CHAPTER NINE

Building a Case

Still Tuesday morning, November 20, 1877

Jarrod and Eugene returned to the dorms and chatted with Henry. They then canvassed the second floor of the men's dorm and talked to whoever else was in their rooms to see if anyone had seen anything. No one admitted to seeing anyone carrying the undergarments down the hall or putting anything in the room. Still, Jarrod was a bit suspicious of Boris Novak. The young man would not meet his eyes, and there was a stack of silver coins on his nightstand. The boy's shoes were scuffed and old. Jarrod saw no photographs except for an unframed one on the dresser of a large family in misfitting clothes.

"Where did you get the money?" Jarrod asked Boris.

Boris stepped back and studied Jarrod.

"The money," Jarrod prompted. "Where did you get it?"

"I'd rather not say," Boris answered.

"Was it payoff for not saying anything about seeing someone plant stolen property?"

Boris took a step back. "I have no idea what you're talking about."

Jarrod watched him closely. "Or was it a payoff for actually taking the stolen property and planting it in Henry's dresser?"

"I have stolen nothing, I have planted nothing, and I have been paid off for nothing."

Jarrod believed him, but there was something the young man wasn't saying.

Once they left the room, Jarrod ushered Eugene and Henry back into their room. "What do you know about Boris?"

"He and I are the only two scholarship recipients this year," Henry stated.

"There's something he's not telling us," Jarrod said.

Eugene scowled. "I don't blame him."

Jarrod aimed his blue eyes at Eugene. "Why not?"

"Because you just started interrogating him and treating him like he was guilty of something," Eugene stated.

"He is guilty of something," Jarrod said. "Did you see that stack of coins on his dresser? Why does he have that much money?"

"Maybe because he has a job and just got paid?" Eugene suggested.

Jarrod turned his eyes onto Henry, who was studying his feet.

"Henry?" Jarrod asked. "What else do you know?"

Henry sighed. "Boris plays poker in the basement storage room on Monday nights."

"That could get him expelled!" Eugene stated.

Jarrod considered for a few minutes. He still felt strongly that Boris knew more about what had happened than he would say. And then it hit him. What if Boris did know who had planted the garments, but the guilty party had threatened to turn in Boris' gambling habit if Boris mentioned seeing the perpetrator? Jarrod nodded. That was likely the problem, but Jarrod didn't want to see Boris get expelled, so maybe they'd just ignore this development for a while.

After interviewing everyone they could find, Jarrod treated the two younger men to lunch at a nice restaurant. They then spent the afternoon talking to professors and others. They met with the professor in whose class Henry was accused of cheating. Dr. Eliopoulos welcomed them into his office. Once Jarrod explained the problem, the Latin professor was happy they'd come forward. He stated he'd always been suspicious of that situation. A proctor had given the exam that day, so Dr. Eliopoulos hadn't been in the room. But he did have the papers in his files and was happy to provide them to Jarrod—and Jarrod was even happier to accept his offer.

Dr. Reginald Whiteland, a philosophy professor who'd taught a medical ethics class the previous semester, had nothing but wonderful things to say about both Henry and Eugene. He also volunteered to write a letter of recommendation for each of the young men, as well as to be available for questions by the dean or others.

"Let's go to dinner and discuss what we know," Jarrod suggested to Eugene and Henry.

"I'm sorry, sir," Henry stated, "But I need to work tonight."

Jarrod nodded. He turned to Eugene. "Since you're not supposed to be in the dorms, I suggest you come home with me. Go ahead and pack."

Eugene didn't seem happy about it but did as Jarrod requested.

"Bring all your notes and classwork, too," Jarrod stated. "I'll go hire a hack and meet you downstairs in fifteen or twenty minutes."

But Jarrod didn't go straight to the hack stand. Instead, he went to see Dean Morrison, who was still in his office.

"Mr. Barkley." Dr. Morrison stood and nodded at Jarrod, offering a handshake. "What can I do for you?"

"First, I'd like to establish a supplemental scholarship for Henry Midcaff."

The dean reached for note paper and a pen. "Okay?"

"I'd like for Henry to be awarded twenty dollars per week, paid weekly, under the condition that he not perform work for hire and instead devote his time to his studies and his research. Additionally, I'd like his family to receive thirty dollars per week, paid weekly. There are no conditions on that. I'd like the pay to be retroactive to the first week of this semester."

"That is quite generous of you, Mr. Barkley."

"I believe the young man can accomplish great things that will benefit society for many years to come. He needs to be able to concentrate on his studies and research instead of supporting his family. The scholarship is to continue for as long as Henry is a student at Berkeley and for one year after he finishes his studies."

The dean completed his notes. "Would you sign that for me, please?"

Jarrod reviewed the notes, put a date at the top of the page, and signed it. "I do not want him to know who his benefactor is."

The dean nodded.

"I'll drop off a check before I leave town."

"Is there anything else I can do for you today?"

"I want to let you know where I am on investigating Eugene's expulsion, and I'd like to make sure you and I have the same goals."

"Of course. What are your goals?"

"I'd like to see the guilty perpetrator brought before you, I'd like to exonerate Eugene—"

"I do have a signed confession, Mr. Barkley."

Jarrod smiled. "I know that. But I also believe you want justice. Now, even though I am convinced Eugene is innocent of stealing the undergarments, I agree that he is guilty of lying and signing a false document."

