by Linda Broday
“Yes.”
“And she never once gave in to this killer instinct my esteemed colleague suggested. Never even threatened anyone?”
A thin smile formed when Duel remembered Jess’s encounter with Hampton Pierson that day in the woods. No call for them to know about that. He’d seen what happened when anyone backed her into a corner.
“As far as I know, Jessie never shot or threatened anyone.”
“Thank you, Ranger. You can step down.”
“Your Honor, I call Pete Morgan,” Langtree bellowed.
Duel’s jaw clenched as his gaze followed the one-eyed jackal to the front. So he’d been right. A turbulence boiled inside him.
From where he was, he could see the color drain from Jess. She slumped lifeless in her chair. He prayed Morgan wouldn’t favor her with a full-face view, for she seemed paralyzed with enough fear already. He prayed the man would be struck down by lightning when he opened his mouth.
Langtree sent Jessie a smug I’ve-got-you-now smirk that made Duel feel like grabbing the man by the throat. “Pete, you were there that night when Miz Foltry began her terrible rampage. Tell us what transpired.”
“Transpired?”
“You know. Tell us what happened.”
“Poor Jeremiah. He never lifted a finger to hurt that woman o’ his. Always tried to shield her from harm an’ from townsfolk learning the real truth—that she was tetched in the head. That’s why he never allowed Miz Foltry to go to town. If’n he kept her locked up, it was fer her own damn good.”
Shocked gasps echoed throughout the saloon.
Forget wishing for lightning. If it hadn’t come after that cock-and-bull story, it wasn’t coming. He’d known from the start the one-eyed jackal would spread lies. Only, nothing had prepared him for these whoppers.
Nor had it Jess. Her mouth hung open in disbelief, and he could see a red flush creeping up her neck.
“Go ahead, Pete, what happened?”
“Jeremiah, me, an’ Josh was jawin’ at the foot o’ the stairs. Miz Foltry came down, yellin’ like a banshee. Well, I knowed right off the woman had fallen off her rocker. Had a wild look about her. Spooked me real good.” Morgan shifted in the seat and wiped spittle from his mouth.
“What next?” Langtree prodded.
“She grabbed Jeremiah’s forty-five afore he knowed what was happenin’. Then she shot him point-blank in the chest. Well, I tried to wrestle the weapon out o’ her hand, and she shot me too. Only thing I saw after that was a flash o’ her sweet little ankles as she ran out the door.”
Langtree wore a cat-that-ate-the-canary expression as he took his place at the prosecuting table. Duel had never known such fury, not even at the Good Lord when He took his Annie. This was like a boiling cauldron, consuming his every thought.
If the sheriff hadn’t confiscated his six-shooter at the door, he’d surely have shot Morgan and Langtree and anyone else who cared to try to stop him. In all the years he’d bounty-hunted he had never taken pleasure in killing a man, but he would these two jackals.
Tom Parker stalked up and down in front of Morgan for a long moment before he stopped and stared at him. The crowd became eerily quiet.
“In your opinion, Mr. Morgan, my client is loony. You arrive at this professional deduction because you’re medically qualified?”
“I seen plenty o’ cows ’n’ horses with the walleye,” Morgan blustered. “I know a crazy woman when I see one, an’ that woman is sure ’nuff crazy.”
“You stated Jeremiah Foltry never laid a hand toward his wife. Mr. Morgan, how do you account for her broken bones, bruises, and assorted other maladies?”
“Clumsy. Pure an’ simple. The woman was always fallin’ an’ hurtin’ herself.”
“What were you doing at the ranch that night, Morgan? Isn’t it true Jeremiah Foltry told you and Evers that he was giving you Miss Jessie because she’d outlived her usefulness to him? Isn’t that true? Remember, you took an oath to tell the truth.”
“Well, part of it might be.”
“Which part?”
“Jeremiah was tired o’ her. Weren’t no use to a fam’ly man. Couldn’t begat him a brat. Not sayin’ he ever was of a mind to want one. Don’ know nuthin’ about that. Firsthand, I know he had to keep ’er locked up or she’d run off. Josh ’n’ me, we earned the right to give her a poke after ever’thing we did fer him. Only we never got the chance.”
