Chapter 51
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 got 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.
Allie Kay bit her lip as she anxiously poured the hot water in the metal tub. She closed her eyes sending up another prayer that Heath was okay. She breathed a sigh of relief when she heard his soft southern drawl spoken in the other room.
"I hope you finished up the business you needed done, son." The old man's voice had an edge of worry. Allie Kay recognized the worry due to her own nerves being on edge.
"I did. Had to be done. You know it did, Pa." Heath pulled off his boots and relaxed slightly. "No one saw me. I can't hide out on this ranch for the rest of my life, Pa. I have to travel to sell the rest of the horses and get ready for the auction."
"I know. Don't mean I have to like it." The old man squeezed Heath's shoulder in a gesture of love and concern. "Now, go get cleaned up. Your wife is more nervous than a cat in the creek. Don't help none she's carrying that baby. Her condition makes her more nervous."
Heath nodded as he stood up. "Thanks. I guess I'll get cleaned up and then scrounge me up something to eat."
"Your ma left a roast heating on the stove." The old man spoke as he headed towards his own bedroom. "I guess I will let your ma know you made it home without a posse catching you."
Heath walked into the other room to his wife. Allie Kay practically fell into his arms as she sobbed.
"Shhh. Now what is with the tears? Sorry to see me." Heath teased as he kissed the crown of her head.
Allie Kay giggled slightly before smacking on Heath's chest. Then she wrapped her arms tighter around him. "I was so worried, Heath. I wish we would've just went to Mexico like you planned all along."
"I never planned that, Allie Kay. Not after Thomas got shot. Not after he confessed to the sheriff of killing Cass Hyatt. That was what I wanted the Barkleys to think. I didn't want them getting any ideas to bring me back to Stockton. That would've ruined all chances for Jarrod. Anyway, I met these folks before. We talked it out. I knew we were needed here. Besides, I need these folks too. They took me and you in where the Barkleys refused at one time. Even knowing I am wanted by the law, they took me in. Never even knowing I didn't kill Cass Hyatt. But they don't care. They just want me here. Us here. It will be over some day. Heath Thomson will be forgotten. Jonathan is who I am to everyone now. There was so much wrong in the wanted posters, no one will know in a few months." Heath assured her before pulling away from her. "Now, I plan to use that tub of clean water to clean myself up. Gonna eat some of Ma's stew then…" He winked as he wiggled his eyebrows. "I have plans with my wife."
Allie Kay reached up and began to unbutton Heath's shirt. "Well, Mr. Barkley, I think you should let me help you bath then worry about the meal last on that list."
"Oh do you now?" Heath slid his tongue over his bottom lip in a suggestive manner.
Allie Kay began to play with the hair on his chest as she continued to unbutton his shirt. Heath helped her slide off his shirt before she began to unbuckle his jeans.
He growled as he said. "I reckon I agree to that."
Trial Part III
Court was called back in session the following day after Rance Kendall's death. Nathan Springer had known that Rance Kendall had hired Cass Hyatt to kill Jarrod. Somehow, Heath Thomson left that in his notes to Nate. However, making that connection would probably only hurt the case Nathan was working on. Therefore, he was relieved that Rance Kendall's testimony wouldn't have to be thought about. At least Phil Archer had no idea of that connection. He could have used that information for the prosecution.
The previous night at the Barkley mansion almost felt like things were normal. Nick was no longer in danger due to the deranged Rance Kendall. They were all home enjoying each other. However, the feeling of ease would end the following morning in the courthouse when Jarrod was called to the stand.
Nathan rocked on his heels slightly as he spoke to Jarrod. "Please state your full name for the records, Mr. Barkley. Your age and where you reside."
"My name is Jarrod Thomas Barkley. I am thirty three years old. I live both at the Barkley Ranch here in Stockton as well as live in San Francisco." Jarrod stated as he glanced at his family briefly.
"Now, Mr. Barkley. It has been stated by Miss Allie Kay and Sheriff Madden that you were forced to escape with Mr. Heath Thomson at gunpoint. Is this correct?" Nathan picked up his notes pretending to shuffle through them.
