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Message: <blockquote data-quote="Silver Moon" data-source="post: 3303346" data-attributes="member: 8530">Chapter One-hundred-thirty-five “The Inquest”, Monday June 12th, 1882, 9:15 A.M. Deputy Marshall Neil Cassidy stops by the school to tell Katherine Kale that she will be needed in the courtroom.    He walks her to the Arizona Territorial Office Building.  All tables and large furniture have been removed from the main floor and extra chairs have been arranged in the courtroom to accommodate the potential crowds.  There are presently around thirty-five people in the courtroom.   Neil Cassidy and Marshal Mitchell Berg stand near the front of the room. Katherine Kale finds a seat between Jake Cook and Emery Shaw.    She spots Evan Adair, Kitty Trent and Bob Scull seated in the back row.   She recognizes most of the faces in the room.   Jason Snavely is not present yet. Bailiff Kevin Tomlinson calls the court to order and announces Judge Isby’s presence.   Judge Isby enters, attired in his Black robes.  begins by saying “At the request of Marshall Berg we will be holding an inquest this morning rather than a trial.   The main difference is that where a trial is used to determine guilt or innocence an inquest is a legal inquiry for the purpose of determining further information regarding one or more criminal acts.” Hamilton Fisk raises his hand and is recognized.  He stands and states, “Judge Isby, I wish to go on record with my objections to this procedure.   An inquest is a miscarriage of justice!  If the lawmen of this town lack sufficient evidence for a trial then they should continue to work the case until they have it.   Call it whatever you wish but this is nothing more than a witch hunt, with the accused not allowed the legal counsel they are entitled to.”   Judge Isby says, “Your objection is noted.    As far as legal counsel are concerned I will reiterate what I told you earlier, that formal charges and sentencing will not occur as part of the inquest.   With any arrests made based upon this morning’s testimony the person or persons given sufficient time to secure legal counsel prior to a formal trial.   For that reason I have asked both you Attorney Fisk and also Attorney Upton to be present, should either of you decide to provide legal counsel in the future.   And under normal circumstances I would have denied the request for this type of proceedings, given that the nature of an inquest allows Marshall Berg far more latitude than would occur at a regular trial.  I strongly caution Marshall Berg to not abuse this privilege.   I have agreed to grant this request primarily because of the death of Mr. Avery, as it appears he was killed as a result of unfounded rumors.   I wish to curtail future violence resulting from rumors and the best way to do that is get the actual facts out in the open.   Five people were brutally killed in this town yesterday.  It is time for this lawlessness to end.   And as for your ‘witch hunt’ comment, this nations legal and religious scholars have always held the Colonial-era Salem Massachusetts Witch Trials as a key event in our nation’s history, helping to establish this as a nation of law and gods and not of wizardry.   The two-hundred or so witches and warlocks put to death as a result of those proceedings paved the way for the freedoms that we all enjoy today.  I take great pride in that heritage.” Kate reached over and squeezed Jake's hand.  It was possible she would have to lie today.  If she was asked how the mask had lifted far enough for her to see, she would have to flat out lie.  She had hoped if it ever come to it the Judge might be lenient, might understand that she only used what she knew in defense of herself and her friends. She had used a magical attack against Snavely.  If he mentioned it she would have to lie about that as well.  She took a few deep breaths and tried to put on a calm face. Jake turns to Katherine and whispers, "What is wrong?" She whispered so low it was difficult even for Jake to hear.  "The judge just told me what he thinks of me, even if he doesn't know it.” Jake mutters, "Oh."  Was she seen performing the forbidden? Berg calls as his first witness Mr. Evan Adair.   Adair takes the stand and Berg asks, "Could you please tell the court what transpired with your saloon yesterday morning?"   Adair says, "Yes, a bunch of hooded outlaws rode into town and blew it up.   My bartender Dave Carleen died defending the place and one of my other employees, Sara MacBride, died when a wall collapsed following a dynamite blast."     Berg asks, "Were you injured yourself?"   Adair says, "No, I was down the street at my home during the attack."   Berg asks, "And who else was with you?"  He replies, "Bob Skull and Kitty Trent were both there with me."   Berg asks, "And do you have any idea, other than unproven rumors, who was responsible for the attack."   Adair says, "That's what I'm here to find out today!"   