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Message: <blockquote data-quote="Silver Moon" data-source="post: 1990612" data-attributes="member: 8530">Chapter 85, “Judge Isby's Court”, January 10, 1882:Jake takes off his hat and nods his head, "Your Honor." and takes his place. He swears in looking solemn. "Jacob Cook, El Parador Cantina here in Promise City, recently took employment with Condon's Bank as a guard.  Not more than five minutes before the shooting, I heard Tom here" Jake points to Tom Whipple, "tell me he asked Job to talk to the occupants of that room, and ask them to leave.  I sat in for Job at his poker table to deal for the rest of the night. Next thing I know I hear gun shots and I need a new deck of cards, as a bullet had put a hole in the card I was holding." "So I run up the stairs and peek into the room and see Job trying to get cover behind a dresser and Mr. Keach behind the bed. Mr. Keach then takes a shot at me. I didn’t even have a gun in my hand!” Jake holds out his empty hands to emphasize. “So from out in the hall way I ask him if he wants to talk instead of shooting, and he shoots at me a second time! Lucky for me Job Kane is a pretty good shot and shot him in the arm that was pointing the gun in my direction. I’d say that this man is lucky, a less brave man than Job Kane would have shot him dead instead of just taking out his gun arm.” Jake stops and nods towards Job. "After the shooting I did see Miss Foreman inside. I can't confirm her line of work or any discussions she may have had with others, but whatever she does for a living didn't require her to wear any clothes." This draws some quiet laughter from the crowd.   "I didn’t see or hear what happened before, but I can tell you I have no respect for a man who takes shots at unarmed folk just trying to help. I would seriously doubt their words." Jake finishes talking and looks at the judge for approval before he returns to his seat.Kate suddenly dreaded her turn on the stand.  After Jake's testimony Kate took the witness seat on the stage and spoke in a quiet but clear voice that carried to the back of the room. "I am Mrs. Thomas Kale, Katherine Jacqueline, maiden name Seagram. I reside at the El Parador Hotel and Cantina, and am currently employed as a Pianist and Waitress at the Lone Star Dance Hall and Saloon." "I noticed Mr. Kane go upstairs and Mr. Cook sat down to run his table. A moment later Mr. Cook held up a playing card with a hole through it. He then went upstairs as well. Another shot rang out and Miss West and I ran upstairs. From the hallway I could see Mr. Cook crouched by the door, and in the room Miss Foreman standing in the closet covering her with a sheet. A shot hit the doorjamb near Mr. Cook’s head, and I heard a shot from inside the room, and then pained moaning. The shooting was over at that point and Mr. Cook went inside the room and helped Mr. Kane bring Mr. Keach out. Miss West and I then went into the room. I asked Miss West to keep an eye on Miss Foreman while I checked her clothes for weapons. Miss Foreman remained in the closet and Miss West by the room's outer door until I returned her clothing. She got herself dressed, and Miss West and I escorted her downstairs."Ruby steps forward to the stand and gets sworn in. When asked her full legal name, place of residence and occupation she replies, “Constance Grace West, the El Parador Cantina and currently a singer,” she shoots Adair and Susie a dirty glance, “At the Lone Star Saloon.” She looks at the Judge’s raised eyebrows and says, “You can thank my mother for the name,” she says rolling her eyes. “I was singing that night and from the stage I noticed Jake go upstairs. We heard a gun shot come from up there so Katherine and I ran up to see what was going on. We heard another shot, which hit the doorframe as we got up there, saw Jake at the door, heard another shot, the one that hit Mr. Keach, and could see her,” nodding towards Suzie, “In the closet in a sheet.” “I asked what happened and Keach said Job tried to kill him and Job said he was trying to give the message from Tom Whipple that they had to leave and Mr. Keach pulled his gun so Job shot at him. They took Keach downstairs and asked us to take care of her, so Kate, uh, Katherine, checked her clothes to make sure she didn’t have a weapon, let her get dressed and brought her downstairs. I was never alone with her, none the less had time to tell her I orchestrated the whole thing.” “We took her downstairs and as we did we past Job, who was heading up to get his stuff for his jail stay. He gave us some money to get him food and books, which we bought from Judge Lacey and delivered to him the next day.  And for the record…” she looks right at Baxter, “Mr. Adair offered me a job working at his Saloon and I refused him because I don’t do that sort of thing so now he’s mad about it and making Suzie Forman tell lies about me! Only the lowest kind of person would do something like that.”Doctor Eaton is the next to testify and he discusses the nature of the injuries to Mr. Keach. He says that the charge for medical supplies and services comes to $ 6.00, which Mr. Keach was unable to pay.  