Telegrams.
5th Story in the Alexandra Series.
Summary: You wanted to know the why, the when and the how Alexandra came about. Well here it is. Adam receives a wire from San Francisco. He embarks on a journey with Alexandra to bring Katherine home one way or another. He recalls the events of the past along the way.
Disclaimer: I do not own Bonanza, or any of its characters. David Dortort and Fred Hamilton created them and played with them for 14 years. The series is owned by NBC.
Warnings: None.
Re-cap: While traveling to San Francisco Adam and Alex become acquainted with Parker Winston and his family, both families are helped on their journey of grief, understanding and forgiveness and Adam remembers the strength and endurance of a mother's love.
Chapter 11; Placerville. Diminished Responsibility
The ten hour stage ride to Placerville had been a lot smoother than their journey to Emerald Bay.. It wasn't as warm and as soon as Alexandra had settled, the lull and rock of the coach along with the cool cross breeze that blew through the windows put the child to sleep. She looked like an angel when she slept, thought Adam; not that he didn't like her lively and spunky nature, but he sure took advantage of the break. Alex had come a long way since their first meeting in Elk and the habits of her nine years living on the road and then the theater.
Adam had managed a good sleep after Alexandra and he had eaten the provisions that Nola had packed. The solid four hours that afternoon, was not all that comfortable, but exhaustion meant that he and Alexandra got a long rest. They'd picked up two more passengers at Pollack Pines, but still made good time. Adam was thankful that by eight o'clock that night they had all arrived safe and sound in Placerville. He was also thankful that the stage coach station was still open including the telegraph office, which was housed in the same building. Adam decided to send Parker's telegram while the operator was still there. They didn't have a lot of time in the morning, perhaps just enough time to eat and freshen up. By tomorrow night they would be on the paddle steamer to San Francisco.
Adam copied out the telegram he needed to send on behalf of the Winston's.
The telegraph operator read the note back to Adam.
Overland Telegraph Company...
To; Hon Judge. V. R. Carey.
c/o San Francisco. County Court; City Hall
Kearny Street, Portsmouth Square
San Francisco.
Father not arriving Wednesday stop Letter to follow stop Parker, Jeffery and I together stop Residing in Emerald Bay. stop Thank you Papa stop.
Your loving daughter Evie End
"That's fine," said Adam and handed over two dollars. "Keep the change."
The man smiled. "Thank you, sir."
"You're welcome," said Adam. "The hotel still down Main Street?" he asked.
"Sure is sir, this one ain't burnt down, yet. Cary House got an inside bathroom an all. Cost you an extra fifty cents for a shave and a bath. A dollar if you want a bath in yer room; be more private fer your little girl," smiled the young man.
"Thank you. Come on, Alexandra," Said Adam and held out his hand.
Alexandra yawned as she took Adam's large warm hand. "Okay dad, but what about some raspberry liquorice? You promised I could have some iffin I sat real quiet on the stage. And I did."
"That you did. But, I doubt they will have some at the hotel. We'll have to get food sent to our room at this late hour. If you're real good we might get some hangman's fry for breakfast."
"What's that?"
"Eggs, bacon and crumb fried oysters..."
"Yuk! Dad," said Alex with a grimace, "Can't I have raspberry liquorice for breakfast instead?"
Adam laughed. "Let's move now, it's late, we have to be up early in the morning."
By eight thirty that night, Alexandra and Adam had eaten and a bath had been delivered to their room. Adam stood at the basin, shaving while Alexandra bathed. He would have to shave again in the morning, but at least his morning beard could be attacked quickly, if he shaved now as well.
"You almost finished, Alexandra?" He asked.
"Yeah Dad, how come I had ta have a bath anyways? I done had three baths in two days!" she groused.
"I thought you liked hot baths?" he commented as he scrapped the shaving cream from his face.
"I do, but not every day, Dad. You ain't gonna wash my hair again?"
"No, but it needs a good brushing to get that dust out." Adam put down his razor and finished washing his face, then dried it. He grabbed a fresh towel for Alexandra and tossed it over the chair. "Dry off and put your night dress on. I'll lay out your clothes for tomorrow."
Alex clamoured out and dried off while Adam unravelled their fresh clothes from the bags he'd sat on his bed. Alexandra slipt the nightdress on and then went to help her father.
"Can I wear the blue one, Dad?"
"I think the green one will be warmer Alexandra. It's cooler in Sacramento."
"I hate green."
"I know, bad luck. Here, bloomers, camisole, two petticoats... "
"One!" bargained Alex.
"Two! Tights and... your shoes; they should be dry by now, though you should have packed them separately," said Adam, as he rummaged looking for the shoes that should have been at the bottom of Alex's valise... "Shoes? Alex, where are your shoes?" he asked when he couldn't find them.
"I'm sure they're dry now, Dad."
"I'm sure they are too, so where are they?"
"Probably still on the back porch at the Leeder's Station."
"Alexandra you told me you had to wear your boots because they were wet?"
"That weren't no lie dad. They's was too wet ta wear and too wet ta put in ma bag. Guess I'll have ta wear my boots with the green one Dad. Too bad the bonnet don't match."
"The bonnet matches your dress, Alex."
"But not my shoes, Dad. Tote purse, shoes and bonnet dad, the golden rule of threes that should match in an outfit."
"Who told you that?"
"Dunno, but it makes a right lot of sense, don't it. My top should match my bottom," explained Alex.
"Maybe I should purchase you a red bonnet then, because that's going to be the colour of your bottom very shortly," he warned as he got up and walked towards her.
Alexandra jumped and pole-vaulted to her single bed across the room. Before she could get safely under the covers, Adam aimed and delivered a quick sharp slap to her backside."
"Ouchie wah wah," screeched Alex. "Gosh dad, I didn't mean ta leave my shoes. They's was wet is all."
"Really, you didn't plan this because you don't like wearing them?" he asked sceptically
"I don't like wearin' them that's true Dad, but I was thinking that I hate the green dress even worsa, so iffin I wanted ta sabotage that, then I would put my shoes in, because iffin I'd done that, then my green dress there would been too dirty ta wear, not to mention my two petticoats. Come ta think of it I done missed me a golden opportunity."
"Hmmm... Alright then. Go to sleep now."
"You mad at me?" asked Alexandra.
"Nope," said Adam, and knelt down beside her, before leaning over and tapping her nose.
Alexandra giggled, then all of a sudden flung herself at Adam and threw her arms around his neck. She smothered him in kisses and then mumbled in his ears. "Thanks dad. I love you."
Adam was about to respond, when he felt the wet tears from her checks trickle down his neck. "Hey what's with all the tears?" he asked.
"Happy tears, they are dad, and worry tears too, I guess. Happy I have you and I'm going to see momma real soon, but scared."
Adam stood up; taking Alexandra with him, then sat on the edge of her bed and put her down on his lap. He wrapped his arms around her. "I'll be with you Alexandra. We can do this together, but if you decide not to want to see your mother that's okay too."
"Okay...I really want to see her... I'm sorry daddy."
"About the shoes?" frowned Adam.
Alexandra swung her legs to and fro as she sat sideways on her father's lap. "No, dad. I was thinking about what happened to the Winston's. It's like when I first met ya, when momma was on trial. I'm sorry I didn't trust ya. I didn't know you was helpin ta save momma from being...you know. I thought you... I didn't know you were my daddy. I didn't even knows you were the Adam Cartwright that momma and molly had talked about. Theys never told me that you were my daddy, jist said that iffin anything ever happened to them I was ta find you; that you'd look after me. But..." Alexandra looked up into her father's eyes, then gently ran her small hand along the ridge of Adams jaw. "Well I shoulda trusted ya that's all."
