“Well, by my count, you’ve filed eighteen leases in this area of Ash County over the last ten years. If you want, we can take the jury through each one of the leases, put them on the record, and show where those leases are in relation to the square on the map.”
Wellington shifted his weight. “That location looks about right, approximately.”
“The Mack farm is located over a syncline rock formation?”
“According to the illustration, yes. I can’t say that’s actually true.”
“Fair enough.” I left the map and the overlay there, the red square like a beacon. “Mr. Wellington, I’d like to talk to you now about your dealings with the Mack family.”
“Certainly.”
“When did you first approach them about an oil lease?”
“I’d say it was about four years ago.”
“And why did you contact them?”
“Because I thought the discussions might be productive for both sides.”
“And you thought a well would be productive?”
“I thought there was a good chance.”
“Why?”
Wellington smiled. “That's back to the trade secret, Mr. Shepherd.”
“Sure. So you made an offer for a drilling lease on the Mack property?”
“I did.”
“When you made the offer, were you aware that the Macks had had a setback so that their transition to becoming an organic farm had been delayed?”
“I was.”
“Were you aware that someone had actually sabotaged their fields by putting pesticide on them?”
“I knew they had had a setback. I wasn't aware of all the particulars.”
“How did you learn that? Or is that another trade secret?”
“Not at all. Dellville is a small town. I had heard about it either through my son's baseball team or church, I don't remember which.”
“And having heard about it you wanted to see if you could capitalize on it?”
Wellington frowned. “I don't like that term at all, Mr. Shepherd.”
I shrugged. “What would you call it?”
“I would call it helping someone in need in our community who might view it as good time to have another source of income.”
“I see. But you weren’t just going to give them money, like a charitable donation.”
“No, not at all. We would make lease payments and pay them an additional percentage from the well’s earnings.”
“You wouldn’t make that offer unless you thought there was a chance the well would hit, would you?”
“We always hope they hit.”
“But you had special knowledge here?”
“We are coming back around to areas I can't talk about.”
“I see. So the Mack farm was sabotaged and a short time later you made an offer for a drilling lease on their property.”
“I did.”
“And how did the Macks respond?”
“They turned it down.”
“Who turned it down specifically?”
“Mr. and Mrs. Mack.”
“Did they give you a reason?”
“They said that they did not think it meshed with their plan for organic farming.”
“Did you have any dealings with Hamish or Archie Mack at that time?”
“No. I understood that Mr. and Mrs. Mack made all the decisions related to farming.”
“Did you follow up at all? Ask again?”
“I did.”
“How many times?”
“Once a month for a few months right after, then every couple of months after that.”
“Why?”
Wellington shrugged. “Circumstances change. People change their minds.”
“How long did that go on?”
“About a year I would say. Then I stopped calling. We would run into each other here and there and I might mention it casually, but I stopped contacting them directly about it.”
“So did there come a time this summer when you contacted Hamish Mack?”
“I did.”
“Why?”
Wellington shrugged. “It's just good business to keep in touch with potential contacts.”
“But tickets to the Big Luke concert? That seems like more than just a casual contact.”
Wellington smiled. “Hillside Oil has a generous entertainment allowance. I invited a few friends.”
“By friends you mean other farmers who have oil wells on their property?”
“That's right.”
“That wasn't a coincidence, was it?”
“What do you mean?”
“That you invited Hamish on a night when you were entertaining other farmers with oil wells.”
“Heck no, Mr. Shepherd, that wasn't a coincidence at all. That's just good business.”
“Why did you do that?”
“I wanted Hamish to be able to talk to other farmers.”
“Other farmers who had allowed Hillside Oil onto their land?”
“Other farmers who had partnered successfully with Hillside Oil.”
“Did you talk about the possibility of an oil lease on the Mack farm that night?”
“We did.”
“Even though Mr. and Mrs. Mack had told you no repeatedly?”
“Hamish was giving me the impression that the situation might've changed.”
“How so?”
“Hamish told me that under the terms of his deed, Mr. and Mrs. Mack controlled all the farming decisions. He had recently received an interpretation that drilling an oil well wasn't a farming decision. So I believe his thought was that he had the authority to agree to put a well on his own land.”
“What did you think?”
“I thought it was worth looking into.”
“How did you feel about that?”
“I was excited.”
“Because you thought it could be a big find?”
“I wasn't sure but, like I said, I was hopeful.”
“Where did you leave it with Hamish?”
“That we would both have our lawyers look at it, but if it worked out, Hillside Oil would be more than willing to move ahead.”
“We've seen video of the two of you talking in the courtyard of the Quarry after the concert. Is that where the two of you left off your discussions that night?”
“Yes.”
“What happened next?”
