Black Diamond.
This morning I was working in the office and the wolf that we had rescued was laying in my office. I had received the court docket so I was going through cases, preparing in case I was called to be a prosecutor. I gave the wolf some willow bark to chew for the pain in his back legs and then we took a walk around Tombstone.
This afternoon, I got the telegram that there would be court for the bank robbery case against Sommer and Jack where I was a key witness. I walked into court and took a seat in the front row, waiting for proceedings to begin. Aly and I talked in the front row and then she took her place as bailiff as Tully came to be prosecutor. Jimmi took his place as defense attorney while Jack and Sommer sat at the table. Four members were on the jury: Sugar, Lil, a preacher I hadn’t seen before and a woman whom I’d never met.
Sommer took one look at the jury and ran out of the courthouse. I wondered who had triggered such a reaction and watched as Aly ran out to get her and bring her back. When the proceedings were ready, Kris declared that court was in session.
“Prosecution, opening statement,” Kris instructed.
Tully stood and walked over to the jury. “Ladies and Gentleman of the jury, thank you for doing this civic duty today. Today the prosecution intends to prove beyond reasonable doubt, through new and emerging techniques of evidence collection, that the defendants did INDEED rob the black Diamond Bank.... I have little doubt you will see the facts as they are presented as damning to these two......people. Thank you again, and God bless.”
Tully sat down and Kris instructed Jimmi to give his opening statement. Jimmi walked over to the jury wringing his hands nervously and began. “We have an accusation of bank robbery upon my clients. It is my intention to provide reasonable doubt and you will hopefully see that they are innocent.”
“Prosecution, your witness,” Kris instructed.
“Your honor, the Prosecution calls, Miss Trin.”
I stood and walked over to the witness stand, not used to being in this position. I realized this was probably the first time that I had ever been called as a witness and swore on the Bible that Aly held for me.
“Miss Trin, Thank you for you time..” Tully smiled at me. “Could you give the court a brief rundown of the events that transpired on the day in question?”
“Sure can. Aly and I were sitting in the tree talking as always when we saw Sommer running through town... As we all know when Sommer is running, Jack ain’t far behind, and well... they’re known for robbery.”
“I see.. A fine vantage point...” Tully commented.
“I suggested we take a walk around town and we went to the bank to find the door open. Looking inside, we did not see Bree so Aly went out to investigate and I went into the bank.”
“Your honor, I object? That is hearsay,” Jimmi stated. “Jack chases Sommer for um, well she is his wife.”
“Overruled...it is well documented that the Smith’s have been charged in various courts for bank robbery.”
“She never said she heard anything, that I heard,” Tully said.
“Don’t worry I’m getting to the actual part. As I was saying...” I looked at Tully to make sure I could continue.
“Go on Miss, please.”
“I went into the bank and found Bree sitting on the ground tied up. She was very shaken and afraid so I tried to help her and she told me the bank had been robbed. Jack came in and told me to get down beside her. In order to protect Bree, I drew my guns on him just to scare him. I shot at the wall near him to get him out of the bank and it persisted in a gunfight around town.”
“My goodness!” Tully exclaimed and I saw Jack roll his eyes.
“I went back to investigate the bank after the incident...” I looked at Tully.
“And did these alleged culprits escape the scene?”
“Yes, they were both apprehended. But of course I was in the clinic getting healed.”
“I have here in hand a descriptive of a new technique in the gathering of suspected evidence, Miss Trin... although you did not ‘see’ the robbing of the bank, were there options available to you to discern an individuals presence in the restricted area of the bank?”
“Yes Sir. I went into the bank and Bree opened the safe for me to investigate. I noticed fingerprints inside the safe and then, knowing what I knew, looked for something to compare those prints to something of Jack and Sommer’s.”
“I see, and what was it that made these ‘fingerprints’.. visible to you?”
“My magnifying glass, Sir,” I looked at him.
“I see, and you have studied this technique of comparison in your vocation?”
“Sorry, I’ll elaborate. What I do is take the magnifying glass and investigate. I then take a cloth and a bag of coal dust. I cover the area where the print is and the dust falls off, leaving markings on the cloth.”
“Fascinating!”
“Indeed. We’ve been able to make great strides with this type of investigation.”
“So you have brought to light the traces of a suspects presence through the comparative study of evidence? I find this compelling....” he looked over at Jack and smiled.
“Yes Sir. I was given a chocolate bunny wrapper of Sommer’s and compared the prints from it to the ones found in the safe. It was indeed a match.”
“We will leave it at this for now, if need be I will call you up once more if necessary.. thank you so Much Miss Trin for your expert testimony. No further questions.. for now.. your honor.”
“Yes Sir,” I nodded.
Jimmi stood up and walked over to me and asked, “Detective Trin of the Pinkerton Detective Agency, you found how many fingermarks on the bank safe?”
“Bree’s and Sommer’s.”
“And you have taken the bank teller’s finger marks to rule that the remaining finger marks you say belong to my client?”
“Sir, fingerprints are identification. Only two will match, the owner’s and the one transferred. As soon as I found a match from the print in the safe to that of Sommer’s, there was no need to further investigate the other print.”
