Tombstone.
This afternoon, I walked into the court to prosecute in my first case in months. I nodded to Steven and took my seat in the prosecution spot. Paisley asked what the charges were and I told her that it was about the incident where Steven shot two lawmen who were involved in gathering a bounty. Steven was dressed in a preacher outfit and I just shook my head at him, thinking it was a terrible way to get the jury on his side. David sat down beside Steven and we waited for people to join the jury. David continued to try and tease me but I ignored it, waiting for proceedings to start.
Kris went up to the judge’s seat and banged the gavel, announcing the beginning of the trial. “Defendant, you are charged with shooting law without killing and using a gun in a crime. How do you plead?”
Steven and David stood and Steven claimed, “Not guilty, your honor.”
“Prosecution, you may begin,” Kris invited and Steven and sat down as I muttered something about an interesting change of opinion and walked over to the jury as I began my opening statement.
“Ladies and gentleman... Thank you for being here today to help administer justice for Tombstone,” I began. “Steven Itano was wanted dead or alive for a bounty against him of murder, weapons unholstered and used. The sentence for this bounty is for him to be hanged.” I let that word ring out before continuing. “The Bounty Hunter approached Steven Itano to arrest him for this bounty. He was already convicted of the murder by cochise county law. When he went to bring Steven in, however, Ranger Zan and Deputy Eye were shot down since they were assisting the bounty hunter. A few days later, while sitting in front of the Russ Hotel, I watched as Steve Itano went to sit in front of the sheriff's office. He insisted on getting arrested for the crimes being held over him. Amara arrested him and brought him to jail. It's not hard to accept, then, that this man is guilty for the charges against him today. Please find him guilty so that justice can be done in Tombstone against a man that would endanger our lawmen's lives. Thank you for your time and service to our town,” I said and returned to my seat.
“Defense,” Kris instructed and Steven muttered a blessing in my direction.
David looks to his client as he stood and then swept his arms, addressing the gathered jurors. “My dear citizens of Tombstone, I would like to on behalf of myself , the courts of Cochise County, and my client deeply thank you for your time today.” He stepped closer to the jury crossing the court room. “I ask you when you look over to the defendant, what do you see? You see an innocent GOD fearing man, who wouldn't hurt a fly let alone MURDER anyone. My client is a man of GOD and would not harm a soul his mission is that of saving souls not taking them.” I tried to stifle my laughter as Downy applauded and cheered, giving me a filthy look as David sat down.
“Prosecution, your witness,” Kris instructed.
“Your honor,” I said as I stood. “If I may, I’d like to start by reading the bounty that I mentioned in my opening statement. I would like to read a witness statement next from someone who couldn’t be here today. If I may, your honor?”
“Yes,” Kris nodded.
“This is from Zannza Lyric, the ranger who was shot by the defendant.” I took out the statement and read, “‘The bounty hunter and Deputy Eye went to Ghenna after Steven Itano on a dead or alive bounty. I followed. Eye was shot and I am sure Steven was alone at the time Eye got shot. Someone else, dressed in tan clothing , small built , possibly female, ran behind everyone and went to where Steven was. A lot of gunfire ensued followed by some yeehaw yells that I did not recognize as the bounty hunter. I got Miss Bree to come help Eye and went back up the hill open handed to yell and see if I could get the bounty hunter out to get him medical help.,Steven yelled at me Not to come into Ghenna or he would shoot me . I was already in Ghenna and then boom.. three shots I heard and I was falling down the hill. As I fell I heard a woman yell something about Leave or die a painful death so I am fairly certain it wasnt her that shot me. I have no idea what happened to the bounty hunter as I made my way into town adn somehow managed to get ot the clinic. SIGNED: Zan.’”
“Your honor I OBJECT!” David stood then and I wondered what on earth he could object to.
“Over-ruled,” Kris stated.
“Your honor there is nothing in the statement that says my CLIENT did the shooting of Miss Zann,” David stated.
“You can retort later, counsel,” Kris said and David grumbled as he sat. “Your next statement, counsel,” Kris looked at me.
“I think that’s all that I need. Can’t make it much clearer,” I nodded to him and sat down, smiling at David, who stuck his tongue out at me.
“Okay defense, retort now,” Kris ordered.
“Thank you, your honor,” David stood. “I would like the jury to take notice that no where in the statement does she say positively that my client FATHER Itano had shoot Miss Zann. I have nothing further on this your honor.”
