Reply to thread

Message: <blockquote data-quote="Silver Moon" data-source="post: 2898292" data-attributes="member: 8530">Chapter Forty-four, “Monday’s Trial”, Sunday, May 28th, 1882, 7:30 P.M. Harry said to Jake Cook, "Thanks Jake. Yes, Niles was, the best man I've ever known. He'd have given a man the shirt off his back just for asking. Half the hills around here have prospectors on them who Niles staked. I just wish he'd have lived long enough to see one of them pay off. But he wasn't even looking to make it rich, I think he just liked helping people out who needed it." Jake nods solemnly. "Best you can do is to appreciate what you had rather than focus on what you lost. Seems to me he would have wanted it that way." Jake pats him gently on the shoulder and leaves Harry to join the others. He then heads out to the porch to wait for Ruby to return. Inside the Lucky Lady, Town Marshall Mitchell Berg arrives at the Lucky Lady for Niles Hoover's wake. As Kate talked with the Seawells she saw Mitchell Berg come in. She asked to be excused and walked over to the door where Berg was still standing. "We're so glad you're here," Kate said quietly when she reached him and offered an arm to escort him. "I hope you found services helpful this morning." He nods and says, "I did. This town has some good people in it." Berg spends the next half hour walking around the room and making small talk with a few folks but otherwise keeping to him. After speaking to Ruby Chester headed up to his room. Clarisse says her condolences to Harry Rote. Chester changes into a dark suit and comes back downstairs unarmed. He gets a beer from the bar and water for Clarisse. Rejoining her, he also says his condolences to Harry. Berg enters the saloon and everyone looks his way. Chester excuses himself and makes his way through the crowd to the Marshall. "Hey Marshall. How are you feeling?" He replies, "About as good as you can expect Chet under the circumstances. We're going to need you to testify tomorrow morning for Judge Isby. I'm bringing both Evan Adair and Will Flynn up on charges for inciting the riot and since you and I both spoke to the crowd, ordering them to disperse, I want that on record. Fisk is also brining me up on charges but I think that Isby is only allowing it so that he can then rule in our favor. We also need you to testify about the arrest of the Indians at that trial too. That's Deputy Sheriff Hunter's case, not mine, although I'll be wearing my lawyer hat for that one to help defend Nanuet's nephew." Chester replies, "I'll be there. There's no way I'm letting Adair get away with this. He'll do good to have you as his lawyer." After Ruby returns and goes up to Jake, Berg gestures for Job Kane to join them and approaches the three and asks, "I was wondering if we could come here to do the reading of Nile's Last Will and Testament tomorrow after the funeral? Most of the folks listed in the will work here, he even updated it recently to include Thom." "Sure, Marshall." Jake has a little shiver remembering he went through the trouble of making his own will. Kate had spoken to most of the people in the room, so made her way over to General Pleasants and the Caudells. Her own family came in a few minutes later, dressed in the most somber clothes they could find considering the loss of their trunks. There was one person still missing that Kate found herself still searching for. She hadn't seen Conrad in the last day or so, but he must know what had happened. He had to work of course, but surely he would find a few moments to stop by? She trained her attention back to the General and said, "It seems my little town is trying to prove me a liar. I remember telling you gunfights in the street weren't a common occurrence. At the time it was the truth." Pleasants says, "New elections aren't a common occurrence either. Look at what happened a few decades back with Kansas, this is minor by comparison. I am truly sorry for the loss of your friend, by everybody's account he was a very good man." Kate replies, "Better than I knew. He was always friendly to everyone, but I never realized how much good was in him. I would think by now I would have learned not to wait to get to know someone, there isn't time to wait." Conrad Booth finally arrives, in the company of Pedro and Dorita. "Here are some people you should meet," Kate said. "I'll make sure to introduce you before they leave. If you'll excuse me I should go say hello." She crossed the room and kissed Dorita on the cheek. "I'm so glad to see you." She gave Pedro a rare hug and turned to Conrad saying, "It's good to see you." Conrad smiles and says, "Sorry it took so long, they needed some convincing to come. I told them that all of Nile's friends were welcome but they were hesitant what with a racial incident having sparked the trouble to begin with." Kate states, "Of course you're welcome. Adair and his ilk can't change that not matter how hard they try." Kate was silent for a moment, uncertain what else to say. "We'll make that clear at the meeting tomorrow." Time passes at the wake, everyone recalling their