Once Upon A Time: Deal With The Devil, Part Fourteen

By Rebekkalee Mouri-Hibiki

Mr. Gold perked up as Emma walked back into the courtroom, her file folder firmly in hand. She went to where Spencer sat and held it out for him to take it. " Here's the witness statements. "

Spencer opened the folder and frowned, " Four? "

Emma nodded, " One from Ruby, one from Mr. Gold, one from myself and one from August Booth. "

Mr. Gold sat straight up in his chair. Emma hadn't mentioned the stranger had been at the crime scene. He hadn't seen him either. " Booth? " Mr. Gold arched an eyebrow. " You mean the stranger? "

Emma glanced at him, " Yeah. He was coming out of the diner when Ruby screamed. "

" I see, " Mr. Gold frowned. He had been thisclose to the stranger and didn't even know it. That bothered him... it bothered him deeply.

Emma turned back to Spencer, " Just read them. "

Spencer frowned, " If you think I'm going to believe the statements of a harlot, a snake, an incompetent and some random stranger, you're fooling yourself. "

" Hey! " Emma's tone let Mr. Gold know she did not like being called an incompetent. " I dotted all of my I's and crossed all of my T's on this case. I did my job so don't call me that. "

Mr. Gold got up and stood by her side, " I can vouch for her, DA Spencer. She followed every procedure to the letter. "

Spencer frowned, " Fine. I'll read them. "

" What is all the commotion our here? " A man's voice attracted everyone's attention. Mr. Gold and Emma looked over to see the judge was standing in the doorway that led to his chambers. He was a short chubby bald man with glasses.

He wore his judge's robe but he hadn't zipped it up yet. He had on a gray wool suit under it with a white shirt and red tie. " We are supposed to be having a trial here very shortly. "

" It's nothing, Judge Cates, " Spencer said. " Just the two of them trying to stall for time. "

Judge Cates came over, " How are they stalling for time? "

" They claim that Kathryn Nolan is alive, " Spencer said. " Sheriff Swan says she suddenly appeared behind Granny's cafe this morning. "

Judge Cates blinked and looked at Emma, " Is that true, Sheriff? "

Emma nodded, " I have a picture and witness statements but that's not enough for DA Spencer it seems. "

Judge Cates looked at Mr. Gold, " And what do you know about this? "

Mr. Gold sighed, " I know that I saw Mrs. Nolan this morning and she looked very much alive. It was only briefly though. She was rushed to the hospital shortly after I arrived. "

Judge Cates looked at Emma, " May I please see this picture you claim to have? "

Emma reached into her jacket, pulling out her cell phone. She opened the picture and held it up for Judge Cates to see. He squinted at the picture and Emma sighed, " It's not the best but I had to take it. I knew no one would believe me otherwise. "

Judge Cates furrowed his brow, " It DOES look like her. May I see the witness statements? "

Spencer handed him one of them. Judge Cates looked it over, frowning. He then looked at Emma, " Isn't Ruby the girl who found the heart? "

Emma nodded, " Yes but she went back to the cafe afterward. She decided being a deputy wasn't her thing. "

" I see, " Judge Cates nodded. He looked at Mr. Gold, " Did you say you got to see Mrs. Nolan yourself? "

" I did, " Mr. Gold nodded.

" Four witnesses can't be argued with, " Judge Cates looked at his watch. He frowned, " I think this needs to be explored further. I will go dismiss the jury and think about what should be done. "

Spencer glared at Judge Cates, " Dismiss the jury? " He said with an air of indignation.

Judge Cates glared back, " Yes, DA. I think there's more than enough evidence here to warrant a deeper look. I'll be back shortly. "

Mr. Gold watched as Judge Cates left then looked at Spencer, smirking just slightly. " I believe you've been overruled. "

Spencer slammed down the witness statement he was had in his hand and glared at Mr. Gold. He frowned deeply, " This isn't over. "

" But it will be soon, " Mr. Gold countered.

Emma took a sharp breath and looked at Mr. Gold. " The evidence... "

" Of course, " Mr. Gold said then looked at Spencer, " I would like to see it as well. "

Spencer nodded and pointed to a table covered with a sheet directly across from the jury box. " Everything is here. The jewelry box, the knife... "

" The heart? " Mr. Gold asked.

" No, of course not. There's a picture of it that Sheriff Swan took at the police station, " Spencer said. " The lab probably took tissue samples then disposed of the rest. "

" I see, " Mr. Gold nodded. " Not that it matters because she is alive... "

" IF she is alive, " Spencer said. " As I said before, that could be some woman that resembles Mrs. Nolan dressed in her clothes. "

Mr. Gold sighed then glanced at Emma, " I guess we're not getting through to him, Sheriff. We need to wait for Judge Cates. "

" Yes you do because you may have him fooled but I'm not buying it, " Spencer said firmly.

