Author's NOTE: I would like to thank any reader that is still interested in this story. I have had a few twists and turns in life lately. Many things have happened however, that is life. One was….. My dad was given three weeks to live. He was buried the Monday before Memorial day. He had been in remission of cancer. However, it came back full force and took him from us. Although it grieves me, I know he is where he will no longer suffer. Secondly, great blessings of a new grandson being born to me. I am expecting to see my daughter deliver my second grandson soon. That being said, I apologize for the delay in trying to get this story completed. It was NEVER MY INTENTION to let this go on this long. Again, I apologize. Chapter 50
Trial Part II
Allie Kay glanced out the window longingly. Heath had went to finish up his work before coming in for the evening."Anywhere Heath is. That's where home is to me."
Nathan Springer almost chuckled out loud as Phil Archer became flabbergasted at Sheriff Madden's admittance that Jarrod Barkley was taken by force when Heath Thomson escaped. It had given Jarrod a point or two with the jury.
However, Phil approached his next witness with confidence. "Mrs…." Phil began.
"Call me Miss Annie." Big Annie pushed back her fake blonde tendrils as she stared at the district attorney.
"Fine. Mrs. Annie, on the night of August 23, 1877. Did Jarrod Barkley approach you asking for Heath Thomson?"
Big Annie scowled at the weasel of a man. But she answered honestly. "I suppose that was the night. I didn't exactly have a calendar. Mr. Barkley did ask where Heath was. I told him where Heath was. I had Heath go to him."
Phil Archer straightened his shoulders. "Did Mr. Jarrod Barkley come to hire Heath Thomson or do you feel he had business with him?"
Nate stood up quickly. "Objection, your honor. Miss Annie has no way of knowing what conversation that took place between my clients. She only can state facts in evidence or what she heard."
"Sustained." The judge agreed.
Phil Archer nodded his head in understanding. "Good enough. Once again, did Mr. Jarrod Barkley inquire about Heath Thomson on the night in question?"
"I told you he did." Miss Annie fidgeted uneasy. She had a business to run. She didn't need mixed up in this mess.
"Thank you, Mrs...Mrs. Annie. I have no further questions of this witness." Phil headed back to sit behind the prosecutor's table.
"Mr. Springer. Would you like to cross exam?" The judge inquired.
"I have no questions of this witness." Nathan Springer watched as Jarrod nodded in agreement. He still couldn't believe his luck of having Jarrod prepare his own case as well as Heath Thomson doing all the legwork to make the case in favor of Jarrod. Nathan had his case handed to him.
The next witness called was Jacob Kyles. Phil was sure he'd make Nate Springer and Jarrod Barkley squirm at this testimony.
"Mr. Kyles, on the night in question, did you bear witness to a conversation between Mr. Jarrod Barkley and Mr. Heath Thomson?" Phil Archer was standing in direct front of the courtroom facing Jacob Kyles.
"I did." Jacob had been cleaned up for the trial. He had a suit on to look more presentable. Although it was a cheap suit, it still made him look much more trustworthy than his usual attire.
"Did Jarrod Barkley mention Cass Hyatt to Heath Thomson?" Phil glanced quickly to see if Nate or Jarrod were going to object. Neither did.
"Yes, sir. I heard him. He did." Jacob was already told to keep his answers short until telling of what he heard.
"Can you tell the jury what you overheard during the conversation between Jarrod Barkley and Heath Thomson?" Phil Archer leaned in to make sure Jacob Kyles knew exactly what to say without elaborating on anything of his son's hanging.
"Sure can. Jarrod Barkley asked Heath Thomson to kill Cass Hyatt for him." Jacob leaned back to smugly glance at Jarrod.
"Did you hear anything else? Whether Mr. Thomson agreed to or not?" Phil Archer stuck his thumbs into his vest pockets smugly.
"I heard the gunslinger. That Mr. Thomson fella say he'd kill him for him. Then I left. Didn't want to be there no more after that." Jacob Kyles grinned as he stated what he heard.
"Thank you, Mr. Kyles." Phil Archer headed to sit at his seat.
"Mr. Kyles, that is a very nice suit you have on." Nathan Springer stood up and walked toward Jacob Kyles.
Jacob Kyles rubbed his hand down his new suit. "Reckon it is."
"Did Mr. Archer buy you that suit?" Springer glanced towards Archer awaiting his objecting.
As if on cue. "I object, your honor. Mr. Kyles suit has nothing to with this trial."
Nate spoke quickly. "Withdrawn."
He didn't care if the objection was overruled or sustained. The idea of Archer paying Jacob Kyles for his testimony was already placed in the jurors' minds. Jarrod didn't like where Nathan had gone with the asking about the suit. It was common for defending attorneys and prosecution to help out a witness in clothing choice for trial. He knew Nate was making it look bad for Phil. Jarrod would bite his tongue until he could take the stand. Then, Jarrod felt the whole truth would come out.
