Worthy Brown's Daughter

by Phillip Margolin

  “You don’t understand. They’re both crazy. If I cross them, they might . . . There could be an attempt on my life. And if Jed doesn’t kill me, he’ll certainly seek revenge by revealing our bargain. I’d have to resign. My career will be finished.”

  “It won’t be that easy to destroy you, Wilbur. You’re a respected member of this community.”

  Thornton ran his fingers through his hair. “I’m not, Abby. People don’t take me seriously. I haven’t gotten where I am by being liked. The post of district attorney was a crumb tossed to me for faithful service to the party.”

  “You were a good district attorney. You did a very good job. You wouldn’t have been reelected if the voters didn’t think you’d done a good job.”

  There were tears in Thornton’s eyes. “You’re so good to me. If I lost you—”

  “But you won’t. And you won’t lose your judgeship. Jed Tyler had no right to force you to make that promise. Stand up to him. Show everyone that you are incorruptible by doing the right thing.”

  “I don’t know, Abby. I don’t know.”

  CHAPTER 58

  Marshal Lappeus had taken Jed Tyler and Sharon Hill directly to court without giving them a chance to clean up or change their clothes, and they had been forced to listen to Heather Gillette’s witnesses with the stench of the jail still clinging to them. When all of the evidence had been presented, Tyler could delude himself no longer. He was familiar with Benjamin Gillette’s signature because of the time he had spent as Gillette’s tenant when he moved to Portland, but he had not seen it in years. A brief look at the marriage contract had not convinced him that the signature had been forged, and he had rationalized his refusal to compare the signature by convincing himself that Sharon Hill would not lie to him if she loved him. But he was unable to fool himself any longer after he had been shown the evidence that Orville Mason planned to introduce.

  Tyler had still been confident of victory before Bernard Hoxie testified. After Hoxie’s betrayal, Sharon Hill’s only hope of prevailing lay with Thornton honoring his corrupt promise.

  As Tyler waited for W. B. Thornton to reveal his decision, he glanced at Hill. She had shown no emotion since court started, but would she stay that way if they lost? Tyler dreaded the possibility of another outburst like the one that had sent them to jail.

  Tyler shifted his attention to Justice Thornton, who would not meet his eye, a bad sign. Before rendering his verdict, the judge cleared his throat and took a sip of water. Tyler detected a slight tremor when Thornton spoke.

  “This case has been difficult,” the judge said. “Strong emotions have been evidenced by both sides. The plaintiff has presented to the court a signed contract of marriage and has sworn that Benjamin Gillette was a willing party to it because he was in love with her. In support of her position, Miss Hill has introduced evidence that proved that Mr. Gillette paid for her suite at the Evergreen Hotel and visited her there often, frequently staying the night.

  “There is further evidence that Miss Hill accompanied Mr. Gillette to San Francisco during the week that the marriage contract was allegedly entered into by the plaintiff and Mr. Gillette. So I find that there was a . . . an amorous relationship between Mr. Gillette and Miss Hill. That, however, does not resolve the question of the final disposition of their relationship. Were the couple passionate friends or were they legally married? And here the proof becomes vague.”

  Tyler could see where Thornton was headed. He knew he should be furious at the betrayal, but he could not muster feelings of indignation. Love and greed had blinded him to the truth, and he was empty of rage now that he saw clearly what should have been obvious all along.

  “Aside from the plaintiff, an interested party, no witness has been produced to swear to the validity of Benjamin Gillette’s alleged signature,” Thornton continued. “The defendant, on the other hand, has produced many witnesses who have sworn under oath that they have witnessed Mr. Gillette’s signature on many occasions and have concluded that someone other than he signed the marriage contract. Most damning is the fact that Bernard Hoxie, who prepared the document, never met Mr. Gillette, and the plaintiff has produced no witness who can support her position that Benjamin Gillette ever entered into a contract of marriage with her.

  “On the other hand, the defendant has produced numerous close friends and acquaintances of Mr. Gillette who have sworn that he never mentioned any intention to wed or took any steps regarding his will or other matters that would indicate such intention. Therefore, I find . . .”