Marvin Keach is asked to testify next. He has very little to say, stating that he was drunk at the time and has very little memory of what happened. He does add, “What I do remember was exactly what she said” and points to Suzie Foreman. Job Kane gives his account of what happened which conforms to Jake’s testimony. He states that neither Tom or Maggie Whipple approves of prostitution nor Job then challenges anyone in the room to think of a single instance where Tom Whipple ever solicited the services from a prostitute. “Tomcat doesn’t need to go to ‘em, he keeps ‘em under his roof,” a mineworker near the back of the room blurts out. Isby pounds the gavel and demands again that order be restore. The Judge then orders Colin Hunter to take the man who had just spoken up into custody to be tried for Contempt of Court following the other two trials. Hunter puts shackles on the man’s wrist and has him sit on the stage beside the three accused.   Job resumes his testimony. He explains how his first shots were just warning shots and how he only hit Keach’s gun hand after the man began to fire towards the doorway after Jake arrived. Judge Isby asks if any of the previous witnesses have anything further to add. Tom Whipple considers talking but then declines. The Judge then asks if anybody else present in the courtroom has anything else relevant to add to the case.   The Judge makes his ruling. He finds that Keach was only acting in self-defense so dismisses the weapons charge but still finds him guilty of disturbing the peace. He orders Keach to serve two-weeks in the town jail, less time already served, which can be further reduced by payment of a fine assessed at $ 5.00 per day of reduced sentence. He declares that Kane is guilty of the charges. The Judge chides Kane for acting so recklessly, stating that Keach was both drunk and surprised so could be possibly excused for his poor lapse in judgment, but that Kane was under no such impairment. He sentences Kane to one year of incarceration in the Arizona Territorial Prison, reduced by time served. He states that the prison time can be further reduced through payment of a fine assessed at $ 10.00 per day. Job Kane is also ordered to pay Doctor Eaton for Keach’s medical bill.   The Judge then declares a ten-minute recess until the next trial. Most people in the room apparently decide to stay for the next trail although Evan Adair and his two women depart.Ruby is fuming over the events that have just transpired. She was trying to push her way out to the aisle to confront Adair but was stopped by Jake and Katherine. "Oh he's going to regret this day..." she says out loud to no one.Judge Isby calls the court back to order. The only named witnesses to the next trail are Wyatt Earp, Pamela Yeats, Doc Eaton and the accused, Dudley Yeats. In addition to charges of disturbing the peace and the discharge of firearms within a public structure he is also charged with the more serious crime of attempted murder of a law enforcement officer. The first three witnesses give an account similar to that printed in the newspaper. When Yeats takes the stand he emphasizes that he meant no physical harm to the Marshall, that he was distraught and only wanted to be left alone. He points out that none of his shots hit the Marshall. The Judge makes the rhetorical comment, “So your main defense is that you are a poor marksman?” The Judge rules that Yeats is guilty and sentences the man to five years incarceration in the Arizona Territorial Prison, reduced by time served. He states that prison time can be reduced through payment of a fine of $ 10.00 per day (although the likelihood that Yeats would have $18,200 to pay it is somewhere between slim and none). Pamela Yeats hurries over to Mitchel Berg and quickly talks to him. Attorney Berg stands and says “Judge Isby. I will be filing an appeal of that ruling with the Governor. I request that Mr. Yeats be incarcerated locally until a decision on the appeal is made.” Isby says “Granted.” Isby then turns around and asks Sheriff Hunter “Is your jail fixed yet?” Hunter replies “No, we’re still waiting for a new iron grate for the window.” Isby turns to Wyatt Earp and says, “Today’s stagecoach already left so it looks like you get to keep him another night Marshall. You may bill the Territory for that expense. Tomorrow the Sheriff’s office will bring him over to the Cochise County Jail in Tombstone.” The Judge calls for another ten-minute recess before the final trial. More people leave but most stay around for the next trial.Jake goes quickly over to Berg after the second trial. "Mr. Berg, seems like Job Kane got a rather severe sentence. Is this Judge always this..." Jake pauses for a second "Harsh?" "Is there a reasonable possibility for an appeal do you think? And would you take on his case?".Berg replies to Jake's question, "You think that was harsh? From 'Hanging Nate' Isby? Isby likes civilized prim-and-proper law abiding citizens. What he dislikes are spontaneous people such as gamblers, saloonkeepers and saloon girls. And he absolutely hates any