Chapter 52 A/N: I couldn't find if I had a name for the town Jarrod posed as Thomas Thomson. Therefore, I went with the name Waynesville. If I had established it, please let me know and I will edit this chapter.
Trial Part III
"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."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."
To say that Jarrod Barkley was confused was an understatement. Nathan Springer had him read his confession but had not elaborated on the letter nor had he questioned Jarrod. He simply stated he was done with this witness at the moment.
Phil Archer was even more confused at what he had witnessed and heard. There was no way a jury would find Heath Thomson guilty of any crime once the confession was read. However, why in the world would Jarrod's own defense attorney throw him to the wolves without trying to find out more information on the confession?
Phil stood and approached Jarrod. He couldn't believe that Nathan Springer had handed him Jarrod Barkley's head on a silver platter. Therefore, not one to look a gift horse in the mouth, Phil Archer simply cleared his throat before asking a few simple questions.
"For the purpose of making this clear to the jury, I have a few questions to establish what you are saying." Phil inhaled deeply. "You, Jarrod Thomas Barkley, have confessed to killing Cass Hyatt by means of drowning and choking the man to death. Is that correct?"
Jarrod stared at Phil before confirming those facts. "That is what I confessed to. Yes."
"You are saying that with your own hands, you took the life of Cass Hyatt?" Phil asked again almost uncertain of the fortunate turn of events.
"As I said, I killed Cass Hyatt." Jarrod nodded his head as he stared at his mother.
Victoria had tears in her eyes knowing her son was risking his life when he could be free. Heath had already sacrificed everything for her oldest son. Now the older brother was giving back that gift to his younger brother. It pricked her heart to know that somewhere, sometime, and somehow, Heath and Jarrod had became brothers not only of blood but of heart.
Jarrod added quickly due to Nathan nor Phil bringing it up. "Therefore, Heath Thomson is innocent of the charges."
Only then did Nathan Springer speak up. "Your honor, the witness was not asked about Heath Thomson. I will establish facts in this case with other witnesses."
"Very well. Mr. Archer, are you satisfied with this witness's testimony?" The judge was also baffled why a good defense attorney would throw away a prominent lawyer for a no account gunslinger.
"I have no further questions your honor." Phil walked to stand in front of Jarrod. "As a matter of fact, if it pleases the court, I would like to drop all charges against Heath Thomson and amend the charges to only include murder of Cass Hyatt by Jarrod Barkley. Not to waste any more of the citizen's time nor the court's. Since a confession has been placed before the court, I would like to stop proceedings and negotiate a fair sentence and plea bargain with Mr. Springer's client."
"Objection, your honor." Nathan stood up abruptly.
"Excuse me?" The judge was sure Nathan would at least agree to the hearing of Phil's terms.
"I have not yet established my defense, your honor." Nathan straightened his shoulders as he spoke confidently. "My job is to prove both my client's innocent. Not just Heath Thomsonbut also Jarrod Barkley's. Although I agree with Mr. Archer in the case of Heath Thomson's innocence. I still have more for the court."
"Very well. Mr. Barkley, you are dismissed from the witness stand." The judge frowned but agreed that Nathan Springer had not yet presented his case. He wasn't sure where this was going but Nathan seemed prepared to go on.
"I call my next witness. This witness would simply like to be known as Miss B. to keep her identity confidential. Mr. Archer is more than welcome to interview her in chambers if he finds her testimony not credible. There she will tell her real name. Although, I have the information here for both your honor and Mr. Archer." Nat Springer handed the judge as well as Phil some documents stating that Miss B. was known as Barbara Red, a well known brothel owner.
Miss B. asked to remain incognito due reasons of wanting to establish another life style in the future. Nathan glanced at Phil, who shook his head in agreement. Jarrod kept his face neutral as he knew how to due to being a lawyer. However, seeing Barbara approach the stand had him flabbergasted. She didn't look like the Barbara he knew at all. It was obvious she was in disguise. She wore a platinum blonde wig that was piled high on her head. Her dress was tight around a much larger frame, which Jarrod knew didn't exist in the thin woman. It was obvious to anyone that knew the real Barbara's looks, she had stuffed herself to look more robust. Her makeup was much darker than she ever wore. Barbara even had added a large mole on her face.
"Miss B. Can you please tell the court what you job occupation is?" Nathan approached Barbara slowly allowing Barbara to establish eye contact with the jury. He could tell he was dealing with a highly intelligent woman despite her appearance.
"I am the owner of a brothel in a town called Waynesville." Barbara glanced at Jarrod. Her heart fluttered at how handsome he was. She always knew he was more than what he claimed when he had seen her as Thomas Thomson. She had no idea he was the prominent attorney or a well known Barkley.
"Ms. B. can you state for the jury who Thomas Thomson is?" Nat waited for Phil to object.
