Chapter 21

"When it is dark enough, one can see stars."

~Ralph Waldo Emerson

The next day, the trial resumed and Bill was questioning Randall Pope. "Mr. Pope, do you remember receiving this telegram from Henry Gowen?" Bill showed Pope the telegram that Jack had retrieved from the trash can at the Mercantile shortly after he'd arrived in Coal Valley. Pope looked at the paper. "Yes," he answered succinctly.

"What were the safety violations that Mr. Gowen referred to?" Bill continued. Pope shifted his gaze to Bill. "After speaking with Henry Gowen, I learned that some miners had stated concerns about safety at the mine. However, I understand that no violations were ever found."

Bill's eyebrows furrowed. "Then, why did the telegram state there were safety violations?" Pope shook his head. "I don't know," he answered. Bill took a step towards him. "You didn't ask him?" Pope simply answered, "No."

Bill quickly understood just how hostile a witness Pope was going to be. He turned and walked back to his desk and picked up the file that Abigail had removed from Gowen's office. "Actually, we have a company file from Mr. Gowen's office that states corners had been cut when it came to safety at the mine. It clearly states that there were safety violations. Where you not aware of this?"

Pope showed no emotion. He shook his head. "No, I was not."

Bill pulled another paper from the file. "I wonder if you could tell me what these numbers mean." He handed Pope the journal page that Abigail had given him.

Pope studied the paper. "Well," he finally answered after a few minutes. "It appears to be a list of gas levels in the mine."

He offered the paper back to Bill, but Bill deferred taking it back. "Would you please tell us what those gas levels mean?"

Pope reluctantly looked at the paper again. "It's a listing of oxygen and methane levels." "Okay. Is there anything abnormal about those numbers?" Bill queried. "I'm not a chemist," Pope pronounced.

"But, Mr. Pope," Bill countered. "You are president of Pacific Northwest Mining Company. And you have been in charge of coal mines almost your entire life. Surely you can tell if those numbers appear to be correct or not."

Pope cleared his throat. "Well, I'm no expert, but it appears that the methane levels are higher than they should be," he said in a low voice.

"And what about the oxygen levels?" Bill asked. Pope sniffed and gave Bill a look of disdain. "Again, I'm no expert, but they appear to be a little low," he admitted,

Bill nodded. "What does that tell you? High methane levels and low oxygen levels?" Pope stared at Bill but didn't answer. Bill waited several moments. "Mr. Pope, will you answer the question?" he prompted. Pope continued to stare at him before answering in a barely audible voice. "As I said, I'm not an expert."

"But you own coal mines. What does that tell you as a coal mine owner?" Bill restated his question. Pope met Bill's gaze and did not answer. "Judge?" Bill turned to Judge Black.

"Mr. Avery, I believe every man and woman in this room is well aware of what that means. You're beating that dead horse again. Move on," Judge Black ordered.

Bill pursed his lips and anger flashed in his eyes for a moment. He turned back to the table and caught a glimpse of Abigail. She was watching him and she flashed him an encouraging look.

"Mr. Pope," he continued as he turned back to face him. "Did Mr. Gowen tell you what he'd done to avoid negligence? He reported in the telegram that he had made sure the mine company didn't bear responsibility in the explosion. Did he say how he handled the matter?"

Pope answered immediately this time. "No, he did not."

"You didn't want to know what he'd done?" Bill asked, a bit incredulous. "Mr. Avery, I own several mines. I trust my mine managers to handle day-to-day operations," Pope replied.

Bill nodded. "I see... hmmm... I see," he said as he slowly paced in front of his table. He stopped abruptly and turned to Pope. "So, you're saying that Mr. Gowen managed the mine well? Even though an explosion killed 46 men?"

Pope was taken back by the question. After a long pause, he finally responded. "Losing those men was certainly a horrible tragedy. But we are in the coal mine business and coal mines are fraught with dangers."

"Mr. Pope, are you aware that our constable witnessed Mr. Gowen and Pinkerton Richardson burning papers?" Bill asked. Pope's head snapped up to meet Bill's gaze momentarily before he glanced over to Gowen.

"Were you aware that he was burning company documents?" Avery asked again.

