Summer of the Guns

by Justin Daniel Herman

  “After your brother called you about the break-in, did you find the box where you had left it?”

  “No sir,” replied Lenny. “The box was gone. My brother had already told us that Earl Smith admitted to breaking in, and that two others were with him.”

  “And do you know who those others were?” asked Horne.

  “Yes sir,” said Lenny. “That’s one of them right there.” He pointed at me. “Billie Moran. Percy Kelly was there too, Earl said. He’s right over there.” He pointed at Kelly. A buzz went through the room. Everybody looked at me, then at Kelly. After a pause, Horne started up again.

  “What did you do next?” asked the county attorney. “Did you call the police to report the crime?”

  “No sir,” said Lenny. “My brother Jack wanted to, but I thought we could settle it without nobody gettin’ hurt. I didn’t want to get Billie in trouble ‘cause I figured she’d just followed Oaf, I mean Earl Smith, who was older. And everybody knew Earl does stuff like that—break-ins, I mean. So does his father, Boomer Smith.”

  “Just stick to the questions I ask,” Horne cautioned him. “We’ll get to those other things later. What I need to know now is your subsequent actions. What did you do next?”

  “We went home and slept on it, then came back the next morning. My brother was real mad and said he was calling the cops in. I begged him to hold off just long enough for Tom and me to go to Billie’s house and ask for the box back.”

  “And did you do that?”

  “Yes sir, we did,” answered Lenny. “We went over there just as nice as could be.”

  “Who did you talk to first?” Horne asked.

  “That boy sittin’ right over there,” he said as he pointed, “Percy Kelly. People just call him ‘KeIly.’”

  “What did Percy Kelly say?” asked Horne.

  “He told us that Billie had gone somewhere with Ace. Tommy figured he was lying, so he insisted we go on into the house.”

  “And then what?” asked Horne.

  “Well, we knocked, but nobody answered. We could see the door was unlocked, though, and we heard voices inside. Tom got angry and opened the door. Billie was there all right. She was with her little sister—she had a sling on her arm—sitting on the bed. Of course, we didn’t even know Billie had a sister at that time, because Ace Kelly was hiding her while he passed off Billie as his nephew.”

  “Let the record note,” said the county attorney, turning toward the court reporter, “let the record note that these children, Billie Jane Moran and Sara Moran, Billie’s sister, had escaped in June from the home of Captain Charles Sykes of the Highway Patrol. They were wanted by the law at the time Mr. Ace Kelly took them in, and Mr. Kelly knew this.”

  Pat Fellows, my guard, turned to me and whispered something I didn’t quite hear. Then he said it louder. “This is a railroad job. He’s asking leading questions up there and gettin’ just the answers he wants.”

  “That’s enough,” stormed the judge, bringing his gavel down hard. “Stay quiet or leave the courtroom, Officer Fellows. Billie doesn’t need your advice. You’re not a lawyer and lawyers aren’t allowed in juvenile hearings anyway. Am I understood?”

  “Yes,” said Pat. He clutched his hands together in front of him tightly, turning his knuckles white.

  “You may proceed, Mr. Horne,” said the judge, turning back to the county attorney.

  “So you then asked Billie Jane to return the stolen property?” asked Horne. “Is that correct, Leonard?” He was determined to call me “Billie Jane” as often as he could.

  “Yes sir,” Lenny replied. “We asked real nice. We told her we knew all about her and Earl breakin’ into Jack’s house, ‘cause Earl had confessed.”

  “Let me interrupt here,” Horne cut in. “When Mr. Earl Smith was arrested on the night of August 14, he had over a hundred dollars in his possession. He told the arresting officers that the money came from the lock box he and Billie had taken from the Wells house. He said, further, that Billie Jane had kept the box and the diamond ring as her part of the loot. It’s all in his statement. Now please continue, Leonard. Did Billie agree to return the box and its contents?”

  “No sir,” said Lenny. “She told us that she’d given it to Mr. Kelly, um, Ace Kelly, who had taken it somewhere else.”

  “Did you leave then and call the police as you should have?” said Horne, appearing stern-faced as if he was trying to be fair. I started thinking about what my friend Jackie had said about escaping. The idea was sounding better and better, although I doubted I would get the chance.

