Travesty of Justice
A WHN for The Quality of Mercy
(Disclaimer: My apologies for playing the ‘artistic license’ card with regard to the judicial system in the USA during the 19th Century. This is purely a work of fiction)
Joe Cartwright looked up anxiously at the thunder-clouds that had begun to pile up in the eastern sky, high above the mountains of the Sierra Nevada. It was mid afternoon and he was on the final leg of a journey that had taken him away from home for over a week, checking out, repairing and replenishing all the line shacks in the high country before the onset of winter. Although the work was essential and carried out without fail as autumn approached, it was also a boring, repetitive and lonely task, usually handed out to one of the Ponderosa ranch hands. However, this year, when deciding who would be chosen, Joe had immediately volunteered, much to his family’s surprise. Ben had raised a questioning eyebrow while studying his son closely, but then silently nodded, intuitively realizing his son desired time on his own, with his own thoughts.
As Joe felt the first drops of rain, he urged his mount on, knowing shelter was only a matter of minutes away beyond a rise filled with the Ponderosa pine from which the Cartwright ranch took its name. Skillfully maneuvering Cochise with one hand and pulling the stubborn pack horse with the other, he duly arrived at the last lonely cabin on his list, guiding and then settling in the horses into the roughly made lean-to. Quickly unsaddling the two animals he carried in the provisions to replenish the shack’s meager food supply, finally picking up his own canteen and saddle bag and carrying them towards the fusty smelling cabin, entering just as the downpour began.
Once inside, Joe looked around the small room, familiarizing himself with his surroundings and grateful to be dry as the rain drummed on the timber roof, and the distant sounds of thunder echoed around the mountains.
A single straw-filled mattress was laid out on a rickety wooden bed and placed alongside the back of the one roomed shack. There was a small fireplace and to the side a cupboard was nailed to the wall. A table and two chairs fitted snugly under the only window, and in the corner behind the door was an old cast-iron wood stove and he checked inside, grateful to see kindling already in position. Unbuckling his saddlebag, Joe took out dry matches and quickly lit the sticks of wood, watching the fire ignite before placing a pot of water and coffee beans on top of the stove.
While waiting for it to brew, Joe placed the last of the provisions in the cupboard, unpacked his bedroll and placed his single blanket onto the mattress, finally looking through the dusty window at the deluge of water that poured relentlessly from the darkening sky. Minutes later, Joe poured himself a mug of hot coffee then sat down on the bed, stretching out his weary and aching limbs and supping the hot liquid, grateful for its warming effect on his chilled body as he felt his stomach churn with nervous tension.
Tomorrow he would be back home, and the day after the trial of his old friend Seth Pruitt, charged with the willful murder of Abe Cooper, would begin. Joe continued to allow his mind to wander as he relived the scene over and over of Seth standing by the bloodied body of Abe, realizing with a heavy heart he would be the key witness in the trial, and possibly be the reason Seth would find justice at the end of a rope.
Poor Abe. A hard working man who was widowed shortly after the birth of his beloved daughter Sara, Abe had died a few weeks before following the collapse of wooden support beams and rocks from the roof of his small mine. If it wasn’t for the fact Joe had arrived shortly afterwards, it would have always been thought of as a tragic accident. But with his own eyes Joe had seen Seth standing over the dead man, a large piece of wood in his hand, his friend fervently assuring Joe he had put Abe out of his misery through the insistence of the hapless Abe who had no doubt been in much pain.
At first Joe had believed his old friend and his reasons for the mercy killing, saying nothing, hoping to spare Sara the true details of her father’s death. Close friends since early childhood, there had been a time just over a year ago when Joe and Sara were the talk of the community…surely they would marry! Even Abe had secretly hoped his Sara would eventually become a Cartwright, but Sara had her eyes on another and so unhappily and begrudgingly, Abe Cooper finally accepted his daughter’s choice…Seth Pruitt.
For weeks after Abe’s death, Joe was unwilling to admit to his family what had really happened that day, until eventually, unable to keep silent any longer, he confessed all to his eldest brother. Adam, deeply shocked by his brother’s admission, subsequently insisted he must now go to the Sheriff and tell the truth. Joe agreed and, following a final heated confrontation, Seth confessed to Joe he deliberately killed Abe. The young man admitted he was only interested in the newly discovered seam of silver located in the mine and had been fearful Abe would not allow Sara to marry him after all, thus depriving him of riches he thought were duly his.
Joe now knew beyond a shadow of a doubt it was his duty to turn his old friend in, and both men had fought fiercely until finally Joe managed to overwhelm Seth and hauled him to Virginia City and into the safe custody of the local sheriff. Roy Coffee had listened to Joe’s account of the facts and assured him a trial would be set for the next visit of the Circuit Judge in three weeks time, Seth’s admission of guilt to Joe no doubt providing the Judge and Court with a quick open and shut case.
For Sara, the truth behind her father’s untimely death had proved to be totally devastating for the young woman. Leaving the sale of the mine in the hands of the Cartwrights and not wishing to stay in the area and await the murder trial, she decided to immediately leave and make a new life for herself in San Francisco with her uncle and family. But her friendship with Joe remained as strong as ever even though he had been instrumental in bringing Seth to justice. Promising to visit her in ‘Frisco once the sale had gone through, Joe had seen her off at the stage office, their final emotional parting causing a few raised eyebrows and sad smiles amongst the townsfolk of Virginia City.
As the driving, relentless rain poured down from the heavens, Joe sipped the last of his coffee, the dregs now cold and bitter, and then sank back onto the mattress. He closed his eyes as the pounding on the roof continued, recalling the look of disappointment and shame on his father’s face once Ben knew the truth about Seth, hardly able to believe his youngest son capable of keeping such a vile secret for so long. It was a look Joe did not wish to see again as a feeling of remorse swept over him and he quickly fell into a fitful sleep, bone weary and exhausted both in body and mind.
An hour had passed and the rain was long gone leaving total silence in the cabin when suddenly the loud whinny of Cochise woke Joe with a start, and he sat up slightly confused as another horse answered his pinto. Not expecting company in such a hostile environment, he listened keenly as the muffled sound of a horse’s hooves could be heard walking steadily on the muddy path towards the cabin. Drawing his gun from its holster, Joe moved anxiously to the window, acutely aware of rogue Indians who would think nothing of stealing from and even killing a lone white man, miles from civilization.
Outside the late afternoon light was fading fast, and as Joe looked through the dirty glass pane, a familiar buckskin gelding, his legs covered in mud, slowly came into view, laboriously plodding on the rain soaked ground. Taking a deep breath of relief Joe replaced his gun and with a grin on his face walked out into the fresh clear air, the darkening sky now clear of clouds as the unexpected welcomed figure of his father grew nearer.
“Hi Pa!” said Joe, as a very wet and bedraggled Ben Cartwright pulled up besides his son. “What on earth are you doing up here? There’s nothing wrong is there? Adam, Hoss, they are okay?” he asked, suddenly losing the grin and looking at his father anxiously as he took hold of Buck’s reins and patted the tired horse.
Ben shivered as he dismounted and gave his son a loving smile. “Joe! Good to see you,” he answered, giving his son a hug before removing his hat and shaking the remnants of water from its crown. “Nothing’s wrong and your brothers are fine. I just thought I would have a ride up this way and keep you company on your last night…but I didn’t expect to get wet through! There wasn’t a cloud in sight when I left the house first thing this morning!”
Joe nodded, still slightly mystified by his father’s arrival as he led Buck into the lean-to and unhooked his father’s saddlebag before following Ben into the relative warmth of the cabin. “Coffee?” he asked, placing the bag on the table and filling the coffee pot on the top of the stove with water from his canteen.
Ben nodded. “Thank you, son. Haven’t had anything since breakfast. That rain just came down without ceasing for hours and it wasn’t worth my while making camp so I just kept going,” he admitted, removing his sodden coat and passing it over to Joe, who hung it on a peg behind the door.