"Hmm," mused Adam. He took her small hand and kissed it, then placed it back in her lap, keeping a gentle hold on it. "Molly should have told me about you earlier. I guess she didn't trust me either."
Alexandra nodded and then started to swing her legs again, concentrating on what she had to say. "At first she just wanted Momma outta jail. She figured then things could go back the way they were. I was supposed ta stay out of sight. Stay with Brother Sebastian at the orphanage. Most of the time I had to stay there, jist in case those nosey biddy bodies from the woman immortality or something board..."
"Morality Board," corrected Adam.
"Yep them. Momma was always afraid someone was gonna try and take me from her; made me afraid too. That's why I dressed liked a boy. Only a few people knowed I was a little girl. Momma said they would take me away fer sure ififn they thought I was a girl, cause they don't trust theater people. Then Molly wasn't sure what they would do iffin they found momma guilty. So I had ta stay with Brother Sebastian. I near went crazy with worry."
"That why you sneaked into town?" asked Adam, rubbing the length of Alex's arm.
"Yep, I done visited momma at the jail, but she told me ta run; ta hide. I thought she was mad at me. Now I know it was because she was scared that Frank Garner Hallett was watchin' me."
"Yes, we know that now, but I also think your Momma or Molly didn't want you in town in case something went wrong with the trial. You should have done what they asked you," said Adam pointedly.
"I only went inta town two times, Dad; once ta visit momma at the jail and the other on the day I saw you at the theater; later that day they took her away, I never got to say goodbye."
"You should have. I remember everything happened so fast. It was the day of the trial. I can't believe I didn't figure out who you were. I suppose we both were too worried about your momma."
"Do you think the judge will forgive momma, Daddy?" asked Alexandra, huge tears tittering on the lids of her bright green eyes.
"He has to this time, baby, the evidence is all there. Well I hope is there by the time we arrive."
"You worried it won't be?"
Adam brushed the last of her tears away with the pad of his large thumb. "No and neither should you, so no more tears. Roll over I'll rub your back. Then I intend to get a decent night sleep for a change."
"Okay, Dad." Alexandra yawned wide and rolled over onto her stomach.
Adam hummed away, rubbing wide circles around Alex's back. Within no time at all she was fast asleep.
Adam got up quietly and got his clothes ready for the morning. He undressed down to his short underwear slipped under the covers of his blankets, glad he had the bed to himself, and wouldn't be disturbed by Alex's tossing and turning. Adam put out the lights, and rested his arms above his head, trying to wind down and sleep. However, he was wide awake. The late afternoon nap that he had, meant he wasn't yet sleepy, yet. He tried to clear his head, but images of Katherine's trial made their way into his consciousness.
The knowledge that he now had, made the Images as vivid as if it was only yesterday and he had lived every moment from his and everyone else's point of view.
~oOo~
Flashback…
The trial began the next day at 2pm on the dot. The court room was packed. Several miners were there and then, what looked like the entire cast and crew and employees of the Star and Garter. Molly was present and had cancelled all shows until after the trial was finished. Molly appreciated the support from the Star and Garter employers as they had unanimously agreed to the cancellations. Neither Adam nor the doctor was in court during the attorneys opening statements. Katherine's lawyer, Gilbert Thurne hoped they would arrive soon. The doctor's testimony was going to strengthen his case as far as Katherine's mental state. However, he had no idea what Adam was up too. His brother Hoss had arrived and assured Gilbert that Adam would be there as soon as possible. He was waiting on a wire from some Governor; who was a good friend of the family.
Both lawyers submitted their opening arguments. The prosecuting attorney, Henry Leggart would be stipulating that Katherine De Foe had murdered Darcy Plummer without remorse and with malice afterthought. She was a woman who could well defend herself and her property. He tainted a seedy past history of the Star and Garter stating that it was not all that long ago that the establishment was known for much more than the sophisticated entertainment it now boasted. Additionally women like Katherine were accustomed to the extra attention and well rewarded for providing it. Women like Katherine De Foe were also well trained in handling clients who wanted such attentions for free. He would concede on the idea that Katherine did not plan Darcy's demise, but it was possible that when the boy entered her dressing room, wanting just a friendly, free birthday kiss an argument ensued and Katherine De Foe shot him.
The gallery erupted with discord and denials of such a scenario being the case, so much so that the judge had to slam his gavel down several times to regain quiet and order in his courtroom.
Gilbert had expected the preposterous accusations from Leggart, even though there was no way the prosecutor could prove them. However it was Gilbert's mission to get to the truth and refute all of the sordid suggestions that Henry Leggart could conjure. He argued that Katherine had no reason to ruthlessly or carelessly kill Darcy, and that the charges of first degree murder be dropped. On behalf of his client he made the spoken plea for Katherine; not guilty to the charge of murder, her defence was based on Diminished Responsibility and an accidental shooting. Gilbert painted a very different scenario, to Leggart's. One where Katherine was startled by the unexpected arrival of Darcy and in the dark mistook him for someone else; someone that Katherine feared. He would make a case that revealed Katherine's developing nervousness, and relived the traumatic events of an incident ten years ago. Because of her history Katherine was not in a logical frame of mind when she mistook her young friend for an intruder or perhaps an attacker.
The judge called both lawyers to his bench and discussed the option of a lesser charge. Leggett reinstated his argument of the defendant's reckless indifference to an unjustifiably high risk to human life, describing Katherine as a woman with a malignant heart. Gilbert went into bat against the charge, pointing out that even if Mr Leggart could prove reckless indifference on Katherine's part, it would still only amount to a charge of Unlawful homicide, not first degree murder. The judge agreed and instructed the jury of the difference and advised them that they could vote on Miss De Foe's innocence or guilt of the lesser charge.
Good, thought Gilbert, relieved that now at least hanging was most likely off the table.
The prosecuting attorney was first. He called the sheriff who gave an account of his involvement of the night in question. The sheriff also identified the gun that was found with Katherine and Darcy that night. A gun that was allegedly purchased by Katherine some days before.
Katherine De Foe was clean and smartly dressed but she made no eye contact with anyone and stared vacantly into the room. Even as most of the witnesses re-called the night, she sat quiet and expressionless. Gilbert believed that the case could go two ways; it was obvious that the woman wasn't herself and that her mind was not right, or that she was a cold and uncaring person, who may have killed Darcy accidently, but had no remorse. Gilbert's task was difficult. While Katherine had many supporters in the town, her profession was still viewed as insalubrious. Gilbert intended to try and build a empathy for Katherine and make the jury aware of the symptoms of mental illness and the notion of Diminished Responsibility. To do that he would have to carefully cross examine the prosecuting witnesses and sway them as well as the jury.
On cross examination, Gilbert Thurne had the sheriff re-count the incident from the archived files over ten years ago, but the prosecuting attorney objected saying that it had no bearing on the case. Gilbert countered with a strong argument; his client was pleading not guilty due to diminished responsibility and that the incident ten years ago was a crucial point in Katherine's mental state at the time of Darcy's murder. The judge agreed that the reports of the episode could be submitted. Gilbert was again relieved.
Leggart then called his next witness. "I call Ivan Koslov to the stand."
Ivan stepped up to the stand and took the oath.
"State your occupation, Sir."
"I'm a magician at the Star and Garter Theater.
"Could you please describe what went on that night. The night of the ... ahh."
"The 16th, sir," clarified Ivan.
"Yes the night of the 16th."
"We were getting ready for the final curtain call, when I heard shots."