"Your son,Emmet Kyles, can collaborate this testimony with you. Can he not?" Nathan Springer glanced at the jury before turning back to look at Jacob Kyles.
"My boy would never hit his daddy! He will say he heard the same! I tell you. He would never clobber me." Jacob Kyles sat back angrily.
Nathan Springer rolled his eyes as he restated his question so that Jacob Kyles could understand. "So Emmet or Alan Kyles will agree to what you're saying?"
"They was there. That's what I said." Jacob smiled as he raised his eyebrows confidently.
Nate smiled. "Your sons are honest. They will give an honest testimony according to you?"
"Yes! My boys will tell the truth as we heard it." Jacob snarled as he said it.
"Thank you, Mr. Kyles. I have no further questions of you."
Nathan Springer left the questioning of Jacob Kyles at that. Jarrod had already prepared the line of questioning for Emmet Kyles to help Heath's guilt be questionable. Phil Archer unknowingly played into their hands when he called Emmet to the stand. His questions went along the same lines as it did with Jacob Kyles. He felt it helped in the collaboration of putting Heath and Jarrod together in the murder of Cass Hyatt.
To everyone's surprise, Nathan allowed Jarod to question Emmit Kyles. It would help later when he began his defense.
"Mr. Kyles, although it is true that you did overhear the conversation between Heath Thomson and I, is it also true that you came back into Big Annie's briefly after your father and brother left?" Jarrod didn't realize that Emmit had returned to the bar that night. However, Nathan knew somehow.
"Yeah. It's true. The men next to my table didn't finish up their beer. Figured why let it waste. I came back in to drink it right quick." Emmit explained as he scratched his scruffy chin.
"Can you tell the court the exact words that I said to Heath Thomson at that moment?" Jarrod tucked his thumbs into his vest pockets confidently.
"Well, I'm not sure what you mean?" Emmit chewed on his lip.
"Let me help you remember. When Heath Thomson offered to kill Cass Hyatt for me…" Jarrod paused as the jury gasped at the admittance from Jarrod Barkley. "What did I say to Mr. Thomson?"
"Well. You told him that you didn't want him to kill the man. You wanted him to teach ya how to kill him.." Emmit's brow wrinkled.
Jarrod confidently leaned in to speak to Emmit. "How did Heath Thomson react to that?"
"That young gun fighter didn't like that none though. He said not to go into that type of life for ya. Said he'd do it." Emmit swallowed. He told the truth because his daddy had said he would just moments earlier to the court.
"How did I react to that, Mr. Kyles?" Jarrod stared at the jury then to Emmit.
"Ya didn't like it none either. Ya kind of got mad at the Thomson fella. Least ways, that's how I saw it." Emmitt once again scratched his chin. "The Thomson fella refused to help ya. You left in a hurry after that."
"So you are saying that Heath Thomson never agreed to be hired to kill Cass Hyatt for me?" Jarrod arched his eyebrow.
"Not that I heard. He told ya no." Emmit glanced at his dad nervously.
" Are you also saying that I never hired Heath Thomson to kill Cass Hyatt?" Jarrod heard murmurs in the courthouse as he asked the two questions.
"No. I reckon ya didn't. You said you wanted to kill the man yourself." Emmit cleared his throat. It was obvious he hated that he had information to go against the words of his own daddy.
Phil Archer knew that the Kyles testimony was no longer a plus for his prosecution. Jacob Kyles had already vouched for his own son. To recall them would only make Jarrod's and Heath's defense stronger. He closed his eyes trying to think as Emmit left the stand. First Sheriff Madden had testified that Heath had kidnapped Jarrod in the escape. Then Annie didn't hurt or help. Her testimony only confirmed Jarrod was looking for Heath. Therefore, the jury could link that into the fact Jarrod only wanted Heath to teach him a few things about being a gun for hire. He had no idea that his case was going to fall this quickly. Archer called the sheriff from Rimfire. All the man said was he saw Heath Thomson shoot Cass Hyatt. Nick Barkley had testified to the same thing. Phil Archer was befuddled on why Jarrod or Nathan didn't cross examine those two. Nathan Springer simply said that he requested to recall both witness during the defense.
However, he would soon find out that things were far from how the case was going to go. Phil Archer had no idea that the first witness to be called for the defense would be Jarrod Barkley himself. Before Phil Archer could wrap his mind around the shock of Jarrod being called as a witness for the defense, the court house burst open with a man yelling.
"Sheriff, you have to come quickly. Looks as if Rance Kendall done shot himself! He's dead!' Rance's long time foreman yelled for all the courthouse to hear.
