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Message: <blockquote data-quote="Silver Moon" data-source="post: 3650036" data-attributes="member: 8530">Chapter One-hundred-seventy-eight, “Friday Morning Trial”, Friday, June 16th, 8:00 A.M. Berg heads out and returns with Chester.  They have their three prisoners shackled together, namely 'Mad Dog' Mike Moore, Ike Clanton and Elmer Koontz.    The Judge orders Moore to be unshackled and to come take the witness stand.   Judge Isby says, "Mr. Moore, this is your lucky day.   Unlike your two associates, who have serious charges against them, the charges against you are less severe.   You are charged with harboring a fugitive and participation with the use of wizard magics.   Combined, I could sentence you to five years in prison.   Instead, I plan to sentence you to only five months in exchange for your cooperation.   I will ask you a number of questions and you will answer them.  If you do not answer them to my satisfaction you will receive the maximum sentence.   Do you understand what I have just said?"   Moore replies, "Y...yes Sir." Chester looks at Moore to see what he'll say about Koontz and Fisk. Kate relived the day before her mind, trying to remember if she had exhibited any talents in front of Moore.  She couldn't remember doing so, so still sat up straighter to listen to his testimony. Isby says, "Mr. Moore, both Koontz brothers and both Clanton brothers were wearing false faces and living under assumed names.   Tell me what you know about that." Moore says, "Earp was after the Clantons.  They got Vaughn Palmer, who had been in town before as Stephen Murdock, to change them.   Ike Clanton posed as Daniel Madson and Billy Clanton posed as Morris Noah.  The Koontz brothers were also wanted and pretended to be Norman Peterson and Clifford Clavin." Isby then says, "Three of those were fictitious but what became of the real Dan Madson?  He lived in Tombstone."     Moore says, "He and his brother Bronco died last year in Mexico with Old Man Clanton so their identities were available.   Johnny Ringo had his friends impersonating them since, and after he died then Palmer took over with that identity."   Isby asks, "And the Bronco Madson running for Town Council?  Who was he?"   "That was Palmer," Moore replies. Isby says, "Were there any other false identities associated with Palmer?"   Moore hesitates while staring at Fisk and then says, "Yes, Town Council Candidate Denny Guarin.  The real Guarin died last week, a miner named Stephen Wicks was using that identity." Chester whistles, drawing a sharp glance from the judge. Chester stops and looks down at the ground for a moment. This conspiracy ranges wide. Kate nodded.  Messier had told them about Wicks wearing Guerin's face.  She wondered how they were going to tell this whole story without mentioning the creatures. Isby says, "So, two of these wanted men were Liberty Party candidates.  What about Porter Norris or Hamilton Fisk?  They were part of the party too, how were they involved?" Moore replies, "I don't know.   You'll have to ask them yourself."  Isby says, "That will be hard to do with Mr. Norris, he's dead.    What is your...speculation...about Mr. Fisk's involvement."    Fisk yells out "Objection!  You can't ask for speculation!  His answer has no merit."   The Judge pounds the gavel and says, "I assure you Mr. Fisk, you will be given an opportunity to speak this morning.  But if you speak up again out of turn I will have you jailed for contempt."    He turns back to Moore and says, "Please answer my question."   Moore says, "They wanted Fisk for his money, they used to be bankrolled by the Clantons but that ended when Phinny Clanton got tossed in prison.   So they needed him to bankroll Vaughn's operation.  Magic stuff don't come cheap and Fisk is rich.  I don't think Fisk knew what was really going on, they did all of the secret stuff at Madson's store and the Ordway Mine, not at either of Fisk's places." Chester shook his head slightly. Fisk is one slippery devil. He managed to keep himself at arm's length. Unfortunately this was also what Kate expected.  Fisk would sink fairly low, but dealing was monsters didn't seem his style.  He would want to be in charge, and with vampires you don't get the option to be in charge. Isby says, "Alright Mr. Moore.  You mentioned the Ordway Mine.  What can you tell me about the deaths of Jasper Ordway, Nicholas Thayer and Deputy Sheriff Colin Hunter?"     He replies, "Only what I overheard afterwards, a lot of which was just guessing, so some of this may not be altogether true.   Palmer and his second in command, Dooley Wilson, were using that as their base.    Hunter somehow got wise to them and so they tricked him to come out there, figuring a remote spot would be the best place to kill him.   But Earp showed up and ruined their plans.  Earp shot Ordway.  Then Vaughn shot at Earp and being a crack shot hit him once or twice, just wounds apparently, as Earp then rode off on Ordway's horse.  Earp had a partner too, that was who shot Thayer, I'm not sure who it was."   Isby asks, "And what became of Mr. Wilson?"   Berg speaks up and says, "He's dead.  According to what I heard he got too clever and tried to trap Deputies Martin and Rodriguez in the mine.  I believe he died in a cave-in that he himself caused." Kate had not been there herself when Dooley Wilson died, but she knew that he didn't die in a cave-in.  Mr. Berg had jumped in to answer that question pretty quickly.  Of course, she would not have trusted Moore to know what to keep to himself either. The Judge says, "Thank you Mr. Moore.  