"Shots, how many?"
"Two, maybe three."
"Then what did you do?"
"They seemed to be coming from Katherine's dressing room which was also her office. I ran there. The door was open and Katherine was sitting on the floor cradling Darcy Plummer in her arms, crying."
"Did she say anything?"
"No, not that I remember; she was very upset."
"Come now, Mr. Koslov. Your statement to Sheriff Drummond says that you heard her say it was her fault that he was dead. The boy was dead; is that correct?"
"She was saying a lot of things. Katherine was crying and a lot of words were all jumbled up."
"Well, the sheriff here, recorded several sentences... like; my fault he's dead... hide, hide. What was the, hide, referring too; the gun perhaps?"
"I didn't hear her say that," scowled Ivan.
"Well someone did, what do you suppose she meant?"
"Objection!" shouted Gilbert. "The witness says he heard no such thing. Requesting his opinion of something he did not hear is inadmissible as a witness testimony."
"He's right Mr Leggart. Stop with the dramatic sir and get to the facts," warned the Judge.
"Yes Your Honour. Finally, Mr Koslov, you managed the Star and Garter ten years ago. Did part of the services offered by the establishment include activities of those found in 'Sporting houses?"
"No sir, these activities stopped once Willameena took over and I started managing it," answered Ivan.
"Not even a little extra trade done here or there Mr Koslov? You can't expect the jury to believe that those services just stopped over night. Wasn't it the reason Miss De Foe and her mother were attacked in the first place?'"
Ivan wasn't going to be drawn into a damning of the Star and Garter's past or Willameena for that matter. "I am not aware of Frank Hallett's motivations for attacking Katherine or her mother. In the years, I managed the theater and when Willameena returned, we supported this town's goals to put a stop to that activity. None of the cast, crew, employees of the Star and Garter, nor Katherine ever supported such activities or partook in them."
"Can you be a hundred percent sure, Mr. Koslov?"
"Yes".
"You are?"
"Objection you honour the man has stated the facts, sir. Mr Leggart is badgering," called Gilbert.
"Yes Mr Leggart. Do you have another question?"
"No Your Honour."
"Very well. Your witness Mr. Thurne."
"Thank you, Your Honour. Ivan how long have you known Miss De Foe?"
"Since she was a young girl. I think she was about fifteen when she and her momma come to work at The Star and Garter."
"So you have known her a long time. Would you say she has been herself lately, Mr Koslov?"
"That's a hard one. Katherine was full of life as a young girl, but ten years ago, when that bas..."
"Sir, I'll remind you this is a court of law," cautioned the judge.
"Sorry Your Honour. Ten years ago, Katherine left her with her mother and Molly. She was battered and bruised; traumatised and not the young happy girl we had all known. I hadn't seen Katherine for almost six years before she returned with her family. She had matured. She was a little quieter, but reasonably happy and energetic. In the last few months she has been forgetful with her dialogue, lines and such, but, has also mentioned several incidents and recalling memories from the past, including her mother's death and the attack ten years ago. She has kept a brave face and marched on. She's a trouper. She has had several colds and fevers this year; nothing serious. But, the last week she had been a little nervous."
"Do you know why?"
"No, sir I didn't. But, it seemed to all come to a head that night."
"Objection!" yelled Leggart. "Your Honour; Mr Koslov says he' doesn't know what was bothering the woman, so how can he be of the opinion that it came to a head."
"Agreed Mr. Leggart. Mr. Koslov, you can give an opinion if asked, but otherwise stick to the facts."
"Yes Your Honour."
"So the facts Mr. Koslov, is that; in recent weeks Katherine was not herself. She was quiet forgetful and in your opinion worried. Is that correct?"
"Yes sir."
"The night of the shooting, you say it was just before the final curtain?"
"Yes."
"Miss De Foe's office, is also her dressing room, I believe; is that correct?"
"Yes Sir."
"How much light is there backstage there where her office is?"
"Not much, there were lights back stage for the set change, but other than that the lights in the dressing rooms are minimal during the shows."
"So it is conceivable that Miss De Foe may not have recognised Darcy until he was close to her?"
"Yes, that is possible. Katherine was always very jumpy about people entering her dressing room unannounced. She wouldn't have expected anyone to come calling, not unless there was a problem or the show was over, and in those instances it was always me or Molly who went to her dressing room
"Did Katherine have many visitors to her dressing room?"
"No sir."
"So Katherine would not have been expecting anyone?"
"Katherine would not have been expecting anyone, other than Cracker, who would be calling her for the curtain call."
"She was jumpy and would not have had a clear view of a visitor if they had been unannounced; is that correct?"
"Yes, that's correct. We all knew to knock and announce ourselves."
"Thank you; you may step down."
The prosecutor called his other witnesses. Several of the younger miners took the stand and told the jury about Darcy's good nature, his shyness around girls and in particular, his crush on Katherine. They spoke of an incident where he had stood up to one of the mine managers when safety was at risk. All of his peers said that Darcy did not flaunt the fact that he was the General's son nor expect any special privileges. One also spoke of an incident at the Star and Garter after one of the disgruntled mine workers; Graham Wilson had been fired by the General and beaten Darcy up as they were leaving the Saloon one night. Katherine had stepped in and had her barman kick the man out. Several other witnesses then relayed the same story about the night of Darcy's birthday. They had bought him drinks, and then dared him to get a kiss from Katherine. However, each witness damned the defence's case when each declared that Darcy was unarmed.
~oOo~
Meanwhile Adam had been at the telegraph office waiting for a response to his enquiry from Governor Stanhope. When it still hadn't arrived by 1:30, he told the clerk he would be back in half an hour. He headed over to the Star and Garter to have a look around Katherine's dressing room, thinking that perhaps there was something there they may have missed.
Adam found the front doors closed, and made his way around to the side stage door, hoping there was at least someone there that could let him in. He knocked and sure enough within minutes he heard shuffling. 'Cracker' as he was known to his friends and foes alike was the Star and Garters stage door manager. He had been the door man for over twenty years and was a crusty old character that could still scare the pants off an unwelcomed visitor.
He frowned at Adam. "What you want boy, Theater's closed; theys all over at the trial."
Adam tried not to laugh at the man's referencing him as a boy. He guessed the old man was just like his father, younger men must have seemed still young in their eyes.
"Yes I know, but you're not?"
"Someone has ta mind the place, sides I don't need ta see our girl... well broken. I saw her like that once before and I don't fancy seeing her like that again. "
"My names, Adam Cartwright..."
"I know who yer are. I remember yer," interrupted the old man.
"I'd like to have a look at Katherine's dressing room, just in case the sheriff missed something. It might help her case."
"Don't know what you'll find, but I have no objection to yer trying. Anything for Katherine. Go right ahead. Here I'll unlock it for you."
"Thank you' Cracker'; that's right?"
"Yep; real names Roland. My momma thought it was a cracker of a name. My father didn't..." the old man chuckled as he led the way.
The hallways were empty and eerily quiet. Adam tried to imagine the sounds of a busy backstage; sounds coming from the whispered chatter and calls from the stage manager; with actors dressed in colourful costumes passing each other in the corridors as they hustled smoothly backwards and forwards to their dressing rooms, in between scenes or costume changes. None of those sounds existed, now. Adam wondered if they ever would again if Katherine was found guilty of murder. If that was the outcome, would her presence remain as a ghost of the theater, like the many myths and tales in the history of the theater, like Mac... No Adam dare not even think the name. He wasn't superstitious, but he wasn't taking any chances either- just in case.
