*Author's Note*
Thank you for all the follows, favs, and reviews.
Countersuit, Mid-January, 1881
Jessa POV:
I was in the livery's office, sitting at the desk and going over paperwork. I was alone in the office since I sent Todd to go pick up a shipment of pigs I had coming in from out of state. Johnse was helping out by going to the railyard in Charleston with Todd. Johnse was very helpful these last couple of weeks. He was running his shine business around me and Shaw's livery business, which he didn't have too, and I was grateful for the help. All Johnse would say when I thanked him was 'No need, Jessa. He'd do the same for my Roseanna and if it weren't for him, I don't even know if I'd had the guts to make her my wife. I owe Shaw, always will in a way too.'
Also, Allie was being very supportive too. She also watched the babies without any complaints and she even seemed happy when I told her about my pregnancy. She said 'Looks like our babies'll grow up together. Hopefully they'll be girls so they can become best friends like us.' I was happy that our friendship seemed to be back on track. Allie's husband, Cap, was even being nice to me. I mean he invited me and the kids to stay for dinner a couple of times so he was making an effort to be friendly. I still thought that he was a bit cold and imposing, but oh well…
I was about to fill out some paperwork for some livestock (from one of Shaw's contacts in Nebraska) whenever the door opened with the bell chiming and signaling that somebody had walked into the office. I looked up only to see Jim Vance slamming the door shut behind his large body. "How's that chair workin' out for ya?" He asked, pointing towards the large wooden chair I was in while making his way over to my desk. His dog, Mr. Howles, was right on his heels. Oh my god, he brought that dog everywhere.
"Pretty good, but it's a bit big." I honestly told the large mountain man as he made his way over to my desk.
"That's cause I made it wit' Shaw in mind." Jim told me as he took a seat in one of the chairs that were in front of the desk. "He's gonna beat his charges an' get freed as soon as that dumbass judge over in Pikeville sets his court date." He said a bit over confidently as he leaned back into his chair and giving his dog a quick pat on the head as it sat down next to him.
"I don't know about that, Jim." I sighed worriedly. Jim gave me a questioning look with one of his brows arching high off his head, causing me to reveal the heavy news of, "He still won't budge about forbidding me to testify on his behalf."
"He's just tryin' to protect your reputation. Shaw knows as well as anybody else that Perry Cline's a skunk that'll try an' make ya out t'be some kinda hussy instead of a young lady trapped at under the thumb of her wardens."
"I can take care of myself; he doesn't need to protect me from some shyster lawyer. Especially when my testimony'll alibi him."
"I don't doubt that ya can take care of yourself," Jim chuckled before continuing his sentence with, "but as your man Shaw feels it's his place t'protect ya from harm." He took his flask from his pocket and uncorked it while telling me, "He ain't ever gonna stop bein' like that so ya better just get used to it."
Slightly nodding me head, I sighed, "Oh, I see."
Jim took a long drink from his flask and asked, "Well, t'morra's the countersuit 'tween Shaw an' Tolbert. Ya ready for that?"
"I guess, I mean I don't really have a choice. It's set for tomorrow so…" I trailed off, leaning back slightly in my chair and folding my arms over my chest.
Tilting his flask at me, Jim told me in one of those look at the brightside type tones, "At least you'll get t'see Shaw even tho he'll be brought in shackled and chained."
"Yea…" I sighed, feeling a bit mortified at the thought of seeing Shaw in shackles and chains. Of course I wanted to see him, but seeing him restrained like a criminal was going to be hard.
Tolbert POV:
Today was the farce of a countersuit wit' me an' that Vance Bastard. I was both livid an' nervous 'bout it. I couldn't believe he had the nerve t'sue me for $500. Who the hell has $500? No way in hell was the damage I did worth that much. $50-or-60 maybe, but not no $500. Cheatin' bastard, steals my woman an' now he's tryin' t'steal my money too. Money, I don't even have.
Perry Cline an' most of my family was already in the Mate Creek courthouse whenever I arrived. I was hitchin' my horse up whenever I spotted Jessa walkin' towards the courthouse. Of course, she was here for this countersuit. 'Fore she could reach the doors of the courthouse, I stopped her by rushin' ov'r t'her side an' askin', "Jessa, can I have a quick word wit'cha?"
"No, Tolbert. I need to get inside and find a seat." She told me, tryin' to walk by.
"Yea, well, I got a few things that need said an' by god I'm gonna say 'em." I told her, grabbin' her by the arm an' forcefully draggin' her to the side of the buildin'.
"Tolbert, let me go." Jessa protested as I slung her ov'r to the side wall of the buildin'.