“Coffee should take a little while. Just get yourself warm while I tend to Buck, and draw some fresh water,” ordered Joe, as he passed over his dry blanket and Ben drew it close around his shoulders. Leaving his father to pull over a chair and slump down beside the lighted stove, Joe went outside to unsaddle then feed and water his father’s old horse before finally drawing a bucket of water from the well by the side of the lean-to.
Returning to the shack, his chores completed, Ben gazed up at his son’s weary face with concern as Joe entered into the gloom, giving his arm a gentle squeeze. “You’re looking tired, Joe! Has everything been okay with the line shacks?”
As he placed the bucket by the side of the stove Joe gave his father a genuine smile. “No problems Pa. Just been a long trip and I haven’t been sleeping too well. Guess I miss my old mattress too much these days…or maybe I’m just getting too old for trailing around these mountains!”
Ben nodded with a chuckle as Joe picked up the matches and lit a small oil lamp that was stood on top of the cupboard. “Hop Sing packed cooked chicken and fresh bread, Joe. He thought you deserved a treat after a week of dried jerky!” Ben said, pointing over to his saddle bag on the table as Joe turned up the lamp, the flickering flame casting long shadows in the small cabin. Licking his lips in anticipation, Joe opened up a small package from the saturated bag, releasing a delicious smell that suddenly permeated around the room.
“Good old Hop Sing! He is a life saver!” cried Joe as Ben put the blanket back on the bed and then moved his chair to the table. Placing portions of meat and bread onto two plates and with the coffee now boiled, Joe drew off two mugs, passing one over, father and son sitting in comfortable silence as they eagerly consumed their delicious impromptu dinner.
Minutes later, with a deep sigh of satisfaction, Joe leaned back, his plate and mug now empty. “That was delicious. Didn’t realize just how hungry I was!” Ben smiled in agreement as he swallowed the last of the dregs in his mug. Joe rose a little stiffly and walked over to the stove, picking up the hot handle of the coffee jug with an old cloth and returning to the table.
“You sure nothing’s happened at the ranch?” Joe asked suddenly as he poured out fresh coffee and shot his father a side long glance.
Ben’s dark brown eyes stared at his son’s back as Joe returned the jug. “Aren’t you pleased to see me, son? Does there have to be an ulterior motive?”
Joe sank back into his chair, holding his coffee mug tightly in his hands. “Of course I’m pleased to see you. But call me skeptical if you want, I just don’t think you would come all this way, in the rain, just to spend an uncomfortable night in a dirty old line shack with me.”
Ben’s brown eyes twinkled as he suppressed a smile. “Just when did my youngest son become so smart?” he asked, taking a sip from his coffee.
“Always been smart Pa…just like to keep it hidden from view from Adam! It might give him an inferiority complex!”
Ben gave a quiet chuckle then continued to sip his drink as Joe raised his cup and stopped in mid-air, his face turning serious and thoughtful for a moment. “So, why did you come here? There is something wrong, isn’t there?”
Heaving a great sigh Ben put down the steaming mug and nodded. “I wanted to talk to you, Joe, just the two of us, before you returned home.”
Joe looked puzzled then enlightenment dawned. “Is this about the trial?”
Ben looked at his son as he nodded again, a look of understanding passing between them. “Yes Joe. The trial!”
Taking a deep breath, Joe swallowed the last of his coffee then stood up and looked out of the window, briefly before wandering over to the bed and sinking down onto the mattress, laying flat with his hands behind his head. “You don’t have to worry about me. I’ve had these few days to think everything through and I know I’ve done the right thing and I’m ready to give evidence against Seth, regardless of the consequences.”
“That’s good to hear, Joe,” answered Ben, looking over steadily at his son. “But I think it’s only fair I tell you Roy came over yesterday to tell me Seth has changed his plea to not guilty.”
“Not guilty?” Joe gave out a humorless laugh. “I suppose he thinks pleading it was a mercy killing after all is going to somehow convince a Jury and lessen his sentence.” He took a deep breath and sighed deeply. “Well, Seth is guilty of murder and I’ll testify to that fact, don’t you worry!”
“No, Joe. You don’t understand. When I say, not guilty, I mean just that. His defense now is he never hit Abe on the head at all. He is claiming he just went into the mine after the rock fall and found him there, dead and buried under the pile of rocks and wooden beams.”
“But that’s a lie, Pa!” Joe cried, his eyes widening in surprised horror as he sat up. “He had that piece of wood in his hand…he admitted to me he had finished Abe off!”
Ben nodded then rose, pulling his chair and sitting down in front of his son. “This is why I had to come and talk to you.”
Joe shook his head as his fists tightened into a ball and he banged them onto the mattress in frustration. “He admitted to killing Abe for the silver lode in the mine…knew Abe didn’t want Sara to marry him. I told Roy all this! And now he is saying he did nothing wrong?”
Ben gave his son a look of sympathy. “Yes Joe. Seth says he is completely innocent.”
Staring at his father, a look of bewilderment flooded across Joe’s face. “But that’s rubbish! He knows it…we know it!”
Ben shook his head sadly. “A man is innocent until proven guilty, and as far as the law is concerned, Seth has every right to change his plea and say what he wants in his defense.”
Silence enveloped the room for a few moments as Ben’s words sunk in. “So in other words, it’s going to be his word against mine?” asked Joe, biting his lip nervously.
“Yes, son, that’s how it’s going to be played out.”
A troubled look suddenly appeared on Joe’s face. “I know I wasn’t honest with you at first, but I am telling the truth now about Seth,” he said quietly, looking intently at his father. “You do believe me don’t you?”
“Joseph!” Ben broke in gently, shaking his head in disbelief as he reached out and gripped his son by the shoulders, his fingers tightening in a loving squeeze. “What a question to ask! Of course I believe you.”
“And Adam? Hoss? I know Adam was pretty shook up that I had kept the truth about Seth from you all for so long. He was very disappointed in me….just as you were.”
“Your brothers have never doubted you honesty and are proud of the way you’ve managed to bring Seth to trial. Don’t you ever think otherwise!”
Joe sighed deeply. “Thanks, Pa. Guess I just wanted to hear you say it.”
Ben nodded, but the dark look that remained on his face sent a slight shiver through his son’s body.
“Pa? Is there something else you need to tell me?” Joe asked hesitatingly.
“Yes,” Ben said slowly, taking a deep breath. “There is something else I need to tell you. It’s about Seth’s lawyer.”
Joe frowned, pursing his lips and looking at his father with a quizzical expression. “Who? Sutton?” asked a perplexed Joe, Richard Sutton being one of the best and most respected defense lawyers in the area.
Ben’s brown eyes fixed unblinkingly on his son’s face. “No son. Richard hasn’t been called forward to defend Seth. Apparently a lawyer in Sacramento heard about your involvement and offered to take over the case. He arrived four days ago, has been in discussion with Seth, and has now changed his plea.”
Joe’s eyes narrowed and an edge of suppressed anger became apparent in his voice. “My involvement? What’s that got to do with anything?” he demanded, fighting hard to control his feelings. “It’s a straightforward murder trial so why would it create such interest in Sacramento because I am the main prosecution witness? Who is this lawyer?”
Ben steeled himself for his son’s reaction. He was not to be disappointed. “It’s Wilson Reed, Joe.”
For a few moments there was an uneasy silence in the room. Ben eyed his son with concern, instinctively knowing the memories that now flooded through his mind as Joe took in a sharp intake of breath. “Wilson Reed!” Joe hissed through gritted teeth. “This just gets better and better!”
It had been just over nine months ago.
For once complying with his father’s wishes without argument, Joe had left early one morning in a good mood to visit the barber’s shop in Virginia City Together with a Mexican friend, Carlos Rodriquez, he had awaited his turn and joked with the barber, Frank, as he sat on the barber’s chair. “Don’t cut too much off. I just want to make sure my hat still fits! Don’t get carried away with the scissors!”