"May I ask why you don't believe Eugene should be expelled simply for that?" Dr. Morrison offered Jarrod a cigar, which Jarrod accepted.

Jarrod lit the cigar, leaned back in the chair, and said, "Because it wouldn't hold up in court." His smile returned. "Eugene is underage. He is not legally able to sign any legal document or make any statement that may cause him or his family harm without his guardian—" Jarrod pointed to himself. "—present and countersigning. Therefore, his confession and statement were obtained illegally."

Dr. Morrison froze.

Jarrod leaned forward. "Of course, that doesn't mean he shouldn't be held responsible for what he's done. So, here's what I think we should do . . . ."

XXXXX

Wednesday, November 21, 1877

The next day was spent gathering further evidence. Jarrod was able to talk to Boris again, who admitted he'd seen Hiram Hickman plant the evidence. Jarrod asked that he be willing to testify to that, but only as a last resort. He promised the boy he'd do everything he could not to allow the gambling issue to come up, although he strongly suggested Boris move his gambling pursuits to a location off campus.

Jarrod gave Eugene the task of writing up his entire "defense"—why it wasn't him, why he falsely admitted to doing it, and who was actually guilty. He included the documentation from interviews, listed witnesses and references, and attached actual documents as necessary.

Jarrod never revealed to Eugene that he had spoken earlier to Dean Morrison nor did he let Eugene know that as a minor, his statement and confession were illegally gathered material.

Finally, on Thursday, November 22, Eugene and Jarrod met with Dean Morrison. Eugene was nervous, but he presented his case to the dean and left notes, evidence, and documents with the dean. Dr. Morrison stated he needed to meet with the witnesses as well as with the students Eugene had implicated, and then he would meet back with Eugene and Jarrod the next morning. He gave Eugene permission to return to the dorms and attend classes, and he provided a note Eugene could show his professors that would allow him to make up any missed or late work.

Eugene spent the rest of the day on his studies while Jarrod visited his San Francisco office and caught up on a bit of work himself.

On Friday, Eugene and Jarrod sat down with the dean and the enrollment committee. The dean quickly reviewed the case, stated that after presenting witnesses he was able to get confessions from both Hiram Hickman and Geoffery Fulton that they had stolen the women's undergarments, planted them in Eugene's room, and had been harassing students who'd attended Berkeley on scholarship. The two were permanently banned from attending the university. After the enrollment committee unanimously accepted Eugene back into the university, the dean requested a private meeting with Jarrod and Eugene.

The brothers followed the dean to his office. Once they were seated, Dr. Morrison faced Eugene. "Mr. Barkley, you have been exonerated from stealing undergarments from the women's dormitory, but I am still troubled about the fact you signed a false statement and then lied to me."

Eugene chewed his lip. "I'm sorry, sir. I didn't know what else to do."

"I understand that, and I understand the reasons you did it, and I believe your reasons are noble. However, I don't think I can simply ignore the fact that you lied and signed a false statement."

"Yes, sir."

"There are four weeks remaining in this semester, so to give you time to reflect on the possible ramifications of dishonesty even for a noble cause, I'd like for you to work fifteen hours during each of those weeks for a total of sixty hours at the livery stables. You will perform whatever duties the livery manager assigns to you, which may include mucking the stables and the corrals, grooming the horses, and doing whatever other chores the manager may assign."

Eugene frowned and looked at Jarrod as though expecting him to object. Jarrod kept his eyes on the dean.

The dean handed Eugene a paper, which he was to present to the livery manager, who would supervise Eugene's work and keep his hours. Additionally, Eugene would be required to work two hours for each hour he failed to meet the manager's expectations or failed to appear for work.

"You will not be paid for your work," Dr. Morrison added. "Do you have any questions?"

Eugene again looked at Jarrod, hoping he would intercede. Jarrod again avoided his gaze.

"Do you have any questions, Mr. Barkley?" Dr. Morrison again asked Eugene.

"No, sir."

The dean stood and shook hands with both Jarrod and Eugene.

The brothers were quiet until they were out of the office. Then Eugene stopped walking and faced Jarrod. "I didn't see that coming."

Jarrod shrugged. "I'm not surprised there were repercussions. You don't file false statements and lie to officials without consequences."

"Why the livery? Why couldn't I work in the school library or tutor other students or write a paper on the ethics of lying for the greater good or something like that?"

Jarrod met Eugene's eyes. "I think you got off pretty damn easy. I suggest you be thankful that you can put this behind you and you can continue your studies."

"But the livery? That means I'll be cleaning up shit for fifteen hours a week."

"If you had been expelled, I was not paying for you to return to college for at least a year." Jarrod kept his eyes on Eugene's. "And you would be working on the ranch under Nick's supervision every single day of that year."

Eugene stared at Jarrod. "You wouldn't dare!"

"I most certainly would—and I still will if you get yourself into trouble again. You need to appreciate the great opportunities you've been given." Jarrod raised an eyebrow. "So don't expect to get any sympathy from me for your work requirement."

Eugene sighed deeply, then looked into Jarrod's Barkley blue eyes. "Can I at least get enough sympathy that you'll take me to lunch?"

Jarrod smiled. "I suppose I could muster that. I want to make the two o'clock train, so let's get a move on."

XXXXX