you David You are a very good friend. I have to act cheerful when he gets here this morning. And he will pretend he loves me, as usual.”
“I think I’m going to wander around and see what’s going on around town,” I stood then.
“Be sure to stop by the court house Trin, and have a look around,” Leigh reminded me.
“I sure will,” I nodded.
“Um Trin a word please?” David requested.
“Sure David. Let’s talk in our office.” I led the way to the office and when we were alone I said, “So what’s up? Something wrong, David?”
“Yeah, something very wrong.”
“Talk to me,” I said, sitting at my desk and he sat across from me.
“What do you think of Liegh?”
“I’m not sure what to make about anyone around here. Leigh, Krell, Desi... I’m not sure if I can trust any of ‘em. What about you?”
“Not sure really, Leigh seems innocent enough but just something I don’t know odd,” he admitted.
“One of them or both of them are lying, David. I’m just not sure which.”
“Oh I am sure its probably both, with their own agendas,” David chuckled.
“What do we do about it?”
“Well without absolute proof of anything, what can we do? He’s the Mayor for god sake and for a lack of a better word she’s his lady.”
“I know,” I nodded. “Our hands are kind of tied.”
“Yeah, what can we do?”
“Nothing... They’re both going to keep lying with their own agendas... And the deputy leaves something to be desired in a lawman. I wish there was something we could do to help this town. We’re lawyers and I’m a detective... We take care of the before and after. But they need actual lawmen too.”
“Agreed,” he nodded. “The same laws for protecting this town are the same set keeping us from doing what we need to do.”
“I know,” I nodded. “That’s always been the way though. My heart is in Diamond but there’s nothing I can do for them as a lawman.”
“I heard Desi is pretty much new to law enforcement, to bad we cant find a decent sheriff, one that was available.”
“Yeah... that’s the problem everywhere though, David. Even if a lawman does everything we can and files all the reports... people will go free in court because the town is biased towards outlaws.”
“It’s been that way since I came here last May.”
“Ha wouldn’t it be something if we found out our dear Mayor is really an outlaw?”
“I wouldn’t be surprised, David,” I sighed a bit.
“Would explain a lot,” David nodded.
“I was pretty sure that Leigh was caught up with them too. But now... I ain’t sure.”
“I’m pretty sure if Leigh caught in anything its of her own doing.”
I nodded and sighed, leaning on the desk in frustration.
***
This afternoon I saw a crowd of people sitting in the bakery at a table. I walked in and greeted everyone, pulling up a chair as Bree left to take care of something.
“Is everyone coming to Jewels get together?” Leigh was asking as I walked in.
I looked between Krell and Leigh, interested in watching their interaction. “How are you all doing?”
“I am feeling better,” Leigh said. “The Mayor seems to be working out last minute details on something.”
“I am glad.”
“Jess stopped by to check on me.”
“Got a great doc here,” I smiled.
“Yes we do have good medical help in town thank God.”
“What kind of function is Jewel having?” Jess asked.
“Jewel is having a function?” I looked between them, confused.
“Well not really...” Leigh said.
“Did I misunderstand?” Jess asked.
“I think today is her birthday, but she wants no fuss.”
“Ooh... Gigi is throwing the party for her?” I asked, remembering what Bob had said that morning.
“Yes, I think.”
“In spite of the fact that we’re pretty sure she was involved in your kidnapping?” I looked at Leigh with confusion.
“I don’t know the details. The mayor’s idea, Trin,” Leigh told me.
“Is that tonight?” Jess asked.
I looked over at the mayor, even more surprised. “You’d allow there to be a birthday party for the woman who kidnapped your fiance?”
“I am not sure yet Jess if the Mayor would wake up and tell us it would be nice,” Leigh said. “He always does this, Trin. Pretends I am not even here.”
“Well I want some answers because this makes no sense,” I said firmly.
“Of course it makes no sense.”
“Well unless I am needed, I probably will not be here,” Jess said.
“Why not, Jess?” Leigh asked.
“It’s part of being invisible and I don’t like coming to a party and being alone,” Jess said.
“Please come, Jess. It won’t be the same unless you come,” Leigh insisted.
“I know how you feel, Jess,” I sighed. “Been a while since I had a good man beside me.”