  “Now, Leonard, I want to talk about the shootings that occurred on the morning of August 15. Tell us about the events which led up to the deaths of Mr. Alton ‘Ace’ Kelly and Thomas Wayne Sykes.”

  “Yes sir,” Lenny said hesitantly. “Like I said, Billie had just told us that she’d given the lock box to Ace Kelly, and she didn’t know where Ace was. However, she said that Ace, um, Mr. Kelly, would be back soon.”

  “When did Mr. Kelly return?” asked Horne.

  “I don’t remember the exact time but I do know we were about to leave the Kelly house.”

  “That’s a lie!” I shouted, unable to control myself. “When Ace came back they were threatening to kill me and my sister. They had a knife and a gun!”

  “Order, order in the court,” thundered the judge, bringing down his gavel again. “Officer Fellows, this girl is in your charge. If you can’t control her, you’ll have to take her out of the room.”

  “Stay quiet, Billie,” my guard pleaded. “You’ll have your turn later,” he said loudly. “At least I hope you will,” he added in a whisper.

  Then the room quieted down and the county attorney resumed. “That does bring up a point, Leonard. Did you or Tom Sykes take weapons into the Kelly home?’

  “Yes sir,” answered Lenny. “Tom had a knife in a scabbard and an automatic pistol in his pocket. He took them along for self-defense, knowing as we did that there was already a death threat made against me.”

  “By whom?” asked the county attorney, appearing surprised.

  “By Mr. Ace Kelly. He once threatened to kill me for no good reason,” Lenny repeated.

  “He beat up Kelly!” I shouted. “Ace was in the right!”

  “Quiet down,” said Judge Baines. “My patience with you is wearing thin.”

  My patience with him was gone altogether, but there was nothing I could do except sit and wait to tell my side of the story. I shut up and just sat there, feeling betrayed.

  “Now,” said Mr. Horne, “tell us about how the shootings occurred just as precisely as you can remember.”

  “Well,” said Lenny, “I’ll do the best I can. I was so scared I kind of blacked out. And it happened real fast.”

  “All right then,” said Horne encouragingly, “just do the best you can. What came first?”

  “We was ready to leave because we could tell Billie wasn’t gonna give back the box. Anyway, we started to leave and just then the front door flew open with a bang. Tom had closed it behind him when we came in, but it wasn’t locked. Anyways, the door flew open and Ace, uh, Mr. Kelly stood there like a mad bull.”

  “Mad bull!” I fumed, “Ace was so thin you could blow him away with your breath.” My guard heard me and shook his head but the judge didn’t take notice.

  “Go ahead,” said Horne insistently. “What happened next?”

  “Like I said, he stood there for a minute, then started cursing us. I couldn’t say the words he used ‘cause there’s ladies present. Anyway, he just cursed for a few seconds then rushed right at me. I was scared and I didn’t know what to do, so I just stood there and he banged right into me, hard. I fell back against Tommy and knocked him to the floor. He fired the gun accidentally as he fell. At first, I thought I was shot. Then I realized it was Ace, uh, Mr. Kelly, who got it. He sort of fell back, then collapsed on the floor.” Lenny paused as if he was wiping away tears. “This is hard to talk about, Mr. Horne. I se
en Mr. Kelly fall, and then I seen my best friend shot to death in cold blood.”

  “Do the best you can, son,” Horne encouraged him again. “Remember, we’re all here to help you.”

  “Okay, I’ll try,” said Lenny tearfully. “Well, it happened real fast, so I didn’t see things too clearly. All I know is that Tommy just dropped the gun like he couldn’t believe what happened. Then he stood up and said, ‘Oh my God!’ or somethin’ like that. About that time I looked over at Billie who was sittin’ on the bed by her sister. She was holdin’ up her big rag doll, just holdin’ it up in front of her. Then there was a loud bang and stuffing came out of the doll. It was then I knew he had a gun hid inside that doll. Tommy couldn’t believe he was shot and neither could I. I seen him stagger into the living room, then he fell down. He just lay there on his stomach callin’ out for his mother.”

  Just then Lenny was interrupted by a loud scream from the back of the room. Everybody turned around to see what had happened. “It appears that Mrs. Sykes has fainted,” said the judge. “Somebody help her out.” A female guard went over to Mrs. Sykes and helped her stand, then tried to lead her outside.