"Yer gonna listen t'me, darlin', whether ya want to or not." I told her, slammin' her back 'gainst the wall slightly. "This bullshit that Vance Bastard-" I began only for her to jut her chin up and snap, "Shaw. His name's Shaw Eldridge, not Vance Bastard, Tolbert."
I just rolled my stormy eyes at her 'fore continuin' my train o'thought wit, "Is doin' t'me ain't right. I don't got the kinda money he wants an' all I did was bust a few windows an' doors. He's the one that went off the deep end tryin' t'burn me alive in my cabin."
"I saw the damage you did, Tolbert, and it was more than just busting some windows and doors."
"Ya saw it? How?" I asked, my stormy eyes wide wit' shock. Why would she be in that livery for?
"I oversaw the repairs to the livery and I've been running it ever since Shaw's been in jail too." Jessa answered, actin' like what she was doin' was fine even tho it weren't She wasn't s'posed to be runnin' that damn livery.
"What? Jessa, that ain't fittin'. Ya shouldn't be doin' that." I told her, grindin' my teeth so hard they felt 'bout ready to crack.
"Don't tell me what to do, Tolbert. It's not your place anymore." Pushin' me 'way from her, she said, "Now, if you'd excuse me I'm going inside of the courthouse to support my fiance's claim against you.", 'fore rushin' by me.
"Jessa, listen t'me. Please." I begged, runnin' right behind her.
"Leave me the hell alone, Tolbert." She ordered as she reached the sidewalk right outside o'the alleyway.
Grabbin' her arm an' turnin' her 'round t'look at me I told her in a roar, "No, I wanna know why yer standin' by his side when ya know he tried t'murder me."
"He's my man and the father of-" She began to say only for me to cut her off wit' an angry seethe of, "Oh goddamnit, that's what this is 'bout, him bein' Silas' blood? Yer wit' him cause o'that." Shakin' my head, I pushed her 'way from me wit' a dark chuckle of, "Go to his side then, but ya remember that I was good t'ya an' didn't even have t'be since ya were knocked up wit' that Vance Bastard's bastard."
"Ah…" Jessa squeaked out as she lost her balance an' fell on the sidewalk.
Shit, I accidently made her fall. Damnit, I didn't mean for that t'happen. "I'm sorry, darlin'. 'Ere, let me help ya up." I told Jessa, offerin' her my hand while kneelin' by her side.
"I don't need your help." Jessa batted my hand away. Standin' up, she spat, "Just leave me alone, Tolbert." She let out a shaky breath an' held her side 'fore rushin' off to the courthouse doors.
Goddamnit, she must've bruised her side or somethin' in the trip an' fall. Hell…she's gonna be mad at me 'bout that for a bit.
Jessa POV:
I felt a sharp pain in my side as I walked inside of the courthouse. I wasn't dumb, I knew that the pain was most likely the warning signs of an oncoming miscarriage since I had fallen on my stomach when Tolbert pushed me. I was praying that the pain would subside and that I wouldn't lose the baby, but only time would tell. Quickly, I spotted Sully and Jim Vance sitting behind the plaintiff's table next to Levicy and Devil Anse. They were saving me a seat, one that'd place me behind Shaw (who was shackled with the Pike County Sherriff sitting by him) and in between Sully and Jim Vance.
Quickly, while clenching my side, I made my way over to my seat. Once I arrived at the front row, Sully got up to let me in while greeting me with a concerned, "Jessa, are you okay?"
"I just fell and have some sharp side pain, but other than that I'm fine." I honestly told Sully while taking my seat between him and Jim.
Shaw spun around in his chair (having overheard me and his dad) and gave me a worried look while saying, "What'd you mean you fell, babe? You're pregnant, you can't be fallin'."
I knew I had to explain what happened even tho I didn't want too. I let out a sigh, one mixed with a shaky breath since I was still bothered by the pain in my side, before telling everybody, "Outside Tolbert tried to talk to me, but I told him to leave me alone. He got mad, pushed me, and I tripped and fell over my feet."
"Tolbert McCoy better pray ya don't lose that baby otherwise he's gettin' snapped like a chicken neck." Jim Vance told me in a very serious tone.
"That ginger fuck…" Shaw shook his head, his voice low and angry.
Devil Anse was just smoking on his pipe while looking ahead and waiting for Judge Wall to come out. Levicy just shot me a soft look, one that portrayed she hoped I'd be alright, before whispering something into her husband's ear. Devil Anse just nodded, but had a hard unreadable look on his face.
