The Rescue 2

Author's Note: Prior to 1900 (1835 – 1899) ballistics involved simple observation, physical matching, caliber determination from an examination of the shape and size of a projectile, and experiments. It wasn't until after 1900 that the science of firearm and tool mark identification was recognized by numerous judicial (law) systems in several countries around the world. From: THE HISTORY OF FIREARM AND TOOLMARK IDENTIFICATION By: James E. Hamby, Ph.D.

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A week after her arrest, a trial was convened and Kitty was put on trial for her life with Judge Henry sitting in for an ailing Judge Brookings. A fact that worried Matt tremendously. He was the one that sentenced Pruitt Dover to hang a couple years prior, despite the lack of real evidence of his guilt. And he had shown more than once that he cared very little for Matt Dillon or his views on the law. The cards were not stacked in Kitty's favor.

The theory, put forth by the prosecutor, an obese and rude man named Meesler Ship, was a simple one. Kitty had arranged for Vic Treager to meet her in her office after the saloon was closed. Vic came with the intentions of something personal happening between them, but Kitty had other ideas.

After sending her bartender home early, she had gone to her office with the clear intent to kill and rob the man that had been pestering her. The facts that the murdered man's pants were unbuttoned and his pockets were empty were proof of that, according to Kitty's accuser.

He espoused the opinion that after plying him with whiskey and making him believe she was willing to be intimate with him, she pulled the gun from her drawer to shoot him. But, according to the pompous man, who waddled around the room as though he owned it, Vic wasn't as drunk as she had thought and he fought with her for the gun. Somehow, in the struggle, the weapon went off, killing Vic Treager and knocking Kitty Russell back where she hit her head on her desk, rendering her unconscious.

Kitty's attorney, an astute, though inexperienced, young man named Jeff Stafford, did his best to mitigate the evidence. He pointed out that Kitty had, on many occasions and quite loudly, told Vic and his partner, that she wanted nothing to do with them. She would never invite one of them to her office. He also brought out the fact that Kitty Russell was a wealthy woman in her own right and had no need to rob Vic for his money.

He wanted to point out that if there had of been a struggle, Traeger's death would more than likely be an accident, rather than murder. But to say that, he would have to say that she had invited Vic to her office and pulled the gun in the first place and Kitty was adamant that she had not.

Kitty in fact stated clearly, loudly and often that the events, as portrayed by Meesler, had not happened. But her continued protests seemed to work against her. Many of the people in Dodge, including some of the jurors, believed the old adage that states, the one who protests the loudest is usually the guiltiest.

Stafford got Sam to admit that many times, Kitty had sent him home before the work was completely done when it had been a long day or the weather was bad. The fact that she did so, on the night of the murder, was no proof of any evil intent of hers.

But on cross examination, Sam also admitted that once he left the saloon, he had no way of knowing what his employer did. She could very well entertain men in her office, or her rooms, and no one would be the wiser, though Sam insisted that he was positive she did nothing like that. 'At least', he said silently to himself, 'not anyone but the Marshal.'

Stafford also put Matt on the stand to testify as to Kitty's character and try to offer alternative answers for the evidence presented. But when Ship got up to cross examine him, he twisted every one of Matt's answers to make Kitty seem even more guilty, several times going over the line in Stafford's opinion.

But when Stafford would object, Henry, without fail, would overrule him and allow Ship free reign in his questioning. It seemed to Matt that he was actually trying to get Kitty condemned and near the end of his questioning he stated so, vehemently. His outburst though, helped Kitty none at all and earned him a contempt of court.

"That's about what I have, Your Honor." He said as he left the stand. "Contempt."

After the evidence was presented and the instructions given, Judge Henry sent the jury out to deliberate and decide Kitty's fate. They weren't out for long. The next morning, Matt sat stoically beside Kitty as the jury filed back into the courtroom, having signaled that they had come to a verdict. Twelve men who had sworn to judge Kitty, not by her reputation nor by her past, but by the facts of the case. Matt wondered how seriously they took that oath.

