Chapter 10 – Matt Dillon Has His Say
When the trial took up again, Mr. Brooker had little to offer in his client's defense other than a number of character witnesses to bolster the assessments made by the prosecution witnesses he'd cross-examined. To that end he called Harry Bodkin, the banker, Judge Brooking and a number of other prominent citizens living in and around Dodge City that didn't happen to be serving on the jury. Then he turned to those closest to his client beginning with Frank Reardon.
"Matt Dillon and I have known each other since we served as deputy to the same man when we weren't much more than kids. Our paths crossed over and over as we learned to be good lawmen. We grew closer because we share the same view about the killers and spoilers making things even rougher on the decent folks trying to build something here on the frontier so that I now think on him as my best friend. He's the most honest and dedicated lawman I know and proud of his stint in the army during the war. That's why it was such a shock when Chester arrived in Hays and told me Matt was wanted for stealing $10,000 worth of army money from the Dodge City bound stage. Course, he did just what I expected when Doc brought him back to town. He willingly accepted that he was in my custody even though I allowed him to remain with Kitty, that's Miss Russell, instead of locking him up in his own jail. I don't care what the circumstantial evidence shows, Matt Dillon is incapable of the crime he's accused of!"
"I been workin' for Mr. Dillon for more than six years now and I don't know a finer man," Chester Goode testified when it was his turn. He wouldn't steal nothin'; it's just not in him. I don't care what them soldiers or anyone else say. He's always stood by me and I'm sure gonna stand by him the best I know how. I'll find a way to show who really took the money and get it back to the army so's I can clear his name. It's the least I can do for the finest man I know."
Doctor Galen Adams was the final defense witness before the accused took the stand in his own defense. Like Chester, he told of Matt leaving town to learn what happened to the stage in the freak storm and one of its passengers in particular and then of his telegrams to Chester and himself.
"Despite his personal concerns for Miss Russell, our marshal isn't one to forget his duty. She could tell you that even from the little memory of events she's been able to regain so far. If he thought it required him to personally bring the treasure box to Lieutenant McClendon immediately, he would have and then rushed back to Kitty's side, but he didn't. Like his wire to Chester said, he'd get the box to the army as soon as possible."
"Doctor, you talk as if you've known Miss Russell and my client a long time and are very close to them. Would you elaborate on that?"
"I've know Kitty Russell for nearly seven years now, ever since she first came to Dodge. She's a most remarkable young woman and I'm happy to say she thinks enough of me to come to me for more than just medical advice. Since she's not the one on trial here, I'll concern myself with Matt Dillon. I first came to know him when he was hardly more than a child, a newly orphaned 14-year-old boy fresh off a Missouri farm and thirsting to make his way in the world. Even then he had a keen sense of justice and a willingness to fight for what's right regardless of any danger it might pose for him. He took it upon himself to defend a new friend who'd been taken advantage of. The result was a beating so severe that it would have killed most grown men, but Matt recovered. I began to get a sense of the man he would become as we talked during his recovery. As soon as he could stand on his feet for more than a few minutes, he was off to prove himself in Texas and the Arizona territories. I didn't see him again until he returned to Dodge as the US Marshal for Kansas, the youngest marshal ever appointed."
"Doctor, did you notice any change in the man who you'd last seen as a boy? Who was this man?"
"Matt had a wild streak in him as a boy, partially because he was on his own and partially because like any boy he wanted excitement. He was also determined to prove that beating a fluke. The man still had a temper that could be roused, but had a new dedication to bringing the law to the frontier. He can be stubborn about doing things his way and, although he'll discuss things with me, he doesn't always take my advice even in medical matters. If his duty says he has to go after some outlaw that's what he'll do even if he hasn't given his body time to heal. He's stubborn about many things. He was born with an honest streak and cares more about his duty than he ever will about money. He can't be corrupted, although many have tried, and he can't be persuaded to change his mind about what might interfere with that duty even if it's only in his own mind, like believing being a dedicated lawman doesn't allow for a family life."
Doc finished painting Matt Dillon as a man dedicated to his job whose flaws were to stubbornly follow his own path, maybe be a bit rough at times, especially with those who used violence against those weaker than themselves. Dishonesty or dereliction of duty weren't among them. Before he could step down, Mr. Williams stood to ask him some questions.