“You won’t even miss me,” Jess smiled at Leigh. I’ll just go get my horse and go for a ride, then go to bed early. Unless I get a patient.”
“Well you should at least stop by and wish her well,” Leigh said.
“Wish well to the woman who kidnapped you?” I stood, shaking my head.
“Who, Jewel?” Jess asked. “Sorry Trin but i believe the whole gang has been set up. The whole thing is not the typical behavior of the Wild bunch.”
“You don’t think Jess actually did it?” I looked at her.
“No, I don’t. I believe someone was impersonating them.”
“Well I hope someone gets to the bottom of it,” Leigh said. I am afraid to leave the court house any more.”
“I was kidnapped by the black birds and this whole thing reminds me of when it happened to me,” Jess said.
“I’m trying but I can’t do it if everyone keeps misconstruing the truth,” I said and Leigh looked at Krell and nodded.
“I don’t know the truth, this is just my opinion,” Jess said.
“I know Jess... I don’t mean you... I just... wish I could get something solid to jump off from.”
“Well I hope someone hangs for it,” Leigh said.
“I feel like I’m spinning in quicksand,” I said. “I would just like the truth.”
“If I am wrong it will really make bad towards my friends,” Jess said.
“Well Trin will get to the bottom of it.”
“If it kills me,” I winked at Leigh.
“I have told you the truth, Trin. You know I have,” Leigh insisted.
I nodded, though I still wasn’t sure. “I’m going to head out before festivities that make no bloody sense begin. Court in an hour. See you all later.”
I waved and headed off to the courthouse.
Tombstone.
I got to the courthouse in plenty of time and sat in the prosecutor’s desk, waiting for trial to begin. I had already prepared all of my statements and questions and was more than ready to win a guilty verdict for the kidnapping charge against him. The judge, defense attorney, and court clerk all arrived on time including Jimmi, my main witness. While we were waiting for the defendant, a rat came into the courthouse and Jimmi called for the dog Fleegle to come and chase down the rat. He succeeded in killing the rat, but the defendant never showed up.
We went home and resumed our day but then got the notice that trial would be starting and that the defendant was there, so we resumed our positions. “Everything look okay?” Ed asked from his position behind the bench. We accepted the jury members and he welcomed everyone to the courthouse.
“Defense, you have kidnapping as the charge. How do you plead?” Ed asked.
“Not guilty,” Ella smiled.
“Very well. Let’s hear the opening statements. Prosecution. You’re up first.”
I stood and faced the jury with a smile. “Ladies and gentlemen of the jury, on two separate occasions a woman was kidnapped by the man on trial today. She had to fight to get free. You will hear from an eye witness to the event and his account will leave no stone unturned and reveal that this man on the stand is guilty of the kidnapping charge laid against him.”
I sat back down and heard Twain mutter, “That woman not in her right mind.”
“Right. Defense, you’re up. Opening statement.”
Ella nodded and smiled, walking over to the jury. “Lady and gentlemen of the jury, I disagree with the learned friend here,” she started and I chuckled at that. “As you will see, the defendant was the victim in this case. He was the one hurt and persecuted by mob rule as you will see.” She went and sat down and I blinked at that, thinking it was an interesting approach to the case.
“Hmm, okay then. Prosecution, first witness please,” Ed instructed.
“Your honor, I would like to read the statement by Lisa, the victim of these kidnappings,” I stood.
“Right.”
I took out the statement and read, “On two separate occasions Twain Orphan tried to kidnap me and take me to Arizona. The second time Lil, and little Jamie witnessed him sayin’ I was coming with him and I Had to fight my way away from him... Mr. Rubble came out and I then reported it to him along with the witnesses that were still there. Mr. Rubble suggested i take him off somewhere and shoot him.”
I waited as that sinked in and looked over at the jury. Ed said, “I guess unless you want to point out anything about it the defense can “cross examine” the statement by pointing out specifics if they want.”
“Me your honor?” Ella askd.
I shook my head and said, “I will explain Jimmi’s comments in his questioning on the stand, your honor. Or rather, I will get him to.”
“Ah, okay. Then if you don’t want to say anything about the document entered, defense, I guess the prosecutor can call the next witness.”
“With that I’d like to call Jimmi Rubble to the stand.”