As on cue, Phil objected. "I object, your honor. I don't know who this Thomas Thomson is or what he has to do with this trial?" Phil took a deep breath. What was going on?
"Your honor, if it pleases the court, I am trying to establish the connection. Thomas Thomson has a great bearing on this case." Nathan flicked his fingers on his vest.
"Very well, I'll allow this line of questioning. But be warned, Mr. Springer, there better be a reason established quickly." The judge nodded for Mr. Springer to continue.
"Ms. B. Can you please answer my question?" Nat held his own breath. He knew what information Heath had provided for him. However, he wondered if the cheap female was really who Heath claimed as a friend of Jarrod's and not a foe. Nat hoped he wasn't being fooled by the gunslinger.
"Mr. Thomas Thomson was my lover." Barbara stated matter of factly. No one but Victoria Barkley noticed Jarrod's face reddened slightly.
"Was? Miss B. you used past tense. Did there come a falling out between the two of you?" Nat questioned.
"Not at all, Mr. Springer. I used past tense because Thomas Thomson is dead." Barbara flicked at her fingernails. Her words were a little strained due to tears threatening to spill. She loved Thomas Thomson. Although, she knew Jarrod was one in the same, she had fallen deeply for the man he had pretended to be. "He was shot in a high stakes poker game."
"Can you tell me what Mr. Thomson told you on June 12 of this year, Miss B?" Nat continued.
"Yes." Barbara licked her dark red lips. "Thomas told me that his brother, Heath Thomson, had made it look like he killed a man but it was he that killed the man instead."
There was a gasp from those in the courtroom. Phil Archer was frantically looking through his notes trying to see if he had any notes on Heath Thomson having a brother. He hadn't taken the time to really do any type of serious background check on Heath Thomson. He wasn't a big fish to fry like Jarrod Barkley was.
"Did Mr. Thomson tell you the name of the man, he claimed to kill and how he killed him?" Nat once again cautiously asked.
"Yes. Thomas told me the man he killed was named Cass Hyatt. That he had choked him and drowned him in a town called Rimfire. He said Heath had shot him after he was already dead." Barbara didn't look at Jarrod. She feared she would show recognition of him.
"Objection, your honor." Mr. Archer jumped up from his seat. "It has already been established that Jarrod Barkley killed Cass Hyatt."
"Your honor, nothing has been established by the defense at this time. I am refuting my client's claim that he killed Mr. Hyatt. That is part of my defense." To Jarrod's surprise. as well as the judge's and Mr. Archer's, Nathan spoke up.
"Objection overruled. Please continue, Mr. Springer." The judge finally realized there was much more to the story. He hoped Jarrod Barkley's confession was proven untrue. He liked and respected the well known attorney.
"Let me make sure I have the facts in order. It is your testimony that Thomas Thomson, your lover, confessed to killing Cass Hyatt. It is also your testimony that Heath Thomson took the blame. Why would Heath be willing to take blame for Thomas Thomson's deed?" Nat continued.
"Well, you can call a dozen witnesses to the fact that Heath and Thomas were closer than any brothers ever seen. They loved each other deeply. Heath is the type to protect those he loves. I do believe that was already stated by one of Heath's many lovers, Miss Allie Kay. The folks in Waynesville saw this. It didn't surprise me when Thomas said his brother took the blame for his actions. Heath seems to not feel worthy of living compared to a lot of folks. He is a gunman and feels he killed enough men along the way that he should take the blame for this death." Barbara spoke confidently.
"Was Thomas Thomson a hired gun as well?" Nathan turned to stare directly at the jury.
"No. Thomas was okay with a gun I suppose. I never really saw him use one. He was a gambler. Heath was his gun to back him up. Thomas gambled and Heath protected him. Those were their roles." Barbara again flicked at her fingernails.
"Thank you, Miss B. Your witness, Mr. Archer." Nathan walked over and sat down. Jarrod started to ask what was going on but Nathan stopped his questions with a gesture from his hand.
"Miss B. What exactly were you and this alleged Mr. Thomson doing where he poured out his heart to you?" Phil stated sarcastically.
"What the do you think, Mister?" Barbara snorted causing those in court to laugh. "I own a brothel. He was my lover. There is no alleged to it. Thomas Thomson was as real as I am."
"Why would Jarrod Barkley confess to a murder this Thomas Thomson committed?" Phil irately asked.
"How am I supposed to know what crazy notion that man has? I have never met Jarrod Barkley. All I know is what Thomas told me." Barbara rolled her eyes as if mocking Phil Archer.
Jarrod couldn't help but admire the way Barbara was making the jury enjoy her personality and her berating of Phil Archer. He wasn't exactly sure what was going on. However, he was slowly getting the picture of why Heath asked for Jarrod not to let it be known he was his brother. Thomas Thomson was the scapegoat here. Jarrod Barkley and Thomas Thomson would be established as two separate identities by the time the defense rested.