favorite stories about Niles. Ruby notices a small boy who she doesn't recognize but remembers Niles mentioning his friend and nephew were coming to visit. She leaves the safety of Jake's side and approaches the boy. "Good evening, young sir. You wouldn't happen to be Burt, would you?" The boy looks up and in a monotone says, "Yes, I came here to spend the summer with Uncle Niles." "Well then," Ruby says and kneels in front of him, "I am very honored to meet you. My name is Ruby West," she says, extending her hand to the young boy. "Your Uncle told me all about you. He was really looking forward to spending the summer with you. Said you were going to be a big help around here." He says, "You're the singer here aren't you?" "Yes, I am the singer here. Have you heard about me too?" Ruby gives the boy a smile. He says, "Yes, Niles wrote to me." The boy then hides behind Mr. Kilgore. Ruby is more than a bit surprised. She stands and continues to smile at the boy, "Don't be shy, I don't bite. At least not cute little boys anyway." She gives a little giggle, the first laugh of the day. She turns to George. "Niles had planned on you staying here and you are more than welcome to if you want to. Both of you. We have room and eventually we are planning in opening as a hotel. We can talk about the details later if you have questions but please feel free to stay tonight." After her conversation is over Ruby continues to circulate. Eventually she makes her way over to Kate's family. With a weary smile on her face she pulls some hair off her face and says, "Well, Mrs. Kale, are you going to introduce me to your family?" The wake continues until around 9:30 PM, during which time close to have the town has filed through, including all of the town's saloon owners who had been Nile's customers with the lone exception of Evan Adair. At several points during the wake speeches are made. When things are closing up and most people have left Neil Cassidy comes by. He is wearing his Deputy badge and says that he is currently on duty, but wanted Harry Rote and the others to know that he has gone ahead and already paid for everything the next day for Nile's funeral including the casket and grave marker. He says that he will see them at the funeral. Kate spent the night talking a bit and often sitting at the piano as Job had suggested earlier. She managed to sneak a few moments alone with her brother Henry as well as with Conrad when she could let go a bit and let someone comfort her rather than the other way around. She was tired of death and it was beginning to take its toll. Tom, Storm, Mr. Emerson, Niles, even the death of Riley, who they'd hardly known weighed on her tonight. The night finally came to an end, and even though Conrad escorted her and Ginnie home she wished she didn't have to sleep alone this particular night. The night finally comes to a close. Ruby half heartedly helps clean up the Saloon. They thank Neil Cassidy for his generosity in paying for the funeral. Her and Jake make their way home. Ruby carelessly drops her clothes to the floor in a ball. She tiredly crawls into bed and snuggles with her pillow, too exhausted to cry anymore. She quickly falls asleep. Ruby’s sleep is restless and finally she wakes in the middle of the night. She drags herself out of bed and wraps herself in a blanket, ending on a couch in their living room. From the couch Ruby could view the bright moon and stars in the sky as she lay with her head resting on the armrest. Tonight they didn’t comfort her though; tonight they reminded her of the unchanging facts of life. That no matter how hard she had tried to change things for herself they would, eventually, end up the same. She was sad about this fact, but also somewhat comforted, comforted that at least she knew what was coming. She drifts back off to sleep with that thought in mind. Monday, May 29th at 7:30 A.M. Meanwhile, across town at the Arizona Territorial Building Court is about to go into session. The building is packed, with all chairs filled and much of the standing room taken up as well. At table in the front Lawyer Hamilton Fisk is seated beside Evan Adair. Adair's shoulder is bandaged and his arm is being held in a sling. Deputy Sheriff Colin Hunter along with Deputies Barker and Martin have escorted the four Elvan prisoners to the building, the men each in shackles. Marshall Berg has escorted young Nakomo in the company of Priestess Minerva Florencia and her companion Nanuet. Deputy Marshall Neil Cassidy then arrives with a handcuffed Will Flynn in tow. People continue to arrive at the Arizona Territorial Office Building. Newspaper editor Chumbley and his reporter Angelica Young are among the last to enter the building. Promptly at 8:00 A.M. Kevin Tomlinson announces “All Rise for Judge Nathan Isby”. The Judge enters and takes his seat. The audience all sit. Tomlinson says, “The first case to be heard today is brought by Mr. Evan Adair. He changes Marshall Mitchell Berg and Deputy Marshall Helen Barker with the murder of his employee Mr. Nicholas Karp.” Isby looks towards the law officers and says, “How