It was then a bully by the name of Duke Miller made his presence felt as he arrived with his two henchmen, insisting he take Joe’s place on the barber’s chair, and, holding back his temper Joe had acquiesced. However, during an altercation between them, Joe had been knocked out and minutes later, when he came too, found Carlos shot dead in cold blood by Miller.
Although accused of murder and sent to trial, the defense lawyer, Wilson Reed, managed through a tricky legal maneuver to sway the jury to such an extent, Duke Miller and one of his accomplices was found not guilty, acquitted and allowed to go free.
At the time Joe had longed for vengeance, promising Carlos’ son Paco he would seek revenge for the death of his father. It was then Ben had intervened. He had confronted his son one night, his words laced with sarcasm. “Now evidently all I taught you means nothing….vengeance belongs to Joe Cartwright! Is that what you believe?”
With his father’s heart felt words ringing in his ears, Joe had then backed down from his threat and promise to Paco, eventually returning the young man to his family in Mexico. But Joe had never forgotten the lawyer who had manipulated the law to his own ends on various occasions and managed to have Duke Miller acquitted.
He jumped up, running his hands through his hair as he turned to look down on his father, his temper rising. “I can’t believe he has the nerve to show his face around here again! Just you wait till I see him…”
“This is exactly the reason I came here to tell you, Joseph, before you heard it from someone else!” Ben interrupted sternly. “There will be no personal vendetta against Wilson Reed. He has committed no crime in wanting to take Seth’s case, and you have no right to harass him. You will just have to get used to that fact.”
“But Pa, you know how he works! The truth doesn’t concern Reed! He uses every unscrupulous means and device to get his client off, whether or not they are as guilty as sin!”
“I know Joe…and I agree…his ways have much to be desired. But he only works within the confines of the law, and in the end we have to abide by the decisions of the jury and judge, however much we think they are wrong.”
“So I have to keep my cool, hold my temper, even if the trial may be mockery, a sham like Miller’s trial was? Is that what you’re saying?” cried Joe loudly with indignation, a note of bitterness in his voice.
“Yes Joseph. That’s exactly what I’m saying,” replied Ben with equal ferocity. “No doubt Reed will remember you very nearly ended up in jail yourself for a month because you couldn’t hold that temper of yours in check after Miller’s trial ended! Getting you riled up is the first thing he will try to do.”
Joe stood still, hands on hips as he glared over at his father for a moment, his eyes flashing with anger. Then he took a deep breath and closed his eyes momentarily before heaving a deep, inward sigh. “Sorry Pa. I know you’re right and I’ll do my best,” he replied finally, the rage within him quickly dissipating. “I just hope Daniel knows what he is up against now,” he added, walking over to the window and looking out into the darkness. “He seemed confident of a quick result when we talked last week. But that was when we thought Seth was pleading guilty and hoping for clemency from the court. Now Reed has taken on the case, well….”
Daniel Jenkins, a smart and gifted lawyer, had moved to Virginia City from New York six months before to replace Mathew Albright, who had retired after the Miller trial debacle. Daniel had proved popular and hard-working, soon becoming a successful prosecution lawyer for the State of Nevada. Now in his early forties, he was a thin man with a receding hairline and dark piercing eyes. After Seth had been arrested, Joe had visited his office and they had talked for hours as Joe described all that had happened, Daniel taking notes and asking many questions, keen to make it a water-tight prosecution.
“Remember how you talked me out of taking the law into my own hands and going after Miller?” Joe asked suddenly as he returned to the bed and sat down.
Ben nodded. “Yes, I remember. And it was the right thing to do…even you acknowledged that fact eventually.”
Joe huffed sarcastically. “The right thing to do…but not for the best. Did you know Miller and his gang ended up in Arizona…killed a doctor for no reason in front of his wife? Not even Wilson Reed could of saved them had they gone on trial but they disappeared over into Mexico and safety. Did you know that Pa?”
Ben shook his head sorrowfully. “No Joe. I didn’t know. But you can’t blame Reed for Miller’s subsequent actions.”
Joe gave his father an incredulous stare. “Can’t I? An innocent life ended because Miller was spared the noose due to his lawyer’s clever words and tactics!”
“Joe, that is in the past now. What is done is done. Sometimes we have to just accept what life throws at us, right or wrong. It’s going to be difficult….I know, but you need to concentrate on the present and make sure Reed can’t manipulate the truth again”
Joe shook his head ruefully. “Regardless of the lies he is no doubt going to say?”
“Yes, son. You need to be prepared to bite your tongue and keep that temper of yours under control.”
Joe took a deep breath and shook his head. “Telling the truth will be the easy part….keeping my cool…holding back my temper…well, that’s going to be hard, real hard.”
************
Two days later the old Virginia City Courthouse was nearly packed to capacity when the Cartwrights arrived on the morning of the trial. Leaving their firearms at the entrance in the safe keeping of Deputy Clem Foster, the four men walked towards the front row where seats had been saved for them by Sheriff Coffee.
Daniel Jenkins turned and gave Joe an encouraging smile, but it was lost on the young man as he sank down into this chair, conscious of many curious glances thrown his way by those already in the Courtroom. Feeling slightly embarrassed, he looked over towards the desk of the defense lawyer as Wilson Reed and his client whispered together, their heads almost touching.
Suddenly Seth laughed and looked behind him, his eyes fixing on his old friend. Joe stared back, momentarily stunned by the look on Seth’s face. The gangly, fair haired young man, carried not a look of guilt or remorse, but his handsome face portrayed the look of a man who was confident of his future and his freedom. Wilson Reed also glanced over, his humorless smile never reaching his eyes as he nodded his head in silent greeting at Joe.
In his late forties, he was a tall and handsome man, his dark curly hair cropped short and a thin moustache on his top lip. Although they had only met at Duke Miller’s trial, Joe’s persistent belligerence had nearly caused Reed to lose the case, and he had never forgotten or forgiven the young Cartwright, eager to get his own back and put him in his place. The trial of Seth Pruitt had proved to be an opportunity too good to miss for the unscrupulous lawyer.
From the side of the court a door suddenly opened and the large figure of Judge Jefferson Woods appeared, the sixty year old with thick gray hair slicked down and parted over his left ear, holding a pair of spectacles tightly in his hand. As the court rose to their feet in unison, Judge Woods walked to his bench, taking a moment to view all those within the court room before he eventually sat down, leaving everyone else within the room to follow suite.
Glancing at the papers in front of him, Judge Woods looked over towards the Clerk of the Court and nodded, leaving the official to select and then swear in the twelve men of the jury.
While the legal preliminaries were taking place, Joe closed his eyes momentarily, his face darkening as he remembered with sadness the time he had last been in a court room; the day the jury decided Duke Miller was innocent of murder. That trial had taken place in Carson City, and he shuddered slightly, inwardly praying the jury of Virginia City would not be so easily fooled by Wilson Reed.
With the jury selected, Judge Woods rapped his gavel on his desk, shaking Joe from his reverie and a silence fell over the courtroom.
“This Court is now in session. Judge George Woods presiding,” declared the Judge, who then sat back and nodded towards the Clerk of the Court who proceeded to read out the charge to the Defendant.
“Seth Pruitt, you are charged with the willful and premeditated murder of Abe Cooper. How do you plead?”
Standing up, his lawyer by his side, Seth cleared his throat. “Not guilty,” he answered, causing a murmur to run around the room as the two men sat back down.
Judge Woods peered over his spectacles and his gavel once more slammed down. “Silence in court. This is a trial, not a social gathering!” he yelled, glaring with disapproval. He looked over at the prosecuting attorney. “Mr. Jenkins. You may make your opening statement to the court.”
