‘And then you met Sonny Davenport?’
‘Yes, let me think. I’ll get this right. We’d gone as far as –’
Ellis stood. ‘Your Honour, Mr Wolf is speaking to a script. This is insulting to –’
The judge stopped him. ‘I’m more intrigued than insulted. I’d like to hear where it’s going. But consider yourself on notice, counsel.’
‘This stressful situation is testing Mr Wolf’s memory, your Honour. I promise there’s no cunning at play.’
Gideon clicked his fingers.
‘Mr Wolf, please,’ the judge said.
‘Sorry, your Honour. Things come back all of a sudden. I was in Appleton with Ned, making for the river. We were ambling along, happy enough in the sunshine, when I saw the boy sitting on a rock, nobody near him. And without me doing anything about anything he decided to follow us. Didn’t say a word. Could’ve been Ned’s twin – peas in a pod.’
‘Your Honour, this is a ridiculous story, entirely unsubstantiated,’ Ellis said.
‘Possibly so, counsel, but let’s hear the whole of it. Mr Wolf, you were travelling to a river for an unexplained reason when you found yourself in the company of two uncannily similar children. Go on.’
‘Now, I understand how peculiar that sounds, sir, but there are scads of young ones on the streets, orphaned or unwanted. They look for other children to travel with, safety in numbers.’
‘And what made you suspect this boy was Sonny Davenport?’
Wolf jerked his head back. ‘I didn’t. Wouldn’t. I’d never heard of the Davenports. Just met this lone boy. The two lads seemed companionable enough at the river, and I had no reason to chase him off. But he never answered my questions, didn’t even say his own name. Shock, most likely, the way the doctor said. I’ve seen –’
Ellis stood again.
‘Yes,’ the judge said, nodding. ‘Mr Wolf, as you lack medical training I’d ask you to resist diagnosing the boy.’
Ellis spoke anyway. ‘Your Honour, this is the first any of us has heard this story since Mr Wolf arrived in Opelousas. And he’s had ample opportunity to speak. There’s no proof Mr Wolf ever came upon another child – no witnesses, no evidence. We haven’t heard from Miss Mill that any of this is true. There is only proof that Gideon Wolf was caught with Sonny Davenport.’
The judge grunted. ‘Mr Wolf, I trust your lawyers will guide you to explain why you’ve waited so long to share this part of your story with us. In the meantime, I urge you to remember your oath.’
‘Ran off,’ Gideon said. ‘He ran off.’
‘Who ran off?’ the judge asked.
Before Gideon could reply, Gabino spoke. ‘Your Honour, Mr Wolf didn’t have all the information at his disposal until recently. He’s explained he didn’t know the name of the other boy since the boy didn’t offer it. He had no idea the Davenport family had been searching for their son.’
The courtroom erupted into laughter.
‘Back then!’ Gabino shouted.
‘Is there room under that rock for me, too?’ Eddie called out.
Mrs Billingham turned to Gladys and said, ‘Oh, for Heaven’s sake.’
‘Your Honour,’ Ellis said loudly and gestured with a sweep of his arm, ‘the response from the courtroom is telling, is it not? Even if neither of the sheriffs used Sonny Davenport’s exact name in front of Mr Wolf, which I’m certain they would have, every person who visited Mr Wolf did. And he swore black and blue the boy was not Sonny Davenport but Ned Mill. His story has more holes than a colander.’
‘The other one,’ Gideon said. ‘I meant the other one ran off.’
‘Your Honour, I ask you –’ Ellis stopped and shook his head in disbelief.
‘Back then, at the time,’ Gabino said. ‘How could he know back then?’
The judge banged his gavel. ‘Mr Ellis, would you approach, please?’ As Gabino moved to join them, the judge waved him back. ‘I have a comment on procedure that’s relevant to the prosecution.’ He addressed the jury, ‘Allow us an administrative moment, gentlemen, then we’ll continue.’
The judge spoke quietly to Ellis. ‘I want to check that you recognise this tale, though unexpected, can work for your client if you guide Mr Wolf in the right direction. I can’t tell you what to say, other than to note you’d be remiss if you fail to think through how this can be incorporated into your strategy.’
‘But the idea there were two boys travelling with him is patently a fiction.’