“Any other statement or witness, prosecution?” Kris asked me.
“That’s it, your honor,” I said and smiled confidently at the jury.
“Defense, your turn,” Kris stated.
“I’d like to call Miss Stillwater to the stand,” David stood and I blinked, curious as to why he pulled out a witness I was unaware of. Downy was sworn in and then David was allowed to begin. “Miss Stillwater what is your knowledge of the events as you know them?” David asked her.
“I don’t know about no law fellas gettin’ shot, cos me n FATHER STEVE ’ere were tryin’ ta save Mister Wiggles at the time.”
“Mr. Wiggles, no,” Steven cried out loud and sobbed, and I rolled my eyes as he put his head on the desk.
“Yes, and who is Mr wiggles?” David asked.
“Objection your honor. The witness wasn’t even there for the event of the crime,” I stated then.
“See what I have ta endure? Father Steve cries like a blardy girl over that dang dog,” Downy stated. “Mister Wiggles was his beloved dog, his best pal, long time companion.”
“Your honor Downy was at the location that my client was traveling too,” David stated.
“I’ll allow it,” Kris nodded.
“Please continue,” David said to Downy as he smiled at me.
“A nip of whiskey perked him up for a bit, and the dog too, but then Mister Wiggles took a turn for the worse,” Downy went on. “So we was tearin’ about the place tryin’ ta find a Doc Joe fer help.”
“So if we are to understand Father Itano was looking for help and meds for poor Mr wiggles?”
“Mr. Wiggles! Why!!!” Steven cried hysterically and I rolled my eyes.
“’cos he’s real good with the mutts.... and figured he could help Mister Wiggles too. Yessir that’s wut Father Steve n I were doing that day,” Downy said.
“Thank you I have no further questions,” David said and I shifted in my seat impatiently.
I stood up immediately and walked over to Downy before she could get up and sit down in her seat. “Downy... that’s a lovely tan suit you’re wearing… I just have one question for you.”
“No Ma’am this ain’t no suit,” Downy said.
“Did you shoot Deputy Eye Aabye?” I asked.
“Objection!” David shouted.
“Grounds!” Kris requested.
“There’s a reason I’m asking, your honor,” I told him.
“My witness is NOT on trial!” David stated firmly.
“Sustained,” Kris stated and I sighed.
“Miss Downy, you said that you witnessed nothing of the lawmen being shot down, correct?”
“Correct,” she nodded.
“Then why are you here in this seat, Ma’am?”
“’cos I’m waitin’ fer you to finish asking me a bunch of questions.”
“So the witness admits to not having been there when the lawmen were shot. And yet a ranger admitted to seeing Steven there and seeing the deputy shot. No further questions,” I said, noticing David roll his eyes. Downy stared at me with a fixed smirk.
“Your honor if I may elaborate? On why my witness is here?” David requested.
“Speak,” Kris nodded.
“Ladies and gentlemen the purpose of Miss Downy being here is obvious, so that I may establish as to the ‘why’ of my clients haste on the day in question… how that seems to be oblivious to the prosecution is rather bother some to me,” David said.
“Objection, your honor. I’M not on trial,” I rolled my eyes again.
“Understood. Any further questions, prosecution?” Kris asked.
“Obviously Miss Paige has not had a sickly Pet for that she must thank God,” David said and I glared at him.
“Mr. Wiggles!! No!” Steven cried.
“No, your honor. Thank you for the time,” David said and sat down.
“Miss Stillwater, step down,” Kris said. “Any more witnesses, defence?”
“Yes I’d like to call the defendant Father Itano,” David said.
“Alright,” Kris nodded.
“This oughta be good,” I muttered.
David doodled on his notepad and held it up to me. It was labeled ‘Trin’ with a crude stick drawing depicting me having a pie thrown in my face. Putting the drawing down, he went over to address his client as Steven was sworn in. I looked at it and just rolled my eyes again.
“Father, the witness statement from Deputy Eye states that you made a MAD DASH as he questioned you about a prior warrant, is this true?” David asked him.
“Objection your honor. The witness statement was from Ranger Zan,” I stood. “I never read a statement from Deputy Eye.”
“No,” Steven answered and I looked at Kris.
“Your honor there was a statement from Deputy Eye,” David said.
“Perhaps you’d like to read it, David,” I smirked.
“Sustained,” Kris said and I chuckled.