Cracker unlocked the door and held it open for Adam. "Here I'll leave yer to it. I've got some chores ta do. I'll be back, just holler iffin yer need me."
"Thank you, I will," said Adam as he moved into the room. The same room where he stood some ten years earlier; the same room where he had killed Frank Hallett after he had attacked Katherine and her mother.
Not much had changed in ten years, though the room had obviously had a fresh coat of paint and the dressing table a new curtain. But, the layout was much the same. The star dressing room was appeared large with the dressing table sat against one wall. Beside it under the window was a comfortable looking chair with a small side table. Several scripts lay on it under the delicate tear drop lamp. On the other side of the dressing table was a changing screen, where Katherine would have had the privacy to change into some of the colourful costumes that hung in the wardrobe that sat hard up against the opposite wall on the other side of the door. Next to that stood a full length mirror. Adam imaged Katherine spinning in the large open space in front of it, as she practiced her part. The floor was well polished in the centre and Adam noticed the difference between that space and the rest of the floorboards of the room. It was obvious that a large rug had once been there. It then dawned on him that it would have been damaged the night of Darcy's murder, and understandably removed. Another chair faced its twin framing the window and filling the corner space. It sat just in front of the secret vomitory that Adam had used that night to get to the dressing room. Adam moved and took a quick peek down into its depths. It too looked like it had been given a fresh coat of off white paint, though only half way down. The rest of the small tunnel entrance was painted black, so that the light would not splash out onto the side stage where it ended.
Adam started searching the drawers of Katherine's dressing table. The small drawer in the centre contained some make-up and hair pins. As he opened the side drawer, he suddenly felt a presence in the room. He turned drawing his gun in the same action, and pointed towards where he had imagined the presence to be. He listened carefully and noted the sounds of shuffling feet and breathing, then... a sneeze.
Adam aimed his gun towards the tunnel and moved sideways to get a better view of the shadows. "Come out of there with your hands up," he called.
"No, you put your hands up, mister robber, I got a gun trained on ya," said a small but confident voice.
Adam realised it was the voice of a child. He put his gun away. "Okay, I've put my gun away. I'm not a robber so you can come out of there now."
Alex small form rolled around the opening of the tunnel and aimed a small wooden rifle at Adams belly. "Iffin yer ain't a robber, what are yer doing in this here dressin' room. It's the star dressin' room. Nobody's allowed up here."
Adam looked at the small boy. He couldn't have more than about six or seven, dressed in an oversized pair of britches with suspenders over a red checked shirt. A bakers cap sat backwards the boys short blonde curls, so that the child could see. His green eyes pierced Adam's defiantly.
"Cracker let me in. I'm having a look around, that's all. I'm here ta help Miss De Foe," said Adam finding the little boys gumption humorous.
"How yer gonna help rummaging through her personals, mister. I think yer better leave," said Alex lifting the gun up.
"Well, little boy. I am trying to help, so you can put down that gun prop for starters. That gun isn't going to shoot anyone."
"How do you know it ain't real?"
Adam smirked, he had to admire the kid's nerve. He pointed to the imitation riffle in Alex's hand. "Because the barrel, which you have directly pointed at me is a solid wooden dowel. Now put it down before I take it off you. I could have shot you had I believed it was real, or hadn't seen you. You could have been anyone. Do you know how dangerous it is to point a gun at someone you don't know, sneak up behind them, even if it's not a real gun. I ought to take it off you and paddle your backside good. "
"Harammpft," scoffed Alex. "Think yer pretty smart don't ya. Jist cause this here gun doesn't shoot real bullets don't mean I can't cause some damage with it. Ivan The Magnificent and his beautiful assistant Delilah done taught me some self defence magic... this gun here is a magic gun. So how about you tell me what yer looking for and I'll just keep you in my sights, real careful while you just look."
"Who are you and why are you here at the theater in the first place?" asked Adam.
"Never you mind. I knowed these people and theys good people, so iffin yer tryin ta help... help, but stop askin' so many questions."
Adam figured he must have been the same boy that Brother Sebastian had been looking for the day before. An orphan interested in magic tricks and magicians hanging around the place whenever he could. The child obviously knew his way around and knew the theater and its people well. Still, Adam had just about enough of the kids sassiness.
While the prop gun was not a dangerous threat he didn't fancy getting jabbed or maybe even speared in the stomach with the hard fake barrel. He turned away in the pretence of continuing the search of the side dresser drawer. Out of the corner of his eye, he spied the boy dropping the pointed end of the prop slightly downward. Immediately he lunged at the pole end and grasped it, intending to wretch it out of the child's small hands.
However, Alex was also as fast, as he'd boasted, and performed one of the so called tricks Ivan had taught him. Instead of pulling the object towards him, he pushed it forward and down. Not expecting that move, Adam gripped harder and pulled the prop gun upwards. Unfortunately, the hard fake barrel end had been pushed between his legs and so as he quickly pulled up, he actually hit himself in his own groin.
Adam went down with both the pain and lack of air that had rushed of his lungs when the agony of said pain hit. He let go of the gun and Alex stepped back.
"Tol's ya, it could do some damage. Ivan done told me getting a good hit in yer nomads there can disable any man, big or small," gloated Alex.
"go...ahh...gonads..." gasped Adam.
"Huh? Wacthca say, mister?"
"They're called...ahhh... gonads... my testicles," bemoaned Adam from his kneeling position on the floor.
"Oh! You got yer own name for them have ya? My friend calls his; his Willy. Another friend calls him his little fella, said his ma calls it that cause its jist like his daddy's. I ain't got a daddy so I don't know what theys supposed ta be called or what theys even supposed ta look like," rambled the child.
"No they are called gonads," grunted Adam still trying to catch his breath.
Alex could tell the man was regaining his composure, still red in the face, except the red face now looked very angry as well, so Alex thought maybe the man had been misjudged and maybe some apology should be forthcoming. "Oh that's what theys called. I get ma words mixed up a lot, mister. I'm sorry I had ta do that, but its self defence ya know that, don't ya? Yer jist can't go around threaten a person without due cause, mister. Yer might have good intentions an all, but a body can't always be sure. My momma and my grandmamma always told me that."
Adam blew out a huge breath as he stood up, never taking his eyes of the boy. "I'm sure they did," he snarled as he moved back to the dressing table and looked into the side drawer. There he found a small packet of bullets, unopened; one hundred neatly packed bullets all there an accounted for. This was an interesting find and he put them in his pocket and decided to take them at once to the courthouse and hand them over to Gilbert. Katherine's lawyer was smart, he'd have some questions to ask when he called the gunsmith to the stand.
"Where yer going with them mister?" asked Alex.
"Over to the courthouse. And I suggest you get back to where you're supposed to be before you get into any more mischief."
"I ain't been no mischief, jist protecting things here that's all," said Alex with indignation as he waved the wooden prop rifle around again.
Adam suddenly grabbed it out of the child's hand. "I said, get now," he growled and landed a heavy swat to the kids baggy britches. "That's for the knock to my groin."
"Ouch- chi- wha- wha. Hey, you got no right. Don't ya like kids or somethin?" asked Alex, rubbing the seat of his rump.
"Oh, I like children, but not sassy little boys who shouldn't be hanging around places like this in the first place," he said adding another swat. "Now get going, I've got plenty of work to do." Adam turned the child around and pushed him towards the door.
Alex pushed back against the pressure the tall man with dark hair and very animated eyebrows discharged. Alex tried to shrug him off, not willing to get yet without some more answers. "You gonna get Katherine out of jail?"
"I hope so," said Adam.
"Promise?" asked Alex as she turned her big trusting eyes up at the man.
