Chapter 7
Jarrod was so tired after going to town and trying to get Nick cleared of any involvement in Follet's death that he fell asleep quickly after getting back to bed. But sleep brought dreams – dreams of being unable to help Nick, dreams of them taking his brother to the gallows, dreams that stopped just short of watching Nick hang. Jarrod jerked awake, saw he was in his own room and just dreaming. With a moan and a curse to himself, he sat up and pulled pillows up behind him.
There had been other times when Jarrod despaired of getting Nick out of trouble after he'd been in a fight. Nick was just that kind of man, coming out swinging instead of talking, and attracting characters who liked to act the same way. Jarrod wondered again how he and Nick could have become such different men, how he had managed to curb his angrier instincts all these years when Nick could not. Every now and then he thought with a cold chill that he could have become just like Nick, quick to fight and in trouble a lot. He shook his head at the thought. Maybe he was the more calm and deliberate brother because the Good Lord knew he had to be.
There was a knock on the door. "Come in," Jarrod said.
It was Audra, carrying his dinner. "I hope I didn't wake you," she said.
"No," Jarrod said. "Is it time for dinner already?"
"Past time," Audra said. "The rest of us already ate." She picked up the papers Jarrod had spread over the bed and set the tray down on his lap.
"I gotta get out of this bed," Jarrod said. "When does Dr. Merar come again?"
"Three more days," Audra said.
"I'll see him tomorrow at the inquest and talk to him about letting me out and about more often."
Audra sat down in a chair next to the bed. Jarrod saw right away she was troubled and it was obvious why. "I'm worried about Nick, Jarrod."
"So am I," Jarrod said. "But we'll do everything we can to get him out of this."
"What if he is responsible for Jack Follet's death?" Audra asked, her voice shaking. "What if Follet did just pass out and hit his head after the fight?"
Jarrod frowned. "I don't know, Audra. But I don't know how anybody will ever prove that, either, unless somebody comes forward and says they saw it happen."
"If somebody saw something like that happen, then they left Follet to die."
Jarrod nodded. "And that's my argument if somebody says they saw it. Try not to worry, Honey. The prosecution has a harder job than we have on this."
"It's hard not to worry," Audra said. "I mean – even if Nick is responsible and he doesn't hang, he'd go to prison, and I can't even imagine – " She stopped, crying.
Jarrod took her hand. "Trust me, Audra. I'll do everything I possible can."
"And wreck your ankle - and wreck yourself if you lose Nick's case."
Jarrod was hoping that no one had thought of those things happening, but he knew they should have. He squeezed Audra's hand. "I don't plan to lose it, Audra," he said. "Now, you put it out of your mind for now. Go on downstairs and try to relax a bit. I'll be fine here on my own."
Audra leaned over and kissed him on the cheek. Then she smiled and left the room.
But Jarrod knew she wouldn't put it out of her mind. She had adored Nick since the day she could adore anyone. Of course she was worried, and of course she wouldn't stop being worried.
Jarrod suddenly had no appetite.
XXXXXXX
It was another struggle to get Jarrod in and out of the buggy the next afternoon to go to town. They took two buggies – Heath and Jarrod in one, Victoria driving Audra in the other. They saw the sheriff already taking Nick inside when they reached the courthouse. As they went into the conference room where the inquest jury had already gathered, they each gave Nick a reassuring smile. He was happy to see them – and extremely pissed off they had to be there. But he reined his anger in. He knew he couldn't treat this hearing like he might treat some other proceeding that wasn't against him. His lawyer big brother had lectured him often enough, and he'd heard Jarrod lecture other defendants often enough, to know he had to sit down and be quiet and suffer his emotions alone.
Of course, he wasn't a defendant here, not yet anyway. He didn't have shackles on, and he was not sitting anywhere except in the group of chairs reserved for everyone who was not on the jury. Sheriff Madden had already put himself standing at the back of the room. He didn't want to be seen with anyone in particular. He didn't want to prejudice this jury.
It started matter of factly. Dr. Merar, as medical examiner, explained the basics – that Jack Follet had been found dead behind Harry's saloon with a fatal head injury. Then Phil Archer began his presentation.
"Certain facts are not in dispute," Archer said.
Jarrod immediately said, "Let's not get into what's disputed and not disputed just yet, Mr. Prosecutor."
Archer nodded, but did not withdraw his comment. "The deceased was found dead 20 minutes after being involved in a fight in Harry's saloon with Nick Barkley." He motioned toward Nick. "Now, I concede that at this point, there is no evidence that the deceased left that saloon with any head injury, but there is no evidence except the head injury to explain how he died. Anything either I or Mr. Barkley would say to you on that subject is speculation. Mr. Barkley will tell you that someone else – some unknown person – struck the deceased and killed him after he left the saloon. I would say that it's just as likely that the deceased was injured enough in that fight that he went into that alley, fell and hit his head because of his injuries from the fight. What I do say to you is this – that the only real evidence we have is that Nick Barkley is the last person known to have anything to do with the deceased that injured him. That being so, Nick Barkley must accept the responsibility for anything that happened to the deceased because of injuries he received in the fight in the saloon. There is no evidence – no evidence at all – that anyone else injured the deceased in any way."