"That is correct. Mr. Thomson pointed the gun at me and took me hostage." Jarrod knew not to make it look like he and Heath were more than acquaintances by using Heath's first name.
"Did you know the gun wasn't loaded at the time?" Nathan glanced up from his notes.
"No. I assumed it was. There was no reason for me or the sheriff not to assume the gun wasn't loaded. Thus, the reason I went with Mr. Thomson and Miss Allie Kay." Jarrod spoke like the lawyer he was.
"I see. Now, let's move on in time shall we? You and Mr. Thomson along with Miss Allie traveled together. Why didn't you come back to turn yourself in? Did Mr. Thomson keep you hostage?" Nathan walked up to stare at Jarrod.
"No. I followed him willingly after a while. He knew how to survive when I did not. He kept us alive in the mountains and other places. Mr. Thomson reminded me that I was the one on the wanted posters with the biggest reward. I would be the one that bounty hunters were gunning for." Jarrod answered truthfully.
"So you might say you felt an obligation to Heath Thomson for keeping you alive. Is that correct?" Nathan raised an eyebrow. He could see Jarrod didn't like where he was leading.
"I did." Jarrod answered shortly.
"What happened when Thomson ran into a man known as Mance Harley?" Nathan asked noting the confusion on Jarrod's face.
"I'm not sure who that is." Jarrod admitted.
"Oh. I do apologize. Mr. Harley was an escaped convict that was shot by Heath Thomson shortly after you escaped." Nathan knew Jarrod didn't know his name. But he was using that shock for the jury to see Jarrod was not connected to Heath Thomson or his actions.
"Yes. It was in self defense." Jarrod stated adamantly.
"Can you explain exactly what happened?" Nathan asked of Jarrod.
"Objection, your honor. This has nothing to do with the case in question." Phil Archer stood up as he tried to organize his thoughts of what Nathan was getting at.
"Your honor, the questioning of this event directly goes to the defendants states of minds following the escape. It will also show the interactions of Mr. Barkley to Mr. Thomson. It also will show the events leading until Jarrod Barkley could come back to his family when he did."
"Very well. Sustained. But make it clear, Mr. Springer." The judge rubbed his chin as he sat back.
"Mr. Barkley, could you please tell us what happened to Mance Harley, the escaped convict, within the first month of Heath Thomson's escape and your kidnapping?" Nathan repeated the question.
Jarrod told of how Heath had caught Allie Kay almost being raped. He went on to explain that the man was shot and later died of being shot. He never mentioned that he still didn't know if the man was dead when Heath shot him in the head to make sure he wasn't easily identified. He also explained Heath had him change the man into his own clothing. Jarrod didn't feel telling of the name change would help the situation any. Therefore, he kept that out. He recalled a request Heath had asked him when they were on the run. Heath had requested that they not ever reveal that Heath and Jarrod were brothers due to having the same father. Jarrod made the promise. Therefore, Thomas Thomson wouldn't be revealed as Jarrod Barkley.
"So it is safe to say that you felt Heath Thomson was in charge. You did as he told you. Did you not?" Nathan asked as he peered at the jurors.
"Yes. I did as Heath thought best. He was in charge." Jarrod arched his eyebrow.
"Is it also fair to say that Heath Thomson would do about anything to protect the ones he loves? Is that what you come to see in Mr. Thomson such as when he saved Allie Kay from being assaulted?" Nathan again peered at Jarrod then to the jury.
"Yes. In my observations, Heath Thomson was protective of those he cared about." Jarrod inhaled slightly. At least this was going to come out the fact that he killed Cass Hyatt. Not Heath.
Nathan shuffled through the papers on the defense table. He walked to stand in front of the jury then headed to Jarrod.
"I have a paper here, Mr. Barkley." Nathan walked up to Jarrod and handed Jarrod the paper. "Can you please tell the court what this paper is?"
Jarrod opened the paper. He stared at his mother and brother. Victoria and Nick anxiously stared back at him.
Jarrod took a deep breath before stating. "It is my confession to the murder of Cass Hyatt."