Jimmi got up and walked over to the stand. Ed swore him in and instructed me to begin. “Thank you for coming today, Jimmi. Can you describe the scene in town while you were walking through town that day?”
“On February 2nd I was walking West on Allen Street towards the clock tower. We noticed a gathering of folk sitting on the roof of a building, just next to the fountain. There was some disturbance and animosity towards a man on the ground below, who was conversing with Petaline Zuta. Some children on the roof were even throwing rocks at the man. I was told this man’s name was Mr Twang. I have discovered since his arrest, his name is actually Mr Twain Orfan. As there were adults well in sight of this stoning, namely Doctor Freja, Miss Lisa Jones, Miss Lil (rebelsgrl), I was very curious to find out why it was allowed to continue,” he explained thoroughly.
I nodded, smiling. “Did you witness any animosity between the defendant and the woman that he kidnapped?”
“Oh yes. Many things were shouted but the stoning had stopped and the folk had come off the roof, yet they were still very angry towards Mr Twain. They were accusing him of harassing Miss Lisa on several occasions and even attempting to kidnap her by demanding she accompany him to Arizona. Exact place was not disclosed.”
“Hmm...” Ed said and I smiled again.
“This part in Lisa’s statement seemed to confuse the court. Can you tell us about the lesson you suggested Lisa teach the defendant,” I requested.
“To quote my exact words, ‘Miss Lisa, one way to show him the errors of his ways is to let him take you out on a date. Then he can see for certain he actually is making a mistake. He wont ask a second time. Somewhere nice and secluded.. no eyes witnessing anything... no law around.. get my drift?’ To which she nodded in reply. Mr Twain quickly left the area and I have not seen him since. Until today, he is over there,” Jimmi pointed to Twain.
“Of course,” I nodded. “Thank you for your time, Jimmi. No further questions.”
“Thank you,” he smiled.
“You may cross examine the witness, defense,” Ed instructed Ella.
Ella nods and stood, walking over to Jimmi. “Howdy Mr. Jimmi. Do I understand the first time you saw the defendant was when he was being stoned and verbally abused?”
“Yes ma’am, that is correct,” Jimmi nodded.
“I know you are a married man, and because of what you heard gave the lady dating advice. If that same lady said Trin was a dove would you still give advice?”
I blinked at that and said, “Objection, your honor. Relevance?”
“Hmm. Are you going somewhere with this defense?” Ed asked and I certainly hoped so, looking straight at the judge.
“Advice I would give would be to anyone, yes. At the same time I could see no harm suggesting such, my only objective was to defuse the situation and the crowd cleared.”
“I am sorry about saying that, Trin,” Ella looked at me and I just shook my head.
“Well We’ll let that be then, since apologies were made,” Ed said.
“I was just wondering why the advice to this lady, your honor,” Ella cried a little and I rolled my eyes, watching the questioning. I tried to remain stoic and do my job.
“Hmm, okay. We’ll let it be reworded as ‘would you give the same advice to any woman?’ Which I believe he answered,” Ella said and Ella breathed deeply. “Carry on.”
“Okay my final question, your honor,” Ella said. “You’re a man, Jimmi. You had walked into town and people started attacking you for no reason. Would you have walked away afterwards rather than get your gun out and commit a crime?”
“Thats a hard question to answer Ma’am. Personally I would just leave somewhere people hated me and find a nicer crowd of company. Mr Twain left the area so i guess he is much like me. Other men may not react like that, they could be provoked to drawing guns even with women and children around,” Jimmi replied.
“Defense rests, your honor,” Ella sat and Jimmi went back to sit in the gallery.
Ed asked for the next witness and I took a deep breath, looking for Suzy. I saw her in the back and said, “I’d like to call Suzy to the stand.”
Suzy came forward and was sworn in and I was told to proceed. “Captain, thank you for coming as I know you have a busy job. Can you tell us how you heard about the kidnapping of Lisa?”
“Lisa and TJ were crying about it.”
“Can you tell the court what they said to you?”
“They said Twain had kidnapped Lisa twice. I figured he was just desperate.”
“But you went to arrest the defendant because of Lisa’s statement. Did the defendant come with you peacefully to jail?”
“Yeah he did, after I pointed Buster at him.”
I smiled and said, “No further questions, your honor.”
“Okay then. Defense, cross examine?” Ed asked.
