This morning I walked into town and waved to Dee on the balcony of the courthouse. “Morning, Dee!” I called up.
“Mornin’ Trin!” she looked over the balcony edge.
“You heard from Ansar yet?”
“Yeah, he finally showed up in town last night.”
“Oh, that’s a relief.”
“Yeah, good to know he was alright.”
“Indeed. I’m hoping to talk to him today at some point about the trial tonight.”
“Ah yes, I’m sure he can be available for it.”
“Everything’s planned but that part and I’m still pretty nervous. But I guess it’s the first time so I’m allowed,” I winked at her.
“Sure is,” she laughed. “I still get nervous at times and I been here for a while.”
“Well I should get to work then,” I smiled. “Wanted to make sure he was alright.”
“You take care.”
I walked back to town and went over the notes for the trial for that night.
***
A couple hours later I walked through the streets and saw Jimmy and Starling Rubble in front of the general store. “Howdy folks,” I greeted them.
“Oh, hello Trin,” Jimmi greeted me.
Starling put the top back on her canteen and put it back down on the wagon’s floor. “Hello Trin.”
“Everything alright?” I asked, seeing that Starling looked tired.
“Sure is. How are you this morning?”
“Nervous as heck. I have my first trial tonight.”
“You representing? Or accused?” he smiled.
“I’m prosecuting,” I chuckled.
“Whose trial?”
“Serenity. Should be cut and dry but I’m still nervous. Been a while since I’ve done this. Everything’s prepared though.”
“Ah yes, Miss Serenity. She came looking for me asking for help.”
“How are you two doin’?”
“Well, we are doing quite well thank you.”
“Glad to hear that.”
“Got some groceries, just need to get the meats back before we go to the bank and help the payroll.”
“Sounds good,” I nodded, noticing that Starling was staying quiet. “I’m just wanderin’ around tryin’ to clear my head.”
“Your first trial...”
“Mmhmm. Around here anyway. Second over all.”
“Well don’t worry, we won’t eat you. The jury may though.”
“Course that one... didn’t even have to give my closing statement ‘cause the defendant was lying and withholding information from his own lawyer,” I chuckled. “Also helped that most of the jury
disappeared and the only one left was the defending lawyer’s wife.”
“You did a trial yesterday?”
“No sir, this happened months ago.”
“Ah.”
“Back in Colorado where I came from. “Judge said ‘I’ve heard enough. He’s guilty.’ Didn’t even let me give my closing speech,” I winked at him.
“Well that kind of thing wouldn’t happen here. A judge closes a trial before all is heard. That judge better be quick on their feet. They have their court working over there?”
“In Colorado?” I shrugged. “Who knows anymore. I left that all behind when I moved here. I like what I see of the court system here, and that it’s regularly scheduled every week.”
“We have a lot of bad boys to jail here.”
“Ain’t that the truth,” I nodded. “And bad women. Well I’ll let you two go about your day. Good to chat again,” I smiled to them both.
“I hate to see bad women, very sad. You keep safe Trin and good luck with your trial.”
“Thanks Jimmi. Take care, Starling,” I waved and turned towards town again.
***
“Trin,” Richie greeted me. He was sitting in front of the saloon beside Libby and I walked over, smiling to him.
“Hey there, darlin’! Afternoon Libby.”
“How are ya?” Richie asked.
“Nervous as heck. How are you?”
“Howdy there Trin... Why Nervous?” Libby asked.
“My first case is in an hour.”
“Ohhh! Well I’m sure you’ll do great...”
“Thanks hon. Should go okay though you never know ‘round here.”
“My back’s a hurting, Trin,” Richie complained.
“Oh is it? How’d that happen?”
“I thank I hurt it packing off all my winnings from Poker last night,” he slapped his knee with laughter.
“Uh huh. I had that game in the back of my pocket,” I chuckled and Libby shook her head with a laugh. “Then you came from behind.”
“Until... I picked it,” Richie said.
“Well you’re the only man I’ll let put his hand in that pocket,” I winked at him.
“Shall we go to the bakery and have a cup of coffee?” He suggested. “I’ll even let you buy.”