A few moments later, the jury room door opened again, Judge Cates stepping back out. " I have sent the jury home for the day. "

" Just for the day? " Emma blinked.

" Yes, " Judge Cates said. " I'm giving twenty-four hours to prove that this woman you found is the real Kathryn Nolan. Once it is confirmed, I will release Miss Blanchard and the charges will be dropped. Do you understand? "

Emma nodded, " I understand. "

" What kind of confirmation are we looking for, judge? " Mr. Gold interjected. " That isn't enough time to do a DNA test. "

The judge nodded, " I understand that but get her next of kin to identify her. She was married so get her husband to do it. "

Emma's eyes went wide, " Oh no. David. I haven't told David. "

Mr. Gold sighed, " He's probably heard by now. "

Emma moved towards the door, " Come on, Gold. We need to go find him and take him to the hospital. "

Mr. Gold nodded, " On my way. "

Emma left the room and Mr. Gold moved towards the door. Spencer reached out and grabbed his arm, stopping him. He glanced down at where he was holding him then at his face, " This better not be some trick. If it is, I'm bringing you up on obstruction charges. "

Mr. Gold shook his hand loose, " Good luck with that. "

Emma paced in the waiting room of the hospital. She was waiting for Doctor Whale to clear Kathryn for visitors. It seemed he ordered every test that could be run on her and probably some Emma didn't know existed. Mr. Gold was sitting in one of the chairs, lost in thought.

Emma glanced at him periodically, wondering what was going on in his head. She then questioned herself if she really wanted to know at all. She turned to make another pass when he stood up. " Emma, " He said quietly.

" What? " Emma looked at him.

" I'm going to go get a cup of coffee, " He said. He grinned mischievously at her, " Would you like for me to get you one? "

Emma arched an eyebrow. She had seen how he got coffee. No one said anything to him about it because he was the most feared man in town. She really could have used a cup but she wasn't going to have him steal for her.

" Do you? " He arched an eyebrow back at her.

" I would like one, " Emma said then dug some change out of her jacket pocket. She held it out to him, " But pay for mine, okay? "

Mr. Gold scoffed, " Oh yes. We can't have the good and pure Emma Swan stealing a cup of coffee can we? "

" Just take the change, Gold or I'll go get it myself, " Emma said.

Mr. Gold sighed as he put his hand out, " As you wish. "

Emma handed him the change, rather certain he'd just keep it then hit the machine anyway. She heard the swish of the automatic doors opening and looked up, seeing David had finally arrived. He rushed to her, " Is it true? " He asked sharply.

" I'm pretty sure it is, " Emma said. " Where were you? I couldn't find you anywhere. "

David sighed, " I went out to the woods to think and I got lost. My phone died and I had to find my way back on my own. When I got home, I put it on to charge and I got your message. "

" Oh, " Emma sighed. " Well, Doctor Whale's running tests but he hasn't cleared her for visitors yet. "

" So we just wait? " David asked.

Emma nodded, " Yeah. "

" And if that really is Kathryn in there, Mary-Margret will be cleared? " David sounded hopeful.

" Yes, " Emma nodded.

" Ah, " Mr. Gold was back. " Mr. Nolan. So nice of you to join us. "

" Uh hi, Mr. Gold. I was just asking Emma... " David started.

" Yes, yes. I heard you and Sheriff Swan is correct. Mary-Margret will be cleared of all charges, " Mr. Gold held the coffee cup in his hand out to Emma. " Your coffee, Sheriff. "

Emma took it, giving him a sideways look, " You paid for it, right? "

" Of course I did, " Mr. Gold said. He smirked devilishly, " You can pat me down if you don't believe me. "

Emma blushed, recalling one of the many dreams that she had of him. It was the one she had after arresting him on Valentine's Day. She frowned, " No. That won't be necessary. "

" Now, " He said. " I will go get mine. "

Emma watched him walk away then turned her attention back to David. He looked like he had a million questions and she didn't know if she could answer them all. " Would you like to it down? " Emma asked him.

" No. I'm too nervous to, " He shook his head. He frowned, " Where do you think she's been for so long? "

" I don't know, " Emma sighed. " Mr. Gold has a theory but I just don't know if it's right. Not until I talk to Kathryn anyway. "

David blinked, " Well, what's his theory? "

Emma sighed, " That it wasn't Kathryn's heart in the box and there was some mix-up at the lab with the test sample. "

" But what happened to Kathryn if it wasn't hers? " David asked.