do you plead?” Attorney Elihu Upton stands and steps forward. He states, “On behalf of my clients Mr. Berg and Mrs. Barker I am ordered to plead not guilty.” Isby begins the trial Attorney Hamilton Fisk stands and outlines the events of the previous evening, emphasizing how while Berg had instructed the crowd to disperse on the count of ten the law officers fired into the crowd sooner than that, thus not allowing the crowd the promised time to back down and therefore making an unprovoked attack that left Mr. Karp dead. Attorney Upton states that based upon his consultations with his clients the death of Mr. Karp was not intentional but occurred in the course of the law officers attempting to restore order. He then presents as evidence six written depositions of witnesses who attest to the fact that the crowd had been given four different warnings to disperse and states that the crowd failing to do so left the law officers no other choice. He points to two depositions that mention the mob also wanting to do harm to Deputy Marshall Rodriguez. Finally, he states that Marshall Berg had previously instructed all of his deputies to shot to wound and not kill. Attorney Fisk reminds the court of Helen Barker’s prowess with a gun and states that if it had been her intent to wound then Karp would not be dead. Attorney Upton counters by stating that Deputy Barker was clearly trying to wound, as her first three shots had disarmed three men. He states that “At that point people were moving, the law officers were moving to avoid being hit and Mr. Karp had been wounded by her previous shot so would have been moving himself. The area was also filled with gunpowder smoke. All of those factors could have influenced the shot, causing it to strike him at a point other than what she intended.” Many side conversations begin in the audience. Judge Isby slams his gavel down and orders silence while he reads aloud to the court each of the six written depositions. They are from Al Brower, Roger Fly, John Hagen, Kay Kaufman, Dick Lockmyer and Henry Weller. After reading them he asks if either Attorney have objections to raise. Fisk disputes some minor details and some of the adjectives used in the descriptions but upon further questioning by Isby agrees that they are for the most part accurate. Isby states, “Then I feel that I have heard enough and am prepared to rule. Law is an important thing. A Town, a Territory or a Country cannot be ruled without laws. It is the charge of the Officers of the Law to enforce that law. Vigilante justice, based upon mob rule, stands in direct opposition to the tenants of law. I find that Marshall Berg was fully within his rights to do whatever was necessary to uphold the law and did so in this instance. I find both him and Deputy Barker innocent of these charges. And I would sincerely hope that the citizens of this town decide to heed the commands of the law officers if such an event should ever occur again.” The Judge then calls for a ten minute recess. Chester exhales from his place guarding the prisoners. The relief is plain on his face as the verdict is read. He adjusts his tie and badge nervously as he waits to give his testimony. Tomlinson calls the next case to order “Town Marshall Mitchell Berg charges Mr. Will Flynn with Inciting a Riot.” Judge Isby asks Mr. Flynn if he has representation. Flynn looks to Fisk. Evan Adair and Hamilton Fisk briefly whisper to one another after which Fisk remains seated and silent. Isby says, “Very well then, Marshall Berg, you may begin.” Berg calls Flynn to the stand and has him testify as to the events of the previous day, beginning with the arrest of the Indians. Flynn recounts the arrests made with Deputy Martin and of him getting shot. Berg asks, “And how did you spend the remainder of the afternoon and evening?” Flynn recounts coming to town and Doctor Eaton removing the bullet. He stayed in town to recover, spending part of the day at Drover’s Hotel and then heading over to the Palace to watch the fights. He says that several people asked about his injury and he told them of the Indian shooting him. He says that the crowd then decided to go hang the Indians. Berg asks if that was Flynn’s idea. The ranch hand states that it was not. Berg then asks “But you thought it was a good idea?” Flynn says, “Yes.” Berg then calls Evan Adair to the stand. Adair does so, apparently having no qualms to letting the rancher take all of the blame for what happened. His memory differs from Flynn, with him stating that “It was Flynn who riled up the crowd and decided to lead them there.” Berg then brings forward written depositions taken from patrons of the Palace Saloon, Jervis Clifton, Matt Coogan and Cully Flick which cite that it was gambler Nicholas Karp who suggested the idea. Adair says that he does not recall Nick doing so, but that Karp was indeed an enthusiastic supporter of the lynching. Berg then says, “Mr. Adair, is an employer not responsible for the actions of his employees?” Hamilton Fisk stands and objects, citing that Mr. Adair is not on trial. Marshall Berg turns to the judge and