“The remaining fingermarks were compared to ones on a chocolate rabbit, can we see this .. said rabbit?”
“Aside from the fact that Bree had said that there was money missing, and I really don’t think the banker would have taken money out of the safe.”
“Do we have the rabbit?” Jimmi asked and I looked straight at him.
“Sir, the prints were on the wrapper.” I reached in my pocket and took out the wrapper to show Jimmi.
“They were on the wrapper. I see. Thank you. No more questions.”
I was allowed to take a seat again an then Tully asked Aly to the stand. Jack winked over at me and asked, “How’s the arm?”
“Just fine, thanks,” I glared at him.
Aly was sworn in as a witness and Tully looked at her on the stand. “Miss Aly... were the defendants in Black Diamond on the day in question?”
“Yes, sir.”
“Thank you... and there was shooting.. is this correct?”
“That is correct.”
“And the defendants were involved in this to your best recollection?”
“Yes sir.”
“Thank you Miss Aly... I believe that is what our fine jury needed to hear. I am finished.”
“Defense?” Kris invited and Jimmi went to cross-examine.
“Deputy Alyssa, everything hinges on fingermarks that Pinkerton Detective Trin says is proof my clients were at the scene of so said robbery. Fingermarks on a chocolate bunny rabbit.”
“Wrapper,” I coughed.
“How did you come by this chocolate bunny?”
“I had arrested Sommer....and in the process of disarming her that was an item in her possession,” Aly answered.
“So you touched this bunny too?”
“Of course I touched the bunny. I remove all items.”
“She touched the bunny! What happened to the bunny rabbit?”
“Wrapper!” Tully exclaimed.
“Um...” Aly blushed.
“Yes?”
“Well... I ate it.”
“She ate the bunny rabbit!” Jimmi gasped. “Thank you, no more questions.”
“The wrapper, however... was kept,” Aly finished.
“Yes yes yes, I am sure the wrapper has your marks on it too.”
“It sat in the trash for a while until I made the suggestion to Trin that she could get the prints off it to compare. I’d also like to state... that I have given Mrs.Smith chocolate back. A new piece.”
“Your honor, I have no more questions for the witness,” Jimmi announced.
Tully called Bree to the stand and Bree was sworn in. “Miss Bree... did you indeed find money missing from the safe int he Black Diamond bank on the day in question?”
“Yes I did.”
“And was there any other law abiding person who may have removed this money?” Tully asked.
“I was pistol whipped. I do not know who did it.”
“I understand.”
“I just know who was there when I was okay.”
“I hope you have recovered... one last question..... was any other robbery reported before this incident that may have accounted for the missing money?”
“No, was not any activity done in the bank.”
“Thank you very much, Miss Bree. Be well and get better,” Tully smiled.
“I be well, thank you,” Bree smiled at Jimmi as he walked over to cross examine.
“Is this a Black Diamond document?” Jimmi held up a piece of paper.
“Oh yes, this is my receipt to them.”
“To my clients Mr. and Mrs. Smith.”
“They so proud when Jack deposited this.”
“And can you tell the court exactly what this document means please?”
“It means Jack and Sommer has 2000.00 in the bank.”
“Yes thank you. May I show that to the judge and prosecution as you have confirmed it is authentic?”
“You may.”
“Now, I know what it is like to be pistol-whipped only too painfully. Do you recall exactly who pistol whipped you Miss Breezes?” Jimmi asked and I leaned forward.
“Oh I surely do. I was amazed too I might add.” She looked at Jack and said, “Sadly has to say this is the man,” she replied and I exhaled a bit.
“Ah yes well, um, no more questions.”
Tully went over to cross-examine and asked, “Miss Bree, as a teller at the Black Diamond Bank.. do you just allow anyone who has money in the bank to go grab it with their grubby, chocolate covered fingers at their own whim?”
“May I say one more thing?” Bree asked.
“Okay Bree,” Kris nodded.
“Well I don’t know about chocolate. and I might add . I was really busy doing much paperwork when Jack come bounding in the back with the greatest of ease and then Sommer was at safe when I looked up I rushed to safe stood in front of it. mind you I do not wear a weapon. I holler Hey and told them get out. I protect best I can no matta what.”
“My question was, Miss Bree... do you allow SELF service and let people get into your safe to take money?” Tully asked.
“I swear I thought that was clear that of course not glares at the very idea I would ever do so. I am a very trusted banker and I will stomp ya if say I mean it do you understand me am very angry,” Bree said passionately.
“Defense, any witnesses?” Kris asked as Bree sat down.
“Yes your honorable honor. The Defense would like to call Mr. Jack Smith.”
Jack walked over and was sworn in. Jimmi held up a piece of paper and asked, “You recognize this?”
“I sure do thats from our Joint account.”
“Thank you, if you allow me to read it to the court please so everyone knows what it is.”
“Sure.”
Jimmi took the paper and read, “Received of Jack Smiith and Sommer Starr the sum of $2000.00 dollars this day March 15. 1899. Teller Breezess Babii.”