“What services did you render for Foltry?”
“You know. Things to keep folks in line, including his wife, an’ making ’em pay when they stepped over.”
“You punished Miss Jessie when she tried to leave?”
Morgan gave Tom Parker a belligerent stare. “Didn’t break no laws. Only did what Jeremiah told us. That woman’s still alive, ain’t she? An’ Jeremiah’s cold in the ground.”
“What sort of things did he ask you to do?”
“Scaring people mostly. Said once that a healthy dose o’ fear is all the weapon a man needs.” Morgan sneered and wiped his mouth again with the back of his hand.
“So, Jeremiah was tired of his wife, considered her a hindrance. Yet he bore the blame for her condition. Seems to me he meant to be shed of her one way or another. Either by killing her or giving her to you and Evers to share.”
“I ain’t sayin’ he did nothin’ wrong.”
“You don’t have to, Mr. Morgan. The facts speak for themselves. I’d say Miss Jessie is more sane than the lot of you.”
Parker started back to his seat, apparently finished with Morgan. He stopped, pulled a watch from a fob pocket by the gold chain, and turned to Judge Warner. “The noon hour is approaching, Your Honor. I propose we adjourn for lunch.”
“I’m going to overlook your high-handed ways, Mr. Parker. I’m the judge in this here court and don’t you forget it.”
Tom’s smile could’ve melted butter. “My apologies, Judge.”
“Court’s adjourned till one o’clock. Sheriff, take the defendant back to the jail.” The gavel signaled an end.
*
Duel, along with his family, Jessie’s mother, and Yellow Dog, paraded after Sheriff Daniels with his charge. As soon as the jail door closed behind them, he handed Two Bit to Walt and pulled Jess against him. The fact that he could make the pulse throb in the hollow of her throat gave him immense satisfaction.
“Would that I could spare you this humiliation. I’d take your place in a heartbeat.”
“I know.” Her body trembled in his arms.
“I’d like to get my hands on that lying sack of manure,” Vicky interrupted. “Tryin’ to make people believe you’re crazy. I just wish I had as much gumption as you, Jessie. When I think of all those years in that man’s—”
“Honey, why don’t you an’ me take a walk to that hotel I saw down the street an’ get some food to bring back to these folks,” Roy broke in when his wife paused for air.
Jessie turned with gratitude. “Thank you for coming all this way, Vicky. You and Roy don’t know what your support means to me. And Walt.” She kissed Pop’s cheek. “I love you like my own father.”
“Do me a favor, Jessie girl. Can you call me Pop?” The McClain patriarch shot Phoebe a quick glance. “That is, if it meets with your approval, lovely madam.”
“Don’t know why it wouldn’t.” Phoebe smoothed her hair into the severe bun at the nape of her neck and smiled.
Why indeed. Duel caught the flash of interest between the pair. Jessie’s mother just might be the thing Pop needed. Maybe? The man had to be lonely since his Lily of the Valley passed on. Walt’d used that endearment for Duel’s mother as long as he could remember.
“All right, Pop.” Jessie gave Walt a sweet smile that told Duel how pleased his father’s request had made her.
He liked the sound of the word on her tongue.
“Shoot, we couldn’t let you go through this horrible trial without family by your side. So we got Gladys Stanton to stay with the children, and we came licke
ty-split.”
“Come on, Vicky. Food, remember?” Roy prodded her toward the door.
“G’anpa. Boobie?” Marley scooted down. Then, taking Walt’s hand, she pulled him toward her favorite playmate. “Boobie.”
“Hold up there, little angel. I’m comin’.”
The clickety-clack of a cane on the sidewalk outside came seconds before Tom Parker pushed his way inside. Duel quickly pulled him apart from the others.
“Tom, how are our chances?”
“Too early to tell. Truth be known, I’m a little concerned about the jury. A trifle too passive, if you ask me. Can’t tell what they’re thinking. Could go either way.”
“Do you think they believed Morgan?”
“Be fools if they did. Son, we’re not done yet. I just hope Miss Jessie can hold up.”
Duel followed Tom’s gaze. Jessie stared out into space, completely unaware of the commotion around her, lost in her own inner turmoil.
