Chapter Fourteen: Moral Turpitude, A Victorian catch-all
Peter Crown and Hannibal Jordan were furious to be summoned to Stockton, that backwater river cattle town ...peppered with expletives.
They had planned on the final lawsuit being settled in San Francisco where they had connections. Who in the world would have thought that the Beaufort trollop would own land in Stockton? That provision along with the Barkley's dragged them here. They were staying in their fine railroad car as the hotels were not up to their standards. They had brought in plenty of hired guns if the verdict did not go the way they wanted, to teach a lesson of any town to fight the railroad. To make an example of them.
These two young lawyers that Nick Barkley hired were good; after this, Jordan was going to make them an offer they couldn't resist to work for the railroad. Crown had warned him all the maneuvers would be struck down as frivolous but the purpose was to intimidate the women into giving up the fight and handing over the deed. It was all bluster and bluff.
Jordan told his attorneys to destroy Elizabeth Beaufort in court. Paint her as a fraud, a criminal, a hysterical woman, an incompetent, a strumpet, or whatever it took. He wouldn't have it be known that a woman could beat the railroad.
The courthouse was packed. A large crowd had formed outside for any news. Judge Johnson was known as fair and impartial as you get. A civil war veteran that was known for his integrity. It was the worst possible scenario for Jordan. A man who couldn't be bought.
The Barkley's were already inside on the front row. "Of course, they are. One for all and all for one, United we stand and divided we fall… that sort of Musketeer nonsense. Alexandre Dumas must have known those Barkleys", snarled Jordan to his lawyers.
That Beaufort bitch was at the table with her fresh young attorneys. How could a woman stand between him and a plethora of money?
Crown and Jordan sat down at their table with all five of the finest attorneys money could buy.
The side door opened. Everyone hushed assuming it was the judge; it was the bailiff and Jarrod Barkley. A collective sigh went around the room. Jordan let out a string of expletives. Crown and his attorneys tried to calm him. The judge and jury did not need to see that kind of anger from them.
Jarrod walked straight to the table and took a seat. He looked over at Crown and Jordan and gave a mock salute with a smirk in his eyes. The profanity began again from the opposition.
"All Rise for the Honorable James Johnson" The room quietened.
The jury was seated and the Judge gave them and both sides instructions.
"I don't take to any shenanigans or trouble in my courtroom. Just the facts and no intimidation of witnesses. The jury will disregard any grandstanding of any attorney on either side. I will not tolerate a circus in my courtroom".
Both sets of attorneys nodded in compliance.
The morning was spent with points and counterpoints. Innuendos and accusations flew from the railroad attorneys. Judge Johnson threatened them several times with contempt of court.
Todd took the lead in questioning; Ben took copious notes. Jarrod just sat back and listened. He occasionally would jot a question down for Todd to ask. Elizabeth smiled and nodded when referenced. Calm and collected as Jarrod had prepared her.
The railroad had lined up three experts that testified that the land was under eminent domain and should be considered property of the state of California and reimbursed under the going land rate.
Ben was ready. He handed Todd the brief and the legal precedents to overturn the railroad's position. The judge excused himself to chambers to make a ruling without the jury. This point was a legal one to be defined and not for the jury to consider.
The crowd took the recess to move around. Jarrod and the attorneys put their heads together to discuss the next steps. Elizabeth went back and talked to the Barkleys and her sister.
The judge came out after thirty minutes and ruled in favor of Elizabeth Beaufort. She breathed a sigh of relief. The judge gave instructions for the next points of contention that Elizabeth had committed fraud at the auction house by pulling the bid process early and not paying commission, that she violated the charter of Beaufort Shipping by not utilizing assets to keep the company solvent, and a surprise charge-moral turpitude.
"Moral turpitude, your honor? Why were we not made aware of a new charge?" asked Ben.
"California penal code allows for addition if the charged individual exhibits moral failures that contribute to the crimes he, in this case, she committed." said the railroad attorney.
"Allegedly committed, your honor, I object." retorted Todd.
"Objection sustained. I will remind the counsel of the railroad to quit trying to prejudice the jury and rely on your witnesses to testify." reprimanded the judge. "I will allow the charge of moral turpitude to stand but you must prove it without a shadow of a doubt."
