by Rue Allyn
Ev leapt to his side, hoping the man wasn’t dead. Hoping that Kiera’s last chance still lived.
Muh’Weda approached from the opposite side of the clearing. “Si’s unconscious.”
Ev knelt by Davis. “Davis is dead.”
“That means … ”
The Shoshone didn’t need to finish, Ev knew. Without Davis’ testimony about Si’s perfidy and without those photographs, Kiera was a dead woman. The law would have done its impartial job, but justice would not have been done. He’d failed her, and in failing Kiera he failed to keep his promise to his dying mother, to always see justice done.
Muh’Weda’s hand gripped Ev’s shoulder. “I’m sorry, friend.”
Ev shook his head. He wouldn’t accept failure. He wouldn’t accept a world without Kiera Alden. He’d give her up first. “Let’s get these two back to town. If we’re lucky the judge will dismiss the case when we tell him what we saw and heard here tonight.”
“That’s not likely,” Muh’Weda opined. “From what Boyd said, it looks like the judge is sitting in Big Si’s pocket.”
Sadly, Ev agreed. A crime had set the wheels of law in motion. Those wheels would grind until the law identified those who would pay, even if they were innocent.
CHAPTER TWELVE
Rumors buzzed through the courtroom as guards marched Kiera to the defendant’s table and the jurors filed into their chairs.
“D’you hear what that lyin’ witness did?”
“Don’t believe it. Had to be that Injun.”
“Si’s been murdered.”
“Nah, but he’s in bad shape.”
“She’ll get off.”
“Judge’ll never let it happen.”
The snippets of conversation she caught would have confused Kiera if she’d cared to make sense of them. However, she hadn’t cared about anything since Cream announced Ev’s death. She didn’t even care if the trial was short or long, if she was convicted or not. A world without Evrett Quinn was a world she didn’t want to live in. Hanging just killed faster than a broken heart.
A visibly agitated Boyd slipped in beside Kiera. “I’ve got great news. Ev … ”
“All rise.” The bailiff called, cutting Boyd off. Everyone stood. Judge Richter strode into the makeshift courtroom, took his seat, banged his gavel, and announced court to be in session. He called for the prosecution to continue presenting its case.
The prosecutor rose facing the judge. “Your honor, I must inform you that the witness Davis has been murdered in a gunfight with the complainant, Big Si Van Demer. Evidently the cause of the fight was Mr. Van Demer’s discovery that Davis had lied on the witness stand.”
Kiera looked up at that startling announcement. She saw Judge Richter go pale and his eyes widen. She supposed the knowledge that he’d allowed lies in his courtroom might dismay any judge. Then she shrugged. So many other witnesses had acclaimed her guilt, she doubted that proof of one man’s lies would make any difference in her fate.
“Mr. Van Demer confronted Mr. Davis about his lies,” continued the prosecutor. “Davis then shot at Mr. Van Demer, wounding him. Mr. Van Demer killed Davis in self-defense. For his heroic actions in trying to discover the truth, Mr. Van Demer lies gravely injured. Nonetheless, I was able to take this deposition, which I wish to place into the record.”
Judge Richter’s face slowly regained its color. “The court regrets the complainant’s difficulties. However, his presence is not necessary to the conduct of this trial. Is the nature of Davis’s falsehoods known?”
“Yes, your honor. I am happy to say that Marshal Evrett Quinn … ”
“ … Is alive and well.”
Kiera leapt from her chair. “Ev!”
Noise erupted from the observers.
The judge banged his gavel and shouted for order.
With a move of his hand, Ev signaled her to sit back down. She obeyed, but her gaze continued to eat him alive. Thank the Lord he survived. Then she noticed Muh’Weda standing behind Ev. She smiled at her friend. He nodded at her.
“That’s what I wanted to tell you earlier,” said Boyd.
The noise settled and quiet reigned.
“What’s the meaning of this? Why is that Indian in my courtroom?”