Ella brushed herself down and walkd over. “Howdy Suzy.”
“Hi Ella,” Suzy nodded.
“As you said he came quietly to the jail. Could this be he felt safer in the cells than being out on the street and being stoned to death by a mob?”
“Nah, there aren’t many rocks in the streets around here,” Suzy said.
“Back in my day one rock was enough to kill a fella,” Ed commented.
“Surely not enough big ones to kill someone with,” Suzy said. “He mighta got shot though, but I think he did say he had a real hankering for Lisa.”
I looked over for Twain’s reaction and saw him roll his eyes.
“It was only on the word of TJ and Lisa that you charged my client with Kidnapping?” Ella asked.
“Yup. Most kidnappers don’t have a lot of witnesses.”
I felt like saying that there were plenty of witnesses and they had a reason to give their statements as they did, but saved it for my closing statement.
“Are TJ and Lisa in your professional judgement reliable honest truthful folk?” Ella asked then.
“Objection your honor, relevance? Whether or not they are reliable doesn’t change the fact that something happened.”
“Nah, they ain’t too bright either. Not smart enough to light a candle without directions,” Suzy said.
“Or honest for that matter,” Twain muttered.
“They could never make up a story like this.”
“I guess we can sustain this one, as opinions really are, well, a matter of opinion,” Ed said.
“No more questions, your honor,” Ella said and went to sit down.
Suzy stepped down and Ed asked if I had any other witnesses but I said that I didn’t. Ella called up Twain as her first witness and he was sworn in.
“May I say a few things in my own defense?” Twain asked.
“Would you be okay with that attorney?” Ed looked at Ella.
“Yes your honor. Twain, you may speak,” Ella nodded.
“I’m new in town and not that pretty looking,” Twain started with a smile. “So when the kids threw rocks at me I was not surprised. As miss Suzi said there are not usually witnesses to a kidnapping because you’d have to be a fool to try to kidnap someone with all the town around which there was that night. Also... TJ and Lisa were right there together. I was asking them as a new guy knowing that they are getting married if they wanted to come with me so I could buy them a drink... if I was trying to kidnap them I would have had my gun out which I did NOT. Miss Suzi left out that TJ was so angry with me for the misunderstanding that he shot me down. But he was not taken in. All them folks in town out there and I’m going to try to kidnap Miss Lisa? without my gun out? and tell her I want to take her to Arizona where we already are?! No. I was just asking both of them to have a drink. Period. Misunderstanding. Thank you.”
“Hmm, okay. Any other questions for them defense?” Ed asked.
“No more questions, your honor,” Ella nodded.
“Very well. Prosecution. Cross examine?”
“No questions,” I shook my head. There was no point in cross-examining the outlaw witnesses... I knew that they would just continue to weave their web of lies as much as they could.
“Okay then. You may step down,” Ed said and Twain did so. “Any other witnesses defense?”
“No more, your honor,” Ella said.
“Okay. Then it’s onto....closing statements! Prosecution, you’re up,” Ed instructed.
I walked up and went over to the jury, smiling at David and Starling. “Ladies and gentlemen, you have heard from statements by the victim, a ranger, and a judge describing the scenes of the defendant’s crimes. In each of these statements, multiple witnesses are listed. These three statements are reliable and valid in the court of law. The victim has no reason to lie about such ordeals, especially with the witnesses present. I ask that you, the jury, hold them in high regard in determining that Twain Orfan is indeed guilty of the crimes he is being charged with.”
I sat down and Ed instructed Ella to give her closing statement. “Ladies and gentlemen of the jury, we have a disagreement in prosecution statements: Lisa saying to take him out and shoot him but Jimmi saying give him a chance and take him on a date. Poor Twain here was shot, verbally abused, beaten, falsely accused of a crime... All because he was a man wanting to date all the nice ladies in town.”
“Obviously no one told him about Dutch Annie’s,” Ed muttered and I chuckled at that.
“If that is the case, asking ladies for a date is kidnapping, then I should of asked for a dozen men to be charged with kidnapping... This is how silly that is here,” Ella continued. “I rest, your honor,” she smiled and sat.