Doc Willoughby’s testimony sounded in his ears. Saw where someone had repeatedly jabbed a sharp instrument into her womb, rendering her unable to ever bear children.
Horror washed over him now as it had earlier. He thought back to when she’d ridden into his camp all bloody and afraid. Recalled how she’d shrank from his touch, wincing as if he’d struck her. They’d traveled a far piece from that. Now she flourished under his attention.
“Don’t worry about Jess. She’s made of pretty strong stuff. Has to be, or she’d not have survived that hell.”
“The lady’s made an impression on me. I’ll do everything I can to see she goes free. Nothing short of that will do.”
“Jess is something, all right. Mrs. Sutton wants to tell what she knows about Foltry.”
“That’s good. I hadn’t decided whether to put her up there or not.”
“One thing more. When you questioned Doc Willoughby, why didn’t you ask him about the Diamond J brand on Jessie’s shoulder?”
Shock rippled across Tom’s features.
Thirty-four
Tom called Phoebe as his first witness when it came his turn. The woman’s voice shook, and she dabbed her eyes with a serviceable handkerchief.
“My girl is not mad, nor has she ever shown any sign to be. She grew up with a respect for all livin’ creatures. But she changed when she married Jeremiah Foltry.”
“Changed how, Mrs. Sutton?”
“For one thing, Mr. Sutton and I didn’t see her much. When we did, I noticed she never smiled anymore an’ she never came around us what she weren’t covered with bruises. Jessie had a sadness deep inside her that seemed to eat at her soul. I knew something bad was wrong. We’d always been so close.” A pitiful sob escaped from Phoebe. She buried her face in the kerchief, unable to continue.
Jessie ached for her mother. She shouldn’t have put her through this. The blame sat squarely on her own shoulders. It was no way for a daughter to repay the woman who’d brought her into the world.
“I’m sorry, Mrs. Sutton. This is terribly hard on you.”
“I raised my girl in the faith, an’ she wouldn’t have shot the man less’n he durn sure deserved it.”
Parker walked toward his seat, then he whirled. “One more thing. You received a note from Miss Jessie, didn’t you?”
“About a year ago, I reckon. It said for us not to worry if she didn’t see us for a while, but that ever’thing was fine.”
“You knew ‘everything’ wasn’t fine, didn’t you?”
“Mr. Sutton and I knew Jessie lived in a terrible situation and there weren’t a blasted thing we could do about it. That’s what killed my Zack—a broken heart.”
“Thank you, Mrs. Sutton.” Tom turned to the judge. “I call Mrs. Jessie Foltry McClain to the stand.”
Oh no. She couldn’t get up there. She couldn’t sit in that chair facing all these people and tell them what Jeremiah did to her and what she did back. There were things she’d told no one, not even Duel. Jessie shook her head vehemently.
“Please,” she whispered.
“Come, Miss Jessie.” Mr. Parker gently took her arm.
Moving against her will, she let the man lead her to the illfated seat at the front of the room. Her legs gave way, and she collapsed into it.
“Do you swear to tell the truth, the whole truth, so help you God?”
Her hand shook where it lay on the Bible.
She didn’t know if the word would come out or if it would stick in her throat. She opened her mouth.
“Yes,” she managed with downcast eyes.
“I know this is very painful for you, and I’m indeed sorry.” Tom Parker took her hand in his, and it gave her strength. “How long were you married to Jeremiah Gates Foltry?”
“Eight years, give or take a few months.”
“Do you suffer from fits of insanity as Morgan claims?”
“I’m very sure I have my right mind, Mr. Parker.”
“Now that we’ve got that cleared up, did Jeremiah ever strike you?”
“Yes.”
“Break your bones?”
“Yes.” Dear God, do I have to relive every detail?
“Burn you?”
Jessie could only nod her head. These were things she’d spent almost a year trying to forget.
“Tell the court what kind of man Jeremiah was.”
“He threw terrible temper fits. He did things, awful things. Seems the more he hurt people and animals, the more pleasure he took from it.”
“What did you do to bring on this kind of rage?”
A life free of Jeremiah had been all she’d ever wanted, and it was that very thing that made him so angry.
