Chapter Sixteen THE TRIAL
Jarrod woke early and went down to see Silas. He had him grab some roses from the garden and take tea and biscuits up to Elizabeth's room.
Silas softly knocked on the door and Elizabeth answered it in her robe. Valeria was brushing her hair out to braid again. "Mr. Jarrod sent this up with this note."
Isabella looked over her shoulder to read it. Please accept my apologies for yesterday. It seems I owe you quite a few. Please ride with me to the courthouse. We have a lot to discuss. J
She would have known that elegant script anywhere. She took a deep breath. "Here's to seeing what happens."
The ladies came downstairs to the men in their suits. Jarrod smiled approvingly at Elizabeth.
"I understand we are changing up our riding arrangements" as she looked at Jarrod directly.
The family and young lawyers looked on with amusement and scattered their own ways to get to Stockton within the hour.
Eugene leaned over to Jarrod and whispered, "Need any pointers, just let me know. That's college slang for advice, Pappy" and winked at his big brother.
Jarrod took Elizabeth's arm to the two-seater and on the seat was a single red rose. He handed it to her after he helped her up. He squeezed her hand, kissed it, and ran his thumb across her wrist.
He took the reins and drove it to an orange grove slightly off the main road. He still had not said much of anything except they needed plenty of time to get to town today.
"Young lady, I was not myself yesterday and I need to repay a debt from the morning." He leaned over, looked straight into her eyes, tilted her chin up, and kissed her softly. A soft whimper escaped Elizabeth and she stared straight back at him. "Jarrod?"
He ran his thumbs across her collarbone and down her shoulder. "Do I need to repay any more debts or make another apology for my abominable behavior?"
"Yes, I think you owe me a great deal".
He smiled and his sapphire eyes twinkled. "I am a man who always pays his debts."
The next kisses would not be considered chaste nor modest. Their breathing increased and they were very close to losing all semblance of control.
Jarrod pulled away, straightened his jacket, took the reins, and looked at Elizabeth's pinked cheeks and slightly swollen lips. Her green eyes were enchantingly lidded. "And just so you don't get the wrong idea, I am not in the market for a mistress. I am not that kind of gentleman.
Elizabeth laughed, "Thank you for clarifying that Mr. Barkley" and she took his arm and rested her head on his shoulder.
They arrived at the courthouse and Jarrod took her into one of the private meeting rooms for counsel. "Elizabeth, I need you to be prepared for anything today. I will be there every moment and I will stop any line of questioning I can. It's likely not going to be easy or pleasant."
"I know Jarrod. But I can do anything if you are there at the table. I was miserable and scared yesterday when you left. I am sorry I overreacted."
"You weren't wrong. I have shown two sides of the same coin to you. We will talk about that later I promise." and he outlined her chin with his fingers and kissed her again.
The kiss would have continued except for the nervous cough of Ben and the wide grin of Todd who had entered the room. And the hale laugh of someone standing behind them.
"That's some attorney-client privilege if I do say so myself." and Nate Springer pushed the gawking young attorneys apart and grasped Jarrod's hand and a slap on the back.
"What in the world, Nate?"
"I was reading the newspaper accounts of your reappearance to fight the railroad and defend this lovely lady. It's been a while since I saw my favorite foe in action so I caught the night train and here I am to watch the fireworks. Welcome back to California, Jarrod."
"Nate Springer, meet Elizabeth Beaufort".
"Pleased to meet you, Mr. Springer."
"Please, call me Nate" as he kissed her hand.
Elizabeth moved back some and let the old friends and foes reconnect. Ben and Todd had some papers for her to peruse and it was a welcome diversion. Jarrod had completely addled her mind this morning.
Elizabeth's legal team was seated and she was the first witness called by the prosecution. She took a deep breath, placed her hand on the Bible, and took the stand.
Judge Johnson began the proceedings. "Mrs. Beaufort please understand that the charge of moral turpitude is a very unsavory one and if at any time, the questioning becomes too overwhelming, let me know. I will call a recess or end the line of questioning if I deem it inflammatory and not within the bounds of the lawsuit."
"Yes sir, thank you very much" and she took a deep breath. Jarrod was pleased. She looked very young and in need of protection from the prosecution.
The first line of questioning dealt with her motives upon selling the land grant to the Barkleys and not through the auction process. "Did money change hands?" "Did you have an inappropriate relationship with Heath or Nick Barkley? She answered the questions clearly. Judge Johnson frowned at Crown and Jordan, and his lawyers for the last questions.