Berg then asks, "And do you know who was responsible for the death of your Mayoral race rival Derek Avery?  Adair says, "I have no idea, and don't go trying to blame me for that, I was with Kate Higgins and Kitty Trent for several hours last night when the death occurred."   Berg thanks him for his testimony. Kate began to breathe easier.  The questioning seemed very matter-of-fact.  Her part here would be small, and hopefully she could phase her answers in such a way that were in fact true without being too revealing. Berg calls Miss Kitty Trent to the stand.  He asks, "Do you have anything further to add to what Mr. Adair stated about what transpired at the Palace Saloon yesterday?"   She says, "Only that I will greatly miss Sara, she was a sweet girl." Berg asks, "Miss Trent, could you please tell the court how you know a Mr. Carson Block?"   She replies, "He is a rancher at the Crazy-8 Ranch.  He plays faro and poker at the Palace."    "And also participates with the others services offered there?" Berg asks.   She replies, "Yes."     He then asks, "And you have provided those services to Mr. Block."  She replies, "I no longer participate in those tasks." Mr. Berg says, "Yes Ma'am, I am aware of that.  But when you did, Mr. Block was one of your regular acquaintances was he not?  He was in your company at least one night every weekend, sometimes both nights, is that correct."   She says, "Yes, but what does..."   He interrupts and says, "Miss Trent, would it surprise you to learn that Mr. Block was one of the participants of yesterday's attack on the Palace?"     Her face takes on a shocked look.   She says, "Yes it would, why would he do that?   If you know he was one of them then why haven't you arrested him?"    Berg replies, "Ma'am, he was one of the two men who did not survive the attack.  He is now over at Lester's Funeral Parlor."   Her face takes on another shocked look. s the questioning of Kitty Trent continues, Jake keeps his smug feelings hidden. Berg continues, "Miss Trent.   The following two items were given to me today, one is a liquor order from last month to Hoover's Liquor.  Another is for some custom jewelry work at Hammer's Jewelry and Locksmithing from two months back.   Did you write out both of these?"   She looks them over and says, "Yes.  Why?" He then says, "Because the handwriting on those exactly matches this note..." which he then removes from his pocket  "...that was found on the body of Mr. Carson Block."    Berg then reads the note: I am giving this note to your intermediary as instructed.  I expect we will be out of the Palace Sunday morning at home as usual. I will make certain we do not leave before that time, after all women need time to get ready.  Why do you need me to do this, what is happening?  I am becoming increasingly concerned that he suspects me.  It is time that you provided the balance of the money promised for my services rendered.  It has not been difficult to keep part of his attention on Cook and away from you.  At times like that he can be quite easy to manipulate.  Enough is enough, if I do not leave soon I fear I will go the way of a previous lover.  Do not believe I can keep your secret for long if I am discovered.  As you know he can be quite ruthless with traitors. Kitty exclaims, "I wrote no such thing!"   Berg says, "I will leave that to the Judge to decide."   He hands the note and other papers to Isby.   Judge Isby looks them over and says, "These appear to all be by the same hand.    Marshall Berg, do you wish to make an arrest at this point in time?   The author of this note asks, 'What is happening?'  I do not know if you could prove conspiracy to commit murder from this alone?" Marshall Berg replies, "Not at this point in time Judge, however for her own safety I am offering protection for Miss Trent while she considers her options and decides what to share with us."   He turns to the saloon-woman and says, "Mrs. Barker is at her home and will see you safely to an undisclosed location while we ensure that nobody present here follows you out.   I hope that your memory returns soon and we can resume this discussion.  You are dismissed." The clearly frightened young lady leaves the stand and hurries out the door. Jake keeps his glee hidden and thinks “Block was an old customer of Kitty Trent! That was a fortunate break for my plans.  Not so much for Miss Trent.” Berg calls undertaker Dick Lester to take the stand and asks about his examination of Derek Avery’s body.    Lester says “The cause of death was obvious, a wound to the heart caused by a large cutting blade, from the size of the wound most likely a Bowie knife.”   Berg asks, “Was there any other bruising on the body?”   Lester says, “Yes, around the neck or chin.   It appears that the attacker approached him from behind and wrapped his left arm around Mr. Avery’s neck and then stabbed the knife in with his right hand.” Berg asks, “Was there anything else out-of-the ordinary about Mr. Avery’s wounds?”   