Ed invited the jury to go into the chamber and discuss their verdict. We waited as they deliberated and then they came out to declare, “We find the defendant guilty as charged!” I smiled at the victory and walked upstairs, getting ready for the next trial in just over an hour. I had no desire to meet up with Ella after court and new that the next trial would be a big one.
***
Before the trial for the Apache chief, there was a search for a prosecutor and a judge. I knew that I couldn’t be prosecutor because I had helped the defense side. I went to sit on jury, having a fully-rounded understanding of the case. We waited for Suzy to show up to be prosecutor and then the proceedings began.
“Very well, Lawyers are you satisfied with the finest Jury Tombstone can offer?” Jimmi asked the lawyers and they approved it. “I will have silence in this court while we here the case of Apache Chief Wijaya of the White Mountain charge with the murder of Miss Vena on January 29th of this year. Defense, how does your client plead?”
“He is not guilty your honor,” Lot replied.
“Not guilty. Very well. First I will address the jury. 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. This court is now in session,” Jimmi rasped his gavel on the desktop.
“Every dang time,” I muttered as the sound made me jump.
“We will now hear the opening statements. Prosecutor, you may approach the Jury.”
“Good afternoon men and women of the jury,” Suzy greeted us. “Today we are here to hear the case of another outrage on our community by the bloody-minded Apaches.”
“Objection,” Lot said and I chuckled that he was objecting already.
“Many of you recall a few months ago they attacked our town in force burning and killing,” Suzy went on.
“Please direct her to rephrase showing no malice,” Lot requested.
“You are objecting to the opening statement, Mr. Lot?” Jimmi looked at him.
“Grounds, Mr. Lot?”
“No matter,” Lot waved his hand about.
“Please continue, Prosecution,” Jimmi instructed.
“Again,” Suzy went on, “We have an outrageous, unprovoked attack on the town where a doctor was murdered when helpless and in cold blood. This must end and if we hang this man, it will. Find him guilty and hang him.”
Suzy sat down and Lot stood to give his opening statement. “Ladies and gentleman of the jury, once again, my esteemed colleague has show she suffers from foot in mouth disease. She would have you deem this man guilty, when in fact, you will find today, that he acted within the bounds of the law. I would firstly like you, the jury to be aware of a case Beard v. United States, No. 542, Submitted March 13, 1895, decided May 27, 1885, 158 U.S. 550. The man was accused of murder, he killed someone who was harassing him over a cow no less. He was found not guilty under the Castle Doctrine, a law now known as The Stand Your Ground law. In essence the law states, ‘This section includes the use or threatened use of physical force or deadly physical force in a person’s home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.’ Please keep this in mind as you listen to the evidence presented to you today.”
As he sat down Jimmi said, “Thank you Mr Lot, you have also proven that you actually do read books.”
“Indeed, sir,” Lot nodded and I smiled at that.
“Prosecutor, please call your first witness.”
“We call Miss Paisley,” Suzy said. Paisley was sworn in and then Suzy began her line of questioning as Lot continued to complain about the uncomfortableness of the seats in the courtroom. “Please tell us what happened on the day leading up to the murder of Doc Vena?” Suzy requested.
“Of course... There was a group of us outside Kate’s,” Paisley started. “We were talking and I noticed the Chief and his family approaching from down by the bank. Then I heard Miss V come from the other direction and greet he Chief and his family. Right away she was impolite to them.”
“What did she say? Was she friendly?”
“She called the youngest a critter asking his wife ‘Is that a critter on your back?’ I was quite surprised.”
“Why is that?”
“She then continued with the insults.”
“Such as?”
“She asked the Chief if he was a man or woman,” Paisley said and I blinked at that, “Commenting on the markings on his face and his long hair.”
“She could have been confused,” Suzy said.
“Mr. Norwood tried to get her to stop, but she did not,” Paisley continued.
“Okay then, did she draw a gun or make any threats?”
“She did go for a gun,” Paisley nodded.
“Did she draw it?”
“It was after the Chief did.”
“Oh, the chief drew first?” Suzy looked shocked.
“Miss V went for hers first.”
“Ah okay.”
“I saw her hand.”
“Then what happened?”
“Chief went for his.”
“Then he shoot her?”
“I saw an arrow hit Miss Jessie and the two of them went running in the street.”
“Oh, what was Miss Jessie doing?”
“Objection!” Lot called. “Relevance!”