I watched the wolf walk into the courthouse and go straight to Stormy and Mike. I couldn’t help but feel rejected and tried to focus on court, since it seemed like that was all my life was lately. I sat forward and tried to focus on the questioning.
“Ladies and gentlemen of the court, this is a receipt for monies held in the bank under the name of my clients and clearly states that they do business in that bank and have every reason to visit said bank,” Jimmi said. “Jack tell the court quickly... what happened that day.”
“Well we were out side for a walk Sommer and I and saw the bank open and Miss Bree in there we waved like usual and she didn’t wave back. So we thought that was weird. We both went inside all the doors were open and she was not moving. So we went in to check on her. She was bleeding and tied up. I said ‘Sommer check the safe’. And all the money was done gone. Well about that time the detective there walks in and draws down. So I drew and ran outside. She chased me firing and I put two in her to slow her down. Well Sommer came looking after me and I heard gun fire and heard she was shot. I went to the clinic and they was all there. Sill don’t know who robbed the bank but they took my 2000.”
“And I’m sure you will get to the bottom of that later. You might try askin’ Miss Trin; she is good with finger marks,” Jimmi said.
“I sure hope these funds are insured,” Jack said.
“No more questions,” Jimmi said.
Tully walked over to cross-examine and Jimmi said, “Nice boots, Tully.”
“I look forward to you trying to take them... Now... you say you were walking down the street.. and Miss Bree did not wave back to you?.. you must have have felt terrible.”
“I did we is good friends.”
“And HOW did you see her from the street when you stated she was unconscious and tied up behind the counter!?” Tully asked and I smiled.
“Yes, through the doorway.”
“You can see though the counter? Amazing! No further questions. We’ve heard enough.”
Jack took a seat and then Jimmi asked Sommer to come to the stand as the final witness. Sommer was sworn in as the wolf decided to go over and glare at Sniper. After Sommer was sworn in, Aly went over and brought the wolf outside before it caused more distraction.
“Mrs Smith, did you touch the safe at all on that day do you recall?” Jimmi asked Sommer.
“It was wide open, Jimmy.”
“Now I am desperate to know, as we all are, did you have on you a chocolate bunny and can you tell us all about that?”
“My sister sent me a chocolate bunny in a tin of cookies for easter it was not wrapped. I had it in a hankie in my pocket when Aly arrested me.”
“It was not wrapped!” Jimmi exclaimed.
“She took it and ate it. No sir. My sister makes her own chocolate she does not wrap it.”
“She took it? This deputy here?”
“Yes, she ate it,” Sommer pointed at Aly.
“I hope it was good evidence. No more questions,” Jimmi said and sat down.
“May I?” Tully asked and walked over to Sommer. “Mrs. Smith..... what does a citizen do when they find a battered bank teller who is their friend tied up and laying on the floor with all of these open safes and doors? Behind the counter I might add. Did you RUSH to her aid?”
“Yes I did and was angry I want my 2000 dollars back right now. I ran for help and then Aly shot me.”
“My goodness.. and then you kindly took her to the Doc’s? I am sure... correct?” Tully asked.
“I was shot, sir.”
“Ah, even less capable. You must have been immobilized. Then HOW did your fingermarks get ALL OVER THE INSIDE OF THE SAFE!?”
“I looked in the safe and all of my money was gone and I want it back. I want my money back and my chocolate bunny.”
“Your EYES do not leave marks, Ms. Smith.. no more questions. Who else do you have Mr. Defense?... please....I relish the task,” Tully said and sat down.
When both the prosecution and defense rested, Kris invited them to give their closing statements. Tully went over to the jury and gave his statement first, “Ladies and Gentleman.. need I really dissect this for you... we have new evidence techniques proving the suspect’s presence in the safe, we have magical abilities of seeing through wooden counters, we have... well... we have enough... I hope you can see through this thin veil of balderdash and see that justice is carried out, for the sake of the territory, and for the honor of Miss Bree.. Thank you and God be with you.”
As Tully sat down, Jimmi walked over to give his closing statement. “Ladies and good gentleman of the jury... reasonable doubt, if you have reasonable doubt in any part of the testimony and .... this finger marking ... then you must find my clients not guilty. I will point out that my clients have every right to do business in that bank as it holds... or held ...two thousand of their own dollars. I will point out that Mrs Sommer could have touched the open safe as she was concerned about the integrity of the bank and their hard earned monies while her husband attempted to tend to the wounded bank teller. I will also point out that the key prosecution evidence was eaten. Thank you, reasonable doubt.”
Jimmi sat down and the jury was invited to deliberate in the back room. I leaned forward and congratulated Tully on a great case and offered to buy him a drink when it was over. He promised that he would give me a rain check and said that he’d buy the drink. The jury came out and announced a guilty verdict and I smiled, thinking at the great strides the Pinkertons had taken in court today being a key witness.
This evening I danced at the Oriental and couldn’t help but think about the lawyer and his intelligence in the case. Cas seemed less than thrilled with the talk of Tully and I wondered what background there was between the two of them. We had a great time dancing and talking about the trial and then I decided to call it a night and headed home.
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