Lester replies, “Yes, a cracked rib and corresponding deep bruise was an inch below the stab wound.  From the center of that bruise I removed an inch-long splinter.   Berg asks, “What could have caused that?   Lester says, “It appeared to have been a second thrust into the chest with a wooden object.”   Berg thanks him. He then calls Cole Rixton to the stand.  The is much murmuring throughout the room, as it is well know that Rixton had previously dated Avery’s fiancé Liza Brown and was displeased that she had spurned him.   Berg hands Rixton a magnifying glass as the aforementioned inch-long splinter. “Mr. Rixton, you are the town’s resident expert on carpentry with wood.   What can you tell me about this splinter?”     Rixton looks closely and says, “It appears to be from an ash tree, with a light lacquer on side.”     Berg asks, “Is that type of wood common to this region?”   Rixton replies, “No, it is not.”   Berg asks, “Where in this town wood somebody obtain that wood with that shade of lacquer?”   Rixton nervously replies, “I am the only one in town who uses those.” Kate watched closely as Mr. Rixton answered the questions.  She had no doubt that he was innocent of any wrongdoing; he made furniture for people all over town.  Anyone could have gotten their hands on that piece of wood. More interesting was the fact it had been used at all.  Kate wracked her brain, trying to remember when she had last been Derek Avery in the sunlight. Jake suddenly remembers bumping into Rixton who was going late to the Unity Party gathering and wonders who else saw him. There is much commotion in the room.   Many people comment how Rixton had not only motive but knives of all sizes that he uses in his furniture work. Chumbley is writing frantically.   In the back of the room a smile comes to Evan Adair’s face.   Judge Isby calls the room to order.  Berg asks, “What type of cut would have caused such a splinter?”   Rixton examines it further and says, “A sharp irregular cut.”   Berg says, “You heard Mr. Lester’s testimony about the knife thrust and the second wound.   If a second wooden object had been in the same hand as the Bowie knife could the knife have slipped and caused that splinter?”   A bead of perspiration appears on Rixton’s brow and he replies with a defensive tone, “I wouldn’t know. Kate shared a glance with Emery Shaw sitting next to her, aware that if Mr. Rixton was not cleared of all suspicion quickly, the chances of the party succeeding would fall drastically. Berg replies, “I’m not accusing you of anything Mr. Rixton.  I’m only asking you to give thoughtful speculation based upon your carpentry experience.  If somebody had both a wooden object and knife in their hand at the same time and struck an object as Mr. Lester described would the knife slip and cut the wood?”    Rixton stops and thinks.  He then says, “It is more probable that the wood would slip and strike the knife.   The hand would probably have a firmer grip on the knife hilt than the wooden one.  From Mr. Lester’s description the wooden object had struck a rib bone which could have caused it to be knocked upward.”         Berg takes out a Bowie knife and hands it to Rixton and says.   “Holding this in your right hand, please demonstrate how you would hold it in the manner that Mr. Lester suggested.”   Rixton picks up the knife and warps his fingers and thumb around the hilt.   Berg asks “How could you also hold a second wooden object below it?”   Rixton says “I really couldn’t.  The only way would be if I extended my thumb and…” The furniture maker’s face then becomes animated as he pieces together where this line of questioning is headed.   He looks up and loudly exclaims, “Or unless the thumb itself was the wooden object!”     Berg asks, “And have you constructed wooden thumbs for anybody in town Mr. Rixton?”   Rixton loudly exclaims, “Yes sir I have, I made one for Mr. Bob Skull two weeks ago after his own thumb was shot off in the riot!” Kate almost sighed audibly before she stopped herself.  She almost felt guilty about feeling so relieved, but she didn't want to see him persecuted and innocent anymore than she wanted to see him guilty.  She also felt guilty about thinking of politics rather than Mr. Rixton's suffering. Jake has to forceably remove the smile from his face.  Now Bob Skull?  He composes himself and makes the obligatory disapproving glance at Evan Adair, expecting to enjoy every moment of it. Berg pivots around and stares at the back of the room.  “Mr. Skull, could you please come forward?  I am curious to see if your wooden thumb has a cut on it that  matches the splinter that we found on Mr. Avery”     Skull sits shocked for a moment.   "Come on Mr. Skull, we don't have all day," Berg states.   The man finally stands and starts to walk forward.   Despite the endless worries rattling around her mind, a smile tugged at the corners of Kate's mouth.  Mitchell Berg was not the Marshall right now, but what he should be, an attorney.  This was his element, and it seemed suddenly very wrong that the town should ever have taken him out of it.  