“I then saw Miss V on the ground,” Paisley continued. “Miss Jessie was just standing next to me.”
“Objection raised,” Jimmi said.
“Miss Jess can squat on the outhouse for all we care, it has no bearing on this case,” Lot said.
“I would like to know what miss Jess was doing to earn an arrow shot at her - overruled, you may answer.”
“So the chief went on the war path in town shooting people down at random?” Suzy asked.
“Objection!” Lot called again.
“She was just standing next to me. The arrow whizzed past Miss V and hit Jessie,” Paisley answered.
“Objection raised. Grounds?”
“May you please direct Miss Honi to stick to the case at hand?” Lot requested.
“Mr Lot, a fight seems to have occurred, and I think it is relevant to hear this - overruled.”
“Heck, Miss honi gives blondes a bad name,” Lot muttered.
“Ok so the chief wounded Jessie who was doing nothing to provoke him and shot Doctor Vena?” Suzy asked.
“Then I will continue to object, since the report from the law indicates no such thing, so everything from here on is is conjecture, when you yourself stated we will look at facts,” Lot said.
“We are getting the facts from the witness,” Suzy said.
“Miss V was between Jessie and the chief,” Paisley answered.
“Ahh okay, so wildly scattered arrows flying around.”
“It hit Miss V and hit Jessie.”
“We are hearing sworn testimony Mr Lot,” Jimmi reminded him.
“Did Doctor Vena ever draw her gun?” Suzy asked.
“Yes.”
“After the chief started propelling arrows in the streets?” Suzy clarified.
“She went for her gun first.”
“How do you know she went for her gun first? Could she have maybe been trying to scratch her side?” Suzy asked.
“I saw Miss V’s hand on her weapon before the Chief touched his,” Paisley said.
“Prosecutor, you coming to a close now with your witness?” Jimmi asked.
“Did she say, ‘I’m going for my gun? I’m gonna shoot him?’”
“I had a clear view of Miss V and the Chief. I saw her hand move and touch her gun. No words were needed.”
“Ok so she didn’t draw then. Okay, thank you. We are done with this witness,” Suzy said and sat down.
“Thank you Prosecutor. Mr Lot, your witness.”
Lot stood and walked over to Paisley. “Since Miss honi has thoroughly confused everyone, i will ask you just two questions. Who started the provocation between Wijaya, and Miss V?”
“Miss V.”
“And who went for their weapon first?”
“Miss V touched hers first.”
“Thank you, no further questions.”
“Thank you Defense, the witness may step down,” Jimmi said. “Prosecution, your next witness please.”
“We will read the report of Marshal Kris into the record,” Suzy said and read, “‘I was in town when a witness informed me that she saw the defendant scalp doc V. While she filled out a statement I formed a posse and went out to apache land after the witness filled out a statement. Once there I ordered the Apache Chief to surrender and he made threats before shots rang out. I was hit with a tomahawk and the Chief was shot we were taken to the docs and treated’.” When she was finished reading she said, “So the Apaches come to town murder a doc, wound an innocent unarmed woman and shoot a marshal.”
“Objection,” Lot called.
“Objection raised. Grounds?”
“Once again the prosecution has shown that she is biased,” Lot said. “She said she would read the statement, not add her two cents worth.”
“We have one further surprise witness to call,” Suzy said.
“Mr Lot, you are objecting to the prosecution doing her job? would you rather she defended?” Jimmi asked.
“I would like her to actually do her job, and for you to do yours,” Lot said.
“The Territory calls the boy who was with the chief,” Suzy said and pointed to Little Chief. I backed up a bit, shocked as there were similar sounds of surprise throughout the gallery.
“Mr Lot I give you warning that you insult the Jury to a degree you now insult the Prosecution and me, i will hold you in contempt of court if you continue,” Jimmi told Lot. “Am I clear to you?”
Aleaya stood then and yelled at that, outraged. Several other Natives grumbled and shook their heads at the outrage.
I leaned over to the man beside me and whispered, “Is she seriously calling the chief’s son as her witness to the prosecutor side?”
“My son Little Chief was not there,” Aleaya clarified, her voice filled with anger. “I have my papoose. And my son not speak your language. I will not allow you to do this.”
“Prosecution, please stop,” Jimmi said.
