Chapter 37

Over the next few days, Heath worked to get the preliminary organization of the horse operation in place. He surprised himself at how easily he did so. Maybe he knew more about what he was doing than even he had suspected. Nick, for his part, was not surprised with the progress the young blond was making.

Still not sure why, he nonetheless had no doubts about the man … no second guesses about his decision to put Heath in charge of the horses. And, of that he was glad. He had more than enough other things on which to focus his worry.

Jarrod was back in San Francisco. He'd travelled there in the private car … complete with the protective entourage Nick had provided. Having made arrangements in advance, he replaced them, on arrival, with an equally capable group who more readily would blend into the city environment. He sent Nick's men back on the return train.

Maureen had been doing her job during his absence, and he was more than pleased with the results. John Markle, and his assistants, had located one key missing witness, and had assisted another with his previous memory lapse. The key person Sawyer had mentioned was yet to be found.

Jarrod was beginning to suspect he may have been assisted in disappearing … in a permanent manner. Then he remembered that this was a civil proceeding, not a criminal one. The missing man would have been helpful … he wasn't crucial. Not if Jarrod Barkley dealt his cards correctly … and Heath Thomson played them smartly.

Concluding that he had all he could hope for, at least for now, he decided it was time to head to Greenley's hometown and file his action. He would send a telegram to Nick before he left. A telegram that would say little to anyone else, and give his family all the information they needed.

It would be time to tighten security to the maximum and let Mr. Thomson know it was starting. His presence would be needed … later. Jarrod would let him know when.

He would take the rail car to Sacramento. It was as close as he could get by train … a stage would suffice from there. He figured the more public the transport, the greater his safety. No need to make his protectors' job any more difficult than necessary.

As the stage pulled into the town, Jarrod was aware of how similar to Stockton the place appeared. It was obviously a thriving … and growing … community. Bustling with activity. He'd reserved a room in one of the better hotels … not the best. He didn't want to find himself accommodated by the same place as Nathan Springer. In truth, he expected Springer would feel the same … if not when the trial started, certainly as it progressed.

While he intended to call Frank Sawyer as a witness, he expected the man would want to be there for the entire trial … or at least that part that demanded Heath's presence. He suspected neither man would feel comfortable in the hotel he had chosen … nor would the men who would be sent along, by Nick, as protection.

Having given it considerable thought, and voiced his concerns to Maureen, he'd followed her suggestion. She would make arrangements to rent a small house which would readily accommodate Frank and Heath as well as whomever accompanied them. A building easily secured and just as easily defended … if the need arose.

If either of the men disagreed when the time came, other arrangements could be made. It was the best he could do. As he settled into his room that evening, his thoughts turned to the next day. He planned to check out the rental in the morning before heading for the court house. Once he'd filed his action all he could do was wait.

He'd instructed the depot manager in Sacramento to return the rail car to Stockton. While often it could take several weeks, or longer, for a civil action to get onto the court docket, he suspected, in this instance, that would not be the case. Although he still had no insight into Greenley's motivation in acquiring the properties … the lengths to which the man went to acquire same suggested having them was extremely important.

He suspected Greenley would want any claim against his right to them quashed as quickly as possible. He knew Springer would leap at an opportunity to face … and defeat … him, in any type of case. His colleague just couldn't seem to accept that Jarrod posed no threat to the man's political aspirations.

The descriptions, and concomitant expectations about the house, proved correct … as did Jarrod's instincts in regards to the speed at which the trial would be scheduled. Consequently he found himself, a few days later, standing before a Judge Stuart Brackenbury. As also expected, Nathan Springer stood there too. He was requesting the matter be summarily dismissed … suggesting the claim was spurious.

Jarrod was neither surprised nor unprepared. He indicated he had witnesses who would attest to the claims his client was making, and he had tangible evidence that would support that testimony. He suggested it would be a gross miscarriage of justice for his client to be refused an opportunity to make his case … especially in view of the fact that Mr. Ucroft's murderer had yet to be brought to justice.