states, “At this time I would also like to extend the charges of Inciting a Riot to Mr. Adair as well.” Fisk again objects, stating that he has not had time to prepare his client for such a trial. Isby says, “Agreed. This specific hearing will be adjourned until tomorrow morning at 9:00 A.M. to allow Mr. Fisk the time necessary. Flynn and Adair are both to be held in custody in the town jail until that time.” Fisk objects to that as well but is overruled. Fisk then raises another objection, this time citing the Merchant’s Association Meeting that evening that Adair is a member of. Isby says, “Marshall Berg will be at the meeting, he can bring the prisoner with him.” A ten minute recess is called before the next trial. Deputies Cassidy and Barker are ordered by go bring both men to jail. The deputies depart with their prisoners, with Fisk accompanying Adair. During the break, Chester says to Eduardo, "Things are going OK so far. I'm real disappointed in Flynn. Nanuet fixed him up and this is what happens." Eduardo says, "Happens all the time. Father Valdez is twice the healer of Doc Eaton, but last night most of those idiots waited hours for the Doc to see them instead of asking the half-elf to help them. Heck, Flynn wasn't happy with what Nanuet did for him, had the Doctor cut him open unnecessarily and now credits Eaton with his recovery. Racist idiots I tell you." Pakesso smirks. "I told you so. You white men are fools." Chester barks, "Quiet, prisoner. We'll have no more of that today." Pakesso says nothing in return, but keeps a smug look on his face. Chester says to Eduardo, "If Flynn wants to risk gangrene because he doesn't trust Nanuet, that's his problem. But stirring up the folks at the Palace got people killed." Cassidy soon returns. Court resumes and Tomlinson announces “Deputy Sheriff Colin Hunter charges the following men with the theft of livestock: Kokokehas, Nakomo, Naumkeag, Nesenkeag, and Pakesso.” Judge Isby asks, “Do any of these men have representation.” Marshall Berg stands and says, “Yes sir, as these crimes occurred outside of the boundaries my jurisdiction as Marshall and therefore do not present a conflict of interest I request the court’s permission to serve as an Attorney in this matter.” This creates a stir in the crowd, with several comments being made about Berg being an “Injun-lover”. Judge Isby pounds the gavel to restore order again. He then says, “Granted. Will you be representing all five of these men?” Attorney Berg says, “No sir, only the young man named Nakomo. He will be testifying against the other four.” This also creates a stir and the Judge pounds the gavel again. The trial begins with Deputy Sheriff Colin Hunter calling Calvin Oldfield to the stand. The rancher tells of the recent thefts from his ranch and also those from the Green Valley Farm. Hunter next calls Deputy Marshall Chester Martin to the stand to testify about his involvement and what transpired. Chester takes the stand. Tomlinson swears him in. "Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you Zeus?" Chester replies, "I do." He sits down. "A couple days ago I was drinking with some ranchers at the Lucky Lady. They were complaining about some recent thefts of chickens and a hog. They asked me if I'd look into it and I agreed. They also asked Nanuet, an Indian priest who lives in town, if he'd help out since the ranchers thought it was the Apaches. You see, Nanuet brokered a treaty between the Apaches and the white folk a few months ago. So he was a natural choice. "So me and Nanuet went out to the ranches. I talked to Will Flynn and Amer Renner about what they saw. They said they saw some Indians dragging away the animals. The four of us found the trail and tracked the thieves to a cave in the Dos Cabezos Mountains. Turns out that they're not Apaches, but Yavapai, one of the other tribes. I called out for them to give up, but they shot at us instead. Nanuet said the same thing in their own language, so it's not like they didn't understand us. A gunfight breaks out. Flynn and a couple of the Indians are wounded. They surrender and Nanuet heals them. Since I'm a town Marshall, I don't have the authority to arrest them so I ride back to town and ask Deputy Sheriff Hunter to do the honors." Following Chester’s testimony the Judge asks the accused if any of them wish to speak. Pakesso takes the stand. He eloquently apologizes for the actions of his men and states that they were merely seeking provisions to sustain them on a long trip across the desert. He offers that his horse and gun can be sold to make restitution to the ranch and farm and sincerely regrets his group’s actions. He begs the forgiveness of the court. Berg says that Nakomo wishes to testify in his own defense but that he would first like to call another witness. Tombstone’s Deputy Marshall John Clum is called to the stand. Clum takes a seat. Berg asks him why he is in Promise City. Clum explains that he was delivering the town’s fire wagon, which Tombstone had borrowed the previous week. Berg then asks Clum to describe his history with the Apache and the events