“Yes, well then you may come take the stand, squaw,” Suzi told Aleaya.
“Objection!” Lot called and the murmuring continued.
“Prosecutor, please read the witness statement as it was written,” Jimmi instructed. I gripped Dan’s leg to steady myself, shocked that they were going to use Aleaya’s statement against her husband, instead of as part of the defense as I had intended it.
“She now refers to her as sqauw, and you say I’m insulting the jury. I think Miss Honi is insulting everyone,” Lot stated.
“She was there she was a witness to the events leading up to this horrid murder,” Suzy said and I was shocked, thinking that Suzy couldn’t really be asking the chief’s wife to be a witness against him, was she?
“Were you in the apache village before this atrocity?” Suzy asked Aleaya.
“Jury objection!” Dan shouted from beside me.
“Prosecutor?” Jimmi asked.
“Let the Chief’s woman testify?” Suzy asked.”
“That is not relevant,” Lil said from within the gallery.
“Yes, we will show it is.”
Lot raised his hand then and Jimmi asked, “Are you calling a witness? Or are you reading a statement?”
“She can’t testify against her husband,” Lil stated.
“It is his wife!” one of the Natives shouted.
“They are not legally married,” Suzy said.
“I tell the story. I not lie,” Aleaya said then and I shook my head, looking desperately at Lot.
“The Indian way they are,” Lil said.
“Not by our laws,” Suzy argued.
“Prosector, please return to your seat!” Jimmi instructed.
“You honor, I have a written statement from the chiefs wife, obtained by the pinkertons,” Lot announced. “I think that should suffice.”
“Thank God,” I thought to myself and swallowed hard.
“Prosecutor, you were asked to read the statement of the arresting officer. That means read it word for word. You do not go off calling your next witness while we debate what was written,” Jimmi expressed.
“The prosecution rest to hear the statement from the Pinkertons.” Suzy said and then read a statement, “The Chief and his wife were walking near Kate’s on the walk and stopped. V approached them, and started to talk to them. They greeted each other. V said to Aleaya that she “had a critter on her back”. V asked the Chief if he was a girl or a boy. The Chief said she was insulting his family. Some more words were exchanged, and the Chief told V she had a big mouth. David tried to get V to leave them alone, and then he had to leave. The Chief hoped to catch V in the desert. V said that she was right there. I saw V move her hand to her weapon, and apparently so did the Chief as he reached for and drew his weapon.. They chased after each other after the Chief got off an arrow which hit Jessie who was standing right next to me. He eventually took V’s scalp.”
“Prosecutor, we will go over this slowly and the court will remain silent while it is done,” Jimmi instructed. “Prosecutor, who’s statement is that?”
“That was Paisley. I have no statement from Kris.”
I looked at her confused, wondering why she would read Paisley’s statement when she already questioned her extensively.
“Your honor, I am sure I heard the prosecution say she rests, some time back,” Lot sighed.
“Are you resting or are you calling, Suzy?” Jimmi asked.
“I will rest until we hear the Pinkerton statement,” Suzy said.
“Nice Pinkertons,” I heard Jack say as Suzy sat down, and I winked at Jack.
“Miss Honi, once you rest, you cannot re-enter the trial and produce more witnesses. Do we really have to do your job for you?” Lot asked.
“Mr. Lot... Are you ready to call your first witness?” Jimmi asked.
“May I please read the chief’s wife’s statement to the court?” Lot requested and I sat up straighter, looking over at Aleaya knowingly.
“Mr Lot please continue,” Jimmi nodded as Lot handed him a copy.
Lot began to read from the statement: “My husband was wronged. Our family was said bad things against. She call our papoose, our baby son, a critter. Our papoose not rat. My husband, Chief of tribe, is his duty to protect family and tribe. We just look. We not bother no one. Woman come to us. I back behind husband, I not trust. She say bad things. Then my husband, he need to react. Is the Apache way, not to do this. She put her hand to her guns. Put us in danger and my papoose. Left Chief no choice but attack. “Dago te”, I say to her. She make fun of language. My husband try tell her. She not like this, so this all happen. We just stand quiet and look. Not cause trouble. So she he no choice, when see she went for guns, to protect us.”
I looked over at Aleaya and gave her a proud smile. Aleaya tried to smile back but I could tell that this was all hitting her and her family hard.