He deliberately refrained from suggesting the murderer had not been identified. Springer did not miss that fact, and strengthened his entreaty to the judge to dismiss. He pointed out that Mr. Greenley had already been accused of murder by the claimant … been accused and exonerated … and this further claim constituted harassment.

Judge Brackenbury was not convinced. He reminded Mr. Springer that decisions in criminal matters do not inform decisions in civil matters. Mr. Barkley appeared to have sufficient cause to justify the court's involvement.

Greenley would have full opportunity to disprove whatever evidence the claimant brought forth … but he would have to do so according to the rules of law. The trial would go forth. At Springer's insistence, the earliest possible date was set … court would convene in two days.

Jarrod was somewhat surprised that the defense would not want a couple of weeks to prepare … only somewhat. He suspected Greenley, and therefore, Springer, may have anticipated this eventuality. Anticipated it and been prepared.

It added to his unease in regards to the previous attempts on Heath's life … if that is what they had been. He didn't want to think Nathan would condone such actions … and he, in all truth, couldn't deny the possibility.

Jarrod had been truthful when he told Nick he intended to have Heath testify as late in the proceedings as possible. While he had suggested to his brother that decision rested with his desire to keep his client, for as long as possible, in the safest environment as possible, it was not his only reason.

He considered the decision to be sound legally … he could prime the jury for that testimony by laying a foundation that would support it. A foundation of solid evidence outlining a pattern of events that would support the allegation that the only person who would desire Ucroft's death was Merton Greenley.

In developing his case plan the astute attorney had reminded himself that there had been more than enough evidence in the previous case to obtain a conviction … if all that evidence had been presented … been available to present. While John Markle and his team had yet to uncover that one missing witness, Jarrod contented himself with the knowledge that particular individual had been far more crucial in the criminal proceedings than he would be in the case at hand.

He believed that a crucial piece of this case would be the composition of the jury. He had no doubt that Springer would devise a means to expose Heath's illegitimate status and attempt to discredit his testimony by doing so.

It was yet another reason that he sought to prime the jury prior to Heath testifying. He was counting on people like Sawyer and Ucroft's attorney and his housekeeper to present the picture of a proper young man … a man who was polite, respectful and trustworthy

Furthermore, he had been gratified to learn that Markle's people had uncovered a new witness, a man who would provide information from Heath's past. He would hold him in reserve, knowing Heath Thomson would not appreciate having that part of his past exposed, and hoping he would be successful in having his client present the information himself … very specific information … of his time in Carterson. If the young blond wouldn't … or couldn't … deliver … well … Jarrod had a backup.

The jury selection had been as slow and deliberate as anticipated, and while Jarrod knew he had tried the patience of Nathan Springer … and suspected he'd done likewise with Judge Brackenbury … he'd held firm on his original plan. He had no illusions of getting nothing but people he wanted … his efforts were directed at avoiding being encumbered with anyone he did not want.

Two days later, he felt he had been successful, and then the real work began. His first witness was Clifton Ucroft's attorney, Michael Darcy. The preliminaries disposed of, Jarrod moved quickly to the salient information. "Mr. Darcy, I understand that you were not available to testify at Merton Greenley's trial for the murder of your client."

As expected, Springer immediately objected … successfully … and Jarrod did not care. While the jury could be instructed to disregard the question, once heard it could not be unheard. Any who had not previously known, would now be cognizant of the fact the man had been charged in the death of Heath's boss … and friend.

He continued, having Darcy explain that he had seen Ucroft in his office the day before his murder, to prepare a new will. Furthermore, he had set, at that time, an appointment, for two days hence, in which he was to come in and sign that document.

He confirmed that the will bequeathed his entire holdings to Heath Thomson, and he believed nothing short of death would have kept his client from signing it. He further attested that Mr. Ucroft, without fail, had issued a payment each month to the local bank … and that there existed nowhere in his files any paperwork indicating there was a new payee.

Springer focused his cross-examination on having the witness confirm that the will could not be probated without the signature, and his attestation that the signing would have gone ahead, in fact, was conjecture only.