  “No!” said Mrs. Sykes as she stood shakily. “I want to hear the rest of this. I want that bitch in jail!”

  “All right, folks, now settle down,” the judge interceded, standing up and brandishing his gavel. “Let’s have order now. Proceed with your questioning, Mr. Horne.”

  “Yes, your Honor,” Horne said, turning back to Lenny.

  “Tell us what happened next, Leonard.”

  “Yes sir, I will. Next thing I knew, Billie dropped the doll back down onto her sister and she was holding a smoking gun. Then she pointed it at me and I started to beg for my life. I told her I’d never have done her no harm.”

  “And what did she say?” Horne continued.

  “She said she was gonna kill me anyway. She said she was gonna enjoy it. Thank God the police busted in and took the gun away.” Then Lenny broke down and started to shake all over.

  “Your Honor,” said Horne, “this young man’s been through enough today. Unless you have questions for him, I’m going to excuse him now.”

  “Yes, certainly,” said the judge. “I’ve heard enough. Mr. Wells, you are dismissed. Thank you for your testimony.” He paused and turned back toward the rest of us before he spoke again. “I think we need a break from all this tension,” he said. “This hearing will be in recess until tomorrow morning at 9 a.m.” He looked down at his watch, then headed toward a side door.

  “He’s going to his chambers,” said Fellows. “You come with me now to the guard’s room where we can talk,” he added as he took me by the arm.

  When we got there, the room was empty. He sat me down on a chair. “Do you want some milk or a pop?” he said in a kindly voice.

  “No sir, nothin’,” I replied. “My stomach’s all messed up.” I felt tears come to my eyes. “They’re gonna send me away for a long time, ain’t they? They’re not even gonna give me a chance to tell my side.”

  “Yes, you will testify,” he said. “They have to let you do that.” I could sense the uncertainty in his voice. “Look, Billie,” he continued, “I want you to know I’m ashamed of all this. I’m ashamed of the judge and I’m especially ashamed of Lacy Horne.”

  “What can we do?” I asked.

  “I don’t know,” he replied, putting his head down in his hands. “I just don’t know what to do. I do have one piece of advice, though. I saw you with Jackie Bolles this morning. She’s bad news. Stay away from her.”

  The next morning, at nine, the judge brought things to order with his gavel, and then asked Lacy Horne to call the next witness.

  “Before I do that, your Honor,” said Horne, “I want to share something. I hereby request that the court reporter take it down verbatim.” He held up a paper and waved it around before bringing it down in front of the judge. After fumbling around in his coat pocket for his glasses, Horne put them on and scanned the paper. “It says here, your Honor, that the weapon used by Billie Jane Moran to shoot Thomas Wayne Sykes was registered to Tom’s father, Charles Sykes, of the Highway Patrol. At the time Billie Jane Moran and her sister Sara escaped from Captain Sykes’ custody, they stole Tom Sykes’ automobile, a nineteen-thirty Ford Model A roadster. The theft of the gun, a thirty-two caliber snub-nose Smith & Wesson revolver, was not reported for some reason. However, we have been informed by Mrs. Virginia Sykes, Tom’s mother, that her husband had given her son such a weapon for self-protection. Tom carried it in his car. This weapon was later concealed by Billie Jane Moran in her sister’s rag doll along with about $100, the origin of which we don’t know, since no money was reported missing either. Fingerprint tests are presently being conducted to determine whether or not the money had been in the possession of Thomas Wayne Sykes. If this proves to be so, then an additional charge of theft will be registered against Billie Jane Moran.” He paused, then passed the paper to the judge. “Now we will call our next witness, Mr. Jack Wells.”

  Wells testified for about an hour, going over and over the same ground Lenny had already covered. He lied again and again, just as his brother had done before him, although by now I didn’t really care. When his testimony was finished, Lacy Horne called his next witness. “Will Mr. Percy Kelly please come forward?” he said.

  Kelly looked over at him, then he looked at me. I shook my head up and down to show him moral support. He got up then and walked over to the judge, who hurriedly swore him in. When he sat down in the chair, he looked small and frightened. He had on a white shirt and tie, which I knew he hated. Apparently someone had brought them from the house and made him wear them.

