Whispers on the Wind

by Brenda Jernigan

  “Remember that piece of material you showed me?” Thunder asked.

  Mary nodded. “Yes, I thought maybe I had torn it from the intruder’s coat. But I couldn’t have if the coat was in Big Jim’s room all along. Unless ... unless it was Big Jim’s coat.”

  Carter looked the garment over. Slowly he turned it around.

  Mary’s eyes grew big.

  The room started to spin out of control as she mumbled, “I must have killed him.”

  Chapter Twenty

  Once again, Mary was in another cell, only the town was different She was back in Appleton. However, she wasn’t alone, there were two prisoners in the next cell. When they asked what she was in for and she told them murder, their faces had gotten real white and they hadn’t bothered her since.

  Though the other prisoners didn’t bother her, she was beginning to feel like a criminal. And waiting for the trial was killing her. She needed to get everything over with. She’d been living in an indeterminate state long enough. Too long. Mary just prayed that Thunder could pull off a miracle.

  This morning, Thunder had told her he was going over to the courthouse to pick the jurors. Having been much too nervous to go with him, she stayed behind. Besides, Mary trusted his judgment And lately she was so nervous that she stayed queasy.

  It was late afternoon when Thunder finally sat down behind the long table that had been assigned to him as defense attorney. The courtroom was quiet now, and he stopped to consider what was to come. Lacing his fingers behind his head, he stretched his long legs out under the table, then crossed his feet as he leaned back and thought about the long morning.

  They had interviewed fifty-six potential jurors before filling the jury box with twelve men. A man by the name of David Degar was chosen foreman.

  Thunder was satisfied with the jury. The members looked like honest citizens. However, he knew he didn’t have much of a defense. Though largely circumstantial, the evidence against Mary was convincing. He realized that his only hope lay with his friend Delaney, and Thunder prayed that he was on the way.

  Carter had arranged for a special Overland Stage to take him to Independence to meet Delaney, and together they would come back to Appleton. It was a long trip but with a nonstop stage only stopping to change horses, they could make it. On the way back, Carter was to fill Delaney in on everything that had happened.

  Thunder left the courthouse in a foul mood as he headed back to the hotel. There was nothing left to do, and he hated waiting. Nothing had gone right in the last two days, and with each day that passed, Mary’s depression about her plight deepened. Oh, Mary had said everything was all right, but he’d seen the dark circles under her eyes. She’d even thrown up her breakfast a couple of mornings, which he figured was a direct result of her being so nervous. He felt Mary needed a woman with her, and he damned sure needed his wife.

  So just maybe ...

  The time of reckoning had finally come.

  Midmoming, Thunder came to get Mary.

  He walked with her and the sheriff over to the courthouse. No one said anything. What was there to say? Besides, she felt if she opened her mouth she’d start to cry.

  As they neared the building, Mary glanced up at the sign hanging over the courthouse and smiled. In big, old letters, its message was, “Justice for one and all.” She prayed the sign was correct as she entered the building.

  The courtroom was simple yet functional. Four windows stretched across the back, and it would have looked like an ordinary room, if not for the platform that held a huge desk where the judge would sit. For now, it was empty.

  Mary could tell that the spectators’ seats were full, but she didn’t dare look while Thunder escorted her to the front She did not want to know the people who were going to be staring at her and wondering if she really had murdered Big Jim McCoy, the closest thing to a father she’d ever had.

  For the hundredth time, she wondered where Carter was. The only thing she knew was that she hadn’t seen him since he had deposited her in jail. She had no idea where he was, and she was too proud to ask Thunder. There was no way she’d let on to anyone how much Carter mattered to her. Not even Thunder.

  Maybe Carter had only said he cared for her, so she’d come along peacefully. Her stomach knotted as she sat down behind the long, brown table. No wonder she stayed sick to her stomach. Anyone would be sick, considering what she was going through.

  The jurors came in single file. Each one seemed to glare at her before seating himself.