‘Might it be a fiction that would let your clients live their truth?’
‘It might be.’ The judge’s suggestion alarmed Ellis, both for its betrayal of legal principles and the bias of his advice. Ellis wanted to win his case, of course, but not by throwing his professional ethics into the fire. The advice, however, could not be dismissed.
Ellis walked back to his table, shaken.
‘Mr Wolf,’ Judge Roy said, ‘a question has come to my mind. I’d ask you to think carefully before you answer it. Which boy was with you when you first encountered Sheriff Bird? Your interjections suggest you want us to understand one of them had run away by the time you reached Mobile.’
Wolf shuffled his feet in the witness stand. ‘You’re asking me to recall a long ways back.’
‘I am.’
Mary tried to make sense of what Wolf was saying, and whether she wanted it to be true. If she believed the line of reasoning Mrs Capaldi had persuaded her of – that the boy was not exactly Sonny but Sonny in essence – and if Gideon’s story was true, then was the boy who’d run off her real Sonny? If so, then they did, indeed, have Ned Mill and this whole case was an abhorrence. John Henry should be travelling to this unnamed river, this rock in Appleton, to continue searching. But if any of this had occurred to John Henry he showed no sign of it, staring straight ahead, expressionless. Had he heard the same words she had?
Tom also puzzled at the ramifications of Wolf’s story. It was a lie, that much was clear. But it’d be a tricky one to prove or disprove, and so served mostly to confound the jury and muddy the waters. Unless … Ah, if they discounted Esmeralda’s third-child story, and it didn’t seem as though that was going to be brought into the defence, then the boy in the library viewing could be said to be Sonny, while Ned had run off in some nowhere town. And though this scenario was devastating for Grace, she was worth nothing to either side. It might work. Though, dear God, it was a brutal thing to do to a woman.
Judge Roy grew impatient. ‘Mr Wolf, can you tell me if you believe the child with you at the time of your arrest in Mobile – the child who did not run off – was Sonny Davenport?’
Even the more naive jurors recognised this as a leading question, a shocking intervention from the one neutral party in the room to whom they could look for guidance. The judge continued, undeterred by the room’s reverberations.
‘What I am asking you, Mr Wolf, is this: was the boy who ran away from you Ned Mill?’
Both Gabino and Ellis sat forward in their seats. Though it would’ve seemed unlikely a few hours before, both the prosecution and defence now wanted Gideon Wolf to say yes. Were he to utter this one word, Gabino could close his case by arguing Wolf had rescued the Davenport child who, struck mute by circumstance, did not tell the tramp who he was. That child had been co-operatively returned, and no crime had taken place. Since Wolf’s story vindicated the Davenports and there was no further incentive for them to proceed, Gabino felt Ellis could convince them to withdraw their case. And certainly, the judge seemed inclined to that outcome.
Gideon Wolf’s years on the road had honed his talent for acting. Many times when he’d pleaded for a warm meal, a bed, loose change or work, he’d embellished the truth so persuasively he’d almost believed that every word he said was God’s truth. He needed to use those talents now. Gabino had rehearsed the story with him over and over. But he was glad Grace was not in the room. She was a loving mother, and he was about to betray her.
He looked at Mary Davenport, finely dressed
, anxiously stiff. Gideon had heard the rumours about her wild mind, but Ned would be given a wholesome life, a grand home, all the goods money could buy. Grace would suffer, but not so much as he would hanging from a rope if he didn’t say what the Davenports wanted to hear right now.
He took a deep breath. ‘I don’t know who it was stole that child away from his loving home but cursed be that man, for I’ve never met a more agreeable child than Sonny Davenport. The child has seen some hardships, but not at my hand. From the time he came to me, I made sure he was fed, and put him on my back when he was too worn out to walk. I committed no crime. It was lucky I met Sheriff Bird when I did and he was able to find the boy’s family. And yes, it was Ned Mill who ran from me. I’ll never know why. Truth be told, I was ashamed of that. I wanted everyone to believe it was Ned still with me. I couldn’t let Grace down – that kind, suffering woman – couldn’t go back without her boy. And I didn’t know anything about the other boy, if he even had a family anywhere. I do know I took care of him. But I admit I lied about the boy, and that was wrong.’ Gideon looked out at John Henry. ‘I’m glad to see Sonny Davenport back home where he belongs.’
