Sauls looked confused by the question. “I don’t understand.”
“Let me restate the question. Rather than being in the middle of a block, your store is near the end of a block, correct?”
“Yes, that’s right.”
“Tell me, Mr. Sauls, what would sound louder to you in your store—a gunshot fired just outside your door or one fired ‘moments later,’ to use your words, after the shooter walked around the corner?”
“I guess the one fired around the corner might sound farther away,” Sauls admitted.
“How long would it take for a man to run from your shop to the Opera House?” Price asked.
“Run?”
“Yes. How long would it take for someone to run that distance? A ‘few moments’?”
“Not long. Less than a minute, I suppose.”
“Could Frank Mullins have run it in less than a minute?”
“Objection!” called Roberts, jumping from his chair. “Now defense counsel is asking for an opinion.”
Price smiled. “I withdraw the question, Your Honor.”
***
Roberts called Alfred Mullins as the prosecution’s next witness.
“Are you related to the deceased, Frank Mullins?” Roberts asked.
“He was my cousin.”
“Do you feel your testimony will be influenced in any way because of that relationship?”
“If you mean am I going to tell the truth, the answer is yes.”
Roberts continued. “Were you with the deceased on the evening in question?”
“Not all night, but most of it.”
“Were you with him when gunshots were fired in the eastern part of town?”
“Yes, I was.”
“And who fired those shots?”
“I don’t know.”
The lively banter of two men unloading a wagon drifted into the courtroom, distracting several jurors. Barksdale gestured at Deputy Finley, who stepped outside to quieten the workers.
Roberts resumed his questioning when the noise subsided. “You did not see anyone fire shots on that night?”
“No, I did not.”
“What were you and Frank doing that night?”
“Various things. We spent some time in his shop and we walked about town.”
“At any time while you were with Frank Mullins, did he fire a gun?”
“No, he did not.”
“Did you see anyone fire a gun that night?”
“No.”
“When did you last see Frank?”
“I guess it would have been about ten minutes before he was shot.”
“Was he out of your presence any time during the evening prior to that?”
Mullins turned surly. “Well, I didn’t have my eyes on him the entire time, but he didn’t have a chance to fire a gun without me knowing about it.”
***
After a brief recess, Fred Price cross-examined the witness.
“When did you first see Frank Mullins that night?”
“I guess it was about six o’clock.”
“And was he with you continuously up until ten minutes before he was shot?”
“Like I said, I didn’t have my eyes on him the entire time, but he didn’t have a chance to shoot a gun.”
“And how long does it take to shoot a gun, Mr. Mullins?”
“Well, not long, but if Frank had shot, I woulda known about it.”
“Did you hear gunshots during the night?”
“Yes.”
“On how many occasions?”
“A couple, I guess.”
“And was Frank Mullins in your immediate presence when those shots were fired?”
“He was close by.”
“But you were not standing right beside him, like from me to you?” Price asked.
“Well, I may have been when some of them were fired.”
“When each and every shot was fired that night, Frank was not standing directly beside you, was he?”
“No,” Mullins admitted.
“Were you with him at Sauls’s store?”
“I didn’t go inside. I was out in the street.”
“That’s all, Your Honor,” Price said.
***
After a break, Wear called George Keys to the stand.
“Mr. Keys, I only have a few questions. Did you see Frank Mullins on the night in question?"
“Yes, I did. He was in my store buying some chewing tobacco.”
“Was he wearing a coat?”
“No, he was not.”
“Was he armed?”
“Not that I could see,” Keys answered.
“A .44 pistol is a pretty large weapon, isn’t it, Mr. Keys?” asked Wear.
Keys agreed. “It’s a mighty big gun.”
“Too big to hide in your pocket?”
“Yes.”
“So if Frank Mullins had been armed with a pistol that night, would you have seen it?”
“I believe so,” Keys said. “He was there for several minutes and we were moving around and if he had had a gun on him, I think I woulda seen it.”
“Did you see or hear anything else noteworthy that night?”
“I heard gunshots on two occasions,” the shopkeeper reported. “Once, a series of shots and then a short time later, the gunfire when Frank was shot.”
“What did you do when you heard those shots?”
“The first time, I was still in the store. I looked out the window, but I didn’t see anything unusual. The second time I was on the way home and saw Mayor Price coming up from his house to investigate.”
“Did you see anyone else?”
“Once the mayor passed by, I saw other people moving about, but not to speak to.”
Wear walked back to his seat. “I have no further questions.”
Stephen Pearce handled the questioning for the defense. His handsome face contradicted his short and stocky frame. The heat in the courtroom did not seem to affect him in the least. Some of the attorneys had removed their coats, but Pearce’s remained buttoned.
“Mr. Keys, you don’t know what Frank Mullins did after he left your store, do you?”
“No.”
“You don’t know if he returned to his shop or his boarding house, do you?”
“No.”
“And you don’t know if he encountered some other person who could have given him a gun, do you?”
“No, I don’t.”
“Did you hear Mrs. Sherwood’s testimony earlier in the day?”
