by Lee Lejeune
Jacob walked over Main Street just as Old Sam emerged on the seat of his painted wagon. He drew his team to a halt and wagged his Santa Claus beard at Jacob. ‘How’s the sheriff?’ he sang out.
’He’s doing much better than anyone could have expected,’ Jacob told him.
‘Well, that’s fine,’ Old Sam said. ‘The sooner we’ve buttoned this grisly business up, the better it will be for everyone concerned.’
Later that day a wire came through from the County judge. He had considered the evidence and would ride down for a preliminary hearing and make a judgement on where the trial should be held. The case appeared to be so important that it might need to be transferred to the High Court in Omaha. Meanwhile, Sheriff Olsen should keep Davidson in custody, remembering that a man is innocent until he is proved guilty.
Judge Hardy, the county judge, was arriving the day after next, and Jim Tyler declared he would be ready to meet him, and it was indeed a great honour. Even Olsen said he was ready to get up from his bed to welcome the judge, but the doctor warned him that that would be extremely unwise, and of course, Mrs Olsen agreed with him. ‘That man Davidson is like a viper waiting under a cactus plant to strike at anyone within reach,’ she said to her husband.
In fact, Davidson had visited Olsen, just as Jacob had predicted. He wasn’t carrying fruit or anything obvious, but he came with a heap of money. It wasn’t visible but everyone knew it was hovering in the air in the shape of a huge bribe.
‘Good morning, my dear friend,’ Davidson had said. ‘I can’t begin to tell you how sorry I am that this has happened to you,.’
Olsen put on a brave face and said he was sorry too, and Davidson left, and his bribe left with him.
Early next morning as Jacob and Marie were seated at breakfast Deputy Sheriff Tyler burst in looking like a fish just pulled out of a creek. ‘Mr Merriweather!’ he shouted, ‘we have a riot on our hands! A crowd of men and women have broken into the Grand hotel and taken Davidson captive. They say they’re gonna string him up right outside the hotel. What the hell are we gonna do about it?’
Jacob got up from the table and strapped on his gunbelt. ‘Well, Mr Tyler, we have to stop them.’
They walked down to Main Street and looked towards the Grand hotel and sure enough there was a crowd of about thirty men and they were leading Davidson by a halter round his neck.
Jacob and the deputy strode down Main Street and they reached the crowd just as one of the tallest of the men hurled the rope over a beam projecting from the hotel.
Tyler was speechless with horror. So Jacob stepped forward and shouted, ‘Stop this nonsense at once!’
The crowd froze and Jack Davidson’s eyes bulged with terror.
Jacob had never thought of himself as an orator but suddenly a voice from deep inside him began to speak. ‘Do you folk know what you’re about to do?’
Nobody answered.
Jacob nodded and pointed to the man who had thrown the rope over the beam. ‘You, sir, do you know you’re about to commit a crime? Are you ready to face the law and your conscience after you’ve killed a man?’
The man opened his mouth to speak but Jacob cut in. ‘No, of course not. Now stand out of my way!’ He strode forward and took the halter off Davidson’s neck. Davidson gasped but said nothing; he was too faint with relief.
‘Now,’ Jacob said in a more moderate tone. ‘Deputy Tyler and I know just how you feel, but we have to abide by the law. So we’re going to lock Mr Davidson up in the town jail for his own protection until the judge arrives. So I advise you all to disperse and go back to your own businesses.’
There was a moment’s silence, and then a whole lot of muttering.
‘That’s right,’ Deputy Tyler said. ‘Go about your business and let the law take its course.’
‘Thank you,’ Jack Davidson said. ‘You saved my life.’
‘I didn’t save your life,’ Jacob said. ‘I saved those folk from committing a crime.’
They locked Davidson up in the town jail to await the arrival of the judge.
CHAPTER ELEVEN
Judge Hardy was greatly esteemed throughout the County and throughout the State itself. When he arrived with two US Marshals he was greeted with some warmth by Deputy Mark Tyler, and the first thing he did was to visit Sheriff Olsen and confer with him. Then he booked into the Grand hotel where he was given one of the best rooms. In fact it was the room earlier occupied by Jack Davidson.