“You’ll let me buy huh? I could use a drink... It’ll help me calm down before court.”
He reached out his hand and I chuckled, reaching my hands out to take his, helping him up out of the chair as he groaned about the pain. I wrapped my arms around him. “Oh, it can’t be that bad.”
“Had to bury my winnings in three spots so yeah it’s hurtin’ good.”
I chuckled and waved to Libby as I followed him to the seats in front of the Epitath. I went into the hotel and got us a couple of coffees from inside before coming back out. As I set the mug on the table I leaned over and kissed him before sitting down.
“Well you’re right handy,” he snickered.
“There’s a reason ya keep me around, huh?” I smirked.
“I’m guessing they must be...”
I chuckled and asked, “So what’s been goin on in town today? I’ve been in my office gettin’ ready for this here trial.”
“Don’t know. They court case going on. Don’t even remember who now. Then calvary come in try to get Punk. It was mess.”
“Try to get Punk?” I looked over.
“They was gonna arrest him fer something... then he broke loose and went a’running.”
“Arrest him for what?”
“Never heard tell of any.”
“Hmm... Strange.”
“They just said he was under arrest while he was in the jury box even.”
“Wow... Wonder what that’s all about.”
Richie shrugged, “You know me. I keep out of others’ affairs.”
“Except when ya just watchin’,” I chuckled.
“Well damn, never any law around when you need them!” I heard Ali shouting from the sheriff’s office across the road.
“What’s wrong Ali?” I called over.
“Is that you, Trin?” she called back.
“Yes ma’am. What you goin’ on about no law for?”
“I need to speak to someone. Anyone in law.”
“Do I count?”
I saw a man look over to the bank and grinned, and I sighed, knowing that Ali announcing that there was no law gave people an open door to do whatever they wanted.
“Don’t know that ya can help me, but I reckon I can tell ya in case ya see one.”
“Well we’re over here by the news office. Come talk to me.”
“Calm yourself, Miss Ali!” Richie called over to her.
Ali rode over on her horse and I asked, “What’s goin’ on?”
“Ya hear that law be wanting to arrest Punk in court today?”
“Just did, yep,” I smiled at Richie. “Some soldiers it was?”
“What were the charges against him?” Richie asked.
“I perhaps know where he may be. However, I would like to know what his charges are before I send word to him.” A native man came over and greeted Ali, and I could tell he was interested in the conversation. “They did not tell him any charges.”
“Well that ain’t right,” I shook my head.
“I didn’t hear any,” Richie put in.
“Criminals have the right to know what they did, whether they’re guilty or not. I’ll see hat I can find out after the trial tonight.”
“Well, they come to arrest him while he was sittin’ on the jury. They gave him no charges of why he was being arrest so he fled the courtroom,” Ali explained.
“That man can run...” Richie said and Ali laughed with a nod.
“That boy’s got a death wish,” I sighed and the native nodded affirmatively to my point.
“I don’t know, he might be able to out a run a bullet.”
“I reckon they may have thought was safe to arrest him in the court as ya cant have weapons in there,” Ali put in.
“He’s fast,” Richie added.
“Who else might know about this? Who else was on the jury?”
“I don’t know who all sat jury. I stood up and left in disgust. That fella deserved to know what he was wanted for.”
“I agree,” I nodded. The native looked down then and I looked over at him. “You know something?”
“Mahko not know anything,” he looked at me.
“You looked down when I asked who knew something.”
“Mahko was not...knows nothing,” he shook his head.
I shrugged and continued drinking my coffee. “Who specifically tried to arrest him, Ali?”
“Ansar.”
I raised an eyebrow at that, looking over at Richie with worry as I set my coffee cup down on the table slowly.
“If anyone sees law can you please let them know I’m looking to speak to someone?” Ali requested as Twig came over. They had a conversation about pregnant women riding horses and how it was different in native culture.
“They’ll be at the trial in less than an hour, Ali. I can tell you for sure Ansar will be at the trial at 4 but he’ll be focused on the case I’m sure.”
“I don’t want to bother court.”
“Well then ya might want to wait ‘till afterwards. Just sayin’ , hopefully he’ll be around.”