Emma shrugged, " I don't know. Maybe whoever did this tried to kill her another way and it didn't work. Look, I have a lot of questions too but the only person who can answer them is still not able to see anyone. "

Mr. Gold returned, walking to Emma. " I just talked to the nurse. She said the last test results came in and we will be able to go in as soon as Doctor Whale looks at them, " He said then took a sip of coffee.

" Great, " Emma said. " I can't wait to get this over with. "

" I'll go wait by the doors, " David said. " I'll come get you when Doctor Whale comes out. "

Emma watched as David walked away then looked at Mr. Gold, " How long did she say it would be? "

" She said it might be awhile yet, " Mr. Gold said. " Why don't you take a seat and enjoy your coffee before it goes cold? "

Emma sighed, not wanting to argue with him. She really needed to sit down because she had been pacing since they got to the hospital an hour before. She was also hungry, unable to get anything because she had been so busy. She glanced at the snack machine then decided against it, knowing he wouldn't approve.

She sat down and took a sip of her coffee. She narrowed her eyes and glanced at Mr. Gold. He frowned, " Is there something wrong? "

" My coffee, " Emma looked at it.

" Is it cold? " Mr. Gold reached for it. " I'll get you another cup. "

Emma pulled it away, " No. It's... perfect. "

Mr. Gold smiled, " I do pay attention, my dear. "

" To everything it seems, " Emma said and took another sip. She was very sure nothing escaped his soulful brown eyes... even things she had hoped to keep secret from him.

" It's amazing what one can learn if they just sit back and watch, " He smiled then took a sip of his coffee. He swallowed then looked at her again, " You didn't mention the stranger was at the cafe this morning. "

Emma took a sharp breath, " I did. At the courthouse. "

" Come now, " Mr. Gold said. " We were together all morning after than and you failed to mention it until then? Were you meeting him there for some reason? "

" No. He was coming out when I was going in, " Emma replied. " We talked for a minute and then that's when Ruby screamed. "

Mr. Gold nodded, " I see. "

Emma took another sip of her coffee then furrowed her brow, " Why are you so suspicious of him? "

Mr. Gold quirked his mouth, " As I told you before. He's a stranger in town. I don't trust strangers. "

Emma recalled the conversation, deciding to not tell him the stranger had been helping her with the case. She wasn't for sure how he'd take it. She remembered the look he had on his face at the courthouse when she mentioned his witness statement. " Oh yeah. "

David came back, motioning over his shoulder. " Emma, Doctor Whale says he wants to see you first. "

" So he's done? " Emma stood up.

" I guess so, " David nodded.

" Okay, " Emma nodded. " Don't go anywhere. I really need you to tell me if it's Kathryn. "

David put his hands up, " I'll stay here. If it is then... "

Emma watched as David blinked, not sure what to say next. " We'll deal with that later. Just stay here. "

Mr. Gold stood up, " I'm going with you. As Miss Blanchard's lawyer, I have a vested interest in this. "

Emma went to the door where Doctor Whale was standing. He looked up from the chart in his hands when she approached. " How is she? "

Doctor Whale grimaced then shrugged, " Other than exhausted, dehydrated and hungry, she's okay. We've got her on IVs trying to get her fluids back up and I want to keep her here for a couple of days at least for bed rest. "

Emma furrowed her brow, " Any evidence she was attacked? Any marks on her throat or head injuries? Stab wounds? "

Doctor Whale shook his head then put his hand up, " Wait. I take that back. There's a needle mark on her right shoulder. "

" A needle mark? " Emma questioned. " I wonder how she got that? "

Doctor Whale shrugged, " I don't know. At any rate, would you like to see her now? "

" Yes, " Emma nodded. " Where is she? "

" In a private room down the hallway, " Doctor Whale said. " I took the liberty of posting a security guard to keep curious people away from her. "

" Good idea, " Emma said. She looked at Mr. Gold, " Come on. "

Emma headed down the hall, stopping at the only room with a guard outside of it. The guard saw Emma and opened the door, letting her in. When Mr. Gold and her were both in the room, the guard shut the door. Kathryn was laying on the bed, her eyes closed like she was sleeping.

Emma hated to wake her but she needed her questions answered. She walked to the side of the bed, looking at the monitors that measured Kathryn's life signs. Her heartbeat was steady if not a bit a low, letting Emma know she was indeed asleep. " Kathryn? " Emma whispered, taking her left hand in both of hers.