Jenkins arose, his voice loud and emphatic as he proceeded to clearly describe the basic details of Abe Cooper’s death, Seth’s involvement and listing the two witnesses he intended to call to the stand. Once the formal account of the facts was completed he sat down and the Judge nodded over towards the defendant’s desk.
“Mr. Reed. Please state your case for the defense.”
Wilson Reed listed the inaccuracies of the prosecution statement, enforcing his belief in his client’s innocence and claiming Seth Pruitt had been wrongly accused of a crime for reasons that would become clearer during the trial.
His statement completed, Reed sat down and turned his head, giving Joe a contemptuous smile that was not missed on the young Cartwright, causing Joe’s stomach to churn uneasily.
“Mr. Jenkins, you may call your first witness,” said the Judge, his voice strong and commanding.
“Thank you Your Honor. The State calls Doctor Paul Martin.”
A chair could be heard scraping back on the wooden floor and Paul Martin walked down the aisle towards the front of the court, sitting down on a chair to the right hand side of the Judge. He pledged his oath on a bible, and then Jenkins walked over, giving him a welcoming smile.
“Doctor Martin. I have been told the body of Mr. Cooper was brought to your office by the defendant and Mr. Joseph Cartwright. Is this correct?”
Paul nodded. “Yes. They brought him in the back of Abe’s…Mr. Cooper’s wagon, on the same morning he died.”
“Could you describe to the court the injuries you found on the deceased?”
Coughing to clear his throat, Paul Martin took out a small notebook and flicked through the pages. “I made a note here,” he indicated, as he took out his glasses and put them on. “Abe Cooper had two broken legs, a broken arm, and a crushed skull. It was not possible to judge if there were any internal injuries, but there was a great deal of bruising on his body.”
“Did Mr. Pruitt or Mr. Cartwright tell you how Mr. Cooper obtained these horrific injuries?”
Leaning forward the doctor looked over at the defense desk and nodded. “Yes. Mr. Pruitt described how a small section of the roof in Mr. Cooper’s mine had crumbled away and fallen onto the deceased.”
“And in your opinion, were these injuries on Mr. Cooper consistent with a roof fall?”
“Yes they were.”
“And could Mr. Cooper have still been alive after the initial roof fall?”
Doctor Martin pondered for a moment. “It is unlikely.”
Daniel raised his eyebrows in surprise. “Unlikely? Is there no chance Mr. Cooper would have survived, if only for a short while?”
The doctor shook his head sorrowfully. “Accounting for all the injuries he had incurred…I would have thought it highly improbable.”
“Tell me Doctor, if we discount the serious injury to the head that Mr. Cooper sustained, do you think he could have survived the rock fall?”
Frowning slightly as he absently stroked his chin, the doctor slowly nodded. “Well…I suppose so. The human body can be very resilient at times and it is not beyond the realms of possibility. Any internal injuries may have proved to be fatal though.”
“But you are unable to confirm to the Court if Mr. Cooper had internal injuries?”
“That’s right,” answered the doctor, looking over directly at the Judge as he explained his actions. “Under the circumstances it was not deemed necessary to do a thorough post-mortem, Your Honor.” He returned his gaze to the Prosecution lawyer. “I couldn’t say for sure which of his organs may have been damaged.”
The Prosecutor stood in situ for a moment, mentally assimilating the information before returning to face his witness. “Tell me about the head wound, Doctor. Was it consistent with a roof fall?”
“Yes. From what I gather from Mr. Pruitt’s explanation, there was a substantial amount of wood and rocks dislodged from the roof. It wouldn’t have taken much to cause his skull to be fractured.”
“Is it possible that Mr. Cooper received the injury to his head after the accident?”
“After?” The Doctor thought for a moment, looking down at his notes. “Well…I suppose it is possible,” he answered finally.
“Let me just go through your statement again, Dr Martin. If Mr. Cooper had survived the roof fall without sustaining any damage to his head, although terribly injured, your opinion is, he could have still been alive?” Jenkins paused as the witness nodded.
“Yes that’s correct,” the doctor answered, removing his glasses and replacing them into his top pocket.
“And if someone had then hit the victim hard on the head, thus causing the fractured skull, that could have been the probable cause of his death? Is that what you are saying?”
Wilson Reed sprang up from his chair. “Objection! Pure speculation on the part of the Prosecution.”
The Judge shook his head slightly. “Objection over-ruled. I would like the Court to hear the Doctor’s opinion. You may answer, Dr Martin.”
“I would have to say…yes, it is possible.”
A faint grin touched the Prosecutor’s lips. “Thank you, Dr Martin. No further questions, Your Honor.” Returning to his desk, Daniel sat down as Judge Wood turned to the defending attorney.
“Your witness Counselor.”
Nodding, Reed rose from his seat. “Dr Martin, let us clarify a point. If all the injuries sustained by Mr. Cooper had happened as a result of the collapse of the roof, do you feel sure death would have been instantaneous?”
“Yes. With such extensive trauma, I feel death must have occurred immediately.”
“And when you examined the body, was there any way of knowing if the head injury was inflicted after the initial accident, or during the accident?”
Dr Martin shook his head emphatically. “No, it was impossible to assess either way when the skull was fractured.”
“Thank you, Dr Martin,” said Reed as he turned away from the bench, halting momentarily before suddenly turning. “One more question, Dr Martin. When the body was brought in by Mr. Pruitt and Mr. Cartwright, did Mr. Cartwright disagree with Mr. Pruitt’s initial statement that the deceased had died purely from a rock fall in his mine?”
“No. Mr. Pruitt explained what had happened and Mr. Cartwright just stayed silent.”
Reed raised his eyebrows, expressing mild perplexity. “So he did not disagree with anything Mr. Pruitt said?”
Dr. Martin shook his head. “No. He did not.”
“So Mr. Cartwright’s silence no doubt assured you of the truth regarding the accident and you had no reason to question the cause of death?”
“That’s right. Joe Cartwright gave me no reason to suspect foul play,” answered the doctor earnestly.
“Thank you, Doctor. No further questions Your Honor.”
Judge Wood gave a nod and turned towards the witness. “You may step down.”
The Doctor returned to his seat as Judge Woods looked over at Daniel Jenkins again. “You may call your next witness, Mr. Jenkins.”
Daniel gave a slight cough as he looked through papers on his desk. “The State calls Mr. Joseph Cartwright to the stand.” Judge Woods sat back in his seat, watching the new witness intently as Joe was called forward and took the oath.
Settling down in the wooden chair, Joe looked over towards Wilson Reed and Seth, the Defense Attorney returning the stare and smiling menacingly. A murmur ran through the courtroom, then again there was a hush as Daniel stood up and walked towards the bench.
“Mr. Cartwright, could you please tell the Court what happened when you first went into the mine.”
Joe straightened in his chair then cleared his throat, looking directly at the defendant as he spoke. “There was a great cloud of dust flying around, but I could see Seth was standing with a piece of wood in his hand. I looked down and Mr. Cooper was lying under a pile of debris…rocks, wood. Practically his whole body was covered.”
“Did you realize Mr. Cooper was dead at this point?”
“Yes, it was pretty obvious. There was a huge gash and blood on the top of his head, and no sign of movement or breathing.”
Daniel turned his gaze towards Seth. “And Mr. Pruitt? What did he say he was doing?”
Joe eyed his old friend for a moment then looked back at the Prosecutor. “He told me he had finished Mr. Cooper off, that he had begged him to do it because he had a broken back and had been in such terrible pain.”
“Did you question Mr. Pruitt about his actions?”
Joe coughed, fighting hard to keep his composure as the memories flooded back. “Yes. He reiterated what he had said…that Mr. Cooper was in agony and dying and had begged him to finish him off.”
“And you had no reason to doubt this explanation?”
“No. Seth has…had been an old friend. I believed him, though I didn’t agree with what he had done,” answered Joe quietly, a pained expression in his eyes.