Adam's heart nearly melted for the kid. He could see the build up of tears appear on the boys lids. He could well imagine how a little kid, who had no one, could have built up an affection for these people. He supposed they were like a real family to him. "I can't promise, but I'll try kid."
"Okay, can I have my gun back then?"
"Maybe, jist don't go hitting anybody with it."
"Hmmm, I was thinking maybe I could fool the sheriff and try and brake Katherine outta jail. But I reckon..."
Adam arched his eyebrows."You try that, young man and you'll be lucky if you don't end up getting shot, killed or end up in jail yourself. And if none of that happens..." he added now with a warning and heavy frown, "I'll track you down and wail the living tar out of you. Even a fake gun is nothing to play around with."
"You got funny eyebrows, ya know. Anyone ever tell you that?" said Alex.
"Yeah, lots of people. Now go! I need to get to the telegraph office and then to the court house, so scat...And stay out of town until the trials over."
"Hmmm," said Alex, then grabbed the gun and ran.
Adam shook his head as he headed back down the corridor and out the front of the theater. He ran into the telegraph delivery boy, half way down main street. The boy handed him his long awaited wire. Adam smiled when he read the telegram. He subconsciously patted the pocket of his jacket as he made his way to the court house, armed with two bits of new evidence that may well strengthen Katharine's defence.
~oOo~
The final witness for the prosecutor was the General. The General was a strong witness. The jury empathized with his dignified description of his son's character. He portrayed his boy as a hard worker despite being the son of the wealthiest mine owner in the Elk region. The General described how his son wanted to learn the mining business from the ground up. It was Darcy's idea to start as a new, unexperienced miner. He wanted to understand all aspects of the business and thought it was important to know the work from the perspective of the everyday miner. He was a loyal friend to many of the young boys of the town and had grown up with them over the last four years. Darcy was smart and knew the strong bonds he made with these people would also mean loyalty from his future work force.
On cross examination Gilbert asked, "Can you tell me how the firing of Graham Wilson came about, sir?"
"Objection, that has nothing to do with Darcy's murder or Katherine De Foe's motives," called Leggart.
"What motives?" countered Gilbert, "So far you have not revealed any possible motives. Mr Wilson held a grudge against Darcy. I am just trying to ascertain if Darcy's so called innocent behaviour of that night, caused a women, in fear of her life, to shoot a supposedly unarmed man. We've established that Darcy had no enemies, lots of friends, including, I might add, Miss De Foe. But, I'm wrong aren't I General, Darcy did have an enemy; his name was Graham Wilson and he blamed Darcy for his sacking, am I correct?"
"Yes, but Darcy had no choice but to report him. And, Darcy wasn't the only one, some of his own crew complained to Wilson about one of the braces he had them set the day before. Several of the miners were concerned about its safety. He ordered them back to work. Wilson sacked one of the boys; one he knew needed the money for his family, one he knew would not fight back. Wilson wanted to set an example and display his authority. Darcy returned back to work that day, along with the others. While they were working, the brace slipped twice and twice they re-set it. They could have been killed! Darcy saw me at the end of the day and told me about the incident. I closed that tunnel and investigated. Wilson was sacked; the safety of my workers is very important to me."
The jury members smiled at the thought of the young man's heroics and sense of justice. The jury was made up of hard working people who had at one time suffered under uncaring bosses. The General was one of the best mine owners the town had seen in a long time, he cared about his workers and didn't tolerate bosses who were cruel and reckless. Darcy Plummer was a good young man who looked like he was going to follow in the General's footsteps. Gilbert needed to think fast, the General's testimony was calmly delivered yet you could tell how upset he felt about the loss of his son. The jury wanted to help him obtain justice. If the judge called for a verdict now, Gilbert was sure Katherine would be found guilty and possibly hung within twenty four hours.
"Thank you General. I was not suggesting that Darcy behaviour caused him to have enemies sir, just the opposite, however the fact remains, Graham Wilson held a grudge against Darcy. Would you say that is a correct assumption, sir?"
"Yes, I suppose."
"You suppose; good. Did Darcy tell you of the incident in the Star and Garter some weeks before, regarding an altercation with Wilson?"
"Objection Your Honour; again this has nothing to do with the night in question," countered Leggart.
"Yes Mr Gilbert, get to what you are alluding too," said the Judge.
" General, Miss De Foe insisted her staff eject Mr Wilson from her establishment. In fact, Darcy and Miss De Foe had a friendship, is that correct?"
"Yes, Darcy was smitten by the young lady; but it was nothing but a crush."
"Miss De Foe liked Darcy. Wasn't it Miss De Foe that stood up to Wilson that night and had her man expel Wilson?"
"Yes, the miners re-called that."
"Did Darcy mention that to you?"
"Yes, though he didn't go into much detail. I think he may have been a little embarrassed."
"Embarrassed; why?"
"He was just a boy, but he thought he should have been able to stick up for himself."
"He didn't feel shamed?"
"No, I don't think so, but he saw himself as a man, not a boy."
"A man of eighteen looking for a kiss on the night of his birthday; from a young woman he had a crush on, he thought getting that kiss could prove he was a man."
"Objection Your Honour. Darcy's character is not on trial here," called Leggart.
"Again Your Honour that is not my implication. Mr Leggart is twisting my inferences. I have no wish to win this case by defaming the young man, nor Katherine De Foe for that manner. Darcy was a healthy, bright and moral young man; is that correct, General?"
"Yes."
"I agree, we heard nothing to say otherwise, however what I am trying to establish is Katherine's motive. There is none," said Gilbert towards the jury. "I seek justice without condemnation of either Darcy nor Katherine. Perhaps, Darcy turning eighteen, dared to approach Katherine, unannounced. Darcy would not have known of Miss De Foe's dislike of being startled by unknown callers or her recent "jumpiness". He would not have realised how the darkness intensified her fear. I am suggesting that Darcy surprised Katherine late that night and she accidently shot whom she thought was an intruder, or Wilson." Gilbert turned back to the General in the witness box. "Knowing of your son and Katherine De Foe's friendship, General, do you think that this is a possible scenario?" asked Gilbert.
"Perhaps, I really cannot say. Darcy was very protective of Miss De Foe; Katherine and Molly and little..."
Just then both Adam and the doctor appeared in the court room. They both moved towards Gilbert Thurne. Adam kept his eyes on the general, as he handed Gilbert the telegram he'd received. Adam also handed over the unused box of bullets. Doctor Williams, went to add his information, but was stopped when the judge slammed down his gavel.
"Mr Thurne, have you finished with this witness? You are holding up the proceedings."
"I beg the courts forgiveness your Honour. I would like to submit these two items into evidence, Your Honour." Gilbert handed the items to the judge.
"Very well, Mr Thurne, now if you would indulge us to what they mean?"
"Yes Your Honour. I have one last question for the General."
"Thank you," said the judge, somewhat annoyed.
"Finally General, you have seen quite a bit of action in your time. There have been several military cases where men exposed to long battles and trauma have acted impulsively in situations. How does the military regard these men, often good soldiers who have acted out, even committed a crime. What is the military's view of such situations?"
"Such incidents are treated the same as in the civilian courts," said the General.
"Yes, but with one exception. Diminished Responsibility is considered a reasonable defence, is it not?"
"Yes, there is a trial; by their peers. If it can't be proven those found guilty are convicted of their crimes. Those that are found totally innocent are discharged honourably, those where there are some...inconsistencies are charged with a lesser offence , if found guilty they are then dishonourably discharged from the military.
"But not imprisoned or hung? asked Gilbert.