of the meeting in Prescott earlier that month. Clum does so, talking of his previous job as Indian Agent and the planned meeting with the tribal elders of the San Carlos Reservation. He describes how the four older accused and two of their friends came instead of the elders and were turned away. Berg has Nakomo take the stand. Under questioning the boy describes his relationship with others, how the tribal elders made them his guardians following his mother’s death. Berg then asks the boy to tell what he knows of the Prescott meeting with the Territorial Governor and the official from the Federal Office of Indian Affairs. Pakesso stands and yells at the boy in the native language to be quiet. Isby orders a five minute recess during which Pakesso is to be removed from the courtroom. Tomlinson helps Deputy Cassidy take the elf out in shackles and chains. A now frightened Nakomo rushes over towards Nanuet and Minerva. Court resumes and Nakomo recounts in detail Pakesso having the weapons smuggled in within the basket of presents and calling for them. Berg asks, “And what was the plan for these weapons? Did he wish to threaten the officials.” Nakomo says, “No, the plan was for him and the others to kill all of the humans present at the meeting.” The courtroom erupts in chaos at the airing of that revelation. Several comments along the lines of “We should have hung them” are stated. It takes several minutes for order to be restored during which time Isby allows Nakomo to leave the stand. When court resumes Marshall Berg outlines how Nakomo had intentionally hidden to keep the weapons from the others. He has Clum return to the stand. Clum testifies how Pakesso became visibly angry at the ‘presents’ not being available and wanted to know where Nakomo had gone to. Berg calls Nakomo back to the stand and the boy testifies how following Prescott the others beat him. He says that he was afraid to stand up to them again. Berg concludes by stating that Nakomo should be regarded as a hero, who prevented the brutal murder of the Governor and other officials, and requests the leniency of the court in regards to charges of boy’s complicity with the theft of the livestock thefts. Judge Isby turns to the elves and asks if they have anything to say in their own defense. Kokokehas does not deny anything that has been said but instead states the superiority of the elvan race, that they are the true owners of the land and that the humans will one day be driven from it. Hearing nothing further the Judge calls the trial closed. He then makes his ruling. Regarding the thefts, the physical possessions save for the clothing on their backs of all five Indians are to be sold to make restitution to the farm and ranch. For their participation in the plot to murder a high ranking Federal Official Kokokehas, Naumkeag, Nesenkeag, and Pakesso are to be immediately turned over to the military commander of Fort Huachuca to be executed. He the declares that Nakomo is indeed a hero, that it took heroic effort for one so young to be willing to stand up for what is right, both at Prescott and again today. He adds, “But I cannot overlook the boy’s involvement in those thefts. Attorney Berg, I order him to remain within the town until he has completed a total of sixty hours of community service under your supervision. I believe that the Town Hall could use interior painting and that the County Claims Office could use some roof repairs.” Berg states, “Yes sir. Thank you sir.” Isby orders the court adjourned. Chester and Eduardo take the struggling prisoners back to the jail. Chester says, "Come on, back to the hoosegow. You have a date with the hangman. Thanks to that brave boy, you weren't able to complete the job." Adair and Flynn both object when they see the prisoners brought in, not wanting to share the cell with Indians who they tried to kill the night before. Berg shoves all four Indians into the other cell and keeps the shackles on their hands and feet says, "We should be rid of them soon." They do not have long to wait as the Wells Fargo Stage comes right up to the door. For this run Kris Wagner has assigned both of his riflemen, Newton Gilly and Billy Glass. Deputy Sheriff Colin Hunter is accompanied by Tombstone Deputy Marshall John Clum to escort the prisoners to Tombstone, where a group of soldiers are currently stationed to take charge of them. Clum mentions that Lieutenant Gamble is in charge of those that group. The Indians are piled onto the Stagecoach, which then departs. Chester says to Berg, "I don't envy Gamble. He better put the fort on alert for a few days. No telling if they'll get attacked for this. By the way, congratulations on getting the charges dropped against you and Helen. If they'd succeeded in getting you, then I would have turned in my badge." Berg gestures to the cell with Adair and Flynn and says, "Yes, it seems to me that the right ones are behind bars." Adair exclaims, "Only until tomorrow. You have a weak case Berg, Fisk will get me off." Berg replies, "You may be right, but until then get comfortable in that cell."</blockquote>

Verification