Tombstone.
After receiving a telegram that there would be court today, I went to the courthouse and took a seat in the front row. I pulled out my notebook and started to write details on the paper while I waited, but then Jimmi and Starling came in and it appeared that Starling would be doing the clerk job. Ella came in to be the defense attorney for Jewel who arrived shortly after her. David arrived to take the position of prosecutor and then Jimmi called for a jury. I walked over and sat in the jury bench and waited for trial to begin.
Sam came to sit on the jury as well as two other men I didn’t know. When everyone was ready to begin, Jimmi rasped the gavel against the podium and began the proceedings. The sound made me jump, as it does every time, and Jimmi announced, “This court is now in session.”
“Every bloody time,” I muttered as I jumped and I heard giggling from the gallery at that and saw Starling smiling at me.
“The accused will rise,” Jimmi announced and Jewel stood. “Accused Miss Jewel James, you have been charged with the following offense of Arson. Defense, how does your client plead?”
“Not guilty, your honor.”
“You may be seated,” Jimmi nodded and she did so. “Plea of not guilty has been heard. We have a trial. Prosecution you can open to Jury.”
“Thank you your honor,” David said and stood, walking over to the jury bench. I smiled at him, thinking about how far he had come and couldn’t wait to see him in action.
“Ladies and gentleman of the Jury I am here today for the great town of tombstone to prove that Jewel James committed an act of arson at the court house steps. I ask that you listen to the testimony very careful and consider all the information that I will present here today. You will no doubt find Miss Jewel GUILTY as charged. Thank you,” David said and went to sit back down. I blinked at the words ‘at the court steps’ and leaned forward, my interest being officially perked.
“Thank you Prosecution. Defense, we will hear your opening statement. Please approach the Jury.”
“Yes your honor,” Ella stood and walked over to the jury. “Thank you, your honor. Ladies and gentlemen of the jury, thank you for coming this day. My client this day is innocent as you will hear. She is a good lady as you will also find. All I ask is you listen to her side of the events.” She smiled and sat down at her seat and I stifled a laugh, knowing Jewel well enough by now that she was not really a good lady.
“Thank you Defense. Prosecutor, please call your first witness,” Jimmi instructed.
David looked around and then said, “Your honor ladies and gentlemen of the jury, Deputy Devin has been called away on urgent business and I would like to respectfully submit his statement if I may do so, your honor.”
“Proceed. Jury will note that a sworn witness statement is as good as the author being here to give testimony.”
David pulled out the statement and read, “The witness statement of Devin Daudurburgh
Deputy of Tombstone. Dated the 14th of January. Deputy Devin reports the following: I was walking through the Court House to drop off some papers. When I got to the front of the Court House, I saw both Jewel James and Miss Lilly Cross starting a fire in the middle of the floor. I gave warning and pulled my guns to shoot to kill arsonists. But they had quickly run out the door and left the fire for me to put out.” He looked up from the paper and said, “I must note your honor Miss Cross has not been obtained for trial. He goes on to sign the document.”
“I understand she will be here for her trial tomorrow. for now we will continue with this charge on Miss Jewel,” Jimmi said.
“Yes your honor, of course.”
“Do you have any further statement or any witness for the stand Prosecutor?”
“Sir I believe the witness statement of our valued law official is sufficient.”
“Thank you Prosecution,” Jimmi said and I smiled in agreement. “Defense, you may call your first witness.”
“Yes your honor. May I call Miss Jewel to the stand, your honor?” Ella stood.
“Miss Jewel, please come to the stand, Bailiff please swear the witness in,” Jimmi prodded Kris who had arrived late but he wasn’t paying attention so he proceeded to swear her in.
“Miss Jewel can you recall events that happened on the 14th of January?”
“Well I was showing my friend Lilly the court house as she is still new to the town and wasn’t sure where it was. So I showed her and we went inside to have a look around when I needed a smoke. So I lit up my cigarette and was about to put out the match when Devin came out of nowhere and startled me by shouting, causing me to drop the match and the place to go on fire. So you see it was really an accident. I ain’t no arsonist,” she looked at the jury and smiled.