Ev spoke up. “He’s a witness, Your Honor.”
The judge snorted. “I’ll allow it, but the more fool you for thinking anyone will believe what he says.”
Kiera would have gasped at the rudeness, but she’d seen it all too often from whites who didn’t want to understand the men and women whose land they were stealing. It was just more evidence of Judge Richter’s biased conduct of her trial.
“If it please the court,” said the prosecutor. “I would like to call Marshal Evrett Quinn to the stand.”
“By all means.”
Ev was sworn in and asked to identify himself.
“Marshal, could you explain to the court how your badge came to be in the possession of Mr. Davis?”
Despair fled, and in its place, Kiera felt hope flutter to life. Would Ev be able to convince the court and the jury that she was innocent — that Van Demer and Davis were the guilty parties?
“I can speculate, but I don’t know for certain.”
“You don’t know?”
“No sir. Davis tried to kill me and nearly succeeded. He may have stolen my badge when he left me for dead.”
“But that is speculation.”
“Yes.”
Kiera’s fingers flexed. She tightened her hold on hope, refusing to give up. Now that Ev was here all would work out right. He championed justice, and justice would never convict the innocent.
“Davis could as easily have received the badge from Miss Alden?”
Ev snorted. “I doubt it.”
“Why?”
“‘Cause she’s the only reason I’m alive now.”
Her eyes met his across the room. Could he tell how much she loved him? Maybe she’d finally have the chance to say the words. Oh no. She couldn’t really love him, not the forever kind of love. Could she? The thought was born of tension and worry. The explanation was a good one, but Kiera knew it for the lie it was. She might wish for both their sakes that she didn’t love Ev. Even if a miracle happened and she was acquitted, they had no future together. Her heart hurt and soared all at once. How could she live loving a man who would never settle? She repressed a smile. Time enough to worry about love and life once the trial was over. If she hung, loving Ev wouldn’t matter to anyone but her.
The prosecutor raised his eyebrows. “Really? And how do you know this?”
“Because she cared for me after Davis ran away.”
“Were you delirious at any time during your illness?”
“Quite a bit. All the while, Miss Alden tended me. When she knew I wasn’t getting better — when all our ammunition had run out and supplies were low — she left everything with me and went for help.”
The prosecutor laughed. “Marshal, I fear you delude yourself. Miss Alden had a vested interest in your death. She abandoned you.”
Kiera’s jaw dropped. How far would the prosecutor go to get a conviction? Once again he was perverting the truth.
“Then why not shoot me and get it over with?”
“You just told us yourself, Marshal, that no ammunition was left. If she deserted you, it was no doubt to ensure you actually died.”
“That’s absurd. I was completely defenseless. She could have knifed me, or strangled me, or beat me to death.”
“Yes. She could have done those things, but Miss Alden has murdered before and attempted to cover her tracks by pointing evidence at another person.
“Your Honor,” the prosecutor continued. “I place into evidence these reports from the San Francisco Police iden
tifying Kiera Alden also known as Kiera Whitson as a dangerous person wanted for the murder. The dead man was her former lover, who scorned her and suffered her wrath. She attempted to frame a respected citizen, Madam Cerise Duval, who’d taken pity on the deceased and attempted to help him be rid of Miss Alden’s deadly jealousy. It is as likely that Miss Alden needed Marshal Quinn’s body to provide evidence. Keeping him alive was necessary to ensure that her dupe was found with the Marshal immediately after death, thus cementing the evidence that would frame an innocent person.”
Hope’s hastily erected defenses against despair began to crumble. How had the prosecutor discovered that the San Francisco murder was linked to her?
Ev stared at the man, clearly amazed.
“You have nothing to say, Marshal?”
“I’ll speak my piece when the defense has its turn.”
“Speak now,” Judge Richter interjected. “The defendant has declined to mount any defense.”
Ev looked at the judge. “Yeah, I heard about that. I’d hoped you’d had the good sense to change your mind.”