Archer went on arguing, finally concluding that anything that happened to Follet after he left the saloon was Nick's responsibility. Nick sat there, boiling, trying not to let it show, trying not to let anyone know that he wanted to take Archer out into the street and have at him right now. When he felt himself weakening, he looked toward his family, especially Jarrod. They all wore poker faces, so he kept his on, too.
It finally came to Jarrod's turn to speak. He apologized for remaining seated, but Dr. Merar had forbidden him to stand because of his broken ankle. "And if I don't listen to the doctor, he'll have me in bed for another month," Jarrod said, and some chuckles came from men who had been on the receiving end of Dr. Merar's firm advice themselves. Jarrod went on. "Mr. Archer has pointed out to you that there is no evidence whatsoever that the deceased left the bar after the fight with a head injury, and he's right. What he's not right about is leaping to the conclusion that the fight in the saloon must have resulted in the deceased's injuries simply because there is no evidence of how they occurred. Gentlemen, that is not enough to conclude that the deceased injuries are a result of the fight. Moreover, the saloon owner is here and will testify that the deceased started that fight in the saloon when he threw a punch at Mr. Barkley that he did not land. All the evidence we have will show that the deceased was responsible for the fight in which he was injured, that he left the saloon under his own power, and that's all the evidence will show."
Jarrod went on, concluding that the only decisions the jury could reach was that the deceased death was caused by person or persons unknown, or by causes unknown. Harry was the first witness called, and he testified as Jarrod said he would. Then Archer asked him a question.
"Why did the deceased throw a punch at Nick Barkley?"
Harry spoke honestly. "Nick Barkley was trying to leave the bar and the deceased blocked his way. Nick asked him to move, and he wouldn't move. Nick pushed him to the side slightly, and the deceased started swinging."
"Nick Barkley pushed the deceased to the side?" Archer asked, emphasizing the word "pushed."
"Only slightly," Harry said
"But he pushed him."
"Yes," Harry conceded.
"The deceased did not touch Nick Barkley until Nick Barkley pushed him."
"It wasn't really a push."
"You said it was a push. That was your word, 'push'."
"But it was more like he was just nudging him, moving him aside."
"But Nick Barkley touched the deceased before the deceased touched him."
"Yes," Harry admitted.
When it was Jarrod's turn, he asked Harry, "Did Nick Barkley start that fight?"
Archer objected, but Dr. Merar let Harry answer. "No. The deceased was belligerent and in Nick's way. Nick didn't hit him, just tried to move him aside."
The sheriff testified, and the only evidence that came out of his testimony was that he had searched the alley after Follet was found, and he could find no evidence in that alley that would connect to Follet's head injury. No axe handle, but nothing Follet would have fallen and hit his head on, either. Archer argued that the lack of evidence meant that Follet had to have received his head injury in the bar fight. Jarrod argued that the only evidence on that point was that he did not receive the head injury in the bar fight. Then he looked every one of the jurors in the eye, one by one, and argued that since there was no evidence of what he might have hit his head on in the alley, that indicated that whatever had hit him had been removed, and someone removed it.
That was about the end of it. Everyone left the room, and the Barkleys waited in the hall with Nick and the sheriff, while Archer went back to his office. Nick would have paced, but he didn't want to be caught doing anything other than sitting beside his mother quietly, for which Jarrod was grateful. Jarrod was exhausted, far more than he thought he ought to be, but then Heath reminded him this was only his second day out in the world. He shouldn't have expected to feel his usual strong self.
But Victoria could see that her oldest son was worried, and she was worried too. Nick kept squeezing her hand, smiling a little to try to calm her down, but she knew Nick was scared too. Put aside what might happen to him if he was found responsible for Follet's death. Just being responsible for it would weigh on Nick so much it might drag him into the ground.
The jury came back with a finding of death caused by person or persons unknown. Jarrod only half liked that – it was better than a finding that Nick caused it - but Archer liked it less. He had to tell the sheriff to let Nick go.
The family was happy, thinking this was all over now, but Jarrod saw the look in Archer's eyes. A finding of "death caused by person or persons unknown" meant that Archer could keep investigating and trying to pin Follet's death on Nick. Jarrod didn't say anything to anyone about that though, not now. He'd have to warn them about it, but not here. Later, at home, he'd have to throw them all back into worrying.