Daniel nodded sympathetically. “And then what happened?”
“I wanted to report what had happened to the Sheriff, but Seth persuaded me to stay quiet about the mercy killing,” Joe explained. “He made me promise to keep silent, for Sara’s sake. I realized it would have broken her heart, knowing her fiancée had actually ended her father’s life, for whatever reason.”
The Prosecutor nodded his head slowly. “I see. So you kept your promise? You stayed silent?”
“Yes…I did,” answered Joe, hesitatingly. “Although I realize now it was the wrong thing to do.”
“Let us move on four weeks, Mr. Cartwright. Could you explain what happened when you visited the mine again and found Mr. Pruitt there?”
Grim faced, Joe looked over at the defendant. “I found Seth…Mr. Pruitt, digging in the mine. I told him I was going to have to turn him in…my conscience wouldn’t let him go unpunished.”
Joe looked over Daniel’s shoulder towards his elder brother. “It had been pointed out to me by a very wise man that it’s never too late for the truth.” He threw Adam a grateful smile, his brother returning the look with a nod of understanding. “I realized I had no right to keep Seth’s actions a secret, even if it had been a mercy killing,” Joe confessed. “It was then Seth told me what had really happened.”
“And what did he say to you?”
“He said he had found out there was a lode of silver in the mine…he offered to share it with me if I would keep quiet about him killing Abe...Mr. Cooper. I said I wasn’t interested so he began to lose his temper. Confessed he had killed him deliberately…knew Mr. Cooper didn’t want him to marry Sara after all and was scared he wouldn’t get his share of the silver once it was mined. He drew a gun on me but I managed to hit it out of his hand. That’s when we fought and I overpowered him and brought him into Virginia City and the Sheriff’s office. Told Sheriff Coffee what had happened, and he locked Seth up and charged him.”
“And you have no regrets about what you did…considering he was one of your oldest friends?”
With all eyes of the Court staring at him, beads of sweat trickled down his back as Joe took a deep breath, shaking his head as he answered. “No, I have no regrets. Seth is guilty of murder and he deserves to be punished accordingly.”
Reed lifted his head from the notes he was reading and leapt to his feet. “Objection! The witness is pre-empting the findings of the Court. It is up to the jury to decide if the defendant is guilty or not!”
“Sustained!”
The prosecution attorney gave a cool, challenging glance towards the Judge, but thinking better of it, shook his head from side to side. “No further questions Your Honor.”
Daniel Jenkins gave Joe an encouraging smile, mouthing a silent ‘well done’, before turning and returning to his desk. Judge Woods sat back in his chair and chewed on the end of his pencil for a moment, looking thoughtfully at Joe, his mind seemingly far away. He then sat up and gazed over at the defending attorney. “Mr. Reed. Your witness,” he said finally.
Wilson Reed slowly stood up, raising his eyes to meet those of the young Cartwright. He couldn’t have given him an icier stare if he’d tried as he looked Joe in the eye for a moment, then made a theatrical turn and walked over towards the jury, standing in front of them and turning away from the witness.
“Mr. Cartwright. Would you say you were a law-abiding citizen?”
Joe leaned back in his chair, his hands in front of him as he eyed Reed’s back. “I have always been taught to keep within the law, and tried my best to uphold it. But I have been a guest of Sheriff Coffee on occasion after a few drunken run-ins at the saloon…though my father hasn’t always been aware of that fact!” Joe managed a weak grin as he looked over towards his family and Ben raised his eyebrows in feigned surprise.
A ripple of laughter erupted throughout the court, easing the tension that had built up. Judge Woods also openly chuckled, then returned to the serious job in hand and banged the gavel down once again. “Silence in Court.”
A hush once again settled, and an unsmiling Reed continued his questions, his eyes cold and accusing as he turned and stared over at Joe. “If we are to believe your evidence, you claim Mr. Pruitt initially asked you to keep silent about this so called mercy killing and you agreed. Don’t you think your action was unlawful? After all, you were withholding valuable information about the death of Mr. Cooper. Not a very law-abiding thing to do, is it?”
Joe retreated into silence for a moment, shaking his head with regret before giving out a loud sigh. “Looking back I realize I made a big error in judgment. But at the time it never occurred to me I was being unlawful,” Joe said pointedly, slightly on the defensive but wishing to be completely honest. “I just thought I was doing the right thing…for Sara’s sake.”
Ben warmed to his son’s remorseful expression, causing a sob to form in his throat and he gulped nervously, his actions not missed by Adam who was sat next to him. “You okay Pa?” he whispered, leaning over and giving his father a look of concern as Ben answered with a slight nod.
Meanwhile Wilson Reed had turned back to face the Jury. “Oh yes. Miss Cooper. She is an old friend of yours, isn’t she?”
Joe gave a soft smile. “Yes. We have known each other for many years.”
“In fact, just over a year ago, there was much speculation that you and her were very close to marrying. Is that not correct?”
Daniel stood up quickly, giving the defense lawyer a look of disdain. “Objection Your Honor. This questioning is of a personal nature to the witness. It has no relevance whatsoever to the crime committed.”
“Your Honor I can assure you, this questioning is essential to my client’s defense,” retorted Reed.
“Very well. Mr. Reed. Objection over-ruled. The witness will answer the question.”
The ladies in the Courtroom craned their heads forward, eager to hear a morsel of gossip from one of the most eligible bachelors of the State of Nevada. Joe noticed the movement and inwardly cringed, resentful of losing his privacy over such a personal affair. “Sara and I became very close for a few months…shortly after the death of someone I loved very dearly. I was well aware rumors had spread around about the pair of us.” Joe glared into the mass of faces within the Courtroom, pleased to note a few embarrassed female faces looking quickly down onto the floor as he continued. “However, they were completely unfounded. Sara is and has always been just a friend, and she made it very clear she had fallen in love with Seth.”
Reed frowned then lifted his eyebrows in an extravagant gesture. “Are you sure, Mr. Cartwright? My client assures me you confided in him that you had indeed fallen in love with Miss Cooper, but she rejected your advances!”
“Well your client is a liar!” Joe spat back, his green eyes flashing with fury.
The attorney seemingly ignoring Joe’s reply continued as he paced back and forth in front of the bench, banging the first of one hand into the palm of the other. “In fact my client was sure this was the main reason for the resentment on your part towards him! Miss Cooper in love with your best friend! Did this not cause some resentment, Mr. Cartwright? Were you not incensed that you had lost your lady love to Mr. Pruitt?”
Joe gazed over at his father who intuitively sensed the rising anger within his youngest and shook his head slightly, his deep brown eyes conveying a silent message of reassuring calm between father and son. Joe tightened his fingers around the arms of his chair and swallowed hard, taking a deep breath before answering. “I was not! As I just said, she was a very dear friend! Nothing more or less. I was very pleased she was happy.”
“Were you, Mr. Cartwright?” the attorney questioned mockingly as he came to a stop in front of Joe. “Glad to hear it.”
He scratched his chin thoughtfully as he flicked his eyes between his client and witness mischievously. “You remained friends with Mr. Pruitt and Miss Cooper I take it?”
Joe looked directly in the face of Wilson Reed as he answered. “Of course! I had no reason not to. We remained good friends.”
“Mr. Pruitt asked you to visit Miss Cooper, make sure she was all right, when he went away on business. Is that correct?” Reed asked, a faint smile tugging at his lips.
“Yes.”
“But you did more than visit I hear. You invited her to stay on the Ponderosa!”
Joe tightened his lips. “Yes. She was alone in that small ranch house, still grieving for her father. It seemed a kindly thing to do under the circumstances.”
Reed looked over at the Jury, his faint smile once again evident. “Having her staying with you, in such close proximity, and without her fiancée around, it must have been easy to imagine how it might have been, if she fell in love with you instead of Mr. Pruitt?”