“Yes, I did.”
“She testified that when Frank Mullins burst into the Duty House and told her he was wounded, she noticed he was carrying his coat. So, he retrieved that coat from some place after he left your store, didn’t he?”
“All I know is he didn’t have it when I saw him.”
“And if he retrieved a coat, he could very well retrieve a pistol, couldn’t he?”
Wear and Roberts both rose. “Objection,” Wear said. “Calls for conjecture by the witness.”
Pearce addressed the judge. “Your Honor, it is not necessary for the witness to respond. I believe the answer is obvious. I have no more questions.”
***
Judge Barksdale announced the end of the day’s testimony. Sisemore looked at his attorneys and spoke after hours of silence. “What do you think?” he asked.
Fred Price replied. “I think so far, so good. We’ve been able to knock enough holes in the testimony to keep the jury open to our line of reasoning.” He nodded at the prosecutors still standing at their table. “I don’t believe they have done much damage to this point, but the worse is yet to come.”
“What do you mean?” Sisemore asked.
“Judge Barksdale ruled against our motion to suppress Collie’s and Roden’s testimony.” Price explained.
“Those two, and Bud Hinton and Charlie Lyles will cause us the most trouble,” Seals said. “Roberts is saving those four to inflict real damage tomorrow. Today was
devoted to establishing you shot Mullins and that you shot him for no reason. There was no justification because he was not armed. He hadn’t shot up the town. He had no gun when you shot him. But I think we raised plenty of doubts with the jury. I wouldn’t be surprised if most of those men are saying to themselves, ‘Where is the evidence of murder?’ Like Fred said, so far so good. But these witnesses he’s rounded up to repeat things you supposedly said before and after the shooting could make you look mighty bad.”
“Don’t start worrying just yet,” Joe Barksdale added. “We believe in the end our case will offset the testimony of these last witnesses.”
CHAPTER TWENTY-SEVEN
Thursday, September 15, 1898
Third District Court is in session. Judge Barksdale presiding,” announced Deputy Finley as the judge entered the courtroom.
“Mr. Roberts, are you ready to proceed?”
“Yes, Your Honor. We would call Lowe Collie.”
Collie took the witness stand and was sworn in. The smallish man’s shaggy hair failed to conceal the scowl on his face. He shifted in the chair, his eye darting around the courtroom.
George Wear walked over to the witness. “Mr. Collie, did you know Frank Mullins?”
“Yes, I did.”
“And do you know John Sisemore?”
“Yes.”
“Did you have a conversation with John Sisemore about Frank Mullins some time ago?”
“Yes, I did,” Collie asked.
“And what was the substance of that conversation?” asked Wear.
“John asked me if I would help him kill Frank Mullins.”
Murmurs flowed through the courtroom. Some spectators commented out loud at the revelation. Barksdale called for order.
Wear continued. “Can you describe the circumstances of this conversation?”
“It was about a week before the shooting. I saw John on the street one day and he pulled me over to the side away from everyone else and told me he had had enough of Frank Mullins. It was time to kill’em. And he asked if I would help him.”
“Did he say what kind of help he wanted?”
Collie shifted in his chair. “No, I told him I didn’t want no part of it and he told me to think about it.”
“And what was Sisemore’s tone or demeanor during this conversation?”
Collie looked confused, so Wear rephrased the question.“Did Sisemore seem serious? Angry? He was not asking in jest was he?”
“Oh, he seemed very serious,” replied Collie. “I did not take it for a joke.”
“And did Mr. Sisemore say when he wanted your help?”
“He said sometime during the next week.”
Wear looked at the jury. “Would that have been the week Frank Mullins was killed?”
“Yes, that’s right,” confirmed Collie, as he sneaked a look over at Sisemore. The marshal was staring intently at Collie with the same expression he had worn throughout the trial. Collie quickly lowered his eyes.
***
“What did Frank Mullins say when you told him of this conversation?” asked Stephen Pearce on cross-examination.
“I never told him,” Collie replied.
“You never told Frank Mullins that John Sisemore planned to kill him?” Pearce asked with mock incredulity.
“No.”
“Did you tell Mayor Price or the sheriff that the town’s police chief was planning to murder someone?”
“No,” Collie answered.
“Did you wire the United States Marshal to inform him of this conversation?”
“No. I didn’t send no telegram.”
“Well, who did you tell?”
“Nobody.”
“Mr. Collie, why didn’t you bring this encounter to the attention of others?” Collie looked down and said nothing. Pearce continued. “If I am to believe your testimony, you had the opportunity to save a man’s life. I’m a reasonable man, Mr. Collie. To believe your testimony, I must ignore some stumbling blocks—namely, reason and common sense. Either your story is untrue, or you represent the worst of mankind. Which is it?”
“Objection!” cried Wear. “Your Honor, please. Mr. Collie is not on trial here.”
“If it please the Court, I am merely attempting to test the veracity of the witness’s statement,” Pearce said. “Surely the jury and the court can see the implausibility of this witness’s testimony. Either he is no man with the moral fiber of a gnat or he is lying.”