  Mary raised her chin and looked each one in the eye. She was tired of being made to feel guilty, and she’d be damned if she would hang her head.

  “All rise,” the bailiff called.

  Judge Parker entered from a side door. He proceeded to the platform, pulled out a straight back chair, its legs scraping the floor, then took his seat behind the desk.

  The court crier said in a booming voice, “Hear one and all, the Honorable District Court of the United States for the Western District of Colorado, having criminal jurisdiction of the Indian Territory, is now in session.”

  After everyone had quieted down, Judge Parker turned to the jurors and said, “Do equal and exact justice; permit no innocent man to be punished, but let no guilty man escape; and let no politics enter here. Do this and you will have done your duty as jurors of this court.”

  Mary clutched her hands together. She realized she could be in deep trouble if things turned out wrong. All this time, she’d been hoping that something would happen to prove her innocence. Now, time was running out. She was scared. More than scared. She was terrified.

  Judge Parker turned to the clerk. “Clerk, please refresh my memory.”

  The clerk shuffled some papers until he found the precise one he was looking for. “United States versus J.K. Jones. Charge, violating revenue law. Guilty. Charge, introducing liquor into Indian Territory. Guilty. He’s been committed to jail here where he’s awaiting sentencing, Your Honor.”

  Judge Parker nodded. “I remember now. Very well. Bailiff Winston, please bring him up for sentencing first thing on tomorrow’s session. Now, today I see we have a murder trial. Let’s begin, as I’m sure this will be a long one.”

  The prosecution called several witnesses, most of them men Mary had worked with at the mine. To her surprise, the men didn’t say anything bad about her, other than that she’d deceived them, which seemed to have irritated all of them.

  Then the prosecution called Mary. She felt guilty the moment she stood up. The prosecutor, Charles Bryan, was a young man with a stocky build who looked like he hadn’t smiled in ten years.

  He glared at Mary for a long time, then he said, “Can you tell us what happened the night Big Jim was killed?”

  Mary shook her head. “I don’t remember anything,” she admitted as she looked out over the sea of people who had gathered for her trial in Appleton. She heard several of them gasp, but she knew no one. She’d never felt so alone.

  The prosecutor gave Mary a skeptical look before he said with a sneer, “If I’d murdered someone, I’d forget, too.”

  “Objection,” Thunder shouted as he came to his feet. “We don’t care about Mr. Bryan’s opinion.”

  “Sustained,” Judge Parker said, then looked at Bryan. “Should I remind you that your job is to prove Miss Costner guilty without your comments?”

  “I’m trying to do that, Your Honor.”

  The judge looked at Bryan over his glasses. “Do you have any more questions for this witness?”

  “Yes, I do.” Charles turned back to Mary. “Tell us your relationship with the deceased.”

  “Big Jim and I were partners in the Lazy Dollar Mine. We had been partners for two years. During that time, I came to think of Jim as a father who I loved very much.”

  “Well, Miss Costner, you have a strange way of showing love,” Charles said on his way back to his table. “No more questions for now, but I would like the right to recall.”

  If Thunder, who was go
ing by his white name Thomas Bradley, could have beat the shit out of the prosecutor, it would have given him a great deal of satisfaction at the moment. But it would only land him in jail, and then he’d be of no help to Mary.

  However, things were not looking good for Mary, Thunder thought. He had hoped that Carter would have been here by now. Thunder sure hoped Carter wouldn’t let them down. It could mean Mary’s life.

  Thunder slid his chair back, rose from the pine table, then strode over to the witness stand. This was the second time he’d had to defend a member of his family, he thought. He cleared his throat. “Mary, did you and Big Jim get along, or did you constantly disagree?”

  “After the first day when we met, we rarely argued.”

  Thunder began to pace to calm his agitation. “Can you tell me what your deed says?”

  “We both had the same clause written into the deed. It states that if something happens to either of us, the other partner inherits the mine.”

  Thunder stopped and looked at her. “And why did you do that?”