Once again Jenkins jumped up from his chair. “Objection, Your Honor. This has nothing to do with the case in hand, and is causing Mr. Cartwright unnecessary distress with these wild accusations!”
“If it pleases Your Honor, I am merely painting a picture for the jury of the reasons why the witness would want to tell such scathing lies about my client. I apologize profusely if Mr. Cartwright is suffering anguish,” retorted Reed with false humility, though making no effort to cover the sarcasm in his tone.
Judge Woods narrowed his eyes for a moment, well aware of the unscrupulous tactics often played by the defense counsel as he thought through his next decision. “Objection over-ruled…but I warn you Mr. Reed. Tread carefully with your cross-examination,” he replied coolly.
Reed nodded respectfully. “While she was your guest, it would have been easy to compare the affluent way of life on the Ponderosa to the poor existence she would have to endure with Seth Pruitt. Was it then you realized you had fallen in love with her, even after all those months of denial? Maybe it was then you became insanely jealous, thinking of ways to finally rid yourself of your rival! Is that not what happened?”
Joe’s eyes widened with contempt. “No!” he shouted, banging his fist onto the side of his chair. “That’s a lie! A dirty, stinking lie and you know it!” he hissed, as the Defense Attorney stepped back. “Your tactics are still as loathsome as when you defended Duke Miller!”
With all eyes of the Court on the witness and Defense Attorney, no one noticed a sudden look of veiled anger that passed over the face of Judge Woods before he regained his composure and banged his gavel down. “Mr. Cartwright! Control your temper and watch your manners in this courtroom!”
Joe took a deep breath, his fists still clenched tight as he nodded towards the Judge but the look he continually directed towards Reed was murderous.
“Mr. Reed!” cried Judge Woods. “You will also refrain from painting a picture for the jury without any substantial evidence! The Jury will disregard Mr. Reed’s last statement!”
“I apologize Your Honor,” replied Reed meekly, though inwardly reveling in the fact he had planted a seed of suspicion in the minds of the twelve good men that would possibly germinate in his favor. Cautiously he walked towards Joe regarding him for a moment. “I will move on to your last visit to the mine Mr. Cartwright. Did you know it had such a rich seam of silver?”
Although his obvious hatred for the lawyer showed up on his face and was impossible to miss, Joe steadied his voice as he answered. “No. Mr. Cooper had been convinced there was one in there, but no one else had believed it possible.”
“So it must have been a great shock to you when my client told you he had found the vein. After all, with wealth now on Mr. Pruitt’s side, you would definitely have no chance in winning Miss Cooper back.”
“Objection Your Honor,” called out Daniel as he pushed his chair back. “This is pure speculation on the part of the Defense Counsel. He is putting words into the witness’ mouth.”
“Sustained! Mr. Reed, please stick to the facts as we know them, not your own personal theories.”
“Of course, Your Honor. I apologize.”
“I hear the silver located in the mine of Mr. Cooper is quite substantial. Is it true Miss Cooper left the sale of the mine in your hands?” Reed asked as he began to slowly pace up and down in front of the bench.
Joe followed him through narrowed, suspicious eyes. “Yes. She asked before she left for San Francisco.”
“In fact, is it not true that your father made a bid for the mine last week? And his offer was accepted?”
Joe raised his chin, eyeing Reed defiantly. “Yes. He went through the correct legal channels and bought the mine, paid more than a fair price. What has this to do with anything?”
“Oh nothing, Mr. Cartwright. It is just very fortuitous that the mine became available for sale due to the arrest of my client and the departure of Miss Cooper. Your father is obviously a very astute business man.”
“Leave my father out of this. He had done nothing to be ashamed of.”
“Of course not…he is a law abiding citizen I am sure!” stated Reed, moving along the length of the Jury, staring at each member eye to eye. “Just like his son! His son who waited four weeks before deciding to turn in his friend for committing a murder! Four weeks!”
There was an edge to his voice that caused Joe to shuffle in his seat nervously as Reed turned and pointed over towards him. “I tell you, gentlemen, there was no crime committed that day in the mine…but jealousy and the thought of a new silver lode to add to the Cartwright Empire, drove this witness to concoct such an unbelievable story about my client.”
“That’s a lie,” Joe returned angrily, standing up quickly and staring up at the Judge. “How can you stand by and let this idiot talk such rubbish?”
Taken aback by the velocity of Joe’s accusation, Judge Woods banged down his gavel hard. “I suggest you calm down, Mr. Cartwright. One more step out of line and you will be jailed for contempt! Do I make myself clear?”
Joe shot the Judge an angry glance, and then obeyed, settling back down as a murmur echoed around the courtroom. The Judge then turned towards the Defending Counsel. “Mr. Reed, you will refrain from throwing your own conclusions to the court before the final address. Any further violations and I will charge you with contempt as well. Do I also make myself clear? Now have you any further questions for this witness?”
Reed nodded his head apologetically as he walked behind his desk and placed his hands on Seth’s shoulders. “Yes Your Honor, just a final point I would like to have cleared up,” he said, giving his client a noticeably sympathetic gaze. “Mr. Cartwright. You say your relationship with Miss Cooper is purely platonic? Just good friends?”
“Yes! I told you we are just very close friends,” Joe shot back.
“Really? I have witnesses who noticed the farewell between yourself and Miss Cooper at the stage office when she left and thought your romantic goodbye could have been the start of a new relationship!”
Joe tightened his mouth into a line, clenching his fists together, the simmering anger in him clear for all to see. “Sara was very upset…what with her leaving her home and friends after all these years, and knowing Seth was in jail, charged with her father’s murder. I was just comforting her as best I could.”
“From what I heard it was hardly the comforting of a mere friend!”
“I told you….I was just comforting her. Hell! When was it a crime to kiss a beautiful woman good bye?”
There was a loud snigger that filtered around the court room, and even Judge Woods tried hard not to smile before hitting his bench hard with his gavel.
“Definitely not a crime, Mr. Cartwright,” Reed echoed dryly as silence prevailed once more. “Is my information correct that you will be visiting Miss Cooper in San Francisco in the near future?”
“Yes. I will be taking her the proceeds from the sale of the mine.”
“I see. Such a long journey when the money could just be transferred bank to bank. How gallant of you to go to so much trouble for just a friend,” Reed quipped, giving the Jury a knowing wink out of sight of the Judge and the rest of the Court, his devious, silent innuendo certainly sending a further ripple of doubt throughout the twelve men. “No further questions Your Honor.”
“Any further questions for the witness, Mr. Jenkins?” Daniel rose and shook his head. “Very well…Mr. Cartwright you may step down.”
Joe stood up, pointedly staring towards Reed before returning to his father’s side, his heart pounding so hard within his chest it felt like it would explode. Relieved to have survived the ordeal of cross examination, he sank down into his chair and blew out his cheeks in a soundless whistle as his father squeezed his arm and gave him a reassuring smile.
Judge Woods leaned back in his chair and adjusted his glasses on his nose. “Mr. Reed you may call your first witness.”
“Thank you, Your Honor. I call the defendant, Seth Pruitt to the stand.”
Seth walked over, taking the bible in his hand as he said the oath, and then sat down.
“Mr. Pruitt. In your own words, tell the Court what happened the day of the mine accident.”
Seth cleared his throat, his nervousness clear to all as he wiped his sweaty hands on his trouser leg. “I was riding towards the mine to give Mr. Cooper a hand. Heard a rumbling and saw a huge dust cloud coming out of the entrance. I raced in, just managed to see Mr. Cooper lying, covered in debris, so I started to pull the wood and rocks off him.”
“Is that when Mr. Cartwright joined you?”
Seth nodded. “Yes. I heard a sound and stood up with some of the wood in my hand, and Joe was there behind me. I yelled for him to help, and we both began to pull all the beams and the rocks off Abe…but once cleared it was obvious he was dead.”
“Did Mr. Cartwright ask you what had happened?”