“I will wait and send word hoping it will get to Punk.”
“Well get down off that horse and fill my cup...” Richie snickered.
“You’re relentless,” I chuckled at Richie.
“I best be getting home before Gabe returns. You all have a good afternoon,” Ali said and rode off.
“So are you going to win in court, Miss Trin?” Richie asked me. The native man and Twig both said “Yadalahn” to Ali and he looked with confusion.
“It’s Apache for ‘goodbye’,” I explained for him.
“Ohh well I knew that... I mean everybody knows that... But me,” he chuckled.
“That’s why ya got me, darlin’.”
“Nope I need you and gave to keep my bank roll growing.”
“Sure darlin’,” I laughed. “After court will go play another round and I’ll win my money back.”
“Not sure where and all I buried it,” he scratched his head.
“Uh huh,” I giggled. “Convenient.” After some time I said, “I’m gonna head over to the courthouse in about fifteen minutes or so.”
“You reckon you can help me with the walk?”
“From here to the courthouse?”
“Just looks like short walk because the building is so big,” he looked over.
I chuckled and reached over to take his hand, helping up. “Come on, you,” I wrapped my arm around his waist as we walked to the courthouse together. I shook my head and lead my way into the empty courtroom. “I must be crazy for takin’ this job again.”
Richie went up to sit behind the judge’s bench and I chuckled. “Just what do you think you’re doin’?”
A man walked in that I didn’t recognize and I said, “Afternoon, Sir.”
“Can’t a feller explore?” Richie asked innocently. “May wanna be judge one day.”
“Howdy,” the man said and walked over to me.
“Trin Paige,” I held out my hand. “Prosecuting attorney.”
“Ed, attorney in general,” Ed nodded.
“Good to meet ya, Ed.”
An old man walked into the courthouse and I wondered if I’d seen him before. He greeted Richie and talked to him, only passing a glance in my direction as I sat at my desk.
“Guess we’re a bit early,” I said to Ed.
“Better early than late,” Ed smiled.
“Or not here at all,” I nodded.
Dee walked in and I waved to her as she greeted me and the defense lawyer. Serenity walked in then and greeted her lawyer. People started to file into the courtroom and took their seats before the court began. I grew more and more nervous as the old man continued to cause a scene. Soon a soldier named Shane walked in and claimed he had a warrant for the old man, who then disappeared out of the courtroom. Ansar walked in then and ran after the old man with the soldier. I sighed, hoping Ansar would be back in time to be a witness for me.
The judge named Angeles walked in then and we watched as Shane and Ansar dealt with the old man in the back of the courtroom. Meanwhile, the jury bench remained empty and I wondered if there would be anyone participating or if we would have to call a mistrial. Ansar walked back in and I sighed with relief. The old man returned into the courthouse and introduced himself as John Colt.
When there were finally enough members on the jury, Angeles welcomed everyone to the courthouse. “Good afternoon, I am the Judge Angeles today for this trial. Members of the Jury. Thank you for offering your services to the court for this trial. Prosecutor and Defence, I trust you are both satisfied with the Jury?”
I nodded and Ed said, “Looks good to me.”
“Will the defendant please rise?” Angeles requested and Serenity stood. “You have been charged with the following crimes Shooting Law without Killing and Robbing Bank, what is yours plea?”
“Not guilty, your Honor.”
“We will now hear the opening statements. Prosecutor, you may approach the Jury.”
I stood and walked over to the jury, “Thank you, your honor,” I smiled at the judge as I passed her. Looking at each of the jury members, I began my opening statement. “Ladies and Gentlemen of the jury, Judge, citizens of Tombstone... This week two lawmen were caught up in an argument between three ladies at the bank. The argument turned into a gunfight and both lawmen were taken down in the fight. There isn’t much argument at what happened that day, and there should be no confusion when hearing the reports of the incident that Serenity Graves is indeed guilty of the charges placed against her.”
I sat back down and the judge said, “Thanks, now defence, we will hear your opening statement. Please approach the Jury.”