Judge Hardy held court in a barn behind the Grand hotel. He was a stickler for correct procedure and justice, and he looked the part: tall, and distinguished with silver grey hair that flowed down to his shoulders. He entered the court and waved the audience to be seated.
‘Now,’ he said to the somewhat rowdy audience, which consisted of most folk in the town, ‘as you know I’m here to uphold the sword of justice.’
‘The sword of justice!’ someone shouted from the back of the hall. ‘What the hell’s that?’
Judge Hardy fixed a beady eye on the man. ‘The sword of justice, sir, is what keeps us civilized so that we can live in peace and harmony. Now, bring in the accused.’
Jack Davidson had recovered his composure somewhat and he was dressed in his very best suit. He rose and bowed to the judge, and then turned to the audience and bowed again, and a chorus of howls and catcalls came from the audience. The judge beat on the desk with a hammer.
‘Now, gentlemen and ladies, I will have order in this court. Anyone who causes a disturbance will be asked to leave.’ Then he turned to Jack Davidson. ‘Please address the court, sir. Are you Jack Davidson of the Circle Bar ranch?’
‘Indeed I am, sir.’
‘And you understand what you are being accused of, Mr Davidson?’
Davidson’s face became tinged with purple. ‘The whole thing’s a tissue of lies,’ he bawled.
Judge Hardy nodded, and turned to the audience. ‘And who is the prosecuting lawyer in this case?’
‘The whole town,’ the man who had spoken earlier shouted. ‘Those two innocent kids didn’t deserve to die. They were just trying to make a decent living on their farm.’
The judge frowned. ‘But somebody has to put forward the case for the prosecution, so please keep quiet, sir.’
There was a moment of dismayed silence. Then Jacob stood up. ‘I will act as prosecuting lawyer, sir.’
There was a gasp of amazement in court.
Judge Hardy peered at Jacob through a pair of rimless spectacles. ‘And who are you, sir?’
‘The name’s Jacob Merriweather, sir.’
‘And are you a lawyer, Mr Merriweather?’
Jacob smiled. ‘I’m not a qualified lawyer, sir, but I have some training in law.’
Judge Hardy frowned and then nodded. ‘Very well, Mr Merriweather, then please proceed.’
Before Jacob could speak, Davidson intervened. ‘Excuse me, Mr Justice Hardy, I must object.’
‘On what grounds?’ the judge demanded, peering at Davidson through his rimless spectacles.
‘This man is a known criminal. He rode with the killer known as Black Bart who was hanged for murder in Kansas recently.’
The judge turned to Jacob. ‘Is this the truth, Mr Merriweather?’
Jacob nodded. ‘It’s true that I rode with Black Bart for a short time, but I parted with him as soon as I realized he enjoyed killing.’ He glanced at Marie and saw she was smiling.
The judge considered for a moment. ‘Objection overruled. Continue with your questions, Mr Merriweather.’
Jacob turned to Jack Davidson. ‘My question is this: did you pay four of your men to kill Beth and Stan Salinger on their farm?’
Davidson turned a deeper shade of puce. ‘I most certainly did not! That’s an outrageous accusation!’
‘So you deny paying money to those men?’ Jacob asked.
Davidson breathed in hard. ‘I did give them a raise. I thought they deserved it.’
‘I see,’ Jacob said. ‘I’d like t
o call a witness, sir.’
‘Please do so.’
‘Will Mr Killop come to the front of the court.’
Killop stood up warily and stared round at the assembled people, some of whom growled, while others muttered. He looked somewhat shaken. Then he came to the front and nodded at Jacob.
‘Now, Mr Killop,’ Jacob said, ‘please tell the court your occupation.’
Killop drew himself up to his full height and looked into the distance. ‘I’m a cowhand, and I worked for Mr Davidson on the Circle Bar ranch.’
‘OK,’ Jacob said. ‘And did Mr Davidson ever offer you extra pay?’
‘Yes, he did, sir.’
‘Please describe the circumstances, Mr Killop.’
Killop braced himself. ‘One day last year he called Wolf and Stringer and the big guy and me into his office and offered us each two hundred dollars. Said it was a bonus.’