"They are not hung Mr Thurne or stood in front of a firing squad, however if the crimes were of a particular violent nature then they will also serve time in a military prison."
"Objection Your Honour. The general is not a witness for the defence, nor an expert witness on Diminished Responsibility."
"Mr Thurne, where is this going?" asked the judge.
"Your Honour, I have declared my clients plea as not guilty due to Diminished Responsibility and already stated in my opening argument that the condition does exists, and has precedents in a court of law. I do not have an expert witness, but the General has firsthand knowledge of such a defence. His experience and knowledge is welcomed Your Honour, and the closet thing we have to an expert witness," explained Gilbert.
"He has experience with the military. This is a civilian court and therefore has no precedent," countered Leggart.
"I disagree," said Gilbert calmly. "There has been a recorded case of Diminished Responsibility involving a civilian. Isn't that correct, General?"
"That is correct."
"Yes, Your Honour; If I may, I'd like to read the telegram that Mr Cartwright submitted."
"Go ahead Mr Thurne," said the judge as he handed Gilbert back the telegram
Overland Telegraph Company...
To; Adam Cartwright
c/o Elk Sheriff's department
Elk county
Utah
Civilian trial held 1840 Indian territories stop People V De Luca stop
De Luca found not guilty of murder of a military officer, due to mental state stop Leading witness for the accused Lieutenant Thomas Plummer stop
Governor .A. Stanhope.
San Francisco.
The jury's interest peaked, as Gilbert continued. "General you were a witness in this case. A case where a civilian was not found guilty of murder due to his unstable mental state at the time of the crime. You, more than anyone, would appear to understand that such a scenario is possible and it appears forgivable by law."
"Yes, Mr Thurne that is correct. It was a long time ago. Mr Antonio De Luca attacked a young officer who had been badgering him in a drunken state about the kidnapping of his wife and daughter by rogue Indians. Mr De Luca was exhausted and overcome with grief when we were unable to find his family. The soldier in question made a very unsavoury comment about the state of his family should they be found. A fight occurred and the young soldier hit his head during the altercation and died from the injury."
"The court found him not guilty of unlawful homicide based on the fact that the man was out of his mind with grief and fear, is that correct?"
"Yes not guilty based on Diminished Responsibility. The man was released to the custody of a mental institution until the courts were happy he was no longer a threat. I had witnessed the entire incident and had been with Mr De Luca over the five day search for his family."
"Thank you, General you may step down."
Leggart stood up. "That is the case for the prosecution Your Honour."
"Very well. Mr Gilbert the defence may call their first witness."
"Thank you, I call Declan Smith to the stand."
Declan Smith came and stood on the witness stand. He was sworn in and asked his occupation.
"I'm a Gunsmith."
"Mr Smith, is this gun you sold Miss de Foe two days before the murder of Darcy Plummer?" asked Gilbert handing the gun over for inspection.
"Looks like it," said Smith.
"Did Miss De Foe say why she wanted the gun?"
"Said she couldn't find her momma's old one. That she needed another one just in case."
"Just in case of what?" asked Gilbert.
"The woman didn't say, only that she just wanted to be able to use it to warn people, you know scare them off."
"Did you also sell her this box of bullets," asked Gilbert handing over the box of bullets that had been submitted earlier.
"I sold her a box of a hundred rounds just like that; don't know if that is the actual box, but it looks like it; got my stamp on it."
"Well they can't be admitted as evidence," snarled Leggart.
"If you let me continue."
"Fine," waved Leggart.
The judge frowned at the prosecuting attorney. "I'll remind you Mr Leggart this is my court and you will interject in the proper manner please. Continue Mr Thurne."
"Mr Smith, you are the only gunsmith in town is that correct?
"Yes sir,"
"Did you sell Miss de Foe a box of bullets to go with the gun?"
"Yes."
"A box of a hundred?"
"Yes."
"This box is unopened, none of the bullets have been used. It was found in Miss De Foe's dresser drawer. Did she load the gun in your shop, sir?"
"No I did. I didn't use bullets from the box, I used bullets I have in a jar on my counter?"
"Why?"
"It was before she purchased the gun and bullets. I was demonstrating how to load it."
"And after, she purchased both the gun and box of bullets?"
"I emptied the chambers and put the bullets back in the jar."
"You returned all six bullets to the jar?"
"I thought I did."
"You think, but you can't be certain?"
"Guess I could have missed one or two chambers. Miss De foe insisted I empty them; she didn't want to carry a loaded gun back to the theater. She seemed reluctant to load it all. Still I said she should. Guess I missed a couple of chambers while we discussed it."
"Thank you Mr Smith. Your witness Mr Leggart."
"Mr Smith, you do a good trade here in Elk. Do all your customers tell you the reasons for purchasing a weapon?"
"No, it's pretty obvious most of the time. People buy them for protection, hunting and such. Most people just chat away about why they need a gun."
"Miss De Foe, did she just chat away?"
"No, she was quite serious, nervy like."
"So she could have been lying about why she wanted the gun?"
"Could a been but..."
Leggart cut smith off. "Thank you that will be all."
Gilbert then called Molly De Foe.
Molly reiterated and supported several witnesses testimony when she described Katherine's wavering health and nervousness over the last couple of months. Molly also mentioned the altercation the staff had had with Graham Wilson, adding that Katherine was unnerved by the incident, especially when Wilson called her some objectionable and derogatory names along with the establishment. Molly also supported the notion that the bullets that had been submitted were most likely the same bullets Katherine had purchased. She had seen Katherine put both the gun and unopened bullets in the side drawer of her dresser that afternoon of the day Katherine had purchased it.
"You never saw her use the gun or take it from the drawer?"
"No I didn't."
"You say Miss De Foe was becoming more forgetful and reliving past experiences. Did that include the incident from ten years ago?"
"Yes. She mentioned it a couple of times. Katherine was brutally attacked by Hallett, she never really got over it. She was very particular about visitors and never really courted anyone."
"Yet she was very confident the night Graham Wilson came in causing trouble?"
"True, but she wasn't alone. The bouncers are used to having to deal with disgruntled or poorly behaved customers. Katherine could put on a very brave face."
"Thank you Miss De Foe. Your witness Mr Leggart."
"Miss De Foe. You and the defendant are sisters, correct?"
"Half sisters; same father."
"Hmm, very different mothers though it seems. Are you Illegitimate, Miss De Foe?"
"Objection Your Honour," called Gilbert.
Leggart ignored Gilbert and continued on. "Willameena De Foe was not your mother yet you carry her maiden name as does your half sister. An unusual family Miss De Foe. wouldn't you say?"
"Objection Your Honour!" shouted Gilbert.
Molly squared off at Leggart and his snide innuendo. "Willameena adopted me and raised Katherine and I together, when our father surrendered his parentage, Mr Leggart. I'd say I had a very, principled and loving family sir; not so unusual."
The court room cheered as Molly gave her proud retort.
"Order!" shouted the judge. "The jury will ignore Mr Leggart's defamatory remarks. Any more questions for this witness Mr. Leggart?," asked the judge"
"Just one, Your Honour. Miss De Foe, you said Katherine could put on a brave face. Is she a good actress? "
"Yes, but on the stage, you are another charac..."
Again Leggart didn't let the witness finish. "Thank you Miss De Foe, a yes or no answer will suffice. That will be all."