The courtroom hummed while Judge Barksdale thought a moment.
“I think, Mr. Pearce, that you should find some other means of testing the witness’s credibility.”
“Thank you, Your Honor,” said Wear.
“If your testimony is true,” Pearce continued, “why didn’t you take steps to keep this act from being carried out?”
Collie sat mum.
“Assuming John Sisemore made such a statement, and I’m not implying in any way that he did, would you have us believe he was earnest in his intentions and yet you took no action?”
“I...uh...didn’t think it was none of my affair,” Collie stammered.
“If you are to be believed, it seems reasonable that John Sisemore would expect your help or your eternal silence.”
C. B. Roberts stood up. “Objection, Your Honor. Counsel is making statements, not asking questions.”
“My apologies, Your Honor,” Pearce said with a quick nod at Barksdale. Pearce returned to the witness. “Did John Sisemore have any reason to believe you were such a good friend that he could count on your assistance or your silence?”
“Well, I’ve known him awhile. We aren’t exactly friends,” Collie said. “I don’t know what he thinks.”
Pearce moved closer to the witness box. “Is it not true that there never was such a conversation? That John Sisemore never said anything to you about helping kill Mullins?”
“He did,” Collie insisted. “Just because I didn’t say nothin’ doesn’t mean it didn’t happen.”
“Is it reasonable to expect us to believe that John Tom Sisemore, a Deputy United States Marshal and Chief of Police of this town, who has made numerous arrests of violent criminals, would need your help to kill a man?”
“I don’t know if it’s reasonable or not. I just know what he said.”
“Would not a reasonable man realize the risk of telling others his plans?”
“I guess so.”
“Would not a reasonable man change his plans after describing his intentions, and then finding you unwilling to participate? Would not common sense dictate he amend his scheme and not kill Frank Mullins at the time he supposedly told you he would?”
“You’re just trying to confuse me,” exploded Lowe Collie. “I told you what he said. That’s all I know.”
“I don’t have any more questions,” Pearce announced.
***
“Your Honor,” said George Wear, “the State calls Green Roden.”
A plump, shabby man took the witness stand.Wear approached his witness. “Did you talk to John Sisemore during the week prior to the death of Frank Mullins?”
“Yes.”
“Where did this conversation take place?”
“It was in the lot behind Thompson’s store.”
“Can you tell the jury the substance of that conversation?”
“Well, we were just talking and the marshal, he told me he was gonna kill Frank Mullins ’fore the week was out.”
Some of the jurors shifted uncomfortably in their seats. Whispered comments drifted through the spectators.
“On what day did he make that statement?” Wear asked.
“It was on Wednesday, three days before Frank was killed.”
Wear glanced at the defendant’s table. “To satisfy the esteemed counsel for the defense, would you please tell us why John Sisemore would make such a comment to you?”
“I don’t guess he had any particular reason. He was very angry that Frank had gotten off so many times.”
“
He didn’t make the comment because the two of you are friends?”
Roden shook his head. “I don’t reckon we’re exactly friends. We’ve passed the time of day on occasion.”
“How did the subject even come up?” Wear asked.
“We were talking about this’n that, and he got real mad and said he was gonna kill Frank before the week was out.”
“So, Mr. Roden, it is your testimony that John Sisemore made this comment because he was suddenly filled with anger and hatred for Frank Mullins?”
“That’s the way it seemed to me,” answered Roden.
“No further questions, Your Honor.”
***
B. P. Edwards handled the cross-examination. “Was anybody else present during this conversation you allegedly had with Mr. Sisemore?” he asked.
“No.”
“That was very convenient,” Edwards commented. “Did anyone else see the two of you in that lot?”
“Not that I know of.”
“Earlier, you may have heard my colleague ask Lowe Collie what Frank Mullins said when he learned of Collie’s alleged conversation with Marshal Sisemore. What did Frank Mullins say when you told him of your conversation with the defendant?”
“I didn’t tell him,” Roden replied. Edwards stood in front of the witness, slightly turned toward the jury, a contemptuous look on his face. “You didn’t feel any moral obligation to inform a man he would die by the end of the week?”
Roden shook his head. “I don’t know what you mean.”
“You did not feel you had a responsibility to tell Frank Mullins someone was going to kill him?”
“I didn’t tell’em, if that’s what you mean.”
“Why didn’t you?” Edwards demanded.
“I don’t know. I just didn’t.” Roden looked at the prosecutor’s table and made a helpless gesture with his hands.
“Did you tell anyone of this conversation?” Edwards continued.
“No.”
“So there is no one who can confirm that John Sisemore even made these comments to you?”
“He made them,” Roden insisted. “But there was no one else there to hear’em.”
Edwards looked at the judge, letting out a sigh. “Your Honor, I have no further questions of this witness.”
***
Roberts called Charlie Lyles to the stand.
Neither Fear Nor Favor: Deputy United States Marshal John Tom Sisemore Page 15
