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Message: <blockquote data-quote="Silver Moon" data-source="post: 3931021" data-attributes="member: 8530">Chapter Two-hundred-thirty-nine, “Chester’s Testimony” , Monday, June 19th, 12:45 P.M. When Judge Isby and the jury come out of the building, Chester asks, "Everything OK, Judge?"  Isby replies, "Yes, everything's just fine, Deputy. We're just taking a lunch break. The jury and I are dining at the Territorial Office to avoid jury contamination. The Marshall will be out soon, then you can probably take a break also. We'll reconvene at 1:30 PM." Chester looks at his pocket watch. "Sounds good to me. I'll see you in an hour." Meanwhile, Kate is at Doctor Eaton's office and knocks on the door. James Eaton answers the door. "Oh, hello Mrs. Kale. I would have thought that you would have been over at Mr. Earp's trial right now. Did they break for lunch?" She says, "Good afternoon, Doctor. I only stayed long enough to testify at Mr. Watson's trial. There is no need for me to be at Wyatt Earp's trial and I had classes to teach," she said mildly. "I just found out about Mr. Kane's injuries. I wondered if I could see him?" The Doctor says, “Yes, he is feeling better. Millissa Smith just brought him over some soup which he has managed to hold down. That isn't always the case with wounds to the digestive system." He lets her in and she sees Job lying on the cot. He is wearing his pants and socks but has no shirt on, with several bandages wrapped around his chest. "Hello Kate, that you for coming to visit," he states. She replies, "I'd have come sooner but I didn't know anything about it until I read it in the paper," as she said and pulled a chair over to the side of the cot. She sighed and smiled at him sadly. "I think life has been a little to exciting for you over this weekend." Something suddenly occurred to Kate as she sat there. Mr. Tomlinson had not yet removed the vampire's influence from Job. He really may have sold his share of the Lady, but not under his own impetus. Job replies, "Yes indeed. Getting kidnapped in the middle of the night from my home by a man wearing my own face was not exactly what I would have expected." Kate says, "Is that what happened? That's not quite what the paper said, but I'm not surprised." Kate checked to make sure they were alone before going into any magically suspicious territory. "It just said you were hurt during an altercation at the tournament, and that a spectator was killed. It said something else, too. But there were enough mistakes in today's paper that I don't really believe it." Kane says, "Jon Harker came by a while ago and filled me in. That story was for public consumption, thankfully the reporters were all off sleeping at the time. The spectator was actually a dealer, the one pretending to be me. Jake recognized him for a fake and Father Valdez then stripped the disguise. Once his cover was blown he resorted to violence and tried to kill Deputy Rodriguez until Michael George shot him.” She nodded. "Jake has a good eye for people, especially friends. I wish they could have freed you without... Well, without you getting hurt.” Job says, "They tried, when my rescuers busted in one of the men stabbed me in the chest. He was still holding the knife and probably would have finished me off if it wasn't for Deputy Rodriguez getting him first. Valdez then kept me from bleeding to death and Eaton spent a few hours fixing me back to normal. Without either of those three men I wouldn't be here now." Kate says, “There was something else in the paper as well. It reported that you sold your share of the Lady to Evan Adair back on the 10th, although it was final until he'd transferred the money to you. Sounds to me like Adair might have been in on this with the man disguised as you." Job exclaims, "Damn, I was hoping that was all just a dream. I had no memory of that until yesterday but I think it may have happened. I remember Adair, Fisk, Bernice and Chumbley were all there when I signed it over. It was a few hours after Bernice and I came back from Wilcox. There was another man there too...her late husband's Uncle Colin, that man who hurt Ruby." Kate took his hand and squeezed it. "I knew you wouldn't do that on your own. There's no way to prove in court that your mind wasn't your own... unless Kevin Tomlinson has some other explanation than the truth." Job could feel Kate's hand shaking. "Colin Turner was here. I never really believed we'd killed him, but I'd hoped. Thank the gods Ruby left town; now I have only to hope he hasn't tracked her down while she's without us. Is there anything you'd like me to do for you, Job?" Job replies, "No, the Doctor has taken care of me for the time being. He says I need to stay still and not move for a while so that is exactly what I will be doing. That is a good idea about Tomlinson, he has the Judge's ear, maybe he can prove