Kathryn took a deep breath, opening her eyes and looking around the room. She then looked at Emma, " Oh my goodness. How long have you been here? "

" I just walked in, " Emma said. " I need to ask you some questions. "

" Sure, " Kathryn used her right hand to adjust the bed so she was sitting up. She looked over Emma's shoulder, " Why is he here? "

Emma looked at Mr. Gold then at Kathryn again, " I'll explain in a little bit. "

" Okay, " Kathryn looked a little unsure about having Mr. Gold in the room.

Emma let go of her hand and reached into her jacket, getting out her notepad, " I guess tell me what you remember. "

Kathryn nodded, " I wrote David a note and I left the house. I made it to the city limits and this huge deer jumped in front of my car. I couldn't stop and I went off the road. The air bag went off and it knocked me back. "

" Go on, " Emma wrote as fast as she could.

" I guess it knocked me out, " Kathryn said. " When I came to, I was on the ground and I heard this scraping noise, like someone was digging. Everything was blurry and dark so I didn't get a good look. Next thing I knew, this figure in black was over me with this hunting knife. "

" Was it a woman? " Emma kept writing.

" I don't know, " Kathryn said. " I couldn't see. All I saw was the knife. "

" Okay, no problem. Did they speak? " Emma asked.

Kathryn shook her head, " I didn't give them a chance to. I kicked their legs out from under them and stumbled to my feet. When I was steady enough, I ran like Hell. I ran through the river and up the embankment. "

" And up the embankment, " Emma repeated as she scribbled it down.

" I turned to see if I was being followed and the ground under me gave way, " Kathryn said. She sighed, " I hit the ground and got back up. I ran until I couldn't run anymore then I crawled. I hid myself as deep as I could so that person couldn't find me. "

" And I guess you got yourself lost? " Emma asked.

Kathryn nodded, " Yes. I don't even know how long I was down there trying to find my way out. I couldn't even find the place I fell through. "

Emma nodded, " And how did you find your way out? "

" The last of it all is such a blur, " Kathryn sighed. " I don't remember but I must have finally found my way out and somehow ended up at Granny's. "

" Obviously, " Emma wrote the last part down.

Kathryn frowned, " You said something about people thinking I was dead... "

Emma nodded, " Uh, yes. You were missing for so long. "

" Oh, " Kathryn said. " I guess I'd think that too. "

Emma looked at the heart monitor again, seeing that Kathryn's heart rate had risen a bit. She sighed, " I know this sounds ridiculous but I need to verify it's you. "

" Verify it's me? " Kathryn looked confused. " You're looking at me, Emma. "

" I know and so does Mr. Gold but we need validation by next of kin, " Emma braced herself.

" You mean David? " Kathryn asked.

Emma nodded, " Yeah. "

Kathryn sighed, " I suppose it will be alright but just for a minute. I don't know if I can handle seeing him for too long. "

" I will go get him, " Mr. Gold said. Emma watched him as he left then turned back to Kathryn.

Emma was puzzled by the look on Kathryn's face. " What's wrong? "

" You still haven't told me why he's here, " Kathryn said.

Emma sighed, " He's acting as the lawyer for the person that everyone thinks... well, thought killed you. The trial was supposed to start today. "

" And if I'm alive then that person will be set free? " Kathryn said slowly.

" Yeah, " Emma nodded.

Kathryn looked at the bed for a long moment then at Emma again, " Who is it? "

Emma sighed, " I can't tell you. "

" I need to know, " Kathryn demanded. " Who was going to go to jail if I didn't come back? "

Emma frowned, " Mary-Margret. "

Kathryn gasped, " You think she would have... "

" No. I never did, " Emma said. " Just... everyone else did. And there was evidence but it was wrong. "

" I don't think Mary-Margret would hurt a fly much less another human being, " Kathryn said.

Emma saw Kathryn's heart rate was getting faster and she looked like she was getting light headed. " Lay down, lay down, " Emma said as she looked for the button that would lower the head of the bed.

Just then, the door opened. Emma looked to find it was Doctor Whale, Mr. Gold and David. Doctor Whale looked angry, " What did you do to her? "

" Nothing, " Emma said. " We were talking. "

" Well she needs to rest, " Doctor Whale said sharply.

" This won't take a moment, " Mr. Gold ushered David into the room.

David stepped around Emma, gasping when he saw Kathryn. " Oh my God... you ARE alive! "

" David, " Kathryn whispered.

Doctor Whale's frown deepened, " That's enough. Get out! "

Emma grabbed David by the arm, " Let's go. We need to take you to the courthouse. "