interruptions to his court. Your friend Ruby's outburst probably added six months to Kane's sentence. Look, Kane has the money for to pay the fine, which I'm sure Isby knew. Now if Kane had been smart he would have hired me from the onset. My fee would have only cost him $ 20 and I could have stopped that trollop from shooting off her mouth. File that lesson for future reference Mr. Cook, from what I've seen and heard about you so far I wouldn't be surprised if you find yourself in Isby's court at some point." Kate was surprised by Job's sentence until she heard the sentence for Mr. Yeats. Still, three thousand dollars. Could Job have that much? He was a gambler, and Katherine had seen Jake just last night bring in about $200. Perhaps Job could cover the fine. She tried to catch Job's eye after his sentence was read. He had proven her instincts about him true by his defense of Maggie and Tom. She smiled toward him and he gave a bit of a shrug.  After the second trial Kate walked toward the prisoners and addressed Wyatt Earp. "Is it permitted to speak to the prisoners?"  Earp says, "No, but this should be over fairly soon. I think that Isby is about to resume."Jake doesn't wait for the third trial and heads back over to the bank. Jake thanks Morgan Condon for allowing him to go over to court and asks him if he wants Chester to hang around.The third trial begins, the defendant being the man who had made the comment in court about Tom Whipple. Isby asks the man to identify himself and to state his case. The man is identified as Marcus Foote, a worker at the Gila Belle Mine who resides in a tent east of the town. Marcus’s defense is that he was responding to a direct question asked of everyone in the audience by Job Kane. Judge Isby says, “Yes, and if your comment had been a genuine answer to his question I would have allowed it. What you blurted out was not. Since I was present no further witnesses are necessary. I find you guilty of Contempt of Court and sentence you to a week in the town jail.” “Hey, don’t I get an option of a fine?” Foote yells out. Isby replies, “I wasn’t going to allow one because I think that a week of sitting in jail will help teach you when to shut up. But if you insist on the option of a fine I will accommodate that request. Your jail time can be reduced through payment of a fine assessed at $ 10,000 per day of reduced sentence.   Foote blurts out “That’s not fair, they only got $ 5 and $ 10 a day fines.” Isby replies, “Very well. I change my previous ruling. Your sentence for Contempt of Court is now two weeks in the town jail. Is there anything further?” Foote finally remains silent. The Judge asks everyone present if there is any other business to be brought before the court. Hearing no other business, Judge Isby states that he will be in Promise City until Saturday and that any further legal business can be brought to him during regular business hours at the Courthouse. He then dismisses the court. The bar immediately opens up and starts serving drinks while Warren Watson starts playing the piano and Al Brower, Pierre Jaquet and one other man begins moving the tables back and the Alhambra and Lone Star chairs over near the door. Brower stops Flossie to ask her to do something but reconsiders when he sees that she is on the verge of tears, and tells her to take her time and come back whenever she’s up to it. A third man, apparently the Comique’s bouncer, approaches the gambler Conrad Booth and says, “We’re a saloon again, and you’re still barred from here, so get out before I throw you out.” Once the court business was over, Kate turned to Maggie. "I'm sorry this was so horrible." She gave Maggie a hug. "I'll walk back to the Lone Star with you if you like. Then I'll go see if Job can afford to pay his way out, or if he needs any help. Are you going to be alright?" Maggie replies "I'm alright. It's Flossie who I am concerned about. Did you see how upset she was? "I would speak to her, but we haven't been introduced. Imagine what she would think if a strange woman approached her and asked about her personal life. But perhaps I can stop in to hear her before I come in to work and introduce myself. Seems she needs a friend as much as you do." The four accused and the three lawmen are still over by the stage. Marvin Keach asks permission to check with a few of his friends in the room for the $ 45 to pay his fine. Job Kane indicates that he also has the money to pay the fine and asks Deputy Sheriff Colin Hunter to accompany him over to the First National Bank of Promise City to transfer the money to the Arizona Territory’s account. Wyatt and Morgan Earp unshackle Keach and Kane while shackling Dudley Yeats and Marcus Foote together to bring them back to the town jail. Wyatt tells Job “Stop by later to pick up your things.”Ruby calms down and sighs at this new turn of events.   She remembers her lunch with Judge Lacey but doesn't see him around so she says goodbye to Kate, mentioning she will see her at the Cantina after lunch and goes looking for the Judge back at the General Store.</blockquote>

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