It was at that very moment that Tolbert walked down the aisle towards the defendant's table, where Perry Cline was sitting. Brenton Landon was taking the easy way out; he was sitting with Randall and Sally in the front row. It made him look good to the McCoys, but also good to Sully since he wasn't at the legal table.
"Jessa, are ya a'ight?" Tolbert asked me after stopping by my row.
Before I could utter a word, Shaw darkly threatened Tolbert, "Start prayin' to whatever you believe in that she is alright cause if she ain't, well you won't be either.", while trying and failing to rise up from his seat (since Sherriff Maynard shoved him to sit back down).
"Shaw, stop it. This isn't helping your case." I ordered him with a narrow look, one a mother would use when scolding a child.
Jim snickered with his lips curling over his tobacco stained teeth"Jessa ain't none of your concern, ya shit turd McCoy." Jim snickered with his lips curling over his tobacco stained teeth. He leaned over me slightly and made a snapping gesture with his hands while telling Tolbert, "Now move 'long 'fore ya get snapped like a chicken neck."
"Jesus take the wheel…" Sully muttered under his breath while doing a face palm.
"I'm fine, Tolbert. Just go to your table." I told the redhead, hoping that he'd listen to me and leave or else a brawl might be erupting.
"I'll talk t'ya later." Tolbert told me 'fore walkin' off.
"Like hell you will, ya ginger fuck!" Shaw shouted at Tolbert, trying to get up only to be roughly pushed down into his seat by the sherriff.
Oh my god, Shaw's going off the deep end cause Tolbert pushed me. Oh god… Why is it that every time those two are by each other they start shit and try to fight?
Sherriff Maynard forceably shoved Shaw back into his seat while giving him the warning of, "Shaw, sit down or else I'll stick ya back in the paddy wagon for an early trip to jail and you'll miss this countersuit hearin'."
"Calm down, hun. I'm fine, I promise." I told him between a few deep breaths as I felt the pain in my side begin to dull.
Shaw's brows knitted together as he studied me, trying to gauge my pain level. "Are you sure? Cause if not, please go see Doc."
"Shaw, I'm fine. The pain's dulling; it was just a scare." I assured him with a thin smile. Shaw just nodded, accepting my answer, and turned around in his seat.
Brenton POV:
"This is a sham. A sue 'gainst my son in a Hatfield court's only gonna go one way. We all know how unfairly McCoys get treated in a Hatfield court." Randall ranted and raved next to me as his son, Tolbert, walked by us (after stopping to say a word to Jessa, which was stupid since she's by Jim Vance and Shaw, and getting' threatened) and over to the table Perry was at.
"It'll be fine, Randall. You'll see, the lord'll get us thru this." Sally assured her disgruntled husband while rubbing his arm in an attempt to calm him.
Randall gave his wife a dirty look before ranting, "It ain't gonna be fine, Sally. Y'know how unjust this court is wit' the judge bein' Devil Anse's own brother."
"Randall, it is what it is. Don't fret over what we can't change." I told him, trying to sound helpful even tho I was annoyed by his rants.
Perry turned 'round in his seat only to tell the ranting fool next to me, "Yes, Ole Rand'l, leave it in the lord's hands. He will see to it that the sinners get theirs in the end."
"When's this farce of a trial gettin' started?" Tolbert asked impatiently before adding in, "I gotta go check on somethin'."
"Tolbert, harrassin' your ex-common-law wife isn't somethin' ya gotta do." I bluntly advised the boy in a dry sigh.
Perry's eyes turned into the size of saucers. "What? You're not bothering the fiancé of the plantiff and the suspect in your case are you, Tolbert?"
"Of course, he is, Perry. Boy's got it bad for her, much like how ya got it bad for Roseanna, who by the way is on the second row with her husband, Johnse Hatfield." I told my brother-in-law, making sure to point over to the object of his unrequited love at the end of my sentence. She sure did dodge a bullet there. Johnse's younger than Perry, prolly more lively then the dull lawyer too.
"Shut up, Brenton." My brother-in-law ordered in a snap, giving me a deep and cutting look.
Tolbert let out a sigh 'fore tellin' us, "I ain't botherin' Jessa. She fell earlier, outside on the sidewalk, an' I'm just worried 'bout her since she seemed t'be holdin' her side."
"Concerned or not, stay 'way from her." Randall sternly order his son. Tolbert open his mouth, ready to protest, but was shut up by his father barkin', "She's already done our family 'nough harm, no need for more t'come down on us cause of her harlot's ways."