something." Kate says, "You're in good hands, and you're right to do exactly what the Doctor says. I'll talk to Mr. Tomlinson when I can, and Jake this evening and tell him what the truth is about the sale if he doesn't know already." She leaned down and kissed his forehead in a motherly sort of way. "Get all the sleep you can; it's the best thing for you. We'll work something out." He says, "Thank you Kate. I hear that Jake is doing well in the tournament. Hopefully the doctor will let me out in time to watch the end of it." She says, "I don't know much more than you; I had to be up early this morning so I couldn't stay last night." She unfolded the paper and found the article. "Yes, Jake, Adair, Hawkes, and Maverick are the remaining players. Darla Peacock was selected for the jury, as was Hannah Milford, so things will resume an hour after the trial ends for the day. Would you like me to read you what's in the paper today?" "Yes, please," he asks. Once Kate gets beyond the first page she sees that most of the paper consists of political advertisements. "All those ads," she shook her head. "With so many I doubt many will really look at any of them, quite a waste of money. A nice windfall for the paper though.” On pages 2 and the inside back page, page nineteen, detailed descriptions of the other trials that took place that morning. Job is pleased to hear what happened with the tournament cheaters while Kate is glad to see that Chumbley gave a very good description of Warren Watson's rant at the trail and Edwin's speech exonerating Conrad Booth of the prior claims to cheating. She says, “I was pleased with fines for the cheaters as well. As far as some of the crimes I've seen goes, cheating is pretty minor." Kate's voice turned warm and excited as she read about Watson's trial. "I was never really angry at him, I feel rather sorry for him truthfully. It can't be easy to live with that kind of hatred. I always wondered why he got involved in the play. He wouldn't have known Edwin Booth would come; I don't want to imagine he intended to hurt Conrad. But Edwin was impressive this morning. I hope Conrad will be more welcome in town after his brother made clear how those rumors got started." Job replies, "As far as I am concerned he is welcome at the Lucky Lady, assuming I am still an owner that is." "Thank you," she said with a soft smile. "There's something else in the story about the tournament." She opened the paper again to make sure it was right. "I don't know what happened there last night, but Adair must have been getting under Jake's skin. They have a side bet; whoever lasts longest in the tournament will win the other's saloon. If he already knew about the sale, I could see him doing it. Either he gets your part back, or he doesn't have to partner with Adair." Job says, "Hmmm, I had heard a rumor that Adair had that in mind for a secondary goal of the tournament but I am surprised that he conned Jake into falling for that. I hope Jake knows what he is doing, this could turn out very bad otherwise." "For all of us who call the Lady home," she agreed. "I wouldn't have thought he'd go for that either, he usually keeps a lid on his temper better. Try not to worry over it, just get yourself better so you can get back out there and doing. I'll talk to Mr. Tomlinson and perhaps I'll see you this evening." Kate slipped quietly out of the room after saying goodbye again. Doctor Eaton was there in his office and Kate asked, "Job will be alright? He looked like he was doing well." The doctor says, "Yes, the cut was deep but it didn't hit any vital organs. How are you doing Mrs. Kale? Are you going to be alright now that Janet has moved on? Should Beth stop by to visit you regularly?" "I'm having no problems expect needing a new wardrobe soon. It was nice to have another adult around, but I still have Ginnie with me so I'm not alone. I'm not really home all that much, to be honest. Mrs. Eaton would be more than welcome, but I wouldn't wish to inconvenience her when I've had no trouble. I'd thought myself that I should visit, but I could not think of an excuse." He replies, "You don't need an excuse, she would welcome it. She also has mentioned an interest in learning about horses, apparently that lesson she watched you give Mrs. Fly made an impression. Would it be possible for her and our daughter Rebecca to maybe begin lessons on Saturday?" Kate answers, "If they wish to. Riding is good exercise and a good hobby for anyone. I should warn you, I favor teaching everyone to ride astride. If you really want I can teach side-saddle, but it's not a very safe way to ride. I choose to wear pants, but Janet saw Mrs. Kelley and had a split skirt made. Those work just as well. When it comes to riding, I place safety above concerns about proper dress for ladies." He replies, "Mrs. Kale, I worked for nearly three decades as a Navy ship's physician. I understand better than anybody