She explained that "I recognized the name, Barkley. Jarrod Barkley was a superior in the army to my late brother John. He saved his life twice and he mentioned him even on his death bed as deserving and with respect."
The jury loved her response as well as Judge Johnson.
"So far so good" whispered Jarrod. Nate had signaled a thumbs up from the second row as he eyed the jury.
The next line of questioning was in the line with her finances. "Did she willfully not pay her employees and leave her company insolvent to recklessly pursue her relationship with these men?"
She deferred to the testimony of her purser and manager Harris Kirk. Jarrod asked that he be called to the stand.
Harris testified of his long employment with Jack and John Jackson with the Beaufort Line and that he had worked with Elizabeth during the past year. He found her intelligent and willing to listen to advice. He mentioned the break-in and theft of $8,000; he attributed that to the inability to make payroll and shipping costs instead of her ineptitude. He mentioned the cancellation of railroad orders that decreased their income. He also testified that Elizabeth transferred her own funds to make the payroll until the railroad released the north routes.
Nate gave another positive acknowledgment to Jarrod. The jury was sympathetic to Elizabeth in his estimation.
A grizzled sailor took the stand next. He was sworn in under oath. Elizabeth shook her head to her team and shrugged her shoulders. The attorney asked him, "Can you testify to the morality of Mrs. Beaufort while she lived in Bermuda?"
"Yes, I can" and he sneered at Elizabeth.
"Tell us in your own words please."
"She was known to all as a tart or a hussy. Her own Father used to complain to me that he couldn't control her. He didn't want her anywhere near his business. Women aren't fit to be running shipping companies. Her brother was ashamed of her. She enjoyed the attention of many men, I have heard say."
An audible gasp went through the room. The reporters scribbled away the testimony in their tablets. "Order, Order in this court! One more outburst and I will clear this courtroom", bellowed the Judge.
"It was so bad that the church "she was raised up in" kicked her and her sister out."
The uproar was louder this time. Nick's voice could be heard above the rest. Elizabeth just shook her head in confusion. "Who was this man?"
"That's it. Clear the court except for the attorneys and one observer from each side. I am calling a brief recess and a counsel from each meets me in my office NOW."
Jarrod sent Ben to chambers and Todd to ask Nate Springer to be their one observer on their team. He looked at Elizabeth, "Think, sweetheart, think. Who is this man?"
"Jarrod, I don't know him. His last name is Jernigan? Can someone ask Isabella, she might know?" Nate volunteered to go find her sister.
Nate came back, "Your sister doesn't know either. She doesn't think he ever worked for your Father and she's never seen him before either. I assume he's a paid witness with lots of gossips fed to him."
"He's doing some damage with the jury. Is it true about the church?" Nate asked.
She looked defeated, "Yes, after Papa and John died, I was told I caused people to sin by gossiping about me. The Lord didn't want people like me." and she tried to cry. Jarrod handed her his handkerchief.
The four men looked at each other, undone by her tears and ALL four lawyers wanted a "go" at him on the witness stand.
Ben had returned from chambers. "The judge is furious with the railroad. He had warned them about theatrics. He mentioned he has four daughters, twice as he was berating them. Crown apologized. He seems to be the only one who realizes they are damaging their case and it looks like a vendetta. The jury is still unpredictable but they are all men and likely fathers too. Elizabeth, I hate to mention this but...Ummm, it would be helpful to our case if you did cry on the stand if you… umm, feel the need. Or at least take the handkerchief."
Jarrod flashed an angry look. He hated her to be so vulnerable.
Todd added, "It's a very good point. Jarrod, I know you don't like it, but she has all of us tied up in knots right now."
Nate, "He's right, Jarrod."
"It's up to you, Elizabeth." Jarrod deferred.
"All I want is to go home to my daughter so I will consider it. I will at least take the handkerchief up there. I have never thought of myself as a wilting violet but how about a good swoon...and smelling salts too." She winked at them and they all laughed.
Meanwhile, in the opposing counsel room, the attorneys were arguing on how to proceed. Crown tried to get Hannibal to see it was going poorly. He was blinded with his hate for the Barkleys all the way back to their sire, Tom.
"Destroy her. Anyone who sides with them is hubris."