The courtroom erupted into noisy talk. Tom bolted out of the room to get his story to Mr Collins. John Henry patted Ellis on the shoulder, then returned to his wife to embrace her. Mary hid her face in her husband’s shoulder. The judge banged his gavel and declared an end to the day’s proceedings. People flooded out of the courtroom, a riot of eager talk. They would return tomorrow; no one would miss it. Because though the day had been action-packed, Grace Mill had yet to take the stand.
Sheriff Sherman walked outside slowly, disturbed by what he’d witnessed. He’d met plenty of criminals who considered adherence to truth and laws as optional, but it was troubling to watch people in power do so. If laws weren’t followed by the very people who wrote and enforced them, then what use were they?
CHAPTER THIRTY-SIX
At nine-thirty on the second morning of the trial, a day as pitilessly bright and clear-skied as the one before it, once the public, judge and jury sat down, the bailiff opened the double doors to admit Grace Mill and the Pennys to the courtroom. Everyone watched in silence as the Pennys helped Grace walk the aisle to a bench behind Gideon Wolf.
Judge Roy had hoped she’d be too ill to attend, but now she was here he needed to choose his next move. After Gideon Wolf’s testimony, the judge felt certain the jury would find Gideon Wolf innocent, and the Davenports would go home with Sonny. He needed to make the road to that end as smooth as possible. He could instruct the lawyers there was no need for the woman to testify, and send the jury in to deliberate now. But it would appear heartless to deny Grace Mill the chance to speak, and may cause additional, unnecessary controversy. She couldn’t possibly say anything to change the narrative; Gabino’s two-boy story would hold. At most, people would feel sorry for her, and outraged at Wolf’s carelessness.
Judge Roy beckoned the two lawyers to come to him. ‘The woman is observably ill, so use a light hand. None of us wants to be seen as bullies. Do only what’s necessary to get both your clients what they want.’
Grace sensed the stillness in the room, saw that everyone had turned their eyes to her, an attentive herd. She’d smiled at Gideon, but he’d turned away without returning the gesture. That was odd, but maybe he felt as nervous as she did in this room. She studied one face after another, trying to read their expressions. The curiosity and pity were understandable: she was unknown, unwell, and Anna Beth’s clothes were ridiculously big on her. But she’d also prepared herself to face animosity – she was here to reclaim a son that one of Opelousas’ gentry had stolen: a popular and beloved family, as she understood it – and she saw none of that. A pretty woman at the back of the room had placed one gloved hand on her chest and looked at Grace with undisguised sympathy. Another woman had muttered ‘courage’ as Grace walked past. And there was the sheriff, nodding in a way she read as encouragement. Well, she thought, no matter what the prevailing mood in the room, she would say her piece. The Davenports and their friends wouldn’t like it, but once Grace and Ned left, the town would find a way to forget. She needed only to summon the strength to get through this part of it.
Gabino turned away, briefly, from his conversation with the judge to greet her. Grace supposed he’d tell her what to do when the time was right, though she wished he’d given more advice before now. He’d told her what he wanted her to say, and how to answer the questions he anticipated from the Davenports’ lawyer, but he hadn’t described the odd geography of the courtroom, and how she was to appear at ease in it. Was she supposed to stand and speak from this place where she sat; did the jury ask questions as well as the lawyers, and if so, was she expected to walk over to them when she replied? That would be tricky in her state, but the Pennys would be able to help.
Upstairs, Esmeralda fumed. When she’d taken her seat, minutes before Grace arrived, the woman next to her told her about yesterday’s revelation. As Esmeralda digested the story, and took in fragments of added information as they came at her from every person in the gallery, she watched Grace and the Pennys enter the courtroom. She hit a fist against her thigh in frustration. She could see Grace was almost eager. Was anyone down there going to tell her what had happened? Everything was now so unfairly stacked against her.
As if reading her mind, Joe mumbled to Esmeralda, ‘Don’t even think about it. You got three of your own depending on you.’