“I said goodbye to Hamish and he left.”
“Did you see which way he went?”
“No, sir. Like I mentioned, I had some other guests there that night and I was going back to say goodbye to them.”
“What happened then?”
“Then your client came up to me.”
“What happened?”
“He asked what I was talking to his brother about.”
“What did you say?”
“I said we were talking about Big Luke.”
“So you lied to him?”
“I did not. We did talk about Big Luke.”
“What did Archie say?”
“He didn't believe me. He got aggressive and asked if we were talking about a well.”
“So he was right?”
“Excuse me?”
“Archie. He was right not to believe you?”
Wellington shrugged. “I was not about to get in the middle of a family dispute.”
“How was there a family dispute?”
“After about thirty seconds, it was clear that Archie didn't know what Hamish was talking to me about. And I didn't think it was appropriate for me to be the one to tell him.”
“Why is that?”
“Because I'm not his brother.”
“What else did Archie say?”
“He said that if I was going to talk oil, I needed to talk to the whole family.”
“Was he right about that?”
“That's what I was going to find out from Hillside’s legal department.”
“What did you say to Archie?”
“I told him that me and his brother had a great time at the concert and that I would be happy to take him to the next one.”
“What did he say?”
“He said he wasn't interested.”
“Then what happened?”
“He was getting pretty mad and I didn't have much interest in talking to him when he was like that and I also didn't want what was clearly a family matter to escalate with me. I told him I'd be happy to talk to him anytime, but that right now, I had to get back to some other guests before they left.”
“What did he do?”
“Archie reached out and grabbed me by the arm. I pulled away and said he should really take all this up with his brother. He said that's exactly what I'm going to do and left.”
“Which direction did he go?”
“I have no idea.”
“So what did you do next?”
“I went and found the other folks I had come there with, made sure they were all good to drive home, and just chatted with them for a little while until the traffic cleared out of the front parking lot. It takes a while after the concert.”
“So I understand. What did you do next?”
“Once they were ready to go, I went to my car.”
“And where were you parked?”
“In the back lot.”
I raised an eyebrow. “I thought that was for employees?”
“And contributors. Hillside Oil is one of the sponsors of the summer concert series, so they give us a couple of parking spaces in the back.”
“I see. Did Hamish have the other one?”
“He did.”
“So he was your guest of honor that night?”
“He was my guest and I was happy to give him the spot.”
“So you went to go to the back lot to leave?”
“I did.”
“Did you see Archie?”
Wellington nodded. “Just as I was leaving. I was coming out of the restroom when I saw him walking into the courtyard from the back of the Quarry. I was a little ways away and frankly didn't want to talk to him again, so I avoided him by waiting near the restrooms until he passed, then went along the pathway to the back lot.”
“Was there anyone else with you on the pathway to the back lot?”
“I don't remember. I'm sure there was.”
“Which?”
“Which what?”
“You don't remember or you’re sure there was? We can check the video if you're not sure.”
Wellington thought. “I guess I don't remember.”
“When you walked along the back path, you would have passed the abandoned stairs?”
“I did.”
“Did you see Abby Ackerman when you were there?”
“Absolutely not.”
“Why ‘absolutely not?’”
“Because if I had, and she was injured, I would've called for help.”
“Who said she was injured at that point?”
“Well, you?”
“No, sir, I did not. Do you know what Abby's position on the well lease was?”
“What do you mean?”
“Well, you knew that Mr. and Mrs. Mack were against the well, right?”
“I knew they had been.”
“You knew they had turned you down.”
“Four years earlier, yes.”
“And you knew Archie was against the well?”
“He seemed like it.”
“So what about Abby? What did she think of the well?”
“She's not a member of the family.”
“No. But she’s Hamish’s fiancée, so she’s the only one whose position on the well actually matters since once she marries Hamish, she gains an ownership interest in his farm.”
Wellington’s face stayed neutral. “No, I don't know what her position is.”
“I want you to assume she's against it.”
“Okay.”
“If she convinced Hamish not to sign the oil lease, it would cost Hillside Oil a lot of money, wouldn’t it?”
Stritch stood. “Objection, Your Honor. Speculation.”
“Overruled.”
I said it again so the jury wouldn’t lose it. “Not getting the lease would cost Hillside Oil a lot of money, wouldn’t it?”
Wellington shrugged. “We’d done without it for the previous four years, Mr. Shepherd. I think we would be okay.”
“Not getting the lease would cost you a lot of money, wouldn’t it?”
“I’ve been doing fine too.”
“So on the way back to your car, you passed the abandoned stairs, right?”
“I mentioned that.”
“And you didn't see any sign of Abby Ackerman?”
“I did not.”
“Mr. Wellington, I assume it is your testimony that you did not attack Abby Ackerman?”