“Good people of the jury, I know how this will sound. A typical bank robbery, right? But I tell you this wasn’t a bank robbery. This was a series of tragic events that each escalated the situation until the horrible results you will hear about shortly came to pass. My client was one part of that series of escalation, but in no way at all was she the cause. Nor should she be found guilty of the results. Thank you,” Ed said and went back to sit down.
“Thanks, please Prosecutor you have any witness or report for this trial?” Angeles looked at me.
“Yes ma’am,” I nodded.
“Proceed.”
“I’d like to call US Marshal Ansar forward,” I stood and walked over to the witness seat as Ansar made his way to the front and placed his hand on the Bible given to him by Angeles.
“You swear said the true in your testify?”
“I swear,” Ansar nodded.
“Proceed, prosecutor.”
“Thanks for coming today, Marshal,” I said and he nodded. I looked from Serenity back to Ansar and asked, “When you overheard the accused and her sister arguing with the banker, what were they arguing about?”
“Money.”
“Were there words exchanged right before the accused took a shot at you?” I asked and smiled hearing that the banker had entered the courtroom.
“Lets see, I don’t recall the exact words she said... But she did draw on me.”
“Did you see the accused pull the trigger on you when you were shot down?”
“If you are asking if she shot me, then yes she did.”
I nodded and then continued, “Did the accused put up a fight when you arrested her for shooting you?”
“After I found her again, no. I believe she knew she was caught and gave up to pay the bail for herself and her sister.”
“After you found her?” I clarified, looking to the judge slightly.
“Well she took off after shooting me. I had to go look for her.”
“And then when you did, she didn’t resist arrest?”
“No, but again like I said. I think she knew she was caught.”
I nodded and looked to the judge. “No further questions, your Honor.”
“Thanks, your turn defend please,” the judge looked to the defense as I went to sit back down.
Ed approached Ansar and began his cross examination. “Sir, as a lawman I’m sure you’re something of an expert in how the mind works in stressful situations. Is that a safe assumption?”
“No, I can't tell you what she was thinking. I can only guess.”
“But, in general, you know that if two or more people are arguing for a prolonged period, no matter what about, things tend to grow heated. Correct?”
“They tend to, that’s correct.”
I wondered how this was an argument for defense but stayed quiet as Ed continued. “So, isn’t it a possibility that, upon your arrival, the situation had grown heated already, and that, when a shot was heard, they assumed that they were being attacked and simply retaliated? Isn’t that at least possible?”
“Objection, your honor. Speculation,” I spoke up.
“Your honor, I’m merely trying to reach the truth,” Ed argued.
“Sustain, defend, just one thing since i am lawmen too, we not read mind we just watch the situation and acting like we do trained for our work.”
I smiled at the judge and looked to Ansar as he continued to speak. “Being a lawman as I am. Your client drew on me. I asked her to put her guns away and yet I was shot for it. How is this simply retaliation?”
“Okay then, let me ask it in a way that pertains directly to the law. If you’re engaging bandits, and it’s a heated situation, then you hear a gunshot, are you going to wait until you see the lead flying at you to draw, or are you going to take actions to protect yourself? Hasn’t that happened before, the law reacting to a gunshot and firing on the suspects?” Ed asked then and I saw the judge raise an eyebrow at him.
The jury members began chatting with each other and I wondered why the judge wasn’t saying anything. Finally she said, “Silence, please,” and the jury grew quiet.
“It’s the law responsibility to protect people and those around them,” Ansar told Ed and I nodded in agreement.
“But it has happened, correct?”
“They are law. It’s their job to protect.”
Ed looked to the jury and asked, “Ladies and gentleman, the question is simple and is part of basic human society. In a stressful situation, if you hear a gunshot, couldn’t it be said that attacking those you perceive to be attacking you is defense?”
“Defend, you have your time for talk with the Jury again when doing your closin statement,” Angeles warned him and I sighed at the questioning of Ansar’s judgment.
“Very well. Only one more question,” Ed said. “The argument was over money. They thought they weren’t given enough and the teller thought they were. Haven’t mistakes like that happened in the past, and couldn’t they lead to a very tense situation?”
“Objection, speculation again, your honor,” I raised my hand.
“This is relevant to the case.”
“True, if that it's your last question please back a your seat Defend.”
