Chapter 52

Supper the previous night had been convivial. Both older men were pleased to see the younger doing a better job of putting away a reasonable amount of food. Jarrod was delighted to let them know things were happening.

When he'd stopped in to order the meal, Mrs. Fairchild had advised him that a man had come in to send a telegram and then told her husband he'd be glad to deliver any they had for Mr. Barkley.

She assured him her husband had followed Pleasant's instructions … told the man there was nothing to be delivered. Neither she nor her husband knew the fellow … the description could fit any number of people.

He thanked them for their integrity and advised them that, until further notice, under no circumstances would he send anyone, other than Marshal Frank Sawyer, to collect mail or telegrams for him. He requested that they deliver telegrams directly to him only … not leave them with the hotel. They were happy to comply.

He'd collected the telegram that was there for him, and smiled at the message. Security tightened. Stop. Nick. Full Stop.

As he waited this morning, with Marshal Sawyer, for court to convene, he thought of the letter he'd posted that morning to Mr. Michael McNally. Thought how few facts he'd been able to supply, and how much conjecture … and worry. And yet he knew, the family would want to know what was happening … and what was not. And, what he was thinking.

When the doors opened he moved to take his place at the defendant's table, while Frank seated himself in the first row, immediately behind him. In a matter of moments Collins arrived with Heath.

As the usual preliminaries were dispensed with, he got his first glimpse of Judge Alan Vanderburgh. He liked what he saw. He knew it was gut instinct … and knew it was all that was available … for the moment. Hoped it proved reliable.

The charges were read, and true to form, Manus had a surprise to offer: he added, to the charge of murder in the first degree, that of felony breaking and entering, making the argument that the action resulted in the death of an innocent person and therefore was not a mere misdemeanor. Heath plead not guilty to both.

As expected, the prosecutor countered the request for bail. Not surprisingly he focused his argument on the defendant being a threat to the public, and suggested that with two felony charges being levied, bail was not reasonable. Jarrod knew his argument was a long shot, and he did his best. He was not particularly surprised when the judge took time to consider both arguments, and then denied the request.

He saw Heath Thomson shudder. Expected or not, this early loss weighed on the counselor's conscience. He knew how important bail was to his client. Knew they now would have their hands full helping him deal with his confinement.

He requested the preliminary hearing be scheduled as soon as possible. When Friday was offered he was surprised. He had expected to be waiting a least a week. He was not surprised when Manus accepted, although it did give him pause to consider just how much outside influence was at work. He gathered his thoughts along with his papers and exited, what he hoped would prove to be, the hallowed halls of justice.

Back at the jail, Thomson was doing a good job of appearing unconcerned. Jarrod remembered what Frank had told him, what now seemed a lifetime ago, and refrained from pushing. He'd seen the reaction when bail was denied … had no difficultly understanding what the young man was feeling.

"I'm sorry Heath. I know that you weren't counting on getting bail … and know that you were still hoping for it. Just want you to remember what we talked about yesterday. You'll get another walk outside in a couple of days … and a full day out of this place.

"Frank and I will be here as much as possible. We'll get you through it … whatever it takes. In that you just have to trust."

The eyes meeting his and a slow nod were the only response. For now, it was enough.

"I'm going to leave you both to it. I've got work to do." He headed back to his hotel. He did have work to do.

Several hours later he felt confident that he had a plan in place for the preliminary hearing. He harbored no belief that the case would not be remanded over for trial. He planned to call the desk clerk to verify Heath had not requested a room number, and had not been seen by any of the staff. He would call at least one of the men protecting Heath to testify that he left the house following a visit by an unknown person. He would cross-examine Manus' two eye-witnesses.

First and foremost, he would make a request to the court … hope it would be granted.

Friday came soon enough for Jarrod, and, he suspected, not soon enough for Thomson.

As Heath slid into the chair next to the defense attorney he looked, and felt, tired … and worn. It wasn't just the being confined. He was no closer to remembering what had happened the day of the murder than he had been when he first regained consciousness. It was hard to imagine that any lawyer, even one as accomplished as Jarrod Barkley, could mount a successful defense without some help from the client.

He worried, also, in spite of the talk they'd had, that he was losing his resolve to care. He hadn't lied when he'd said he'd be satisfied with however it turned out … that he'd gotten what he wanted … justice for Cliff. It wasn't that he desired to hang … to be dead … but he could accept it. He could die without regrets.