"Hannibal, I have been with you since the beginning. We have built this railroad and it is something to be proud of. We have done some things that caused men to die...even good men but I stood with you. The railroad is worth every ounce of sweat and blood it costs. Americans will look back and understand why we did it..for the good of the west. We can lose this battle and win the war...Hell, we have won the war already. We own this state from the governor down. Half of Sacramento is on our payroll. Washington DC doesn't meddle in the west the way they do the Vanderbilts. This skirmish is lost. Leave the woman alone."
"To hell with you Crown! GET OUT"
And Crown turned and walked out of the door.
Hannibal screeched at his attorneys, "Destroy every damn one of them!"
The court was brought back into session and Elizabeth was called back to the stand. She took the handkerchief with a private wink to Jarrod. She would do whatever it took to get this over with to get home to Camellia...and hopefully Jarrod.
The railroad attorneys came back with a fury. "Isn't it true that you don't even know the father of your child?" "Wasn't your father disowning you when he died for your moral failures?" "What chaperones have you put your sister under?" "Isn't it true you made improper advances to the clerks at the auction house?"
She answered each bizarre question and she did need Jarrod's handkerchief in reality. The railroad attorneys had decided to do anything they could to get her to crumble.
Jarrod had enough. He bellowed, "I object. There is no purpose for any of these questions. He is fishing and he has no witnesses to back up these claims except Mr. Jernigan which is purely hearsay."
"Sustained. I am warning you. Direct your questions to the issues at hand, the land sale, and the management of Beaufort shipping."
"With this Final question, we will rest our case...Mrs. Beaufort if that is even your name, do you unequivocally deny these allegations of immorality and the unknown parentage of your child? Before you answer and before you object Mr. Barkley, it is the position of our case that her moral failures cause an inability to think clearly and think through her decisions including defrauding the auction company, the blocking of the railroad to acquire its necessary land in our state, conduct business properly with her employees and as the weaker sex, make decisions that affect the whole state of California. Now please answer the question"
Elizabeth looked at them incredulously with her large green eyes. "May I continue without interruption, your honor?"
"Of course, my dear" and the Judge glared at the railroad attorneys. They even looked sheepishly at the judge and then back at the glaring Hannibal Jordan. Well, he was bankrolling this…
Elizabeth looked at Jarrod and the judge alternately and began with a deep breath, "Yes, I admit to many moral failures. In fact, scripture says that anyone who hates his brother commits murder in their heart. I am feeling that way right now."
The jury and the judge laughed.
"I sold the deed plain and simple to Heath Barkley for a silver dollar to honor his older brother Jarrod for saving my brother's life in the war. I paid the auction clerk in cash that I had received earlier in the week from a shipping overage from a captain that is now out to sea. He would be here to testify if wasn't in the Pacific. And that is the jest of it, your honor." and she shrugged her shoulders and looked at the judge wide-eyed, and softly smiled.
Jarrod smiled into his hand and nodded his head slightly at her. Nate beamed.
"Since I heard you announce it was your final question, counselor, I accept your motion to rest. I adjourn until Monday and the Beaufort attorneys can have the floor." and his look dared them to disagree.
Hannibal left the court with his lawyers cursing. He sent for his head foreman of the men he hired to cause a ruckus in Stockton. They were nowhere to be found. "Mr. Crown paid them and sent them packing on the afternoon train an hour ago."
Nate was headed out to the ranch after accepting Victoria's dinner invitation. He stopped by Jarrod and whispered, "You, my friend have found a rare gift. But I pity you the day you cross her, Hang onto her, Jarrod" he genuinely laughed.
Nick overheard the exchange, "He would be a damn fool to let that get away from him". They all laughed.
Jarrod took her hand, "There are reporters outside. They will pepper you with questions. Just say no comment until the trial is over. I will be right by you."
He looked around and shut the chamber door. "I was so proud of you today." and he kissed her soundly. She returned his kiss.
They headed outside and when they reached the door, she dropped his hand noticing the crowds from the window. He promptly took it back, "You aren't getting away from me" and he proudly walked her to the buggy.
She picked up the now-dried rose from the seat. She would keep it forever along with the pink one.
They were the last ones to leave the courthouse. His very public show of hand-holding made the evening news edition, exactly the way he wanted it to.
A ranch hand met them on the road as they took their time riding back to the ranch. "Your little girl has been hurt real bad...you need to hurry. Doctor Merar is already there."