Pope stared at Gowen, who quickly looked away, carefully considering his words before answering. "I wasn't aware of that particular incident, no. But, from time to time, older documents may need to be destroyed."

Bill frowned, as he's hoped to catch Pope off guard and confuse him, but he wasn't even raising a hair on the man. He then walked toward Pope. "You said no violations were found. Did the company conduct an investigation into the allegations the miners made about safety violations?"

Pope glared at Bill. "I believe Mr. Gowen checked on those allegations. He said he had some concerns about the mine foreman, Stanton."

Abigail stiffened, startled at the mention of her late husband's name. Others in the courtroom whispered. Judge Black scowled at the whisperers and they hushed immediately.

"What?" Bill asked, surprised. He was expecting Gowen to make the allegation, not Pope.

"Gowen said that he'd learned that Stanton had trouble at the previous mine he'd worked at," Pope reported. "He said that it seemed Stanton didn't follow all the safety regulations at that previous mine and was fired."

"Do you or Mr. Gowen have proof of those allegations?" Bill asked, tersely. Pope looked over at Gowen, who shook his head slightly. "Ummm... not at the moment," Pope conceded.

Bill, his back to the judge and Pope, was looking at papers on his table. He looked up for a moment and caught Abigail's gaze. He tried to convey to her his intentions. Understanding that he was seeking her permission, she nodded and Bill flashed her a brief smile. He then turned around and held up a file. "Your honor, I'd like to enter this as evidence. It's Noah Stanton's employment file from his previous employer, Superior Mine."

Pope's eyes flared and he looked to Gowen, who was scowling, not hiding that he was furious. He turned to Gentry and whispered to him, conveying his displeasure at this turn of events. Gentry's face tightened as he bore the brunt of Gowen's anger, again.

"Bring it here, Avery," Judge Black ordered. Bill gladly brought the file to the judge. "Your honor, you'll see in that file that Noah Stanton was indeed fired by the supervisor of Superior Mine."

Again, whispers and murmurs rippled through the court audience. Judge Black just had to look up this time and they quieted. He, then, turned back to reading the file. After a minute or so, he said, "But this file states that he was reinstated. Reinstated the same day, no less!"

Bill smiled. "Yes, your honor. If you read further, you'll see that he was fired by the mine boss but then rehired by the mine owner. The mine boss was fired by the owner that same day."

"Noah Stanton is NOT on trial here," Bill observed, looking squarely at Gowen. "But, in light of Mr. Pope casting aspersions on Mr. Stanton's reputation, this file clearly shows that he did not commit any safety violations while he was employed at Superior Mine." He looked back at Abigail, who flashed him a grateful smile.

"Your honor," Gentry called, "I object to the admission of this file. I find it highly suspect that Inspector Avery would just happen to have this file. How can we verify its authenticity?"

Judge Black held up a couple of sheets of paper. "Well, the papers do have the Superior Mine Company letterhead. And there's the letter that Inspector Avery mailed to the company to get these records. I think authenticity has been verified."

He then turned to Bill. "Okay, you made your point, Avery. Move on."

Bill nodded, pleased. "Yes, your honor," he agreed as he went back to his earlier line of questions. "Mr. Pope, the mining company didn't send anyone from headquarters to investigate? Even after so many men died?"

Pope answered through clenched teeth, "As I said, Mr. Gowen conducted that investigation."

Bill shook his head. "No, I'm asking why you didn't order someone from your company headquarters to investigate a tragedy of this magnitude?"

Pope gave Bill a searing look. "I trust Mr. Gowen to handle all matters related to this mine."

Bill nodded. "Yes," he said as he walked back to his table. "That has certainly worked well so far."

"Objection!" Gentry called, leaping to his feet.

"I take it back. Withdrawn," Bill quickly said as he sat down. "No further questions."

"Okay. Any questions for Mr. Pope here, Mr. Gentry?" Judge Black asked. Gentry looked at Pope. Pope almost imperceptibly shook his head. Gentry turned back to the judge. "No, your honor."

Judge Black shook his head. "Mr. Gentry, you are a lawyer unlike any lawyer I've ever run into!"

"Your honor? How's that?" Gentry asked, confused.

"Most lawyers I know love to hear themselves talk. You, sir, don't seem to want to talk much at all," Judge Black responded dryly.

Gentry frowned and sat down.