The only thing that truly terrified him was the thought of being found guilty and not hanging. He could not spend his life in prison … not even a portion of his life. He suspected that would not sit well with Barkley … he would want to plead for his life. If he were to entertain any regret, it would be that he would have to refuse the man permission to make such a plea.

When Manus prepared to call his first witness, Jarrod interrupted and requested they approach the bench. His request being granted he stood before Vanderburgh and expressed his concern.

The two eye-witnesses had had several days to corroborate their story. He wanted at least a fair opportunity to challenge their assertions, and that could only happen if they were not privy to each other's testimony, and were not given time and opportunity to converse with each other between testifying. He requested that they be called consecutively, and that one be excluded from the room when the other testified.

Not unexpectedly, Manus objected. Somewhat unexpectedly, the judge consented. It was a small victory, but Jarrod was well aware that small victories might be all he would be afforded in this case. He would take whatever he could get.

Manus called his first man, Jim Pollock, who confidently reiterated what he'd told the sheriff the day of the murder, then leaned back in his chair waiting to dispose of Jarrod Barkley's questions.

"Mr. Pollock, I believe you stated that, at the time Heath Thomson allegedly broke into the room, there were three people present: yourself, the now-deceased, and your cohort. Is that correct?"

Pollock sneered. "I believe I can count accurately … certainly up to three."

Jarrod briefly considered a request to the bench to have the witness refrain from commenting and simply answer the question, then opted to handle the matter in his own way.

"I see. And can you count accurately beyond that number?"

Pollock's brow wrinkled, his eyebrows drew together, and his mouth dropped open. No sound came forth for several moments, furthering the impression he was thinking: could he count past three?

"I don't see the point in your question."

Vanderburgh interjected before Jarrod could continue. "The witness will answer the question."

Pollock looked at the judge and realized he'd made a grave mistake with his first reply. Time to put an end to this. "My apologies, Your Honor. Yes, I can count accurately well beyond three."

Jarrod handed him a piece of paper. "This is copy of the sketch, already provided to this court, that Marshal Sawyer made of the room shortly after the murder. As you can see it identifies the individuals present in the room at the time the sheriff arrived on the scene. It also shows the position of pieces of furniture and other items. I would ask you to take a close look and verify that it appears to be an accurate representation of the room at that time."

Pollock gave the paper a cursory glance before answering. "Yes, it looks like the room."

"Please take a moment to look carefully and then confirm that it appears accurate to you."

Pollock looked at the paper again. He couldn't see what could be important about the room. "Yes. As I said, it is accurate."

Jarrod took back the paper, made a point of appearing to study it closely, then handed it back to the witness. His eyes were hard and steady as they honed in on the witness. "Please count the number of coffee cups on the table."

The witness's eyes flitted briefly to Manus, and then around the room. He licked his lips. The paper in his hand may have displayed the slightest of flutters. He swallowed. "There appear to be four cups."

"I see. Four cups, and three men. The written report indicates that the cups held varying levels of the remnants of barely warm coffee, indicating that the cups had been filled at the same time. Who was the fourth person?"

"There wasn't another person."

"I remind you, Mr. Pollock, that you are under oath. There are four cups of coffee. I ask you again, who was the fourth person?"

"He left before Thomson there broke into the place."

"How long before?"

Jim Pollock could now feel the sweat begin to trickle down his back, creating a damp strip on his shirt where the waistband of his pants held it close. He licked his lips again. "I don't remember, exactly."

"I see. You don't remember when the other person left. If the testimony you have provided this court is the truth, you seem to have a very exact memory of everything that happened subsequent to his leaving. How is it, Mr. Pollock, that you are not able to remember when the fourth person left?"

There was now anger in the voice. "I tell you I just don't remember. I had no reason to pay it any mind. He left when his business with Mr. Greenley was done. Was no concern of mine, when he left."

"Thank you, sir. You've graciously answered my next question before it was asked. The fourth individual was a man. What was his name?"

Manus was on his feet. "Objection, Your Honor. This entire line of questioning is irrelevant to the matter at hand. Whether anyone else was there before Mr. Thomson broke in … allegedly broke in … or who he was has no bearing on this case."

"I must disagree, Your Honor. Since we do not know when this fourth man left he might well be a possible witness."

"Objection overruled. The witness will answer the question."