Richter pointed his gavel at Ev. “Marshal, you’re mighty close to contempt. I’ll conduct this trial as I see fit. If you have anything more to say, say it now.”
Kiera shook her head. Was it possible that Ev would fail? If he did she knew it wasn’t his fault. How could justice win when greed and evil stacked the cards?
The prosecutor folded his arms across his chest, leaned back against his table, and studied his fingernails as if expecting to be bored to distraction.
“Your honor, evidence exists to prove that the charges against Miss Alden are completely false. Those horses didn’t belong to Van Demer; they belonged to the Shoshone.”
The observing audience leapt to their feet, shouting and waving fists. Judge Richter banged his gavel with increasing ferocity, until the gallery settled down. Kiera kept still, barely daring to breath least the fears she battled overwhelm her.
“That’s a serious accusation, Marshal. Where is this evidence?”
“It’s been stolen in an attempt to frame Miss Alden.”
“Without the actual evidence, all you have is hearsay. You should know that, Marshal. You’re dismissed.” The judge waved his hand as if shooing a fly.
“I have one more thing to say.”
“Go ahead.”
“The events last night did not occur exactly as the prosecutor explained them.”
“Really? How do you know this?”
“Because I was there with the Shoshone known as Muh’Weda. We both witnessed Big Si Van Demer kill Davis in order to be certain Davis would never tell anyone that Big Si had hired him and two other men to murder Miss Alden and jump her claim.”
The audience gasped, but both the judge and the prosecutor doubled over with laughter.
Kiera’s heart leapt. She wanted to cheer. Here was proof of how absurd the tales were that the prosecutor spun from nothing. Even if she were convicted, she’d know the truth had been heard because of Ev.
“Your Honor, obviously the Marshal’s good sense is clouded by emotion. He’s clearly under Miss Alden’s salacious influence. Why, she’s even managed to convince him that she was caring for a man she desperately needed to kill.”
Ev frowned. “Contact the land office, Judge. You’ll find that she’s filed a claim just as I said.”
For once Judge Richter agreed to a defense request and called a recess, then left. Boyd and Muh’Weda went to the Land Office with the prosecutor to obtain a copy of the claim Kiera had made on Smoke Valley. Kiera remained under guard in the courtroom, seated beside Ev, not daring to touch him, but drinking in the solace of his presence. His scent, his heat, his voice, the look in his eyes, told her all she needed to know. He was alive and well and would someday find someone who might love him almost as much as she did. She could die happy and proud now. He knew the truth and that’s all that mattered.
“This trial is a travesty,” muttered Ev. “That judge and the prosecutor are railroading you, and I’ll bet that Big Si is behind it. I wish I’d been able to find his daughter this morning, but she seems to have left town. Her disappearance is mighty suspicious. She’s her daddy’s weak link. We might get enough out of her to prove that Van Demer’s trying to make you look guilty.”
“It doesn’t matter.”
“Yes it does. If that jury doesn’t acquit, we’ll get you out of here. I’ll hide you until your case can be appealed. I won’t let them do this to you.”
He reached for her hand, but she evaded his grasp. No good would come if he were seen touching her.
“Don’t compromise your job and your values, Ev. You’re a good lawman, and this country needs good lawmen.”
“Just listen to me.”
“No. You listen to me. The verdict will be what it is. I need you to do something for me, if I’m found guilty.” She had little doubt that would be the result.
“Anything.”
“Contact my sisters, Edith and Mae Alden, in Boston. Tell them I love them. I’m leaving Smoke Valley to them. Tell them about it and what I’d hoped to do for them there. Ask them not to forget me.”
“I won’t have to. You’ll be doing that yourself.”
She looked at him. Her heart calm but resigned. “Promise me you’ll do this, if the verdict is guilty.”
He stared at her for a long time then nodded. “I promise. But you have to promise me something.”
She smiled. “Anything.”
“Don’t give up. We’ll find a way to get out of this. We’ll get married, and we’ll have a long and happy life together.”