Gilbert then called Adam to the stand. Gilbert was hoping this would go well. Truth be known, he really didn't need Adam's testimony, as the sheriff had pretty much relayed the information about Adam's involvement in Katherine's attack ten years ago. However Gilbert wanted the jury to observe this man's strong sense of justice and integrity. That way they wouldn't question Adam's finding and submitting the bullets, which now strengthened Gilbert's argument that Katherine had no intention of shooting anyone. Adam's knowledge of Katherine's character was not only important for the juries sympathy but for someone else that sat that day in the courtroom with an even bigger decision to make; come the end of the proceedings.
Adam made his way to the stand and was soon sworn in.
"State your name please, sir."
"Adam Cartwright."
"Mr Cartwright, would you please tell us of your relationship to the defendant."
"Miss De Foe and I are friends, we developed that friendship ten years ago."
"A platonic friendship?"
"More than platonic, though we were just young adults at the time, but yes we courted over a brief few days."
"Mr Cartwright, the sheriff relayed the incident over ten years ago. Are there any details that you would like to add?"
"Yes I would. I was the one responsible for Frank Hallett's death over ten years ago. He was accidently shot as I wrestled a gun off the man just after he attacked both Katherine and her mother. The man was angry about Willameena, Katherine's mother, securing over fifty percent of his business. She had paid off debts and taxes owing on the establishment after Hallett had run up bills. Hallett was angry about that and more so that Willameena was going to put a stop to the 'sporting' house activities that many of the young girls were forced into."
"So you are saying that Willameena De Foe, was determined to run the theater as a legitimate business?"
"Yes sir."
"It's very good of you to come all this way to make such a character statement. You haven't seen or heard from the De Foe family for nearly ten years. Why now?"
"Molly contacted me. I had no idea that the family had moved back to Elk. But, when I received Molly's wire saying Katherine was on trial for murder, I was determined to help. Katherine was a lively and kind person. I could not imagine her ever purposely hurting anyone."
Gilbert smiled and then looked at Molly, and gave a subtle nod, before retuning his attention back to Adam. "So you must have also been surprised that she has not been well these past few months. She hardly recognised you is that correct?"
"At first she found it hard, but then she remembered me as well as the incident ten years ago."
"Yes . The sheriff files named you as the killer and in self defence. We appreciate the insights to Hallett's motivation of the argument. Now about the attack. Did you witness any part of the attack on either Katherine or her mother?"
"Some. As Katherine and I returned from a picnic, we heard shouting just before Hallett struck Willameena, and I heard more then again as I came into the room as Hallett was attacking Katherine."
"What did you hear?"
"Hallett was saying... Hallett was hitting Katherine and ripping at her clothes, saying he wanted to have her experience "the trade" as he called it," explained Adam.
"In other words Mr Cartwright, Hallett was attempting to rape Miss De Foe?"
"Objection, Mr Cartwright cannot know what was going through Hallett's mind," said Leggart.
Suddenly Katherine looked at Leggart; a single tear ran down her face. Until that moment she had been almost comatose. She looked at the prosecuting attorney. "Spread those legs and I'll show what a pretty little whore you are," she quoted with venom.
The jury gasped and Leggart went white. The judge called for order amongst a buzz of courtroom activity and voices. Again the judge slammed his gavel down with an ominous sound. "Mr Thurne, control your client," he ordered.
Katherine jumped up and screamed before hysterically bursting into sobbing racks of tears. "Adam, Adam help me please. Help momma...please...I'm yours."
Adam jumped from the witness box and ran to her side. He enveloped her tugging her in, her head close to the crook of his arms and caressed her hair; soothing her with softly spoken promises. "I'm here, he can never hurt you."
"Nevber... hurt me... or my baby, not a bastard, I won't tell, scare him, shoot him before he kills Adam," she mumbled indistinct words into his shirt as she sobbed inconsolably.
"Sshhh shhhs," chanted Adam.
"Shhhh shhhh," repeated Katherine, almost singing. "Hide and stay away until its safe. Until he's gone, shhhh Shhh," she whispered.
Adam sat her down and held tight to her hand, before turning back to the judge. "If I could continue from here your honour, it may help."
"Go ahead Mr Cartwright, consider yourself still under oath."
Adam turned to the jury. "I may not have known exactly what was in Hallett's mind that night, however, from his words, his actions and the distress that you just saw this young woman relive, I truly believed he was in fact attempting to do just that; rape Katherine De Foe, a fifteen year old girl in front of her mother. If I hadn't stepped into the room that night he would have succeeded in taking Katherine in a way no woman should ever have to endure. Knowing Katherine, she would have continued to fight, she would not have given in to him, not only to protect herself, but also her mother. Katherine De Foe would have died trying." Adam delivered the speech with calm and pride. Not an arrogant, presumptuous or intellectual pride, that Adam could sometimes project, this dignified delivery was of admiration and respect for this young woman. It was about his feelings for Katherine. His was proud of Katherine, of knowing her mother and what they had tried to do with their lives.
And the jury empathised. Gilbert could see it on their faces. He scanned the courtroom, he saw the same expressions on the faces of the General and most of the gallery. It was Molly's eyes that meet him for the third time. They locked for a brief moment and Gilbert nodded. Molly smiled and nodded back.
Gilbert faced the judge. "I have no more questions for this witness Your Honour."
"Very well, Mr Leggart, your witness."
"I have no questions Your Honour." Leggart was sure anymore emotional display by the defendant and the stoic reactions of Adam Cartwright would only cause to strengthen Thurne's case. He didn't have anything that Adam Cartwright hadn't already covered.
"Mr Thurne?" called the judge.
"Just one more witness your honour. I call Doctor David Williams to the stand."
Once the doctor was sworn in Gilbert asked his name and qualifications. He also asked him to reveal his years of practice and any areas that he specialised in. David Williams had had several years of experience in other mining towns and was especially interested in the aliments afflicted by miners and their families. He had arrived in Elk just over a year ago and had been compiling case studies on that very subject based on the miners of Elk.
"Is Katherine De Foe one of the subjects of your study Doctor Williams?" asked Gilbert.
"Yes, she is, though it was only recently that I suspected any correlation to Miss De Foe's symptoms and the mines. I had been concentrating on the miners and their families."
"What is Miss De Foe's medical condition Doctor Williams?"
"Miss De Foe presented to me some months ago complaining of headaches and forgetfulness. She had also been having re-occurring nightmares. I at first put it down to long hours of work, stress and perhaps the need for spectacles, as she does quite a bit of reading. However, while the headaches reduced in severity, none of her other symptoms diminished. I tested her eyesight and her results were excellent, however some spotting in her pupils had me concerned. Since the incident at the theater, I have done some further research. Miss De Foe is showing all the symptoms of lead poisoning, similar to those seen by miners, especially miners or their families that work and live in close proximity to the tailing pools."
"Miss De Foe isn't a miner, nor does she live near the tailing pools," stated Gilbert, knowing Leggart would most likely object or go down that line of questioning.
"True, but Miss De Foe has come into contact with lead, more so than any of her employees and in some cases more so than some of the families living near the tailing pools. Miss De Foe paints most of the sets and backdrops that are used in the theater. Before a new scene is painted the old large canvas backdrops are under painted with a white paint, needed to cut out any light coming through. That paint is made with lead. Miss De Foe would have been exposed breathing in the fumes and also by touching the paint. Then Miss De Foe came into contact with lead up at the rock pools at Hangover Ridge. While this is a clear natural spring, I found traces of lead, higher than usual there. It seems the third tailing pool from mine number 36 was dug too close to the natural water table there."
The gallery erupted in to fury of discussion, some comments verging on panic.