The judge instructed the jury, " A "crime of moral turpitude" is basically one that was done recklessly or with evil intent, and which shocks the public conscience as inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between people or to society in general."
Elizabeth looked frightened. Jarrod's eyes were dark with anger and Victoria was doing her best to keep Nick from blurting out. Jarrod turned and saw the fear in her green eyes. He reached under the table and held her hand. She released a deep sigh.
The court recessed for lunch after a heated rules or order dispute between Todd and the railroad. The bailiff was instructed to send out for lunch and keep the attorneys and clients in the building.
The Coastal&Western attorney sent a message to meet with Todd while Jarrod tried to explain the charges and what they meant to their case. Ben furiously wrote notes.
"Elizabeth, we will ask that the courtroom be cleared if they give any testimony in a salacious manner. The judge will allow that for the sake of propriety and you being a woman. The bailiff said he is also concerned with trouble in town breaking out and that is why he is keeping us all here at lunch. I assume he will remand us to our homes tonight with a deputy. Are you sure you want to go through with this?"
"Yes, Jarrod I do."
Todd was offered by the railroad a complete dismissal of charges against Elizabeth for the land deed and a substantial amount of money. He took back the offer to her.
"No, absolutely no. I could never look at my daughter and tell her I did not stand up for right when it was my turn. My parents did it during the illegal slave capture and return for profit times on the island. No, I will not."
Jarrod tried to convince her, "There may be some lies told about your character now that the judge has allowed the testimony that may follow you the rest of your life and hurt the shipping company. Are you sure? We all will understand if you ask that we stop the proceedings and take the offer. Some horrible accusations may be leveled against you. The press is covering this trial and innuendo is their forte. The charge of moral turpitude can open up any venue of questioning to prove you immoral. You need to consider the offer" He wanted her to be fully aware of the consequences as her attorney and as a man who cared deeply for her.
"No, Jarrod—-I thought you knew me better than that."
Her retort and anger in those green doe eyes hurt him more than he ever thought possible.
"As your attorney, I feel I needed to …" and his words fell off as the young attorneys returned.
"My attorney? Is that all you are? Forgive me. I thought we were at least friends. I am sorry I misunderstood." and she turned her back on him to fill her water glass. She was fighting back tears, if Jarrod doesn't believe in me, nothing else matters.
There was an uncomfortable silence in the room. Jarrod excused himself from the room.
Ben and Todd prepared her for the afternoon's questions.
The first witness after lunch was the auction clerk. He testified that "Elizabeth was rude and demanding and impolite. She willfully defied convention and brokered her own deal and left without paying the promised fee".
Todd disputed the testimony and referenced Elizabeth's sworn statement that said "she paid them in cash".
The clerk said, "She was unnatural and he was concerned about the reputation of the firm. He denied being paid by Elizabeth".
The second auction house employee testified he heard "Elizabeth offer an under-the-counter deal for the land and thus cut out his firm".
Todd's questions flustered the man and he faltered in his testimony. He asked about the title attorney who made the deed. He insinuated that "he was bribed by Elizabeth also".
The auction house employees questioning and cross-examination took all afternoon. The judge recessed for the night and remanded all parties to stay home and not discuss the case. A deputy would accompany them.
Elizabeth rode home with the deputy and her two young attorneys with the Barkleys close behind. Jarrod was nowhere to be found.
Crown and Jordan headed back to their private car. Jordan was livid that Elizabeth did not take his offer. He felt sure when his attorneys came up with the idea of moral turpitude laws, she would faint and wilt. He assumed that Barkley would not want her to undergo such vague charges. As an attorney, he knew how ugly that could get. Damn his moral superiority!
When he left the courthouse, he told his attorneys to destroy the woman and hopefully take down the Barkleys with her. No matter how they did it.
Newspapers from San Francisco and Sacramento ran with the stories of moral turpitude, scandal, railroad land grabs, and the Barkley quest for vengeance. Tom's murder and Sample's Farm stories were rehashed. The local newspapers filled up the late edition with the trial.
Two interested parties read all of the accounts in San Francisco. One boarded a train for Stockton and one did some digging of his own. He owed the Barkleys a favor.
She got home, checked on the children, told Valeria they would be leaving hopefully tomorrow when the case was over and she went up to her bedroom for the night.