the importance of safety over aesthetics." "I'm glad to hear it," she nodded. "I should have realized. I have to get back to the school soon, but I should say hello to Mrs. Eaton before I go back. Is she home?" He replies, "No, at this time of day she would be at Peg Watkins sewing circle over at the Great Western Boarding house." Kate says, “Another time then. I doubt Peg Watkins would welcome me and I wouldn't want to make her uncomfortable. Janet was happy to have the chance to say good-bye to all her friends yesterday, I know." He says, "Yes. It is probably best that you don't stop by there. Mrs. Watkins is rather distraught over her son being sentenced to die and until the response comes to that appeal her friends want to keep her distracted in a good way." "That was my thought," Kate nodded. "I'll leave Job in your good hands, I must get back to my students. Thank you for letting me see him." He replies, "Any time Mrs. Kale, any time." Promptly at 1:30 P.M. the Earp trial resumes, Attorney Upton first putting into the official record the written testimony from Grant Porter the previous week and a written deposition taken afterwards which stated that Ashley King had been responsible for the deaths of Nick Thayer, Colin Hunter and Claude Buckley. Upton states that Deputy Marshall Chester Martin will be his first witness. He request that Marshal Berg leave the room so this his own testimony will not be influenced by that of Martin. Berg departs and Chester takes the stand. Upton first asks about the investigation of Claude Buckley’s death and what information Chester found out about it. Chester states, “Buckley had his throat cut one afternoon. This was a few days after the riot at the Marshall's Office. He was one of those who got shot. Anyway, I look around for footprints and find they lead back to Hamilton Fisk's house. Someone told me she saw Buckley go into Fisk's house in the morning and leave in the afternoon. But no one followed him. Somebody else told me she was with Wyatt most of the day, including when Buckley was killed." Next Upton says “Tell us what happened the following day when you and Marshal Berg rode out to the Crazy-8 Ranch.” Chester states, "Me and the Marshall rode out to the ranch to ask the hands questions about Buckley's death. Maybe they knew something we didn't. Denny Garvin from the Thayer Ranch, Ken Wagner, and Gordy Bryson were there. Garvin and Bryson, well they threatened us with rifles when we showed up. Bryson's about to shoot at us, when he gets shot from afar. I tell Garvin to drop his weapon. Just as he does it, he gets shot. We have no idea who it was, so the Marshall gets Wagner behind cover and I go riding after the shooter. He has a head start, but I catch sight of a leather coat and he's riding an Appaloosa.” Upton asks, "Deputy Martin, if the shooter had not intervened when he did what do you think the would the result have been?" Chester states, "Chances are that me or Marshall Berg would be on Boot Hill. Like I said, they had their rifles out when we showed up. Neither of us had drawn, reckoning we'd have a peaceable talk. The shooter saved our lives." Upton asks "From your investigation of the deaths of Ordway, Thayer and Hunter what conclusions did you draw regarding Mr. Earp's involvement." Chester states, "It looked like Jasper Ordway shot Earp's horse and Wyatt returned fire, killing Ordway. It looks like self-defense. We think someone else killed the Deputy Sheriff.” As Kate makes her way back up the street she sees that there are soldiers guarding the Marshal's Office and Jail Building and more soldiers outside of the Town Hall where the trial is starting up again after the lunch break. Through the windows she sees inside that the building looks to be packed with onlookers and that Chester Martin is giving testimony. Kate felt the urge to go inside and see what Chester had to say. There were certain to be things the Marshall's office knew that hadn't been shared. But it would be obvious, her coming in now and the school was waiting for her. The less she had to do with this trial the better, anyway. She walked back to her house and into the school room where the students were back at their studies. Inside, Attorney Upton asks, "Deputy, One of the men who Mr. Earp is accused of killing on the morning of the fifteenth was Stephen Wicks, who had been impersonating Denny Gaurin. I have heard that man died on the second floor of Hamilton Fisk's house while you were looking for one of the Koontz brothers for the Condon Bank Robbery and that Earp was not involved. You were there at the time, what exactly happened?" Chester clears his throat. "I found out that Elmer Koontz was hiding out in Fisk's house. I had a couple people deputized. They went upstairs and found Wicks. He tried to kill them, so they shot him." "To be clear about that Deputy, you are saying that Wick's death had nothing to do with Earp