Judge Brooker called the court back to order, while keeping a watchful eye on the doctor who sat next to him. Before Brooker officially reconvened the court he leaned on the table looking at Doc who was wiping his brow with a cloth. "Doctor Adams...are you sure you want to go through with this right now...I mean today?"
Doc nodded and pulled himself back up in the chair. "I do your honour..." His voice was steady and solid although he physically looked weak and exhausted.
Kitty, Matt and Festus had returned to their seats. They kept a watchful eye on Doc. Kitty held matt's forearm for support and reassurance. Matt gently placed his large hand over her's and closed it warmly. Their eyes met and both knew that Doc was going to do his best despite the pain he was suffering.
Brooker rapped his gavel on the wood block in front of him calling every one to order. "Let's get on with this. Mr Kelly, please understand that Doctor Adams is here as the court's friend and that he is not the one on trial. And please make sure your questions are relevant...and finally, please understand that the good doctor is not well." Brooker's eyes cut Kelly.
William Kelly drew in a deep breath before answering. "Yes, your Honour..." His eyes turned toward Doc's. Adams sat quietly and waited for the next round of questions. He watched the young lawyer with interest. He knew that at the drop of a hat he was going to ask questions about his reliability, eye sight, age...anything that might make him look like he didn't see what he had. Inwardly Doc was afraid that he might slip up and miss something but outwardly he wore a stone cold face and a look that only his closest friends recognized - it was not one to be messed with.
Kelly hooked his thumbs into his fancy vest pockets and sauntered toward Doc. He was all os a sudden looking pretty smug for a defence lawyer.
Doc watched him with caution. He leaned forward slightly changing his physical position from relaxed to one more defensive with his hands clasped in front of him and his elbows on the chair arms. His shoulders were forward like his might spring into attack. Doc's eyes narrowed as he watched Kelly promenade.
"Doctor Adams...the defence wishes to apologise for it's last questions that lead to your attack of health. Which begs me to ask...are you actually well enough to testify?"
"I most certainly am. I'm a doctor, I know my limits. Now go on, I can see it in your eyes. What do you want to know?" Doc remained unflustered.
Kelly looked back to the gallery of people in the room and then over to Jed Fleming who was still playing with each link of chain, almost willing one to break. Fleming's gaze still remained on the doctor, and even as his defence lawyer, William Kelly felt the icy stare run through him. He swallowed and tugged at his waist coat while clearing his throat and poising his next question.
Slowly he walked and stood in front of Doc. Kelly was no dummy. He saw the look on Doc's face and yet he'd been hired to do a job, and that was to free or at least reduce the death sentence for Jed Fleming.
"Doctor Adams...in your words, please tell the court what you saw on the night that Randy Brant was murdered." Kelly swung back and looked at the people in the room.
Doc ticked his head. "It was an ugly thing to see..."
Kelly turned quickly back placing his hand firmly on the desk. "From the beginning, Doctor..."
Doc nodded. "I just got back from a call...out to Huge and Lucy Clarke's...they had their first born that night. A healthy baby boy..." Doc scratched his chin. "And as I got back to Dodge, Festus informed me that there'd been a fight...and that Mr Brown was shot. He tried to stab the marshal..."
"What time of day was it?" Kelly asked.
"About ten I guess." Doc shrugged.
"About ten? You're not sure?" Kelly pushed.
"No I'm not sure. If yer asking, yes it was dark out...but plenty fo light on the street..." Doc's eyes narrowed and he noted Kelly's face. He knew the young lawyer was going to try and use the night and his eye sight as the leverage. "Go on..." Kelly said flatly.
"After I got done caring for Mr Brown, who was locked up at the jail, I bid farewell and started to leave...that's when I stepped out on to Front Street and heard the ruckus coming from just inside the livery. As I approached I saw one man beating another, and I heard a snap...just like a dried twig..."
The courtroom was silent and all in the room hung on every word that was spoken. "Then what, Doctor Adams?" Kelly asked.
"I saw that man over there had beaten the other man mercifully..." Doc hung his head in sorrow and shook it. "He threw him to the ground without remorse..."
Jed was now leaning forward in his chair. His jaw muscles tightened. "That's a lie! That old pill pusher is making this up!" The room was alive and full of murmuring. Matt watched Fleming with great interest. Fleming looked like a caged animal looking for a way out. The bailiff ordered the room to regain composure and slowly it did.
"What was the snapping sound you heard, doctor?" Kelly leaned toward Doc.
"It was Randy Brant's neck." Doc said as bluntly as the question was asked.
Kelly straightened himself and walked away from the bench thinking of an angle. He scratched his temple when Fleming stood and yelled at him, "What the hell are you doing? That old quack is lying! Make him tell the truth!"
Kelly was taken back by Fleming's outburst. "Calm yourself Jed. We're in a court of law." He smiled at his client and quietly added, "I'm not done with the doctor yet."