“Still speculation,” I muttered.
“Very well,” Ed nodded.
“The argument was over a five cent coin that the client admitted to me that they got from the banker. Their business there was done,” Ansar replied and I smiled at his answer. I looked over to the defense and saw Serenity shaking her head.
Ed walked back to his seat and the judge asked, “Prosecutor other witness or report?”
“I have a report to read actually,” I stood and pulled out the report.
“Proceed.”
I looked at the jury as I read from the statement. “Bree had the bank open so I went to go check on her. I overheard her say it’s nice to steal peoples money. So I walked away to the Sheriff’s Office and informed Ansar of what I heard. I then told him that I was going to go hold up the post at the undertakers, which I did so I could hear inside the bank. They were bantering back in fourth, Jade, Serenity, and Bree. Finally Ansar walked in and I continued to listen to the banter. I finally saw it was going to go no where, and signalled Bree through the bank winder, I was going to the back door so I wouldn’t spook her. I got my keys and went inside and locked it back and moved into the vault area. About that time Bree opened the employees door, and Jade came back and found herself face to face with me. She ranted a little bit, I asked her to leave she refused, so I drew and fired a warning shoot at the ground. Next thing I know Ansar is telling Serenity to holster it and then more gun shots. Jade and I exchanged lead, I was more confined so she got me down. When I was able to move, I adjusted my mirror to signal fer Law help, by crawling on the roof of the bank, Kris responded, and go to town fast, and got Ansar and me both a doc.”
I sat back down and the judge asked, “Very well, that all or have more Prosecutor?”
“One more witness,” I said.
“Can I ‘cross examine’ this first, your honor?” Ed requested.
“Okay,” the judge sighed and I wondered who he would cross examine.
“Since I cannot actually question the document, without sounding insane at least, I’ll simply point out a key part. The officer in question fired a ‘warning shot’ when not visible by the majority of the people in question. Thank you.”
There was slight laughter in the courtroom as the judge said, “Prosecutor call a witness.”
“I call the banker, Miss Breezes, to the stand.”
“And Defend, the next time I listen from you about the mental state to the lawmen, you being in contempt,” the judge warned and I chuckled softly as I walked over to the stand to question Bree. The judge swore her in and told me to begin.
“The marshal and the sheriff came running when they heard you yelling. Can you tell the court why you were yelling?” I asked her.
“Yes, of course. I was being threatened and they were trying to make her stop arguing.”
“Did you see a weapon on the defendant when she was at the bank?”
“Objection!” Ed called out.
“Yes I sure did,” Bree answered anyway.
“Yes, Defend?” the judge asked and I looked over at Ed.
“This testimony directly opposes the previous statement.”
“Continues Prosecutor.”
“What happened when you refused to give the defendant what she wanted?”
“She pulled her gun and said do go after the money or I shall shoot anyone around.”
“No further questions, your Honor,” I said and went to sit down.
“Your turn Defend,” the judge said and nodded. “Thanks.”
“My pleasure,” I smiled to her.
“How do you explain the fact that the reports never stated anything about drawn weapons, despite your testimony today saying there were?” Ed asked as he walked over to Bree.
“It was first big statement to wrote and I tried to say it all. but I shall never forget,” Bree answered and I smiled.
“So you didn’t get that in, and both lawmen failed to report it too?”
“I swore tell truth and I just did.”
“I see. Well seeing people with drawn weapons in a bank surely is a small enough detail to be overlooked on three reports, so I’ll ask something else.”
“I cannot help what they said or did not. I am telling it!” she raised her voice slightly.
“Did you hear a shot before my client started shooting?” Ed asked.
“No.”
“Ah, okay. No further questions,” Ed went back to sit down.
“Relax Miss Breezes and back to your seat again thanks for your time,” Angeles said to Bree. “Prosecutor?”
“No more witnesses,” I shook my head.
“Well Defend...” Angeles looked at him.
“I would like to call....my client!”
I chuckled and thought to myself, ‘This oughta be good.’ The judge swore in the defendant as she approached and I watched closely as Ed began to question her. “Ma’m, can you tell us why you were in the bank on that day?”