Jarrod called his next witness, and watched closely for Greenley's reaction when Jeff Ralston came forward. As expected, the surprise was evident … and the concern. The counselor took a moment to give thanks for the abilities of John Markle.

Ralston reported that he was the manager of a mid-sized bank in St. Louis, and had been so for nearly two years.

"How did you come to obtain that position?" Ralston did not answer. "I remind you, Sir, you are under oath."

Jarrod understood the man was afraid … he suspected he had reason to be so. He would do everything within his power to protect him … except excuse him from testifying.

The man looked at him, his pleading open and sincere. Jarrod merely urged him to answer the question.

"Mr. Greenley arranged it…. It was a significant step up from managing the bank here."

Once the latter was voiced, he realized it did not help his situation.

"And what would prompt Mr. Greenley to do such a thing?"

The witness felt the penetration of the deep blue glare.

"I don't believe I ever asked him."

"I remind you, Mr. Ralston, that you are under oath. I remind you also, that you have been shown the documents which clearly establish how you came to receive that offer. Now … I ask again … why did Mr. Greenley arrange your new appointment?"

The witness licked his lips … once … once again … a third time, before accepting defeat. He did not know where Greenley got his power … his money and his power … but he knew he had it. And he suspected his testimony would contribute to his own imminent death … Barkley's and Markle's assurances to the contrary … and there was no escape. He spoke.

"Mr. Greenley arranged to purchase some loans the bank had made … loans which were granted with real property as collateral. One such loan had been made to Mr. Ucroft."

He stopped, hoping against hope that he would not have to continue … and expecting the futility.

"And?" Jarrod prompted.

"He insisted that the bank not notify Mr. Ucroft of the change … and that the bank continue to accept and record the payments as if they were being made to the bank. The transfers to Mr. Greenley's account were to show no trail to Ucroft's payments."

"And why the ruse?"

Those eyes were drilling him again. "I don't know, Mr. Barkley. I swear I don't know." Maybe that would be enough….

It was not to be.

"And why the move?"

"Mr. Greenely came in one day and advised me that he intended to call in that loan, and he thought it would be best if I were not accessible when that happened. He told me he had obtained a position for me elsewhere, and I, and key members of my staff, would be moving on. Anyone who chose not to go would be relieved of their position.

"His tone suggested it would be in everyone's best interest to accept the offer. He also said I was not to discuss the matter, including where I was going, with anyone … then, or in the future. That's all I know. I was packed and gone within the week."

"I presume you were well aware of Mr. Ucroft's financial position?"

Ralston nodded and was reminded to issue a verbal reply, which he did.

"And what was your understanding of what would happen if the loan were called … especially on short notice?"

Ralston took a deep breath and released it with force.

"He would default and the collateral … the property … would transfer to Mr. Greenley."

Jarrod turned and faced the jury, let his gaze sweep over each one, as he issued his final question.

"So, am I to understand that you assisted Mr. Greenley in creating an arrangement by which he would be able to acquire Mr. Ucroft's ranch property, without Mr. Ucroft's awareness of the possibility? The same property for which Mr. Ucroft had repeatedly received, from Mr. Greenly, offers to purchase … and repeatedly rejected.

"That Mr. Greenley arranged for yourself, and any members of your staff who might be privy to that information, to be relocated to places unknown? Furthermore, he suggested dire consequences should any of you fail to cooperate?"

He watched the jury, noted the looks of wonder … and disgust … as their former bank manager replied. "Yes sir. That is correct."

He waited, giving the jury time to fully integrate the information, and appreciate all it could mean, before turning back to the witness. "Thank you Mr. Ralston. I have no further questions."

Springer did his best, and quite masterfully, suggesting that if Ralston were guilty of what he described, then the jury must consider whether he was the sort of person worthy of being believed in this moment.

How could anyone in this courtroom know the truth? Perhaps Ralston had been threatened with dire consequences if he failed to provide the testimony just heard.