  “We both worked very hard in the mine. We didn’t want an outsider moving in on the other partner.” Thunder shrugged. “Some would think that might be a motive for murder.”

  “There was plenty of money for both of us,” Mary said.

  The door rattled at the rear of the courtroom and drew Thunder’s attention.

  Carter and a man Thunder recognized as Delaney entered through the doorway. Thunder didn’t smile. He didn’t want to give away anything to the prosecution, but he sure was relieved. Delaney was their best hope. He might be their only hope.

  The interruption started the crowd talking as the two strangers moved toward the row behind the defendant’s table. Judge Parker slammed his gavel on his desk. “Order in the courtroom.”

  Thunder stepped over to the judge. “I’d like to request a recess. Information that I’ve been waiting for has just arrived.”

  The judge slammed his gavel and said, “Court is adjourned for fifteen minutes.” Then he retired to the side room.

  Mary was so stunned that Carter was here that she didn’t bother to move or question who the man was with him. He was probably just another lawman. Mary watched him as he spoke to Thunder. She’d figured that she would never see Carter again. After all, he’d done his duty by bringing her in, so why was he here now? Why had he come back?

  The three men put their heads together while they discussed something. One would nod and then the other would nod. Mary shifted in her hard chair. It would be real nice if someone would let her in on what was going on, since it was her trial. She was all but forgotten.

  Mary sighed. She felt so helpless not being able to help herself. For once in her life she had to depend on others.

  Again, the back doors of the courtroom opened and a crowd of people surged through. They found seats in the back.

  Mary couldn’t see until the doors were shut. Then her eyes widened. Brandy, Helen, Scott, Ellen, and Willie had marched into the room and were seating themselves in the back row. Scott and Willie both waved.

  Mary smiled. They had come. The people who truly loved her had come to support her. It made her choke up; she’d never felt so loved as she did now.

  How long had it been since Mary had seen Helen, Thunder’s mother? She had been back east visiting her parents when Mary first went to the mine. Helen must have come back in the last few months or Brandy would have written to her about it. It would be good having her back on the ranch. They all thought of Helen as the mother most of them had never had.

  Carter broke away from the crowd and started toward the witness stand. He stared at Mary for a long while, as if he were trying to memorize her face before they hung her. She should have taken him up on his offer to flee; then she wouldn’t be going through this agony. But they would never have been able to return to the ranch and Carter’s mother, and she would never have been able to forgive herself.

  The way Carter looked at her gave Mary a very uneasy feeling. He looked tired and worried. Could he be worried about her? Did he truly care?

  “How are you holding up?” Carter asked, and reached for her hand. The warmth of his skin felt good on her cold fingers. Even though it was hot outside, Mary felt cold all over.

  “What are you doing here?” she asked. “I thought you were gone for good.” Carter had hurt her, and at the moment she had a thin grip on her emotions.

  “I’m here because of you,” Carter told her.

  Mary gave him a sarcastic laugh. “You’ve already arrested me and brought me to justice. Must you see them hang me, too, before you realize that your job is finished?”

  The hurt that flashed in Carter’s eyes surprised her. And for a moment, she felt bad that she’d lashed out at him. But it was the truth. He’d left her when she needed him the most

  There was pain in Carter’s eyes when he replied. “I guess I deserved that.”

  The judge came back in the courtroom, drawing their attention. “We’ll talk more later. Come on, according to Thunder you need to sit over at the table for now.”

  Carter walked with Mary back to the table, then sat down besides her, taking her hand in his. She didn’t jerk her hand away, but it was because she selfishly needed Carter’s comfort. However, she also remembered how easy he could dismiss her, so she looked at him questioningly. “What do you want, Carter?”

  A slow smile slipped across his face as he whispered to her, “You.”

  Mary’s traitorous heart soared. But she was cautious, so she didn’t say anything. She knew at the moment her life was dangling by a thread and there might not be a future with Carter. Or anyone.