It is probably not safe to return you to the same jail cell as Mr. Koontz and Mr. Clanton.   Deputy Sheriff Nagle, will you please bring Mr. Moore over to your jail instead?"   The man agrees to do so, handcuffing Mike Moore and bring him out. Isby calls for Ike Clanton to take the stand.   He says, "Mr. Clanton, you are wanted in Tombstone.  In fact, I believe the only reason you haven't been formally charged is because people thought that you were dead.  You will be extradited to stand trial for those charges as well but I am charging you with the use of wizard magics.  How do you plead?"   He says, "Not Guilty."   Isby says, "Very well.   Deputy Martin, I believe that you know otherwise.  Please come forward and testify as to what transpired at Madson's Hardware Store yesterday afternoon." Chester takes the stand. "Well, your honor. Me and a few friends of mine went to Madson's hardware store because I heard that Brice Koontz was hiding out there. Clanton and him were in some sort of sorcerer’s disguise. When confronted him, Koontz tried to shoot me. During the fight, Clanton caused a few stuffed animals to come to life. They attacked us, but we got the upper hand on them." The Judge says, “Thank you Deputy."   He turns to Clanton and says, "Magical disguises and magical enchantments of animals?"     Clanton says, "That was Vaughn's doings, I'm no wizard."    Tomlinson speaks up and says, "Vaughn Palmer wasn't there, I believe that you stated the command word to activate the magic Mr. Clanton."   Clanton begins to speak with Judge Isby pounds the gavel and says, "I have heard enough.  I will not tolerate the use of wizard magic under my jurisdiction.  I sentence you to three years in the Territorial Prison added to whatever sentence my Tombstone counterpart assigns to you." Clanton is removed from the bench and replaced by the man whose face still resembles the man who went by the name of Clifford Clavin.    Father Thomas Valdez is called in and the Judge asks, "Can you call on your gods to strip the magic from this man?"   Valdez states, "I can."  Isby says "Then proceed." Valdez waves his hand and states an incantation as the seated man's appearance transforms back into the form of Elmer Koontz.   Several people in the audience react to witnessing this change.   Judge Isby calls the court back to order and says,  "Elmer Koontz, I had previously found both Pinto Joe Weams and Pamela Yeats to hang for their participation in January's robbery of Condon's Bank.   As a participant in the same robbery I grant that sentence to you as well, the execution to take place today.   If it is any consolation to you, you have managed to live for three days longer than your associate Weams and I trust that a similar fate also awaits Mongo Bailey, Sally Fox and Pamela Yeats, who are now in the Colorado State Prison.” Inside her, Kate spared a prayer for Pamela Yeats.  Whatever she had done, Katherine had seen the woman's pain at the death of her husband.  And even though they had committed the crimes and deserved the punishments, the sentences to hanging made her skin crawl.  Perhaps it was the idea of the spectacle that would surround them. Marshall Berg and Deputy Martin depart with the prisoners Koontz and Clanton.    Chester’s eye dart up to the roof of Rixton's Furniture, where Neil Cassidy is positioned with a rifle to monitor the route between the Jail and Territorial Office in case associates of theirs attempt anything.  They arrive back at the office where Helen Barker is guarding on the porch with Earp's attorney Elihu Upton patiently waiting.   Helen unlocks the door to the office and they head inside, Eduardo indicating that Earp has been cooperative.   The two prisoners are secured in their cell before Wyatt Earp is removed.   He is handcuffed to Berg with Martin told to walk a short distance back with his weapon ready. Chester says, "OK, Marshall. I'll be extra careful. There's a whole bunch of people in town who'd like to take a shot at Mr. Earp here." Chester checks his shotgun to make sure both barrels are loaded. "I'm ready when you are." Berg says, "Let's get going then. We don't want to keep the judge waiting." Marshall Berg and Deputies Martin and Rodriguez enter the courtroom with Attorney Elihu Upton Wyatt Earp.  Earp is attired in a new suit.  Wyatt Earp is handcuffed to the Marshall and is escorted to the witness chair where Berg unfastens the handcuff on his wrist and reattaches it to the chair.   Frank Leslie also arrives.  Tomlinson announces that Deputy Sheriff Leslie will serve as the prosecutor of this case. Judge Isby says, “I have modified the initial list of charges that had been submitted to me by the Deputy Sheriffs based upon new evidence presented this morning in the testimony of Mr.  Michael Moore.”  He turns to the defendant and says, “Mr. Earp, you are charged with the murders of Gordon Bryson, Claude Buckley, Dennis Garvin, Porter Norris,  Jasper Ordway, Vaughn Palmer, Charlie Villars and Stephen Wicks.  How do you plead?”   Frank Leslie stands and says, “Judge Isby, I object.  I appreciate that Moore’s testimony indicated that Garvin and Madson were actually Wicks and Palmer.  However, Moore’s testimony that Earp was not be responsible for the deaths of Nick Thayer and Colin Hunter was based upon hearsay and rumors.   I request that those two names remain in the charges as well.”   Isby says, “Granted, although the burden-of-proof still rests upon you Sheriff Leslie.  Including those two might weaken your case if what Moore said proves to be correct, as it would also cast doubt on your other accusations.” Frank Leslie says, “Sir, it is not just those two.  