“Of course I didn’t.”
I nodded and looked at the red square that was the Mack Farm on the easel. I stared at it until the jury did too. Then I said, “So Mr. Wellington, we’ve established that you know what the Albion-Scipio is, don't you?”
He scowled. “I do.”
“And you know how much gas it’s produced, right?”
“Right.”
“And you know how much that gas is worth?”
“I do.”
“And you made an offer to put a well on Hamish Mack’s land?”
“Yes.”
“And Abby Ackerman was against putting a well on that land?”
“So you say.”
“And you were at the back of the Quarry after the Big Luke concert?”
“I already said that.”
“And you were at the abandoned stairs between 11:30 and 12:00 p.m.?”
“We’ve said all of this.”
“I know but we’ve been talking a while. I just wanted to make sure that was all true.”
“It is.”
“I don't have any other questions for you right now. Thanks.”
Stritch stood. “Mr. Wellington, thank you for taking the time to come and speak with us today.”
“Of course.”
“You’ve been very involved in our community, haven't you?”
“Since I moved here eighteen years ago, yes, sir.”
“And you moved right here to Dellville, right?”
“Yes sir, that's right.”
“You don't live down-state or work in another state, do you?”
“No, sir, I don't. Ohio is another representative's territory.”
“I see. And you're involved in a church locally?”
“I am.”
“And the Business Association?”
“Yes, sir.”
“And I seem to remember you coaching soccer, baseball, and swimming?”
He shrugged, almost shyly. “When you have three kids, you sometimes have to step up.”
“And you’ve been working with landowners here in Ash County and the surrounding areas all that time?”
“Yes, sir. We try to be good partners. We want people to come work with us.”
“Now, Mr. Shepherd is a very talented attorney, wouldn't you say?”
“I certainly had that impression.”
“Impression. That's a very good word. He asked you some questions there that I think gave the impression that you could've been the one to attack Ms. Ackerman.”
Wellington actually looked startled. “Really?”
“Really.”
“That's ridiculous.”
“I think so, but I'm going to ask you a couple of questions anyway, okay?”
“Sure.”
“Mr. Wellington, did you attack Abby Ackerman?”
“Of course not.”
“After the concert was over, did you see Abby Ackerman?”
“I did not.”
“You said you couldn’t remember if you were the only one on the path to the back lot, but you didn’t speak to anyone on the way back, did you?”
“I did not.�
�
“So it’s fair to assume that you didn’t say anything as you passed the abandoned stairs?”
“That is fair.”
“So you never said the words ‘Albion-Scipio’ by the stairs?”
“I didn't speak so I don't see how I could've.”
“And you never said the words ‘more gas than the Albion-Scipio’ by the stairs?”
“I did not, no.”
“We were talking about impressions. Mr. Shepherd was trying to give the impression that there was so much oil and money involved in the Mack Farms deal that you might do anything to get it? Is that true?”
“No, of course not.”
“In fact, you made an offer to the Macks four years ago, didn't you?”
“I did.”
“And you didn't do anything other than call them back from time to time to see if they changed their minds, true?”
“That's absolutely true.”
“In fact, there isn't even any indication that a well on the Mack farm would be all that productive, is there?”
Wellington thought for a moment but, rather than look evasive, he looked like a man being careful to give an honest answer. “I don't know that that's exactly true, Mr. Stritch. We wouldn't enter into the deal if we didn't think it could be successful.”
“So you mentioned you ran into Archie Mack after the concert, right?”
“I did.”
“You hadn't planned on speaking with him, had you?”
“I had not.”
“But I got the impression that you were happy to talk to him if he wanted to, right?”
“That's right. But it quickly became clear that Hamish and Archie hadn't spoken and, as I mentioned, I didn't think it was appropriate for me to get in the middle of a family dispute.”
“Archie Mack was mad when he spoke to you, wasn't he?”
I stood. “Objection, Your Honor. The witness can't testify to what was in another person’s mind.”
Stritch raised a hand. “I'll rephrase, Your Honor. Archie Mack yelled at you when he saw you, didn't he?”
“He did raise his voice.”
“He grabbed you by the arm, right?”
“He did.”
“Did he do anything else like that? Push you in the chest? Bump you?”
“He got close enough that I could feel the spit when he yelled.”
“It sounds as though you were able to diffuse the situation, eventually?”
“I was.”
“You told Mr. Shepherd that you did not notice which way Archie Mack went after he spoke to you. Do you remember that?”
“I do.”
“But you do remember that he was returning from the back of the Quarry, from the area by the abandoned stairs when you went to leave, right?”
Blind Conviction (Nate Shepherd Legal Thriller Series Book 3) Page 29