“No. It was pretty obvious the roof had just caved in…it is one of the hazards of mining. He had no reason to think anything else,” Seth answered, his voice now calm and controlled.
“So no mention was made of the obvious head trauma suffered by Mr. Cooper?” Reed asked, frowning slightly as his voice raised an octave. “It was just assumed it had been a consequence of the accident?”
“Yes,” confirmed Seth. “It was obvious a very heavy object must have hit him on the head during the roof fall.”
Reed stood motionless for a moment, seemingly lost in thought. “Let us move on,” he requested at last. “You had to go away on business and you asked Mr. Cartwright to call in and see Miss Cooper. Were you surprised to find her staying on the Ponderosa when you returned?”
Seth nodded vehemently. “Yes. I only meant for Joe…Mr. Cartwright to make sure Sara was okay, maybe stay for a cup of coffee. I didn’t expect him to invite her to stay on the ranch. In fact I was slightly suspicious of his motives.”
“Suspicious?” echoed Reed, giving the young man a look of surprise. Seth shifted uneasily, scratching the back of his neck as he answered grimly.
“A few months after Joe’s fiancée died, Joe told me he had fallen in love with Sara, but she had not been interested in him…that’s when I asked her out and we started courting. Then, after we set a wedding date, I noticed Joe acting a little strange, trying to demean me in front of Sara and her father, and always trying to show me up in front of our friends.”
“And why do you think he was behaving like this?”
Seth shrugged his shoulders, a perplexed expression on his face. “I just had this constant feeling he was jealous because Sara had chosen me instead of him, especially when we decided to get married. I didn’t say anything though, especially as both Sara and I pitied him.”
“Pitied Mr. Pruitt? Why?”
“Because Miss White…that’s the lady Joe was going to marry…well, she died in Joe’s arms. Sara said something like that must affect the mind for a long time and so we felt sorry for him.”
“I see. And then when you were in the mine four weeks after the initial accident and Joe Cartwright joined you there. What happened?”
“I was excited! I had just found the seam of silver, exactly where Abe had thought it would be. I wanted to go tell Sara. She always believed in her father and I knew it would be a great comfort to her, to know he had been right all along.”
“Was Mr. Cartwright happy for you?”
Seth took a moment or two before replying. “I thought he would have been,” he replied at last, casting a quick sly glance towards his old friend. “But he just started yelling, saying it was all wrong and there would be no chance of winning Sara back if we were going to be rich. He got real mad…said he hated me and if he couldn’t have Sara, then he wouldn’t let me have her either.” He paused, shaking his head sadly. “I didn’t know what he was talking about. He was like a mad man, ranting and raving. Then he attacked me. I had to defend myself, but he was always a better fighter, and he soon knocked me out. The next thing I knew I was locked up in jail, and he was telling the Sheriff that Abe’s death hadn’t been an accident and I had killed him, deliberately.”
“Thank you, Mr. Pruitt. I think the court now has a clear picture. No further questions.”
“Mr. Jenkins? Do you wish to question the defendant?” asked Judge Woods.
Daniel nodded his head and picked up a piece of paper before walking towards the bench. “Mr. Pruitt,” he said, pointing down at the paper in his hand. “After your arrest, it is clearly stated in this report that you were initially intending to plead guilty and throw yourself on the mercy of the Court. You were also to be represented by the local Defense Attorney. If you were innocent as you claim, why did you not plead not guilty from the start?”
“Sheriff Coffee told me that with Joe Cartwright’s evidence I wouldn’t stand a chance. His was a water-tight testimony and I should just throw myself on the mercy of the Court. I mean, who would believe me when up against a Cartwright?”
“So it must have been a great surprise when Mr. Reed suddenly appeared and offered to take over your case, even change your plea. After all, this is a well known and very expensive lawyer. Did you not wonder how you were going to pay for his extremely talented services?” asked Daniel, scornfully.
Shaking his head, Seth looked over towards his attorney. “Mr. Reed said he would only accept the basic state fee. I was not to worry.”
“Mr. Reed is indeed a very generous man,” said Daniel with a mirthless smile. “Did you wonder why he had taken an interest in you?”
“I did ask. He just said my case sounded interesting and he only wished to give me a chance of proving my innocence…especially as Joe Cartwright was the main prosecution witness. He hadn’t been too impressed with Joe’s behavior the last time they had met and thought I was at a disadvantage against such a rich and powerful family.”
“I see. So in other words, Mr. Reed has a personal grudge against Mr. Cartwright?”
Wilson Reed stood up, his face red with indignation. “Objection, Your Honor. My personal reasons for taking on this case are purely my own and not for the Prosecution to speculate about.”
“Objection sustained.”
Daniel Jenkins gave his opposition attorney a look of disdain then walked back to replace the paper on his desk. He turned again, pausing for a moment as he scratched his head. “Mr. Pruitt. You stated you left for a few days on business. Could you inform the Court what business?”
Shuffling uneasily, Seth gave a quick nod. “I needed to take a small sample of silver to the assay office in San Francisco to be tested.”
“I see. In your previous statement you mentioned that you had only found the vein of silver shortly before Joe Cartwright came to the mine to see you, four weeks after Abe Cooper died. So where did this silver sample come from?”
Sweat ran down Seth’s shirt and he wiped his hand across his forehead before running his hand nervously through his hair. “I…I found it a couple of days after the accident. I was helping Sara clear out some of her father’s belongings and it was in one of his saddle bags. I guessed he must have dug it out but decided to keep it a secret until he found the mother lode.”
“So you are only guessing that the silver came from the mine? You actually had no way of knowing where Mr. Cooper obtained the silver?”
“No. I…wasn’t real sure. But it stands to reason…”
“And what was the report on this silver?” Daniel asked without waiting for Seth to finish his sentence.
The young man did not even hesitate when he replied, nodding enthusiastically. “It was good! Top grade silver. It was one of the best samples seen in a long time!”
“Really, Mr. Pruitt? Top grade!” Daniel looked gravely at him, raising his eyebrows. “What a shame Mr. Cooper was not alive to read the report. After all, if it was the mother lode he located, it was on his property! His silver! His fortune! Not yours! What a stroke of luck that the roof fall was to rid you of the one man who stood between you and the riches that were implanted in the walls of the mine,” Daniel suggested sarcastically, giving him a hard stare.
With his shrewd eyes narrowing Daniel turned away from Seth and looked over towards Judge Woods. “No further questions, Your Honor.”
Judge Woods tapped thoughtfully on his bench for a few moments. “Very well,” he said eventually, taking out a small watch on a chain from his top pocket and giving it a quick glance. “In that case I call a short recess of thirty minutes. When we return, Counsel can make their final statements before the Jury retires.”
As Judge Woods disappeared into his private chamber, the standing Courtroom began to shuffle towards the exit, eager to find refreshments after the long morning’s proceedings. Sheriff Coffee and his deputy escorted Seth out of the courthouse to the jail, Wilson Reed making his way to his hotel for a welcomed cup of coffee. Eventually the room was empty save for Daniel Jenkins and the four Cartwrights.
The courtroom echoed in silence for a moment when suddenly Joe gave a hollow laugh. “Pity! He said he pitied me!” The hostility in his eyes and voice was undisguised as Joe looked over towards the empty defense table. “Seth was a good friend when Laura died. He was there for me, as well as Sara. Now he has told all those lies...made up all those lies! How could he?”
Ben shook his head sadly, placing his arm around his son’s shoulders. “He’s a desperate man, Joe, desperate to save his own skin. But you told the truth…that’s what matters, son.”
A flicker of bewilderment crossed over Joe’s face as he stared into his father’s weathered features. “The truth? What does it matter what the truth is, Pa?” he asked flatly pushing back his chair. With his usual spark missing in his gait, and a look of resignation on his face, Joe walked slowly towards the door. “I need some air!” he called over his shoulder as four pairs of eyes stared after his back until he disappeared from view.