  MATTHEW WAITED UNTIL THE COURTROOM was almost full before finding a spot against one of the walls where he could watch the proceedings unobserved. He had not spoken to Orville since telling him what Hoxie had confided about Thornton, so he did not know what had happened during Orville’s meeting with Justice Thornton. Matthew’s body tensed when the judge took the bench, and it did not uncoil until he gave his verdict.

  Matthew saw Heather leap into Orville’s arms. Then they were lost from sight as the spectators rose as one, cheering for the verdict and surrounding Benjamin Gillette’s daughter. Matthew left while chaos reigned, and he was halfway to his office when it dawned on him that he was smiling. Matthew stopped in the street. A couple walking behind Matthew almost collided with him and gave the young attorney odd looks as they passed.

  Matthew savored the joy that filled him. He was happy! He had not been happy since the night he had killed Caleb Barbour. Matthew felt tears well up. Heather was saved, and he had played a part in her victory. For the first time in a long time he had done something he could take pride in.

  “I have done some good,” he whispered to Rachel, and he imagined that she stood in front of him, smiling. His chest tightened, and he gulped for air. Then he sobered. Worthy Brown was still caged in a dank, claustrophobic jail cell. What he had done for Heather was a good thing, but his act would carry only the weight of a pebble on the scales that would judge Matthew’s worth if Worthy Brown died for Matthew’s sins.

  CHAPTER 59

  In court, Sharon Hill had accepted the decision without emotion, but her placid demeanor disappeared as soon as she and Tyler were alone.

  “You swore we would win,” she screamed when the door to Tyler’s house closed behind them.

  “Please, Sharon—”

  “You coward. You just sat there while Thornton spewed out his lies.”

  Tyler felt defeated before Hill’s rage, and he did not have the energy to contest it.

  “The signature,” was the best he could manage.

  “What of it?”

  “Did you write it? I’ve seen Ben’s signature many times. There is—”

  “What? There is what? Are you questioning me now? Will no one stand with me?”

  “I . . . I still love you. It’s just . . .”

  Tyler could not go on. He felt weak, his immense strength sapped by his ordeal.

  “You don’t love me,” Hill shouted. “If you loved me, you would have won. If you loved me, we would be owners of Gillette House and wealthy beyond our dreams. What will I do now? I have nothing. What will become of me?”

  Tyler was suddenly tired of Hill’s self-absorption. “I do not doubt that you will get on. You have your wiles and no morals to impede you.”

  Hill spun on him. “What did you say?”

  “You heard me.”

  Hill saw Tyler’s new resolve, and it was suddenly clear to her that she should never have trusted him. He was like every other man she had put her faith in. Hill forced her features to portray remorse. Her chin fell to her chest, and she looked at the carpet.

  “Oh, God, can you forgive me, Jed? I’m so upset that I don’t know what I’m saying. You are the only one who stood beside me through this, the only one I could count on.”

  Hill grabbed her hair and pulled it tight. She squeezed her eyes shut. “How can I treat you l
ike this?”

  Hill dropped to her knees and wrapped her arms around Tyler’s legs.

  “I’m an ungrateful fool. I should be whipped for hurting you. Please forgive me.”

  Tyler didn’t know what to say. He felt sick, but he and Hill were joined to each other by their folly, and he did not have the strength to untangle himself from the snare that enmeshed him.

  “Come, Jed. Let’s not argue. You are my only friend, and I would be lost without you.”

  Hill stood. She grabbed Tyler’s face and kissed him passionately. At first, Tyler resisted. Then he gave in because, if only for a little while, sex would let him forget the fool he had made of himself and everything he had lost.

  When they were in the bedroom, Hill gave him everything she had and left him exhausted. Then, while he lay sated and spent, she left the bedroom and returned with two glasses of wine.