"Doctor Adams, none of us doubt that Mr. Dillon is a remarkable young man, who, for the most part, is dedicated to his profession. However, you have indicated that his emotions may sometimes cloud his judgment when it comes to abuse of the weak. Is this even more true when it comes to injury to those close to him, like say Miss Russell? Just how close are they?"
"Yes, Mr. Attorney General, Matt may let his emotions momentarily get the better of him when harm has come to those few he cares deeply about, but his sworn duty as a lawman is never entirely forgotten. He has very few close friends and Miss Russell is his closest friend despite Mr. Reardon being his best friend. I know there are things he'll admit to Kitty that he'd never reveal to Frank."
"Thank you, Doctor. Given his depth of feeling for Miss Russell and her medical condition would it be possible in your opinion that he might, given the opportunity to lay his hands on a substantial sum of money, take advantage of that opportunity so he could put that money to use in her behalf by providing a means for her to be treated by a specialist rather than a cow town doctor?"
"Even if some specialist in New York or Boston or even over in Europe could help Kitty regain her memory, Matt wouldn't steal to get the money for her treatment. He'd give her all the money he had to supplement her own and whatever additional money her other friends could give but in this case there is no treatment except time. When I mentioned his emotion coming forth, I meant losing his temper and using more force than necessary against the person responsible for hurting the person he cares about not going against his basic character."
"Be that as it may, you say there might be a set of circumstances under which emotion would predominate over his sense of duty at least for a time. Am I correct?"
"Yes, yes, you're correct, but it would have to be a very drastic set of circumstances, not amnesia. Even then, I believe he'd stop short of betraying his basic beliefs given enough time."
"I believe you've shown the jury that at least theoretically Mr. Dillon might act irrationally if provoked enough. The witness may step down."
Doc glanced at Matt as he passed him and mumbled to himself while taking his seat next to Kitty. How could he have let himself be trapped into casting doubt on Matt's ability to control his emotions? The jury still hadn't heard Matt's version of events. He only hoped what he had to say gave them just enough doubt to force them to acquit.
Caleb Brooker called his final witness – his client, Matt Dillon. Matt stood and walked slowly to the chair designated for witnesses as if it pained him and was duly sworn in. Brooker then asked him to relate the sequence of events that led to his present predicament.
"Kitty sent a wire that she was on her way home but when I awoke to a blizzard I grew worried something might happen to the stage and her. I'd been informed of the large sum for Fort Dodge was to be on the stage but doubted, given the weather, anyone would try to steal it. My wires to every stop along the route confirmed it never to Spearville so I rode for there even before the stage would normally have arrived knowing the snow would slow me down and time was crucial to finding anyone alive. From Spearville I rode to the Walling Relay Station where I learned the fate of the stage from Larned and the people it was carrying. Kitty, Miss Russell, was the only survivor and that was due entirely to the efforts of the Wallings. Josh Walling rode into Spearville with my two telegrams. He also informed the folks at the depot about what happened, including finding the money. I didn't know all that until the boy said his piece earlier. I reckoned I'd fulfilled my duty in my wire to Chester so he could tell the army and by keeping the key after locking the money back in the box so nobody could get into the treasure box without shooting off the lock. From then until McClendon arrested me I focused on Doc doing whatever he could for Kitty. Once Kitty could travel Doc brought her home and I went to Fort Dodge to sit in the stockade until Colonel Parker turned me over to Doc so he could take me back to town for Frank Reardon, my temporary replacement, to take me into formal custody until my trial here is over."
"Matt, and I call you that because after spending time with you to learn how best to present your defense the more formal Mr. Dillon seems misplaced, the jury needs to hear a bit more of the detail of your incarceration until Doctor Adams brought you home. I'd like for you to describe your treatment at the hands of Lieutenant McClendon and his assistants since they neglected to do so while they were giving testimony. Please continue with the time between your arrest and arriving at Fort Dodge in as much detail as you can recall."
"As soon as I turned over my badge and gun they placed irons on my wrists and ankles. While everyone was awake one of them remained in the room with me and Kitty although he did, for the most part, stay far enough away so she and I could talk privately. I reckon he hoped to catch me during those times when he closed in revealing just where I'm supposed to have hidden the money. It didn't work because I never took it, but I'm afraid they all learned things about her they had no right to as she regained her memory in flashes. Other than that, they escorted me out so I could see to my needs and brought a tray of bread and water once. That was sundown on the night before we left to head back to Dodge. I was chained hand and foot in the wagon so that I couldn't even shift position. They only removed the leg irons long enough for me to mount my horse for the ride to the fort. By that time I was quite stiff, and that's a fact."