“Surely you don’t think the jury will believe what Seth has been saying? They aren’t that gullible, are they?” asked Ben, turning to look over at the Prosecutor.
Daniel shook his head. “I don’t know, Ben. It only needs one seed of doubt in one member of the jury, and who knows what the outcome will be? It wouldn’t take much for them to bring in an acquittal.”
“But that’s insane!” cried Adam. “They can’t believe Joe would have lied about all this?”
“That’s right!” echoed Hoss, giving a deep nod of agreement. “Joe is as honest as the day is long. Everybody knows that!”
Daniel took a sip of water from a glass on his desk, grateful for its coolness on his parched throat. He looked back towards the Cartwrights, his voice showing a noticeable lack of enthusiasm. “Unfortunately, not all the jury does know Joe. Some of those men accepted for jury duty by the Defense have only been around Virginia City for a few weeks. They won’t be aware of the Cartwright reputation for honesty and fair play. All they know about Joe and Seth is what they have heard this morning. And the way Reed has played it…it doesn’t bode well.”
Hoss gave his father a worried stare. “What do you think Joe will do if Seth is acquitted? It was hard enough keeping him from going after Miller. Knowing Seth is still guilty…well he’s going to be as mad as hell!”
Anxiously nodding in agreement, Ben sank down on his chair. “I don’t know, son. I really don’t.”
Minutes passed and the Court began to fill again, sympathetic glances shot towards the Cartwrights by most of those who filed into the room. Sheriff Coffee walked in with Seth, guiding him to his place at the defense desk quickly followed by Wilson Reed, who with a deep smile of satisfaction on his face was obviously a man exuding confidence.
Ben looked towards the door anxiously as the Jury shuffled in from a back room and took their places. Hoss leant over and nudged his father gently. “You want me to go look for Joe, Pa?” he asked, well aware of his father’s concern. Ben was about to nod when a familiar figure walked through the door, grim faced as he made his way to sit next to his father.
Joe leant back in his chair, his fingers tightly holding onto his hat. Aware of his father’s eyes on him, Joe threw him a faint smile of reassurance he was okay then returned his gaze towards Wilson Reed and Seth as a door opened and the Judge made his entrance.
Once settled behind his bench, Judge Woods looked over towards the two attorneys. “Gentlemen, do you wish to call further witnesses?” Both men shook their heads.
“Very well. The Prosecution may make its final statement to the Jury and the Court.”
Making an impassioned speech, Daniel initially gave Seth’s reasons for wanting Abe Cooper dead, and how he would have succeeded in getting away with murder if it were not for the arrival of Joseph Cartwright.
Dismissing Seth’s evidence, Daniel placed all his faith in his main witness for the Prosecution, who, with the evidence he had submitted, had laid himself open to being charged with withholding vital information. Daniel pursed his lips together then stared at the Jury with a grim expression. “Why has Joseph Cartwright admitted his part in the initial cover up of Abe Cooper’s death? Why did he have his friend arrested and charged with murder?” he asked rhetorically as his voice raised in volume. “Because his conscience demanded it of him! He had nothing else to gain, just a desire to have the truth proclaimed in a Court of Law.”
Turning from the Jury, Daniel walked towards the defense desk. “The facts are clear for all to see. Seth Pruitt has repeatedly lied in a vain attempt to thwart punishment,” Daniel declared, looking pointedly at the defendant as his face reddened and the vein in his necked throbbed noticeably. He returned to stand in front of the jury, looking intently into each face. “The possibility that his fiancée would be swayed by her father’s insistence that he was not the man for his daughter was just too much for the defendant. He couldn’t risk losing the vast amount of wealth in that mine, so when the opportunity to end the life of Abe Cooper came about, he didn’t think twice. It was not an act of mercy, but a cold blooded murder, done both with intent and without remorse for the sake of greed! Seth Pruitt is guilty as charged!”
Daniel turned and walked in front of the Judge’s bench, his voice now hoarse. “That concludes the case for the Prosecution, Your Honor,” he said, giving a quick nod of the head before returning to his seat.
Judge Woods turned his eyes towards the Defense. “Mr. Reed. You may make your concluding statement.”
Wilson Reed’s face broke into a grim smile as he neared the seated jury. “Gentlemen,” Reed began. “This case is simple. It is one man’s word against another’s. Let us start with the facts that have been laid before us,” he said, nodding his head in the direction of Doctor Martin. “From the medical evidence given, there is no conclusive evidence that can determine when Mr. Cooper received the blow to his head, which resulted in his fractured skull, and probable death.”
He moved towards the jury, fixing his eyes on each one in turn. “It is my client’s word against that of Joe Cartwright that Abe Cooper did not die solely due to the roof fall that day. Both Mr. Pruitt and Mr. Cartwright removed the deceased man from the mine and took his body into town. Never was it mentioned there had been anything but an accident in the mine. Why? Because that was all that it was. A terrible accident! And why would the Prosecution witness concoct such a malicious lie about the defendant?” Reed added, his voice rising to a crescendo as he pointed his finger at Joe. “Because he seems to have a natural ingenuity and an apparent determination to mislead the Court about the death of Abe Cooper! Who knows what goes on in the warped mind of a man still in love and unable to accept the fact Sara Cooper would soon be marrying Seth Pruitt. It was the one way he could think of to rid him of his rival.”
Reed turned and walked over to his desk, looking down at Seth. “Take pity on this man, members of the jury. For he is guilty of no crime, but has already paid the price of innocence! His reputation besmirched…his fiancée deserting him, having been convinced of his guilt by their so-called old friend, Joe Cartwright.” He walked back to the Jury, his voice pleading. “Gentlemen! Please! Restore my faith in human decency and find my client innocent!”
There was an eerie silence in the courtroom for a moment as Wilson Reed made his way back to his desk and sat down. Judge Woods made a few notes and then put down his pencil, staring over towards the jury, the twelve men moving their heads to gaze at the Judge in unison. Taking a drink of water, the Judge then removed his spectacles and cleared his throat.
“Gentlemen of the jury. The evidence has been laid before you in a concise and eloquent form by both the Prosecution and the Defense. Did Seth Pruitt kill Abe Cooper after the rock fall as claimed by the Prosecution? Or was it an accidental death and Mr. Pruitt was accused falsely by the main witness for the Prosecution, Mr. Cartwright. Two men with different accounts of what took place, but the outcome remains the same. A man is dead. Your duty is plain…to seek out justice. It is up to you, the members of the jury, to decide who is telling the truth from the facts laid before you.”
Judge Woods became silent for a moment, his eyes traveling slowly and penetratingly between each of the twelve men. “I must remind you we are dealing with a man’s life here. There must be no doubt in your minds when reaching a verdict. No doubt at all!”
He nodded towards the clerk. “Please remove the Jury to deliberate the facts of this case,” he asked, sitting back in his chair as the clerk ushered the twelve men into the back room.
Banging his gavel once more on his desk, the Judge announced a recess then stood up and returned to his chambers, leaving Sheriff Coffee to escort Seth back to the jail with Wilson Reed and those standing in the courtroom to make their way outside.
Joe sat impassive, his eyes staring straight ahead, seeing nothing, hearing nothing, in a world of his own. Adam stood up and tapped him gently on the shoulder. “Joe? We had better go. jury could be out for hours,” he stated, as his brother continued to stubbornly remain silent and unmoving, no flicker of a response crossing over his face.
“Come on, Joseph,” requested Ben, gently taking hold of his son. “Let’s go and have something to eat at the hotel.”
Suddenly Joe was released from his trance like state and feeling a hand on his arm pulled away sharply, jumping up from his seat. “I need a drink, a few drinks…but as for eating…I don’t have an appetite,” he spat angrily as he brushed past his father. Ignoring the pleas to calm down and return that followed him, Joe disappeared through the door and into the main thoroughfare of Virginia City.