“I will rephrase. Father you were in a hurry weren’t you that day?” David asked. I wondered where it said that but stayed quiet.
“Yes I was. I fear for Mr. Wiggles’ life!” Steven burst into tears again.
“So you weren’t really aware of much around you other then your personal pain?” David asked, walking over to hand Steven a hanky.
“No my son. I just wanted to be with him and did anything I could to save my best friend in this world’s life,” he took the hanky and dried his tears. I rolled my eyes, watching the pair. “Poor Mr. Wiggles.”
“Father did you shoot anyone that evening?” David asked.
“Yes, yes I did. I cannot lie.”
“Go on.”
“I shot Mr. Wiggles!!!!” Steven cried and I face-palmed, tempted to bang my head against the desk.
“You shot your poor sickly pup?”
“Yes, yes I did. I could not see him suffer anymore,” Steven cried hysterically.
“So those shot MUST be what were heard ring out! Defence rests, your honour.”
I sighed and shifted impatiently as Kris asked me if I had any questions, but I said I didn’t. I had no desire to continue the proceedings longer than we had to. Steven went down to sit beside David and Kris invited us to give our closing statements.
“It’s all true, I was there when he shot Mister Wiggles dead!” Downy called out.
I walked over to the jury and began my closing statement. “Ladies and gentlemen... We hope you enjoyed that show put on by the defence. Our dramatic defense lawyer did well to create a good story... He should write for the Epitath. Or maybe, he should go on theatre in the Birdcage. Zan’s statement DID CLEARLY state clearly that the defendant shot Deputy Eye Aabeye. As I quote, ‘Eye was shot and I am sure Steven was alone at the time Eye got shot.’ His witness, the one other than his client, proved to support the prosecution more than the defense. If the ranger saw Steve there that day in Ghenna, and if Downy was in fact not there when the lawmen were shot, then the bullet must have come from Steven’s gun. If Steven Itano claims to be so innocent, why did he insist on being arrested in my presence the other day? Not to mention the fact that Steven has been seen several times with the Wild Bunch and is anything BUT a man of God. Please help us fulfill the need for justice in our town and find this man guilty. Thank you.”
I returned to my seat and Downy gave me a bad look as Kris invited the defence to give his statement. I took out my flask and finally let myself drink some whiskey as David walked over to the jury and began.
“Your honor ladies and gentlemen of the Jury, males are only human we make mistakes, and as a clergy men Father Itano wished to address those prior issues, before he made peace with God, and as for Miss Paige’s comment about being seen with Wild Bunch , well isn’t THAT part of his purpose to tend to his flock, even those with blackened souls? To help them too find his lord? I ask you jury today Father Itano has suffered enough. He lost his bestest friend in this world. You must find him innocent so he can continue God’s good work. Thank you.”
“Bless you David. Bless you all,” Steven went on.
Kris looked over to the jury and said, “Please retire to the Chambers for deliberation, select a foreman to return with your verdict. Range Spin, please come down and be bailiff.”
“Nicely acted, David,” I looked over at David as the jury went into the juror room.
“You heartless meanie,” David muttered.
We sat quietly then as the jury debated the verdict and I kept my eyes peeled on the jury door. They came out quickly and I sat up straighter as the foreman, Trent, began.
“We have reached a verdict. We the jury find him guilty.”
“What?!! I OBJECT!!” David stood and shouted. “Your honor?”
“You have been found guilty by a jury of your peers,” Kris told him.
“How can this be?” Steven’s jaw dropped and he made a cross sign.
“Peers? Two doves?!” David blinked.
“Because of the nature of your crimes and the bounty placed on your head…. I have no choice but to impose the maximum and ultimate penalty,” Kris declared. I knew the case would result in a hanging and sighed, hating the reality, but I knew it came with the job.
“Your honor…” Steven tried.
“Mr. Itano… You are hear-by sentenced to HANG BY THE NECK UNTIL DEAD!!! RANGER TAKE HIM TO THE GALLOWS!” Kris exclaimed.
“You will all rot in hell for this,” Steven threatened and I looked anywhere but at Steven. “Where is the justice?!”
“Trin you will ROT for this in justice,” David threatened.
“No witnesses saw anything!” Steven exclaimed. “Murder… The law doth murder me!”
I stood up slowly and walked up the stairs quietly before anyone could say another word to me. I signed out of the ledger and got my paycheck for working the trial before heading home out the back door.
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