Sally's expression went blank and she got that eery look that usually crossed her face whenever she went into a seer's trance. Ah shit, she's havin' a vision. Not good, so not good since we're in the Logan County Courthouse waitin' on Judge Wall to walk out of his chambers. Blinkin' her eyes, Sally came out of her trance lookin' like she'd just seen somethin' horrible. Ah, wait, she did just see somethin' horrible. Leanin' forward, Sally frantically told Tolbert, "Leave Jessa and Shaw the hell alone. If not, you'll do somethin' that they'll both hate ya for; even want your head for."
Oh wow, I wonder what she saw? Whatever it was it wasn't good. Perry looked over his shoulder at me, his brows quirked in an 'uh oh, crazy Aunt Sally saw something' type gesture.
"Ma, stop it with yer crazy seer rants. It's horseshit." Tolbert grumbled, rollin' his eyes dismissively at his mother. If he's smart, which he clearly ain't, he'll listen to his mama.
Tolbert POV:
"All rise for the Honorable Judge Wall Hatfield!" The bailiff announced as Judge Wall walked out of his chambers an' over to his chair at the judge's bench. Great, this bullshit trial's underway now.
As soon as everybody rose up Judge Wall motioned for us to sit while sayin', "Sit, so we can get this over with. I know that many of ya got better things to do then be here." Yea, actually I did have better things t'do. "If any of ya'll didn't know, this is a bench trial meanin' that I'll hear both sides and then make a ruling."
"Told ya the court here's corrupted by Hatfields." Pa grumbled from 'hind me.
Gesturin' towards my enemy with the wave of his hand, Judge Wall told him, "Now, Shaw, go 'head and tell me why ya had John B. file this countersuit 'gainst Tolbert McCoy."
The Vance Bastard stood up, his shackles an' chains clinkin' loudly, and nodded at his judge cousin. "Hey, Wall, nice courthouse ya got here." Judge Wall just rolled his eyes, shook his head, an' let out a chuckle. "Reason I'm here, Wall, is cause Tolbert destroyed my livery on Christmas night. When I got to my office the mornin' after Christmas it was busted up and all the livestock was set free, costin' me hundreds in repairs and potential profits."
"Bullshit, no proof I did it." I blurted out, defendin' myself since I didn't wanna pay that shifty bastard no $500.
Pointing his gavel at me, the judge ordered, "You shut up til I say it's your turn." Putting his gavel down an' leanin' back in his chair, the judge looked at Shaw and asked, "Now, ya got any proof he's the one that damaged your livery or are you just goin' by a hunch?"
"I got proof. He left me a note confessin' to the vandalism in my office's kitchenette."
"Is the letter available to be entered as evidence?" The judge asked, causin' my heart to sink. Shit… Shit. Fuckin' shit, I forgot all 'bout leavin' that note. I was so drunk; I didn't think when I wrote it.
"Yes, Judge Wall." The lawyer for that Vance Bastard nodded while standin' up. Openin' up a folder an' holdin' up a the note, he told the judge, "As a matter of fact, I've got my client's letter from the defendant right here."
"Bring it here, I wanna see this evidence." Judge Wall told the lawyer, wavin' his hand at him in a 'hurry up' motion.
"You left him a note? Dear lord, Tolbert, are you an idiot?" Perry sniped, givin' me a deep glare that made me want t'knock 'im into next week.
"Just do yer fancy talkin' an' make sure I don't gotta pay the bastard." I ordered my lawyer cousin as my nostrils flared angrily.
The lawyer scurried ov'r to the judge an' handed him the note. Judge Wall looked ov'r the note 'fore handin' it back to the lawyer while lookin' at me an' shruggin', "Looks like I just read a written confession, Mr. McCoy." While the Vance Bastard's lawyer went back to his table and sat with his client the judge asked me in a sarcastic tone, "Have anything to add, Tolbert McCoy?"
"I was drunk." I honestly said, thinkin' it'd be my best defense, as I stood up.
Perry Cline stood up and abruptly pushed me t'sit down while tellin' Judge Wall in a quick, but slippery tone, "What my client means, Honorable Judge Hatfield, is that he was too drunk to write the note and it has to be a forgery."
"Hmm, I see." Judge Wall hummed. "Is there anybody here today that can read the note and verify whether or note it's Tolbert's handwritin' or a forgin'?"
"I can, Judge Wall." Jessa said 'fore standin' up an' addin' in, "I know what both men's handwriting looks like. I can verify if it's Tolbert's or an attempt."
"Jesus Christ, I just knew you'd do that lil lady." Judge Wall chuckled while shakin' his head.