Ella seemed to ponder that for a second and it appeared she hadn’t been expecting that kind of story from Jewel onn the stand.
“Any more questions, defense?” Jimmi asked eventually.
“While you was in the court room, did you talk about anything?” Ella asked Jewel.
“We didn’t get a chance to there was something private i needed to say but Devin came and drew his guns on us so we ran in fear for our lives.”
“Last question, your honor. When did you first know the deputy was in the room.”
“When he started shouting at us. We did’t get a chance to talk to him, he just drew.”
“That is all, your honor,” Ella smiled at Jimmi.
“Very good defense. Prosecution, your cross examination please.”
David stood and approached Jewel. He paced around in front of the jury box, his hands clasped behind him. “Miss Jewel you admitted to being at the court house on the day in question and that your lit match had fallen, yet no where in your own statement do you say you EVER attempted to put the fire out. Why didn’t you attempt to put the fire out?”
“Well,” she sighed, “Because like I said before... I didn’t get a chance he drew on us so we ran he wasn’t gonna listen to reason or of course we would have tried to put it out we are upstanding members of the community after all.”
“So you want this jury to believe that a UPSTANDING citizen such as yourself, found it necessary, to run from the law on the chance that he MIGHT not believe you? Miss guilt or innocence is the job of the jury to decide, you simply ran away.”
“Well everyone knows that Devin has a grudge against me, so I knew he wouldn’t believe me if I told him the truth. Plus, the place was on fire. Would you stand around in a burning building trying to talk to someone?”
“Any more questions prosecution?” Jimmi asked.
David was still pacing, “No Miss Jewel I would not ,and neither would a upstanding member of the community, I would not simply stand around, I would at least TRY to put the fire out something your own statement says you Miss Jewel DID NOT. No more questions your honor.”
“Thank you Prosecution,” Jimmi said and David walked back to his seat, his head held high. “The witness may return to her defender. We will now hear the closing statements. Prosecutor, you may approach the Jury. Just before you start, Prosecution. Defense, do you have any further witness?”
“No your honor.”
“Prosecution, closing please.”
“Thank you, your honor,” David walked over to the jury box, making eye contact with each of us. “Ladies and Gentleman of the Jury you have heard the statement from Deputy Devin respected lawman ,and from the defendant Miss Jewel that in her own words places her at the court house and at the time of the fire as well as admitting it was her match that started it. I ask you that for the good town of Tombstone. Miss Jewel MUST be found guilty on the charge of arson, thank you.”
“Thank you Prosecution. Defense, closing to Jury please,” Jimmi requested.
Ella stood and walked over to the jury. “Ladies and gentlemen of the jury, you all know how the gossip train is in Tombstone. Miss Jewel was going to talk in the courthouse while no one was around. We all know lawmen can go on the wide path to hell and turn bad, and I know as a lady, I hear a gun going off and no call before hand, I would be scared and run out and forget what I was doing, like my friend here, Miss Jewel. It was just an accident. She was so scared she did not know what was happening. I beg you all to find this good lady behind me not guilty.”
She went back to her seat and the jury was asked to go to the chamber and discuss the verdict. I followed the other three men to the room and we sat down at the table.
“Okay you want me to be foreman?” Sam asked.
“Sure,” I nodded. “Let’s get this thing rolling.”
“I vote not guilty,” Sam said.
“I say guilty. David had a better case and presented it with confidence,” I said.
“Hmmm she certainly made a good point. I believe arson requires malicious intent. I didn’t hear anything to convince me it was anything but an accident like the defence said,” the other man said.
“Accidents happen, yes,” I nodded, “but I still say guilty. The lawman has no reason to lie in his sworn statement.”
“One guilty and one not guilty,” Sam counted.
“I vote not guilty,” the man said.
“One guilty and two not guilty,” Sam nodded.
I looked to the fourth man and asked, “What do you think, sir?”
“Not guilty.”
I sighed a bit, seeing I was defeated. “Let’s go tell them,” Sam said and walked out of the chamber.
We announced the verdict of ‘not guilty’ and I walked out of the courtroom, frustrated at the lack of justice and at how gullible people seemed to be in listening to an outlaw’s testimony.
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