‘Is that all he said? Jacob asked him.
Killop shivered as though a cold wind had blown through the court. ‘No, sir. He said there were strings attached.’
‘What kind of strings?’
Killop shrugged. ‘Well, you know, strings.’
Judge Hardy intervened. ‘Please tell the court what you understand by strings, Mr Killop.’
A look of weariness and defeat fell on Killop and he looked for a moment as though he might collapse. Then he pulled himself together and spoke. ‘Well, what I mean is conditions, sir.’
Judge Hardy leaned forward in his chair. ‘Please tell us exactly what Mr Davidson said, Mr Killop.’
Killop gulped. ‘Mr Davidson said. . . .’
‘Take your time, Mr Killop,’ the judge cautioned. ‘This is very important evidence.’
‘Yes, sir,’ Killop mouthed.
‘The exact words, please, Mr Killop.’
Killop inhaled deeply. ‘Mr Davidson’s exact words were, “I want you boys to ride up to the Salinger place and put those two to silence whichever way you can”.’
Davidson rose to his feet and bawled out, ‘That’s a complete pack of lies. This man is lying through his back teeth.’
‘Why should he be doing that, Mr Davidson?’ the judge asked. ‘What purpose would it serve?’
‘Revenge!’ Davidson stormed. ‘This man took my money and said he wanted more. He’s a complete liar!’
‘Thank you, Mr Davidson. Please sit down, sir.’
Davidson stared at Jacob and said, ‘You’ll pay for this. I’ll see you in hell!’
Judge Hardy made a note on his notepad, and then looked up. ‘Ladies and gentlemen, I think I’ve heard enough. Thank you for your patience. I’d like to commend Mr Merriweather on the way he has conducted the arraignment.’
He turned to Davidson who was still fuming in his chair. ‘Mr Davidson, I will commit you for trial on a charge of provoking murder in the County Court in the next session. Thank you, ladies and gentlemen.’ As he turned to leave there was a tumultuous cheer from the audience.
After the hearing, which was surprisingly brief, the two US marshals took charge of the prisoner and locked him in the town jail until the morning, when he would be taken to the County jail to await trial. Judge Hardy approached Jacob and Marie outside the barn. He gave Jacob a shrewd look and said, ‘You did well, Mr Merriweather, and I have to admit you look more like a lawyer than a gunman. What made you change?’
Jacob bowed. ‘Well, sir,’ he said, ‘you could say I’m a reformed character. Like I said in court, as soon as I realized Black Bart enjoyed killing I knew I’d taken the wrong track. So I decided to turn my life around.’ He looked at Marie. ‘And then I met Miss Silversmith, who was a good friend of the murdered woman, and I had to help track down the killers and bring them to justice. So you could say Marie Silversmith reformed me.’
Judge Hardy gave a bark of laughter. ‘Well, Mr Merriweather, they say it takes a good woman to make a good man, so long may it last!’
The trial in the County Court some weeks later was a different matter altogether. As soon as they entered the Court Jacob and Marie sensed a deeply hostile atmosphere. The prosecuting attorney was a good man, but Jack Davidson had hired the best defence lawyer in the business, a man well known for his skilful questioning. And, not surprisingly, Jacob saw that the principal witness for the defence was Jack Davidson’s manservant Arnold, who was as smooth and slippery as a snake.
The witnesses for the prosecution were Killop, Jacob, Marie, Running Deer and Sheriff Olsen.
When Killop took the stand he seemed a lot less confident that he had in the earlier hearing. He held his head down and refused to make eye contact with anyone. He asserted that Jack Davidson had offered him and the other three two hundred dollars each for ‘getting rid of the Salingers, one way or the other’.
‘What did you understand by that phrase “one way or the other” Mr Killop?’ the prosecuting attorney asked.
Killop stared at the floor and mumbled, ‘I understood he wanted us to kill them.’
‘Please speak more clearly, Mr Killop,’ the prosecuting attorney demanded.
Killop looked up and his face was as pale as lard. ‘He wanted us to kill them!’ he blurted out.
Then the lawyer for the defence stood up with a sardonic grin on his face. ‘Are you an educated man, Mr Killop?’