God no, now Jessa's gonna testify 'gainst me. What have I done t'deserve this hell? I was good t'her, why'd he turn on my like this? Just cause Shaw fathered Silas ain't a good 'nough reason for me.
Shaw POV:
I turned 'round in my chair and pointed a finger at my fiancé while ordering, "No, Jessa, sit your ass down right now." When she didn't listen, but instead moved to stand at the table next to John B. to read the note, I pleaded in a whisper-hiss, "We don't need to win this countersuit this way, you don't need to become a witness. Please, sit down."
Jessa just waved me off and picked up the letter. After 2.5-seconds of lookin' at it she told Wall, "This is Tolbert's chicken scratch alright. He always slants his o's and slashes his loops instead of actually looping them to make letters."
"Well, Mr. Cline, seems like an expert of your client's handwritin' has confirmed it was him that wrote the letter." My cousin said in an eat shit type of tone while slightly tilting his head at Perry.
A wicked look appeared on the slimy ass lawyer's face and I knew, I just knew, that he was going to say something to try and make Jessa look unbelievable. I waited on baited breath for his remark. When the slick, but damning, remark of, "With all do respect, your honor, I wouldn't take the word of a golddiggin' strumpet to heart. She'll say and do anything to benefit herself and right now her lover and the father of her bastard winning a $500 suit is in her best interests.", came out of Perry's mouth the breath I was holding let loose in an angry and shaky sigh.
Damnit! This is exactly why I didn't want Jessa testifying. Last thing I need is her reputation ruined. How can my kids grow up respected in the Tug River Valley if their mom's labeled a golddiggin' hoochie? Yea, they can't. Not to mention I don't want my woman havin' a black rain cloud over her head when she's a good girl that just got stuck in a shitty situation. Fuck, 19th century people can be such judgmental assholes.
I was so pissed at Perry that I saw red like a ragin' bull. "Don't ya dare talk about her like that! You hear me, fuckin' prick, don't call her shit that she ain't!" I screamed at Perry Cline while trying and failing (since Sherriff Maynard had a vice grip on my arms) to barrel over the table and to the bastard that was slanderin' my fiancé (cause I wanted to punch him in the face…).
Perry Cline arched back in a defensive motion and his looked like he was about to swallow his teeth as I tried to break free from Sherriff Maynard. "Sit and calm down." The sherriff told me while shoving me into my chair.
Giving me a stern look, John B. gave me a quick lecture of, "I know you're upset by the remarks Mr. Cline made, but please calm down. This outburst is detrimental to your case."
I know that Jessa must've been hurt cause her jaw trembled a bit and her face blanched as her indigo eyes went wide with disbelief. Before she could try to say anything, my dad appeared by her side. Placing a hand on her shoulder, he softly told her, "Come on, let's go sit down. We don't need you under any stress."
Jessa just nodded her head, agreeing to let my dad take her back to her seat. Before being led off, she looked at Perry and told him, "Don't point a judgmental finger at me, Perry. You've got no right since you're just a shyster lawyer; not a man of god."
"Seems like ya sure do got yourself a strong backbone, Jessa." Jim Vance told my fiancé once Sully led her over to her chair. "Most woman would've cried over what he said, but ya held it together." Uncle Jim explained as Jessa sat down between him and my dad.
Turning around and looking at Jessa, I told her, "You might've testified today, but it ain't happening in Kentucky."
"Shaw, as your lawyer I have the final say so in who I have testifying on your behalf and she will be brought on the stand to alibi you."
"You saw what Perry just did. No way in hell can you put her thru that again." I lowly snapped at my lawyer thru clenched teeth.
"Shaw, if I have to testify to free you I will. My children need their daddy." Jessa told me in a determined, but soft tone. Goddamnit, of course she'll commit social suciude to free me in order for our kids to have me around. Damnit, why does she have to be so selfless. If I was in her shoes I'd refuse to testify and save my reputation.
I would've continued the argument, but didn't cause Wall's voice loudly sounded out in the courtroom with the verdict of, "From what I've seen and heard today it seems that Tolbert McCoy did indeed vandalize Shaw Eldridge's livery causin' damages that resulted in a loss of profits and high costs in repairs. I side with the plaintiff and hereby find you, Tolbert McCoy, legally responsible to pay the $500 in damages cost by time the year's up." Banging his gavel on the bench, he ordered, "Court's dismissed, now everyone out."
AN:
Uh oh, Sally had a seer's vision. What do you guys think she saw that made her give Tolbert that ominous warning? Anyways, that trial was something else. Shaw's trial's going to be even more dramatic when that time comes so… …