then? That he is completely innocent of that charge? Chester replies, "Yes, sir. Wyatt had nothing to do with that. My friends killed Wick in self-defense. He wasn't in Fisk's house." Upton continues, "And what happened following those shots? How is it that Porter Norris and Charlie Villars then became involved?" Chester takes a drink of water from a glass in front of him. "A bunch of guys came out of Liberty headquarters, including Norris and Villars. They get shot by someone I couldn't see. Then the hill goes up in flames. Stray round must have hit some dynamite. Anyway, before I know it, Earp comes running buck naked at Madsen. Madsen shoots and eventually hits Wyatt. Then the dynamite shed went up. That hurt." Following Chester Martin's response to Upton's final question Behan approaches the bench for his cross-examination and says, “Mr. Martin, you have speculated that you feel that Bryson, Garvin, Norris and Villars would have done harm to you and other town lawmen if Earp hadn’t murdered them but you do not know that for a fact do you? Didn’t you state that one of those men was actually surrendering to you when he was brutally killed by Earp? Might the others have done the same if they had been given the opportunity to? Chester says, "I don't know who shot Garvin and Bryson... or Norris and Villars for that matter. I never got a good look out at the ranch. What I do know is that Bryson and Garvin were pointing rifles at me and Marshall Berg. They threatened to shoot us." Chester turns to Isby and says, "When we said you knew where we were, your Honor, they threatened to kill you too. The guy at the ranch didn't shoot Wagner when he raised his hands. As far as Norris and Villars, I don't know what they were planning on doing once they left Liberty Party headquarters." Behan then asks, “Mr. Martin, isn’t it true that Mr. Earp did you a huge favor by hiring you on as one of his deputies? That prior to that you had been dishonorably discharged by the Army and had been fired for cause from jobs at both the Silverbell Mining Company and Condon’s Bank so were very thankful to have finally found employment? Doesn’t that make you now obliged to help the man who hired you? Chester replies, ""No sheriff, it doesn't. The Promise City Merchants Association hired me, not Wyatt. Heck, he wasn't even in town when I was hired. even if he did hire me, the law has to be upheld." Finally Behan says, “Mr. Martin, please describe for this court the common practice among lawmen known as ‘Professional Courtesy’ and as an example, in your answer describe the special consideration that you and Marshal Berg showed towards lawman Tim Courtright during his recent visit to town.” Chester replies, "Special consideration? Well we did tell him what we knew about the New Douglas Gang. He's a bounty hunter and was looking for some background on them. In return he gave us a line on Claude Buckley's killer. That lead us to Wyatt, but he had an alibi for the time Buckley was killed. The priest can vouch for that." After the Deputy's response to those questions Chester Martin is dismissed and Upton calls for Marshal Mitchell Berg to be brought back to the courthouse and take the stand. He has Berg outline the details of his own investigations of all ten deaths. Berg states that they could find no conclusive evidence linking Earp to Buckley’s death. Upton asks about the morning of June 1st and Berg desribes riding out to the Crazy-8 Ranch and how both Gordy Bryson and Dennis Garvin threatened them and drew weapons on them before being shot dead from a distance. Upton asks, “If that shooter had not fired do you believe that those men would have killed you and Deputy Martin?” Berg replies, “Absolutely, they said they would kill both of us and that they also planned to kill Judge Isby.” Berg describes the morning of June 7th and finding the bodies of Ordway, Thayer and Hunter. He says “We concluded from the evidence that the sequence of events was that Ordway was waiting in ambush for Earp and shot at him, killing Earp’s horse. Earp then shot back at Ordway, killing him, then rode away on Ordway’s horse. The other two were killed hours later by somebody else, as the bullets used were a different size and it would have not made sense for Earp to remain in the area.” Following up on Ken Wagner’s testimony Berg says “Our initial assumption that Wagner might have been the killer was because he had taken Thayer’s coat and gun, thus he had a motive. We were not looking for a scapegoat. I run my office with the highest of ethical standards.” Sheriff Behan cross-examines him and tries to get Berg to admitting to a personal relationship with Wyatt Earp but is unable to get anything to stick. Behan apparently is unaware that Berg and Earp had met in recent weeks as he does not ask about that, nor does Berg offer up that information.</blockquote>

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