You also omitted the names of another twenty-six individuals killed by Earp’s vigilante gang within the Arizona Territory during the prior three months.”   Judge Isby says, “I did indeed.  And charges will not be filed in any those cases unless you can present me with evidence that those individuals were killed specifically by Wyatt Earp rather than at the hands his brother Warren Earp or Warren’s friends Sherman McMasters, Turkey Creek Johnson, Charlie Smith and Texas Jack Vernillin.   Mr. Leslie, aren’t ten murder victims enough for you to prove your case?  Do you really need three-dozen?”   “I guess ten will have to do.  I only need to prove one for a hanging,” is Leslie’s reply. Kate sat up straighter.  She had forgotten that along with being a hanging judge, Isby was also a stickler for the regulations.  Was it actually possible Wyatt Earp could escape this without a noose going around his neck? The Judge repeats his earlier question regarding a plea.   Elihu Upton stands again and says, “We are not prepared to enter a plea at this time.  I hereby formally request to withdraw as Mr. Earp’s legal council.   My area of expertise is primarily financial and contract law rather than criminal law so he would be better served by another attorney with more experience in criminal matters.  Given the notoriety of this case I doubt you will have trouble finding lawyers volunteering to serve.” Judge Isby states, “Mr. Upton, just two weeks ago you defended Marshal Berg and Deputy Marshal Barker in a criminal matter and did a fine job.  You have passed the bar examination for criminal law and have earned a reputation for honesty and good citizenship which also enhance your defense.   I for one have no desire to see this case turned into a national media circus in the hands of some opportunist lawyer more concerned with self-promotion than the actual facts of the case.   So Mr. Earp will be tried as expediently as possible which means that you will be his attorney as the town’s two other lawyers, Berg and Fisk, both have conflicts of interest while you do not.   Any new lawyer would also request a continuance to have more time to spend with the client.  Given the potential national attention that you referenced I do not feel that a delay would be in Mr. Earp’s best interest in regards to receiving a fair trial.” Upton replies, “Judge Isby, if I am required to serve then I too am asking now for a continuance of at least the week-end.  I have barely had time to work with my client and when I did meet with him Mr. Koontz and Mr. Moore were both within earshot, which limited what he could communicate to me.   And regarding conflicts, I now formally request that you not be the one who gives the verdict in this case.”   Judge Isby’s face grows red and he angrily retorts “Are you questioning my impartiality Sir?” Kate's cringed a bit along with most of the others in the room.  Judge Isby's impartiality was legendary.  What could Mr. Upton give as his argument? Upton remains calm and replies, “No sir, nor would anybody who has had the privilege of being in your court room.   However a number of other people, including the courts of appeal, might question the decision Sir given that those individuals have not personally met you.   I am not saying that you shouldn’t hear this case, in fact, I would prefer that you be the presiding judge.  I am saying that for you to serve as both judge and jury might raise questions regarding conflicts of interest given that you served here as Judge during the same time period that Mr. Earp served as Town Marshall.   I am therefore formally requesting a twelve-person jury be seated to decide the outcome of this case rather than a directed verdict from the bench.” Chester lets out a breath he didn't know he was holding and thought to himself “Good thing Judge Isby is as fair as he is severe. Otherwise, Upton would be in a heap of trouble. Is the judge also going to act as the prosecutor? If not, then who?” After a long pause the Judge says, “Those are both valid points Attorney Upton and you have expressed them well.   This court will reconvene at 7:00 A.M. on Monday morning at which time jurors will be randomly drawn from the listing of registered voters.   Council for both the prosecution and defense may raise objections to potential jurors at that time although merely knowing the accused or one of the deceased will be insufficient to disqualify an individual, a truly substantial reason must be presented to invalidate a juror.   Once the jurors have been gathered and then questioned as to whether they could render a fair and impartial verdict the trial will begin.” Attorney Upton asks, “And regarding my motion for alternate counsel for the accused?”   Isby says, “You may retain whomever you wish as co-council Mr. Upton but you will remain Mr. Earp’s primary lawyer.”   Frank Leslie says, “Sir, if we are waiting until Monday for the trial I would request that my boss, County Sheriff John Behan, act as the chief prosecutor.”  “Granted,” Judge Isby replies.   He then says, “Given the number of potential spectators for this trial the venue will be the Promise City Town Hall." Kate reflected that thankfully she wouldn't have to sit on that jury.  The fact that Wyatt had saved Henry's life should be enough to keep her off it without having to say anything else. He pounds the gavel and states, “Court is adjourned until that time.”  Simultaneous to the gavel being pounded down the door opens and in walks independent candidate for Town Marshall Hank Hill.  He states, “Not so fast Judge, I’ve got a few more guys here for ya.”</blockquote>

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