  “Percy,” Horne began, “we’ve been told that you accompanied Earl Smith and your friend Billie Jane Moran to the home of Mr. Jack Wells for the purpose of breaking in. Is that true?”

  “Yes sir,” Kelly mumbled.

  “And did you break in to Mr. Wells’ place?” Horne continued.

  “No sir,” he said, “I didn’t. I stayed outside to watch for someone coming. When a car pulled up I yelled for Billie and Oaf to run. Then I ran home myself.”

  “That’s all, Percy. No more questions,” Horne said.

  “Aren’t you gonna ask me about Tom Sykes and Lenny threatening me and breaking into our house? I was the one who ran and called the police. I did it to save Billie and Sara. They was gonna be killed.”

  “That’s enough,” Horne barked at him. “We just want what’s pertinent to the burglary. You can step down.”

  “But I want to tell what really happened,” Kelly pleaded. “They’ve been lying to you.”

  “That’ll be enough,” Horne shouted. “Guard,” he said loudly, “please take this boy back to his place.”

  “No, no!” Kelly cried out. “I want to tell what happened. Please let me tell what really happened.”

  “Take him out of here, guard,” Horne snarled, pulling Kelly up from the chair. Then the guard took over, leading Kelly out of the room as he continued to shout and cry. When they were outside the room, Horne faced the judge and apologized. “Your Honor, I’m truly sorry for the boy’s outburst. I had no idea this was going to happen.”

  “Apology accepted. Now do you have more witnesses?”

  “No, no sir, I don’t. We rest our case.”

  “All right,” said the judge after a pause. “Will Ms. Billie Jane Moran, I mean Billie... will you stand and face me, please.” I got up uncertainly, expecting to testify. I was shocked at what he said next. “Billie Jane Moran, I’ve heard testimony from three individuals sworn to truthfulness that you did burglarize the home of Mr. Jack Wells in the company of Mr. Earl Smith and your friend Percy Kelly, who served as a lookout while you were inside Mr. Wells’ house. Furthermore, this crime took place on the night of August fourteenth, nineteen thirty-eight, and the next morning, August fifteenth, nineteen thirty-eight, you did willfully and without just cause shoot an unarmed man, Mr. Thomas Wayne Sykes, rob
bing him of his life.”

  “But your Honor!” I heard Pat Fellows gasp. “You can’t mean this. What you’re doing here is wrong. Downright wrong!”

  “That’s enough. Mr. Fellows. I’ll take no more from you. Please leave this hearing room immediately. I’m not holding you in contempt, but only because of your past fine record here.”

  Just then there was a loud bell that jangled my nerves and caused everyone to move around. “That’s the lunch bell for the inmates,” said the judge, standing up. “At this point, we’ll recess for a lunch period of one hour. I want everyone back in this room at one p.m. promptly, at which time I’ll announce my verdict.”

  Pat Fellows pulled me by the arm and we got out of the room as far as we could. He was so angry he couldn’t talk. It wasn’t until we reached the mess hall that he spoke again. “His ‘verdict’! How can there be a ‘verdict’ when there’s been no trial? That wasn’t even a hearing! That was a kangaroo court in there. Why in hell would they do something like this?” Then he marched me into the mess hall where the other girls were already sitting down. “Go ahead and eat, you’ll need strength,” he said hurriedly. “I’m gonna try to call Cora and see what we can do.”

  “Do you know where she is?” I asked gloomily.

  “I’ve got a pretty good idea,” he said, “and I hope to God it works. She’s gone to ask for the governor’s help.”

  He headed toward the door, then turned around and watched me as I took the empty place by Jackie Bolles again. Pat peered at me as if I was doing something wrong. I wondered whether he knew about her plan to break out. Then I sat down and started to eat the tasteless food before me.

  “Are you with us?” Jackie said under her breath. “We’re going tonight about midnight, when the guards are asleep. There’ll be a door left open for us in the rear of the barracks. Don’t ask me how or why ‘cause I can’t tell no one.”

  “I don’t want to hear any more,” I said. “I told you I can’t go.”

  “Don’t you know where they’re sending you?” she responded sarcastically. “It’s all over the place about you. They’re gonna put you in the reform school and throw away the key. That prison bus will be here tomorrow. If we stay here, you’ll be on it and so will I.”