“Any more testimony or witness?” Jimmi asked.
“Due to the clear biased and hostility of this court, I will not have Brother Wijaya take the stand,” Lot said. “No further witnesses.”
“Thank you Defense. Prosecution you may close to Jury.”
Suzy walked over and said, “The chief will not testify because he does not want me to ask him about doing a war dance before coming to town.”
“Maybe we can ask Cheif do do a brain dance on yer behalf,” Lot muttered.
“Or about the many times he has attacked the town and the fort without provocation,” Suzy went on. “He not only shot the person who he thought in his demented injun mind was a threat to him but an innocent woman who has never harmed anyone. These vicious attacks must be ended and you can end them by sentencing him to hang for murdering and mutilating a kind doctor who has healed many here. Find him guilty. End this.”
“Thank you, Prosecutor. Mr. Lot, you may close to the jury.”
“Firstly, my juror, I hope I have not insulted yer intelligence at any stage during this proceeding. I remind you of the Castle Doctrine that I presented at the beginning of the trial. Under the Castle doctrine, in Arizona, a person is legally able to in the face of an attack and is under no obligation to retreat prior to using deadly force in self defense. The facts of the case were really very simple, Miss V was the one who initiated the insults, she was also the first to go for her weapon. With those two things clear, Wijiya was acting within the scope of the castle Doctrine, he was able to respond with deadly force. I am confident you will all come back with a NOT GUILTY verdict.”
Jimmi thanked him and invited the jury to gather in the chamber. When we were seated there, I asked, “Do we have a foreman?”
Mysti took a deep breath and said, “To me it’s quite simple... Self defense. You be foreman, Trin?”
“Sure. I take it you vote not guilty, Mysti?” I looked at her.
“Damn straight I vote not guilty,” she nodded.
“What a crazy trial,” Muriel said.
“I need to say this first,” Dan said. “First off, Lot’s Castle doctrine is out of order. The Castle doctrine only refers to homelands.”
“I vote not guilty as well. That’s 2-0 not guilty,” I said and looked at Dan, “Either way, the Apache Chief was acting as any other Apache father, or heck, white man father would.”
“I have never seen such hatred by a prosecutor,” Muriel commented.
“As I said, only refers to homelands,” Dan said.
“He was protecting his family against insults and a woman going to her gun,” I argued.
“What if we went on their land and called them names?” Sommer asked.
“But he scalped her,” Bree said.
“And he hurt Miss Jess,” Sommer added.
“He did,” Bree nodded. “After she was dead.”
“So you say not guilty Sommer?” Mysti looked at her.
“However this is a clear cut case of self defense,” Dan said.
I nodded and asked, “So what do you think, Dan?”
“Well I think not guilty... except for theft.”
“4-0 not guilty,” I continued to count.
“I was hearing she also hit by arrow,” Bree said. “I cannot fairly say he not guilty I agree with part not all.”
“We’re a jury of six... We already have majority,” I said.
“On theft, I say guilty,” Dan said.
“Jess, what do you say?” I asked her.
“Let the bugger go,” Muriel said.
“The charge is murder,” I reminded Dan.
“Not guilty,” Jess answered.
“5-0 not guilty.... Muriel you say not guilty as well?”
“I have about six times,” she said.
“Well, we can’t just let him walk away?” Dan looked around.
“We’re all in agreement then?” I asked.
“No one are about V being scalped? Was terrible,” Bree said. “Must pay someway.”
“Are we good to go?” I looked around.
“No one care to listen,” Bree said.
We walked out to the courtroom and Jimmi instructed, “Members of the Jury, would your foreman please stand and give your verdict.”
“Yes your honor. We find the chief not guilty of murder as it was self defense in protecting his family against a woman obviously intent on harming them.”
There was cheering in the courthouse and I breathed a sigh of relief, feeling a somewhat personal sense of victory this time, even though I was just on the jury. I walked over to Aleaya and reached out to shake her hand.
Aleaya took my hand and leaned in to whisper, “Apache thank you. I thank you for your work.”
I nodded and hugged her tightly, “It is my pleasure, Ma’am.”
Smiling at the chief who was busy in conversation with Lot, I walked out of the courtroom and headed home.
No comments:
Post a Comment