She shook her head. Maybe he really meant what he said about a long and happy life. She wished it was possible, but hanging or no, she knew he was wrong. He wouldn’t put down roots for her, and she wouldn’t wander with him. “I promise not to give up, but don’t build pipe dreams about a future that may already be dead.”
He clenched his jaw. “I don’t want to argue with you.”
“Then don’t. Just sit here and be together with me.”
His gaze turned tender. “Is that what you really want?”
She wanted so very much more, but knew this was all she would have. With that she had to be content.
They lapsed into silence until the guards opened the doors and let the observers in. The jurors took their seats. The prosecutor returned, but Boyd and Muh’Weda were absent. Ev was forced from her side to return to the witness chair. The bailiff called for all to rise. They stood. The judge entered.
After announcing court to be in session, Judge Richter called upon the prosecutor to present the evidence obtained at the Land Office.
“I regret, Your Honor, no evidence was found of any land claim made by Miss Kiera Alden, Miss Bouddica Alden, Miss Kiera Whitson or any other related name.”
The judge bent his gaze on Ev. “Are you now finished wasting this court’s time?”
Ev glared back at him. Kiera prayed that he’d use restraint. Nothing more could be done.
“I have nothing left to say to this court.”
She inhaled deeply. It was over. Only the formalities of verdict and sentencing remained.
“You are dismissed from the witness chair, Marshal. The prosecution may now conduct its summation.”
As Ev returned to the gallery he passed a man whispering in the prosecutor’s ear.
The prosecutor rose. “May it please the court, I have just received word that Mr. Van Demer has regained consciousness and is willing to leave his sick bed to testify to a number of events that pertain to this case.”
The judge cleared his throat. “I don’t believe it is necessary to have Mr. Van Demer testify. Unless you feel the evidence presented thus far is insufficient to convict the defendant?”
The p
rosecutor smiled and surveyed the jury. “No, Your Honor, I believe the existing evidence is sufficient to see justice done and ensure that the Wyoming Wildcat will hang.”
“Then get on with your summation. This trial has taken too much of our time already.”
Facing the jury, the prosecutor began. “Ladies and gentlemen … ” He reviewed the testimony and evidence presented, vilified Kiera, described her supposed offenses in terms that every juror would find most horrifying and concluded with a call for the jury to find her guilty so that Wyoming could be rid of such a scourge and thereby be rendered safe for all its citizens.
After the attorney returned to his seat, the judge instructed the jury and called a recess while the jury deliberated. Once court was in session again, Richter faced Kiera’s twelve peers. “Mr. Foreman, have you reached a verdict.”
“Yes, Your Honor.”
“What say you?”
“We find the defendant, Miss Kiera Alden, guilty as charged of horse stealing, arson, and murder.”
The crowd roared its agreement. The judge banged his gavel until they quieted.
“Ladies and gentlemen of the jury, I thank you for your service. Be assured that justice will be carried out swiftly. You are dismissed.”
The jury filed out, but most of the observers remained in the room.
Judge Richter faced Kiera. “Kiera Alden. You have been found guilty as charged. As such you will appear before this court tomorrow at nine o’clock in the morning at which time I will pass sentence on you for your crimes. This court is adjourned.”
“All rise,” the bailiff called.
Everyone stood until the judge had left then they filed from the room.
Kiera’s guards surrounded her.
Ev watched as she was taken from him. It couldn’t happen. She couldn’t be hung. She was innocent. He had one avenue of recourse. The chances were slim, but he had to try.
CHAPTER THIRTEEN
Judge Richter hurried into the hotel, passing Ev as he stood on the boardwalk watching Boyd and Muh’Weda ride away. They were on their way to persuade the colonel commanding Fort Sanders to intervene in Kiera’s case. The army didn’t normally get involved in the legal wrangling of the courts, but the troops were enforcers of the law charged with arresting law-breakers and wrong-doers as part of their primary mission of protecting honest citizens.