“I tried to run away.” The words came softly, pulled from her mouth by an unseen hand.
“How many times?”
“I lost count after fifteen. It became like a game to him. He’d leave a way open to me on purpose, then get Morgan and Evers to chase me down and bring me back.”
“We heard testimony that you conceived a child. Was Jeremiah the babe’s father?”
“Yes!” The answer exploded before she could stop it.
“But he denied it?”
“Although he never had reason to think otherwise, he claimed the child wasn’t by him. I swear on the Holy Bible that I never laid with any other man—until I married Duel McClain.”
“So he viciously killed it.”
“Jeremiah said even if it was, he didn’t want his seed growing in my body. Said I wasn’t fit. He kicked my belly, then slammed my head against the floor. When I came to, I was alone. I couldn’t get up. The pain in my stomach made it impossible.” She wiped her eyes, trying to rid her head of the memories, trying to stop the quaver in her voice.
“Blood soaked my dress and the floor. A broken broom handle lay beside me. I knew he’d violated me with the jagged end because blood stained it also. I can never have children.” There, she’d told the part she hadn’t even shared with her tall Texan. The slate was clean.
She twisted the plain gold wedding band Duel had placed on her finger. Now he knew how broken she was. For a moment she wondered if he’d have given her the treasured gift if he’d known everything.
“Your Honor, I have a highly unusual request. I’d like to ask Miss Jessie to turn around and slip her bodice off her left shoulder.”
“I object, Your Honor!” Langtree bounded from his chair, his buck teeth seeming to pop from his mouth. “This ain’t a bawdy house. What are you tryin’ to pull, Parker? Big-city lawyer come in here an’ try to push your way around, treat us like yokels.”
Tom Parker ignored the flustered opposing counsel. “I beg the court’s indulgence, Your Honor. I seek to prove the depth of Jeremiah Foltry’s degradation. I have the right to prove my client suffered undue provocation and that she was entirely justified in the steps she took to protect her life. This is substantiated by the callous murder of his own child.”
Judge Warner leaned forward, a frown on his face. “You’re not trying t
o give this court a song and dance, are you, Mr. Parker? I wouldn’t take kindly to such behavior.”
“I assure you, Your Honor, I have only pure intentions. I feel it’s in the best interests of my client. After all, she’s on trial for her life. She’s entitled to show all the facts.”
“Surely you ain’t gonna buy that hogwash, Judge.” Langtree became extremely agitated. “It’s not gonna work, Parker.”
Jessie felt the sting of mortification. Undress in front of this crowd of people to show the world her mark of shame? How did he even know about it? Duel was the only person she’d told. Silently, she begged the judge to refuse.
“I’m going to allow you some leeway, Mr. Parker. But I’m warning you. This better not be your attempt to dramatize these proceedings, or I’ll see you disbarred.”
“Thank you, Your Honor.” He turned back to Jessie. “I realize you loathe doing this thing I ask, but please know I wouldn’t request it if there were any other way.”
Under Tom Parker’s sympathetic touch, Jessie turned her back to everyone. The buttons stubbornly refused to go through the holes as she became all thumbs.
“Please don’t make me do this,” she whispered, deeply humiliated. “Please.”
“I wish there was another way, Miss Jessie. I truly do.”
Finally, the buttons came free, and she draped the layers of material, chemise and all, baring her left shoulder.
“Oh my God!” slipped from Tom Parker’s mouth.
Audible cries of anguish sped rampant through the saloon. The shame she bore lay open for all eyes. Her cheeks stung. Breaking, she hid her face in her hands.
As the shock died, absolute quiet took its place. The only sound was Tom Parker clearing his throat of some mysterious obstruction. Jessie’s furtive glance found him wiping his eyes.
His soft words had great effect. “People of this court, ladies and gentlemen, I offer the most damaging proof of Jeremiah Foltry’s fury. Sickening though it is, I believe words alone could not do the horrible deed justice. Branded like an animal so no one would doubt that she was his property. I ask you, is this fair and just treatment of a husband toward his wife?”
Gently, Parker tugged the fabric up to once again hide the monstrous Diamond J. Jessie made herself decent. When she turned around, she was surprised to see Duel.