The fact that Bob Scull was about to be exposed didn't discourage the smile either. As Skull walks Jake Cook thinks that he notices something cupped inside of Skull’s right hand. Jake quickly catches Tomlinson's attention.  With a urgent look on his face Jake points to Skull, closes his own right hand and raps on it several times with the index finger of his left hand. Tomlinson goes to intercept Skull and says "What do you have there in your hand sir?"   With a masterwork of sleight of hand, that almost goes undetected even for Jake, the aforementioned Skull begins to raise his hands while simultaneously slipping whatever was cupped in the right hand up into his right sleeve of his jacket.   Skull opens his palms to show both Tomlinson and those assembled in the room that they are empty. "Nothing," is his reply. "What is that sticking out of his sleeve?" Jake says to Shaw just loud enough for Tomlinson to overhear him. "And your sleeve sir?" Tomlinson asks.    "What this?" Skull says as he reaches up his sleeve and removes a capped black metal fountain pen, "It's a pen."   Tomlinson then reaches over and pats down both arms to confirm there is no other contraband.     Rixton vacates the witness seat at the front of the room and Skull takes a seat, while nervously holding the fountain pen between his index and middle fingers and tapping it on the desk.    Berg approaches and says, "Please extend your right hand sir so that I can examine that wooden thumb."   Skull passes the fountain pen over to his left hand and extends his right. Berg locates a small cut on the thumb, which he places the splinter on and announces, "An exact match."    Skull exclaims, "I'm really not surprised but I'm innocent.  That cut was there when Rixton fitted me with that thumb, this is all a frame up!  Rixton killed his gal's new lover and is now trying to pin the murder on me." Kate suddenly remembered a scene at the back door of the Lone Star.  Jeff Mills pointing a gun at this very man, only moments before Ruby hit him over the head with a frying pan.  Hopefully this time he would end worse than waking up in a pig pen. Judge Isby says, "Well, Mr. Skull, that assertion should be easy enough to prove.   Bishop Costas Papandraus knows how to cast a 'Truthfulness' spell which will determine once and for all which of you is lying.   Deputy Cassidy, the Bishop was planning to take the Wilcox stagecoach as far as Dos Cabezas.   Please head over to Morand Cartage and see if it has left yet."   Neil Cassidy leaves the room. Fisk stands and says, "Judge Isby, it is illegal to use that spell in a court of law, the Supreme Court itself made that ruling."     Judge Isby replies, "That is not entirely correct sir, I am well versed in the United States Supreme Court's 1866 ruling in the case of Peabody vs. Sherman.  It ruled that a local priest could not use the spell due to the priest's own biases towards the individuals being questioned.   It does allow for the exception of Regional Bishops to use the spell in conjunction with felonies where they are not personally involved in the case." Fisk says, "How can you say Bishop Papandraus is not personally involved?  He helped heal the people at the Palace who were injured in the attack."      Berg says, "I disagree.  Attorney Fisk's point may be valid in regards to the attack by the hooded outlaws.   Avery's murder is a different case altogether, it took place twelve hours after the attack and the Bishop was in no way consulted on it.  Plus as was already stated here, the motive for that murder could be completely unrelated to the morning's events." Isby says, "I agree.  In regards to the Avery murder I feel that the Bishop's answer from the gods would be both valid and the most expedient course to take.   As to any other applications of the spell I will rule on a case-by-case basis." Kate wasn't sure if she should be relieved or not.  There was a law against magically compelling truth, which was good for her.  But it could also be circumvented, and even if it was legally, it would be too late to sue if it were ever used to discover her talents.  For now, she just enjoyed the idea of getting the truth out of Bob Skull.  Too bad they couldn't ask him more questions. Cassidy returns after ten minutes and says, "The stage already left, and those priests weren't the only ones on it.   Instead of going to the Barker's house Miss. Trent went straight to the stagecoach office and got on."   Berg says, "Well, we can take care of that.   Deputy Cassidy, tell Chet to bring Mr. Snavely over here.  Then take Deputy Rodriguez and try to find either Hank Hill or Morgana Arcadium.   Arcade's Gang has a vehicle that can get to Dos Cabezas before the stagecoach does and if Mr. Hill expects to garner any votes for Marshall in this town he had better help out the law when asked.    The two of you go with them and bring back the Bishop as well as Miss. Trent."</blockquote>

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