  CHAPTER 60

  Roxanne was dusting in the conical tower at the top of Gillette House. From its windows, she had an unobstructed view of the Willamette and Columbia Rivers and the Cascade and Coast Mountain Ranges. While Roxanne was cleaning the window that overlooked the garden, Sharon Hill walked out of the woods and toward the rear of Gillette House. Roxanne froze. There could only be one reason for Hill’s stealthy approach. Sharon Hill was here to harm Miss Gillette.

  Roxanne remembered Benjamin Gillette’s revolver and imagined how it would feel to point it at Sharon Hill’s heart and pull the trigger. Roxanne could pull the trigger in her imagination, but could she look Sharon Hill in the eye and kill her?

  Hill was halfway to the house when Roxanne made her decision. Moments later, she was flying down the stairs to the main floor.

  HEATHER SHOULD HAVE BEEN HAPPY now that she did not have to deal with Hill’s insane lawsuit, but the anxiety created by Hill’s ridiculous claim and the pressure of learning the ins and outs of Benjamin Gillette’s enterprises had given her no time to grieve for her father. Now that the lawsuit was finished, the feelings she had kept inside flooded her and left her sad and drained.

  The day was cold but clear, and sunshine lit up the parlor. She had come in here to remember Ben. Thinking about her father also brought back memories of her mother, and she was thinking about how truly alone she was when Sharon Hill entered the room. Hill’s hair was uncombed, and her clothing was rumpled. There was a smudge on her cheek and an insane fire in her eyes.

  Heather was shocked by Hill’s sudden appearance. Then her shock turned to anger and she leaped to her feet.

  “What are you doing in my house?” Heather demanded.

  “This is my house. You stole it from me.”

  “Miss Hill—”

  “Mrs. Gillette!” Hill said. Then she raised Jed Tyler’s revolver, which she had concealed at her side. “Say it or I will shoot you now.”

  Heather could see that Hill was not in her right mind, and she tamped down her anger.

  “Mrs. Gillette, this house will never be yours if you use violence against me. You will be put in jail. This is not the way. You can appeal Justice Thornton’s verdict. The supreme court may rule for you.”

  Hill laughed. “You must think me a fool. You have Thornton and the other judges in your pocket. I will never get justice in the courts, but I can exact justice now.” She pointed the pistol at Heather’s heart. “If I can’t have Gillette House, I’ll make sure you can’t, either.”

  Heather raised her hands in a hopeless attempt at defense and took a step back. Hill glared at Heather and aimed. A shot shattered the silence, and Sharon Hill’s head exploded seconds before her body pitched forward. Heather gaped in astonishment. Then she turned and saw Roxanne in the doorway. Standing in front of her was Francis Gibney, a smoking revolver in his hand.

  “Roxanne saw Hill approaching through the garden,” Gibney explained as he walked over to the dead woman. “You owe her your life.”

  NO ONE BLAMED FRANCIS FOR shooting Sharon Hill, especially after they discovered Jed Tyler dead in his bedroom. Dr. Sharp had tested the wine remaining in the glass on the floor next to Tyler’s body and concluded that he had been poisoned. The doctor thought that there was a good possibility that Sharon Hill had murdered Benjamin Gillette in the same way.

  Roxanne didn’t think that anyone would have blamed her if she had been the one who shot Sharon Hill, but she’d made her choice as she raced down the tower stairs. Francis Gibney was out front and Benjamin Gillette’s pistol was in the writing desk in the library. She knew that she would have time to summon Gibney or grab the weapon, but she wouldn’t have time to do both.

  Why had she run to Francis instead of getting the gun? She had never fired a pistol, so there was a practical reason for her decision, but the real reason she had chosen to summon the bodyguard was something her father had said when she had told him about the gun in the library.

  Worthy had told her that he would rather hang than know she had shot someone because he knew that guilt would haunt her for the rest of her life. Roxanne did hate Sharon Hill, and she wondered whether she would have felt any guilt if she shot Hill to save Miss Heather. She did not know what would have happened if she’d gone for the gun instead of Francis, but she did trust her father, and she was glad she would never know what would have happened had she gone to the library instead of the front porch.