‘I can’t say I am,’ Killop replied.
‘Might I suggest that you knew perfectly well what you were doing when you accepted the money?’
‘I guess so.’
‘And you took the money and for your own purposes.’
‘Well, yes I did,’ Killop mumbled.
‘Yes, you did,’ the defence attorney repeated sarcastically. ‘And did it occur to you that it was rather strange that Mr Davidson had supposedly hired four men to do a job that one man could have done quite easily on his own?’
Killop opened his mouth and gulped.
‘Precisely,’ said the lawyer. ‘I put it to you, Mr Killop, that your evidence is nothing but a pack of lies, and that when Mr Davidson gave you that money it was as a bonus, and you and those other gentlemen who are now unfortunately deceased had your own reasons for killing those Salingers?’
Killop gulped again and muttered, ‘No, sir. I’m speaking the truth.’
The defence lawyer then called the manservant Arnold, who looked as well turned out as an opera goer in the opening night. ‘Are you Joseph Arnold?’
A faint smile flitted across the man’s lips. ‘Indeed I am, sir.’
‘And how long have you been employed by Mr Davidson, Mr Arnold?’
‘That would be some twenty years, sir.’
‘And is he a trustworthy and just employer?’
‘None better, sir. I’ve never known him to break his word.’
‘Thank you. And did you ever come across Stanley and Beth Salinger?’
The smile flickered across Arnold’s face again. ‘Yes, sir, I remember them both well. The young man worked on the ranch and the lady was in Mr Davidson’s service in the house, and then they both disappeared one day.’
‘You mean they ran away together?’
‘Most probably, sir. I wouldn’t know about that.’
‘And what was Mr Davidson’s relationship with the two?’
Arnold paused to think. ‘Well, sir, Mr Davidson had no relationship with Mr Salinger. Salinger was just a wrangler who worked on the ranch on a temporary basis. As for Beth Fortune, she worked in the house for a time and then she just disappeared.’
‘Is that all?’ the defending attorney asked.
‘I’m not quite sure what you mean, sir.’
The defending lawyer smiled enigmatically. ‘Let me put it another way, Mr Arnold. Did you ever see any signs of intimacy between Mr Davidson and the young lady?’
Arnold looked deeply shocked, ‘Oh, no, sir, nothing like that. She was a serving girl. Mr Davidson rarely saw her.’
The defending lawyer nodded. ‘Precisely. Now, will you take your mind back to the day when
Mr Davidson gave Wolf and Stringer, Killop, and the other man the two hundred dollars each. Have you any memory of that, Mr Arnold?’
Arnold smiled. ‘Well, of course I remember it, I was right there standing beside Mr Davidson holding the strongbox when Mr Davidson counted out the money.’
‘And did Mr Davidson say anything at the time?’
‘Of course, sir.’
‘And can you tell the court what he said?’
Arnold gave an almost saintly smile. ‘It was like in the Holy Book. He gave them each a kind of blessing and said, “You men have done so well since you’ve been in my employment that I’m going to give you each a bonus. Don’t squander it, but spend it wisely.”’ Arnold smiled benignly at the jury and a kind of awe settled on the court.
Then Killop sprang up again. ‘That’s a goddamn lie!’ he shouted. ‘He ordered us to kill those two kids!’
The judge struck the table with his gavel. ‘Be silent, sir! Be silent! And sit down!’
Killop glared round the court and shouted, ‘It’s a damned lie, I tell you! It’s a damned lie!’
Jacob and Marie and Old Sam were standing outside the courthouse.
‘What’s your opinion of the case so far?’ Sam asked Jacob.
Jacob shook his head. ‘My opinion is that that guy Arnold should be on the stage because he’s the biggest actor West of Kentucky.’
‘What happens if we lose the case?’ Marie asked.
Jacob ran his hand over his chin. ‘Well, it could be serious. We could even be charged with perjury.’
‘In that case,’ Sam said, ‘we should lift up our voices in prayer because that’s the only thing that will help with scoundrels like Arnold and Davidson, not to mention that crooked defence lawyer. But however the case goes, that man Davidson will meet his righteous Fate one way or the other.’