“We were attempting to make a withdrawal. In the heat of the moment, it appeared to us that we had been short changed. We weren’t being unfair, just looking to get what we had in our account.”
“I see. So an argument ensued over a simple error, causing tension?”
“She stated that she didn’t give withdrawls to us. My sister got a little upset, because it was money from our father. He’s getting old, we take those gifts seriously.”
“And what was your thought when being confronted by the officer on what, at the time, must have
seemed a bank error?”
“They seemed to be quick to judge that we wanted to take what wasn’t ours. They seemed hostile, and as the report said, the sheriff shot at us first.”
“Objection, your honor. It was a warning shot to the ground,” I stated.
“Sustain,” Angeles nodded.
“But my client didn’t know that your honor!” Ed argued.
“Continue.”
“Okay, let me ask you this: Did you know it was a warning shot, or think you were being shot at from behind?”
“I can only be so safe around these parts. If you hear a shot go off that close to you, there’s no telling where it’s aimed, especially in a small place such as the bank lobby. I didn’t know what the shot was for.”
“And was there any verbal indication that this was a warning shot that you heard?”
“None. The sheriff and my sister were in a heated argument. It could have been a way to stop her.”
“Objection. The report was clear,” I shook my head.
“Okay. Thank you. No further questions.”
“All yours Prosecutor.”
“No questions, your honor,” I shook my head, knowing there was no point in questioning the defense since she would just lie anyway.
The judge indicated for Serenity to join her lawyer again and invited me to approach the jury to give my closing statement. I smiled and went to approach the jury. “Ladies and gentlemen, you have heard from two witnesses and the sheriff’s report about the defendant shooting down US Marshal Ansar. In an effort to avoid a bank robbery, the marshal put his life at risk and took the price for justice. I request that you find the defendant guilty of all charges placed against her today.” I turned and nodded to the judge as I went to sit down, and she invited Ed to give his closing statement. He stood and approached the bench.
“People of the jury, what we have here should now be easy to see. A mistake was made in a transaction, and it doesn’t even matter by which party. Let those of you who have never made a mistake dismiss that fact readily. As for the rest, we can see how a mistake can lead to a tense, heated situation. We can then see how adding people telling you you’re bank robbers could dramatically increase that situation, as innocent people suddenly face potential jail time...for a mistake! Then you add in a gunshot and it’s like adding a match to a powder keg. The results are obvious. Add to this the fact that the statements don’t match up. Gunshots that some people right there fail to hear, guns being drawn which go unnoticed by two officers, and more. The results are a case built to justify a gunfight that should have never taken place...to find a scapegoat for hastily taken actions which were far beyond the needed response, and based upon assumptions. Thank you.”
The judge thanked us both and invited the jury to go into the back room and deliberate. As we waited for the verdict, I wondered if I had made a strong enough case against the defense. I didn’t know a lot of the people on the jury so I wasn’t sure if I had been able to sway them my way or not. The jury came out and I leaned forward, nervous to hear the verdict of my first trial in Tombstone.
“The foreman, please,” the judge invited.
A woman stood and said, “Your honor, we have found the defendant... not guilty.”
“In both charges?” the judge asked.
“Both charges.”
“Okay,” the judge nodded and I sighed, frustrated with the result. I wondered how I could have made the statements more clear than they had been and wondered if they really had been in conflict with each other. Angeles looked to Serenity and said, “You have been tried in a court of law and a Jury of your peers has found you not guilty. You are free to go. This court is closed.”
I watched Bree stand and stomp out of the courtroom and went over to Dee. “How did we... lose?” I asked her, shaking my head.
“Good work, Trin,” she smiled. “Yer gonna be an asset to the court.”
“Good work, prosecutor,” Angeles came over and congratulated me.
“I don’t know but ya put on a good case,” Dee answered. “Ya can only use what ya got.”
“And Defend,” Angeles looked at Ed. “You are in contempt for disrespect for five minutes.”
I chuckled, hearing the judge. “Well that makes me feel a bit better.” I watched as they put Ed in the cell in the back of the courtroom and smiled as I announced I was heading home. I had lost, but somehow I still felt as if I’d gained a small victory.
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