From the moment Grace Mill had entered the room, Mary’s eyes hadn’t left her. Grace didn’t look as Mary had expected. She was delicate, frail and appealing, with such a sweet face, though wan. That she’d come into the room ill, and would now learn that Gideon Wolf had lost her son – Mary felt some sympathy for her. Mostly, though, she wanted all of this over.
‘Miss Mill,’ Judge Roy spoke directly to Grace, ‘welcome to my courtroom. We appreciate the effort it must have taken to travel here.’
‘Answer him,’ Mrs Penny whispered.
‘Do I tell my story now?’ Grace asked. ‘I’m ready.’
The judge put one hand to his ear. Grace repeated her question. He sighed. ‘Yes, I suppose you should.’
Gabino stood and asked Grace to come to the witness stand. Seeing her confusion, he pointed at it. The judge gave Farmer and Mrs Penny permission to help Grace into the stand. Once Grace was seated, and the Pennys had apologised their way back to their own spot, the room fell quiet again. Grace coughed, a rattly, wheezy wave of coughs.
Judge Roy looked down at his papers. The entire room was waiting for Grace to gather herself so she could hear something that might be the death of her. What a case this was.
Gabino approached Grace with his arm extended, offering her his embroidered handkerchief, along with words of praise for her fortitude in leaving the bed she so clearly required. He told her she’d only be here for a short time, then he paused. Very soon Grace Mill would regard Gideon Wolf as a villain, and that was neither here nor there. Gabino’s job was to keep the tramp alive and out of jail, and he would do that. But the woman was so feeble, and so attached to the boy … This would be one of the more distasteful tasks of his legal career. ‘Miss Mill, do you know the man seated at this table?’
‘Yes, that’s Gideon Wolf. Hello, Gideon.’ Still, he wouldn’t meet her eye.
‘And is it true that you permitted your son, Ned Mill, to travel with Mr Wolf while you gave birth to your second child?’
‘Yes. But they didn’t come back. And when I heard from Matthew Cavett that Gideon was locked up in Opelousas, I was worried for Ned. Gideon, too, but my little boy. If I could see him, then we can –’
‘To be clear: your son, Ned, travelled with Mr Wolf with your permission?’
‘I’ve already said that to the sheriff. He can tell you himself. He’s –’
‘I have no further questions, your Honour.’
Ellis narrowed his eyes at Gabino, aware he’d been set up to finish the job.
‘Miss Mill.’ The judge stopped her. ‘I’m aware you may not be familiar with court protocol, but I’d ask you to answer the questions that are put to you and not speak to me directly.’
‘Oh, but sir –’
‘Miss Mill.’ Gabino stood up and shook his finger at Grace.
Ellis walked slowly to the stand. ‘It seems I have been charged with telling you what took place here in your absence, Miss Mill. Yesterday afternoon, Mr Wolf’s legal team – oh, and that man Gabino, he’s not your friend by the way, any more than Wolf is, oh no. Yesterday, Miss Mill, Mr Wolf told us that he had lost your son.’
‘Lost him?’ Grace stood up. ‘You lost Ned?’
‘Ran off,’ Gideon mumbled. ‘Not my fault.’
‘What are you saying, Gideon?’ She looked at Judge Roy. ‘What is he saying?’
‘Please sit down, Miss Mill, before you faint. Mr Ellis, I warned you both.’
‘Your Honour, I thought it best to simply state the truth. Miss Mill, you believe the Davenports have your son, but they do not. In front of this room, Mr Wolf said your son, Ned … ran away from him. He lost your son, Miss Mill. And was found with the Davenports’ son, as he’d travelled with both boys from –’
‘He wouldn’t do that.’
‘I’m sorry?’
‘Ned would never run away. He wouldn’t. Gideon, you know that.’
Gideon stared at his lap.
‘Ned is with them.’ Grace pointed at John Henry then looked up at the judge. ‘Have you not figured that out?’
Judge Roy glared at Gabino. ‘For the last time, tell your witness to direct her comments to you. And do not make Mr Ellis shoulder this entire burden.’
Gabino approached the stand. ‘Miss Mill, this is terribly sad. But with my hand on my heart, I confirm what Mr Ellis has said is true. Mr Wolf admitted under oath that he did, indeed, travel with your son. And then your son ran away from him.’
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