"What happened when you arrived at the Fort? Please include what initially occurred in your cell."
"As soon as we arrived at the Fort the leg irons were put back on. While McClendon went to report their return, his two aides each took an arm and force marched me to the stockade where they shoved me into the cell and locked the door. I remained there alone until the two aides returned. I don't know how long it was, maybe an hour. While the private held a gun on me, the sergeant ordered me to stand after he unlocked the cuffs. My arms were stiff from the limited movement allowed so I couldn't put up much resistance when he moved behind me and pulled my arms back so he could lock the cuffs again. Besides, I knew if I tried anything I'd be shot for trying to escape. Then he tied a rope to the bar between the cuffs and holding on to it stood on the stool in the cell to reach a ring just under the high window and thread the other end of the rope through it. He then repeatedly pulled on the rope pulling my arms into an unnatural position. I thought my arms would be torn off, but that wasn't enough for them. The private beat me about the body at the same time while they kept at me to fess up to my crime and reveal the location of the money. The pain got so bad, particularly after an especially hard blow to my privates, that when the sergeant let go of the rope for maybe the tenth time, I collapsed to the floor. Then they both kicked me everywhere but my face until I passed out."
"Matt, I hate to make you relive this again, but the jury needs to hear what happened. Were you taken immediately to see the colonel when you came to?"
"I was alone when I came to. By ignoring the pain and crawling to the table I was able to pull myself into a sitting position on the stool next to the table by using my hands that were again cuffed in front of me before collapsing again from exhaustion. I don't know how long I sat there with my head resting on the table before McClendon came to take me to see Colonel Parker. He ordered me to grab my hat from the floor by the cot, which wasn't easy considering I was chained hand and foot and suffered from the results of a severe beating. I must not have moved quickly enough because he slapped me hard across the face before he had me pick up the lantern he'd brought so I could carry it back to the storeroom before putting it away. Another rapid march with a gun barrel shoved into the small of my back brought me and McClendon to Colonel Parker's office and ordered me to open the door."
"Thank you for filling in the details that Lieutenant McClendon and the two soldiers assigned to him failed to disclose during their testimony. Do you wish to add anything to the picture painted by Colonel Parker as to what occurred in his office or that of Sergeant Sommers as you left the fort?"
"Not much, only that the refreshment the colonel offered was the first water I'd had in nearly 24 hours and being able to sit without being hampered by shackles was like lying in the softest feather bed instead of a simple wooden chair. Like Sommers I was surprised to see Doc there and that I was to be allowed to go home. I wasn't sure that was true even after Colonel Parker gave Summers his orders until he handed Doc my gun and badge and we climbed up into Doc's buggy with my horse tied behind."
Matt's testimony continued with Doc observing how severe his injuries were from the beating and insisting that he have as much water as he wished on their trip home. He described Doc formally turning him over to Frank Reardon's custody and then treating his injuries, including a couple of broken ribs in the room in the Long Branch where he was confined except when he was with Kitty in the next room. He also made sure he finally got a solid meal into him. When Attorney General Williams challenged the veracity of some of Matt's testimony, Brooker recalled Doc so he could corroborate the extent of his client's injuries and how he, in the doctor's opinion, came by them.
All that remained was the finally summing up for the jury. Williams stressed that the defendant was a stubborn man with a reputation for stoicism under duress, which kept him from admitting the theft, let alone revealing what he'd done with the money or planned to use it for, but his emotional ties to Miss Russell were something the jury should think about. Brooker reiterated that the evidence was entirely circumstantial and flew in the face of his client's reputation as an honest man devoted to the law and respected by civilian and military alike. Judge Kendall reminded the jury of their duty to weigh the circumstantial, yet highly convincing evidence, against the defendant's reputation for honesty and devotion to the law. He added that due to the injuries to Miss Russell and her continued amnesia he was under much more pressure than he would be under ordinary circumstances. It was up to them to decide if there was reasonable doubt as to his guilt. Court was adjourned while the jury began its deliberations.