"Please!" shouted Doctor Williams. "Unless you have spent a lot of time there or swallowed the water from there, your exposure has been minimal. I have already spoken to the mine owners and the town council. The tailing pool will be closed down immediately, before anymore lead leaks into the natural water supply of this town. More to the point is that Miss De Foe has been doubly exposed to lead."
"What are the symptoms Doctor?"
"Loss of memory, lethargy; tiredness, mental instability, growth retardation, or deformities in unborn children and a number of other side effects. Miss De Foe symptoms have manifested as a disease or poisoning of the mind."
"So she could have easily believed her imaginings?"
"Yes sir, I believe she could. The symptoms also include a type of paranoia that I believe led to Katherine's anxiousness on the night in question. Then the incident itself; Darcy death has caused a complete mental breakdown."
"So is it in your expert opinion Miss De Foe is not at this moment responsible for her actions nor was she on the night of the 16th?"
"Yes sir, it is. Miss De Foe is not responsible for her actions through a mental incapacity."
"Thank you doctor. Your witness Mr Leggart."
"Doctor, so you are writing a paper on this very subject?" asked Leggart.
"Yes sir; with a Scientist in San Francisco."
"Oh, and is there any cure for lead poisoning?"
"Yes, and no. It depends how the poisoning has affected the individual. Lead poisoning has been around since the fall of the Roman Empire. They recognised the dangers then. It's why we have to take particular care with the waste of the mines. This town's population is fairly healthy, however there is black lung, and a low population growth, as well as most of the children of Elk that are small for their age. Once the lead is eradicated from the body, most patient's show a marked improvement, unless permanent damage has been done to particular organs or brain cells. It takes a while, but there have been several incidents where the patient is totally cured. One just can't put a time frame on to it, I'm afraid."
"Thank you, Doctor, that is all I needed to know. You may step down."
David Williams nodded and went and sat down next to Molly in the courtroom.
"I rest my case your Honour," said Gilbert Thurne.
"Fine," said the judge. "Your summations then gentleman."
Leggart was to start which was fine by Gilbert, he always liked to have the last say. Leggart of course tried to refute all of Gilbert's evidence as circumstantial or unsubstantiated, which was a fair call, but the fact the remained that there were most likely only two people who knew all the facts to the story. One of them was dead and the other too traumatised to make sense. Leggart of course based his plea for a guilty verdict of Unlawful Homicide based on Katherine's obvious recklessness.
Gilbert made points starting with Katherine's developing illness, then Wilson' threat, unnerving the poor woman in her irrational state. The jury had seen how distressed the woman had been, and even in her state had mumbled remorse and sadness to the death of Darcy. The fact that the gun was most likely never loaded by Katherine, pointed to the fact that she had no intention of shooting anyone. Mr Cartwright had found the bullets in her unopened desk. Adam presented himself as a strong witness, and well respected in the territory. More importantly he was seen as a valued friend who believed in the truth and had a strong sense of justice. And it was justice that was important here. Darcy's Plummer death was an accident, finding Katherine De Foe guilty of his murder, was unjust and would not bring the very much loved man back or right his death.
The jury was dismissed while the gallery cleared and the court adjourned until they would be informed of their return. As it turned it out it was only a little over an hour before they were all called to attention.
"Mr Foreman what is the jury's verdict?" called the judge.
An elderly gentleman stood up and cleared his throat. "We the jury, find Katherine De Foe not guilty of unlawful murder due to diminished responsibility."
The court room erupted with joy at the findings. Adam rushed to Gilbert's side and shook his hand profusely, before taking Katherine in his arms. Molly burst into tears.
The judge slammed his gavel down once again, calling for order and addressing Katherine.
" Miss De Foe, do you understand the decision of this court?" he asked.
Katherine did not respond verbally, instead she searched the room, tears streaming down her face, "he... he still is waiting...I..." Katherine didn't finish. She collapsed down into her chair, losing consciousness. Adam quickly grabbed her.
The judge nodded. "It is the courts finding that Miss De Foe is innocent of murder, unlawful homicide, due to diminished responsibility. However, the fact remains that due to Miss De Foe's mental state, she was the cause of this young man's death. The court sympathizses with her circumstances, but it is the laws responsibility to avoid such situations again. Therefore, it is my decision that Miss De Foe be transported to the institute for the criminally insane and committed until the state sees fit. That means that until Miss De Foe's mental stability improves, and the courts are satisfied that she can live safely amongst society."
Molly stood up and yelled. "No... No, please your honour, we can look after her, the doct... "
"Order!" shouted the judge. "Miss De Foe is a danger to this society and to herself. It would be irresponsible of me to free her completely. It is the ruling of this court and a just one for all. Sheriff I will make out the necessary paperwork. You will arrange a Marshall to escort Miss De Foe to San Francisco as soon as possible. Court adjourned."
"All rise", shouted the bailiff. With that the judge got up and left the courtroom.
~oOo~
Alexandra now stood at the corner of the alleyway, holding onto the elaborately turned post that held up the facade of the Star and Garter theater.
Earlier, no one had seen her go back into the theater, they were all so busy with her momma. She saw the big man named Hoss, and the other man; the one that promised he would get Katherine out of jail, carrying her over to the doctor's office. She followed Molly, but stayed hidden, as she rushed back to Katherine's dressing room, to pack a bag, while she explained to Cracker what was going on. Katherine was being taken to San Francisco, by a US Marshall on the late afternoon stage. Doctor Williams was going to wire his associate to have a doctor meet them once they arrived. Gilbert had rushed back to his office and was at this very moment making an application for an appeal, along with a request to have Katherine receive the medical help she would need immediately. That would come at a cost, but Katherine's finances were adequate and would only need the signatories of the caretakers of her estate now that she had been classified as incompetent to manage her own affairs.
Molly had sounded desperate as she relayed the facts. Alexandra had just stayed quietly hidden in the vomitory that lead to the dressing room. Molly had asked Cracker if he had seen Alexandra, but he hadn't and Cracker promised to find her as soon as possible.
Molly wasn't sure that was a good idea, stating that Alexandra could be impulsive and the shock of seeing her mother in the condition she was, taken away by a Marshall, may just be too much for the little girl. However, she would need to find the child. Both Gilbert and Molly had come to a decision about the child's future. Cracker promised he would go looking for her, sure she was still out at the orphanage with Brother Sebastian.
After hearing that Alexandra grabbed her prop riffle and ran back to the alley. She now stood watching as a tall man wearing a big hat and large shiny badge escorted her mother to the stage. Tears welled in Alexandra's eyes. She watched the scene sobbing, dropping her prop gun to scrub at the tears so she could focus on the scene. Molly, Gilbert, the doctor and the sheriff all stood there watching. Molly cried as she held her mother's hand and wouldn't let go until, Hoss took her gently by the shoulders and consoled her. The dark haired man, then went to the window. He stroked Katherine's cheek, wiping the tears away, before he kissed her hand. Then before anyone had a chance to anything else, the driver slapped the reins and the stage pulled out of town fast, leaving a cloud of dust in its wake.
Alexandra was stunned. She stood frozen on the spot as she watched the stage disappear and the dust start to dissipate leaving the muted images of ghostly forms in its centre moving away. When the dust finally cleared, no one was left on the street.
Alexandra was alone. A heart in pain; full of broken promises.
End Flashback…
TBC chapter 12; Steamboat Alex.
A.N. Sorry it was so drawn out. I tried cutting it down, but I couldn't. I make a solemn promise that I won't write something so laborious long again. At least you have the story. The final flashback when Adam finds out about Alex won't be for a while yet. Lajoci and I are still debating whether Alex should even get to see Katherine. It may be very traumatic for her... What do you think?