Glancing over at Kitty, he saw what he expected; her face though pale, thin and void of most of her makeup, was composed. She wore no discernible expression, even when someone in the back of courtroom, most likely Quaid Hill or one his bunch, shouted obscenities at her and called her a murdering whore.

Matt stood up when he heard the shout and angrily scanned the courtroom, as had Festus, but neither of them could ascertain who it was that had spoken and the guilty party spoke no more.

Once they were in their seats, the jury foreman handed a piece of paper to the bailiff, who then handed it to the judge. Not a sound was made as the judge read the contents of the paper and then looked down on the defendant. For several moments, he said nothing. Then finally, he sat back and took off his glasses, wearily rubbing his eyes before placing them back on his head and addressing the jury. "This is unanimous?" He asked.

"Yes, your honor." The foreman replied, studiously avoiding even a glance at the defense table.

"Very well," Henry said. "Kitty Russell, will you please stand for the verdict?"

Stafford stood first, followed by Matt who took Kitty's arm and helped her up. He could feel her trembling as he did, and so, instead of releasing her, he held on tighter.

Kitty gave him a brief, grateful smile, but gently took her arm out of his. Her message was clear. She would do this alone.

Henry studied her for a moment then turned his attention back to the jury. "Mr. Foreman, in the case of the State of Kansas against Kitty Russell, what is your verdict?"

Slowly, the man turned and stared at Kitty before redirecting his gaze back to the judge. The one look was all Matt and Kitty needed. "We the jury, find the defendant, Kitty Russell, guilty of murder in the first degree."

The courtroom exploded. Shouts of anger and disbelief were mixed in with even louder shouts of joy that a murderer had been brought to justice. The judge had to bang long and loudly and finally threaten to clear the courtroom, before he regained control. As Marshal, Matt knew he should've helped in calming down the situation, but the only thing he could think of was Kitty.

When the noise finally settled down, Judge Henry eyed the defendant for several moments before finally laying the paper down on the desk and clearing his throat. "Kitty Russell," he intoned in a deep and foreboding voice. "In so much that a duly appointed jury of your peers…"

"They weren't her peers, Judge." Doc stood up. He couldn't take it and though he had promised her and Matt he would keep quiet, he could do so no longer. "These men don't have anything whatsoever in common with her. Their for sure not her friends."

"That'a boy, Doc." Festus chimed in. "Stay right in that buggy."

"Festus." Matt turned to hush him but several other voices joined his and once again the judge was left banging his gavel and screaming for quiet.

"Please!" Kitty yelled loud enough for everyone to hear. "Please everyone. Please stop. Let it go. Please."

Though her voice remained even, Matt could hear the anguish and he was tempted to pull her to him and reassure her with a kiss that she would be okay. But he knew he couldn't. Instead, he settled for a reassuring hand on her arm.

When the noise once again died down, the judge started again. "Miss Russell, in so much as a jury has listened to all the evidence in this case and found you guilty, I am now prepared to sentence you. Before I do, however, do you have anything you would like to say to this court?"

Kitty raised sullen, dry and unblinking eyes to the man who would now determine whether she hung or spent the rest of her life behind bars. In a loud yet gentle and calm voice she looked him straight in the eye and said, "I am not guilty, your honor. I will accept whatever sentence you give me, because I have no choice. But I will never accept guilt that I do not own."

The judge gave her a long and thoughtful look before finally nodding. "Very well. Since you have been found guilty, and you do not show any sort of remorse for your actions, I have no choice but to sentence you to hang by the neck until dead. In two day's time, you will be transported by stage to Hays City where your sentence will be carried out the next morning."

He paused, as he saw her sway just slightly on her feet. But as the Marshal was bolstering her and she didn't look as though she would faint, he nodded his head and banged loudly one last time on his gavel.

"Court is adjourned."

TBC