  The court was called back into session, and the judge asked for the next witness.

  Charles Bryan stood. “I’d like to call John McCoy to the stand.”

  Mary squeezed Carter’s hand tightly. Her stomach ached at the mention of that man’s name. She didn’t know why, but she had a gut feeling he had something to do with the murder ... if she could only remember what

  The stranger who’d come in with Carter tapped him on the shoulder, then whispered something in his ear.

  Carter leaned over to Mary and whispered, “No matter what you do, do not look directly at John McCoy.”

  “Why?”

  “Because we believe he’s controlling your mind by giving you some kind of a signal. Every once in a while, glance at him, but only for a moment, so we can pick up on the signal.”

  “Who is that man that came in with you?” Mary asked.

  “He’s Thunder’s friend, Delaney. Remember, Thunder told us about him?”

  Mary shook her head. “There has been too much going on. I had forgotten all about him.”

  Bryan started first “Can you tell me how you were related to the deceased?”

  “He was my half brother.”

  “I see,” Bryan said. “And when is the last time you saw Jim?”

  “The night he was killed.”

  Carter nudged Mary. She glanced up at McCoy, and found he was staring directly at her, his eyes accusing. His hand started toward the side of his face, and Mary glanced away.

  Charles Bryan cleared his throat before asking the next question. “Can you tell us what happened?”

  “Jim invited me to dinner. When I arrived, I met a young boy named Mark, or so I thought,” McCoy said with a disgusted grunt.

  “Can you explain?”

  McCoy leaned against the back of the chair, confidence stamped all over his face. Carter tightened his jaw. Oh, how he’d love to mop the floor up with that man.

  “The boy was really a woman who dressed as a man. Everyone in camp thought of her as Mark,” McCoy explained.

  Bryan walked toward Mary as he asked, “Can you identify this woman?”

  “She is right over there.” McCoy pointed.

  Mary looked up at her accuser, and again McCoy’s hand started toward his face, so she looked away.

  “I see,” the prosecutor said as
he, too, glanced intently at Mary. “Can you tell me what happened that night?” he asked McCoy without looking at him.

  “We had a pleasant dinner until Mark—I mean, Mary—and Jim started to argue. They were arguing over the mine. Mary wanted a bigger cut of the rich gold vein they had just struck. She claimed she was the one that found it.”

  Mary leaned over to Thunder. “He’s lying.”

  Thunder glanced at her. “I know.” Then he turned and leaned over to speak with Delaney in a low voice. “Did you get it?”

  Delaney nodded.

  “No more questions,” the prosecutor said.

  Slowly, Thunder rose from his chair. “Mr. McCoy, can you tell me how Mark was dressed that night?”

  “He had on Levi’s and a faded flannel shirt.”

  “And his hair?”

  “He had on a cap. I couldn’t see it.”

  “Well, the lady who you just pointed to has long blond hair. How can you be sure it’s the same person you saw? She doesn’t look anything like a boy to me.”

  Several murmurs ran through the crowd.

  “It’s her, all right” McCoy shifted and leaned forward. He didn’t look as sure of himself as he once did. “I remember those eyes.”

  “Could it be that you remember so well because you never did leave the cabin, but stayed and found out that Mark was really Mary?”

  “I done told you, I left and slept in my wagon. I have an alibi.”

  “Oh, that’s right. Marshal Forester told me you stayed the night with the town whore—someone who can be bought, given enough money.”

  “Objection,” the prosecutor shouted.

  “Overruled,” the judge answered.

  “Tell me, Mr. McCoy, what kind of work do you do?”

  “I travel around in my wagon, selling elixirs.”

  “Is that all you do?” Thunder asked casually. He had a feeling that McCoy was the kind of man who liked to boast and Thunder was getting ready to give him a chance. “I heard that you can make people do funny things. Can you explain?” Thunder watched as McCoy’s eyes lit up with a possibility to talk about himself. Good, Thunder thought. He was hoping for such a reaction.