  PART FIVE

  THE RAIN

  CHAPTER 61

  The weight of having to gain an acquittal for Worthy Brown crushed Matthew, and his guilt consumed him, driving him to prepare ceaselessly. He slept in fits and starts and ate only when his hunger was so great that it interfered with his concentration. Matthew’s weight had dropped until he looked gaunt and unwell, and he was always exhausted and morose.

  The day before the trial, Matthew walked to the jail to confer with his client. It started to rain when he was halfway there. Matthew hunched his shoulders and ran as the downpour increased in intensity. As soon as he was inside, Amos Strayer led him down the muddy corridor to Worthy’s cell and locked Matthew in with his client.

  “I want to beg you one last time to let me call Roxanne so we can mount a believable case of self-defense,” Matthew said as soon as the deputy was out of earshot.

  “We talked about this before,” Worthy answered stubbornly. “I ain’t going to let you call Roxanne as a witness.”

  “Be reasonable, Worthy. The jurors will expect her to testify. If she doesn’t, they’ll assume it’s because her testimony would hurt you.”

  “I can’t help what people assume.”

  “It may be painful for Roxanne to tell what happened to her, but you should let her choose what she wants to do. Your life is at stake. She won’t refuse.”

  “If she testifies, Roxanne would have to do more than tell about what Mr. Barbour done to her. If she says I killed Caleb Barbour, Roxanne would have to lie after she put her hand on the Bible and swore to God to tell the truth. I can’t ask that of no one but myself.”

  “Let me be blunt, Worthy. Witnesses who were at your court case will tell the jurors that you threatened to kill Barbour if he mistreated Roxanne. Dr. Sharp will testify that he examined Roxanne and she showed signs of being beaten. The prosecution will put on the men who went to Barbour’s house to put out the fire. They’ll say they saw you alone with the body in Barbour’s yard. You will be convicted if we do nothing. Won’t you even let me talk to Roxanne and see what she says?”

  “I know what she’ll do. She’ll go to court and lie, and I won’t have it. And don’t think you can trick me by calling her against my will. If I see that child walking to the witness stand, I’ll confess and put an end to it.”

  Matthew continued to try to persuade Worthy to change his mind. When it was clear that he was making no headway, he stood up and yelled at Amos Strayer to let him out.

  “I know you’re worried for me, Mr. Penny. Don’t be. I’m at peace, an
d I’m ready to accept what the Lord has in store for me with an untroubled mind.”

  “You are only thinking of yourself,” Matthew answered bitterly. “Other people will suffer if you hang. Roxanne will be alone in the world, and I will go to my grave with your death on my conscience.”

  “You saved my Roxanne and made her future possible. You are a good man, Mr. Penny, and you will come to see the wisdom in what I done. God loves you. He won’t let you suffer.”

  When Matthew heard the deputy put his key in the lock, he turned away, utterly defeated.

  THE RAIN WAS POUNDING DOWN when Matthew walked back to his office, but he was oblivious to the onslaught. Matthew shut the office door behind him and shucked off his rain-soaked jacket. It was freezing in the office, and he set a fire in the potbellied stove. Then he hung the jacket over a chair and moved it near the stove to help it dry. He started to head for the stairs to his apartment so he could change out of his wet pants, but he stopped abruptly and turned to look at his jacket.

  “My God!” he whispered. Then he dropped onto a chair and ran through everything that had happened on the evening Barbour died. When he was done, he found that he was short of breath. He stood and paced, going over everything again. Maybe all was not lost. Maybe he could win Worthy’s case without the defendant or Roxanne Brown taking the stand.

  Matthew grabbed his jacket and hurried across town to Dr. Sharp’s office. Then he found Marshal Lappeus and asked him some questions. It was after dark when Matthew explained his strategy to Worthy Brown. The decision was not one Matthew could make without Brown’s consent. Worthy listened carefully and agreed to go along with Matthew’s plan. Matthew was elated when he left the jail, but doubt began to edge aside certainty as he neared his office. He was gambling with Worthy’s life. If the dice came up wrong, Worthy Brown would hang.