by R. E. Miller
Charles looked at Lewey and asked, “Do you agree? What are your thoughts?”
Lewey was dozing but the mention of his name woke him, “What did you say, Charles?”
“I said, do you think Poll Soll is guilty?”
“I can’t tell you for sure who did it. I was unconscious, but everything points to those two. Everything happened in the Cogan where they live.”
“Phillip, do you have any doubt that Poll Soll was involved in Rachel’s murder?” Charles asked.
“There is no doubt in my mind.”
Ann looked at her father and asked, “Will Mary and I go?”
“A murder trial is no place for decent women. If you can’t remember what happened, I don’t want you to sit and hear all the details again. I wouldn’t want you to break down in the courtroom.”
When everyone began to yawn and discussion ended, Charles and Mary retired. Phillip and Ann fell asleep on the sofa wrapped in each other’s arms. That night Ann had no dreams and woke refreshed the next morning.
Morning came early for Charles and Mary. Phillip heard footsteps and immediately sat up and gently tapped Ann to wake her.
“Well, good morning. I see you prefer the sofa to your bed,” Charles joked.
Phillip and Ann proceeded upstairs to freshen up and change clothes. After dressing, Phillip went into Ann’s room. He gently kissed her and she said, “Phillip, I don’t know when I’ll see you again. I don’t want you to leave. These past weeks here and the time spent with you and of course, Mary’s help and friendship have made me stronger.”
“I hate leaving you more than anything, but don’t worry; I’ll be back as soon as the trial is over. We’ll have time together before you leave, and then I’ll join you in Philadelphia as soon as I can.”
Mary, as usual, had a huge breakfast waiting, but this time she took special care in its preparation. Charles called, “Phillip, we have a long journey ahead. Come down and join Lewey and me for breakfast.”
Lewey had already attended to the team and Phillip’s horse. He dreaded the trip. He had never wanted to go through the Cogan again, but he had no choice.
During breakfast the discussion turned to the Cogan, and Charles asked, “Phillip, when we go through the Cogan, you’ll show me first hand where the events took place?”
“Yes, leaving early will allow ample time to show you where things happened.”
Charles was eager to leave and instructed Lewey to bring the coach around and load the bags. “Remember, Phillip, we need to make Herndon before nightfall.”
There was still snow lying on the ground as Charles opened the front door and gave Ann and Mary a kiss. “By the end of the week, this should all be over. But I’m going to stay until Poll Soll hangs.”
Ann and Phillip embraced one last time before he climbed into the coach. He whispered in her ear, “Soon we’ll be together always. I love you.”
Charles opened the door and stood on the running board and held on to the coach, Lewey you know how to get there don’t you?”
“Yes, I know how to get there.” Lewey just shook his head.
CHAPTER 23
The snow stopped sometime during the night and the morning air was warmer. The snow melt made the road muddy and full of ruts making the coach harder to handle, but the April morning was sunny as they made their way toward Sunbury.
The ride, although bumpy, was pleasant enough. Now and then, however, Phillip opened the door and yelled, “Lewey, are you okay? Do you want any help?”
Each time Lewey replied, “No, I have it under control.”
“I guess we’re in for a rough ride,” Charles said. He frowned in concentration for a moment before looking at Phillip. “I have many questions to ask when we get to the Cogan. I’ll have Lewey go slow, and you can explain all of the details. I want to have a full understanding of what happened before the trial.”
Halfway to the Cogan, Lewey passed a wagon and had to move the coach to the side. All of a sudden the coach bounced, and the right rear wheel collapsed as the spokes separated from the hub. Lewey immediately stopped the team and leaned over to the side of his seat to look. Charles and Phillip scrambled from the leaning coach and looked at the wheel. “What happened?” Charles asked.
“I had to move over so the wagon could pass. I saw the rock, but it was too late. Lewey shook his head as he climbed down.
“Can you fix it?” Charles asked.
“Yes, but it’s going to take awhile. I have to put the entire wheel back together.”
“I’ll help you, Lewey. Maybe it won’t take as long,” Phillip offered.
With Phillip’s help, Lewey started putting the wheel together, spoke-by-spoke. Charles paced back and forth on the side of the road, constantly looking at his watch. Once in awhile he checked on their progress. Both Lewey and Phillip knew he was upset, but there was nothing they could do.
“It’s good we left early today.” Charles said as he glared and asked, “How much longer will it be?”
“I don’t know, Charles. Phillip and I are doing the best we can.”
“This throws off our entire schedule. I probably won’t get the opportunity to see the Cogan in the daylight or maybe at all,” Charles said as he walked away shaking his head.
It took the best part of the afternoon to fix the wheel and put it back on the axle. The sun was just above the tree tops, and Lewey knew they would have to go through the Cogan in the dark. Before they started again Charles asked, “Phillip, do we still have a long way to go?”
“Yes, we do. It looks like I won’t be able to show you where the murder took place or the burnt out buildings. I really wanted you to have a good idea of what happened.”
“I guess I’ll have to pay close attention in the courtroom,” Charles said still annoyed.
Silence took over as the coach traveled toward the Cogan.
At dusk, Charles tapped the dozing Phillip on the shoulder. “Look at that! A full moon is coming up on the horizon.”
“It’s beautiful!” Phillip agreed. “What a beautiful sight, that big orange ball slowly making its way into the eastern sky,” he added.
The higher the moon rose in the sky, the brighter the evening became. At last the Cogan was in sight. The air was cold as they entered and snow still covered the ground.
“It’s always much colder here even during the day,” Phillip said when he saw Charles reach for a heavier coat.
The mountains hid the moon. It was very dark. Lewey lit lanterns on the front of the coach and slowed the team to a walk to avoid going off the road. Although the lanterns were large, the light was uncertain and barely penetrated the darkness.
Charles opened the door. “Lewey, I want you to stop. We’ll wait here until the moon rises above the mountain top so it reflects off of the snow and illuminates the area. We just might be able to see everything after all.”
“Yes, sir,” he said as he pulled on the reins. Lewey reached for his heavy coat and pistols out from under the seat. He would take no chances; he hated this place.
“While we wait, this would be a good time to discuss your future, Phillip.”
“What do you want to discuss?”
Charles leaned back. “Before Mary came into my life, Ann was the only one that mattered anymore. I love her very much and only want what is best for her. The past few weeks made it apparent to me that you certainly love each other. I suspect that if I don’t give my blessing to you and Ann, it would only create a division between us. Therefore, you have my permission to marry Ann.”
“Charles, that’s the blessing I’ve been waiting for. I promise I won’t disappoint you or Ann.”
“Are you still planning to resign and move to Philadelphia?”
“As soon as the trial is over and Poll Soll is hanged, I will resign.”
“I remember you once made the statement that you’d be more successful than me. I’m going to hold you to that.”
“I promise you I’ll become successful an
d provide Ann with the things she’s accustomed to.”
“Your success will not happen overnight; it’ll take years. It’s good Mary has been teaching Ann how to do many things in the home, and she seems to enjoy it. I never imagined Ann in the kitchen, but the meal she prepared was a pleasant surprise.”
A half hour had passed, and finally the moon rose above the mountain. Charles was right; the moonlight illuminated off of the snow giving ample light to see.
Charles opened the door, “Let’s go, Lewey, but be prepared to stop. I want Phillip to explain everything that happened here.”
The moonlight against the trees cast long shadows giving Lewey an eerie feeling. He was more uncomfortable now than he had ever been in this place, but he had to do what Charles instructed.
Soon Phillip called out, “Stop here, Lewey.”
He pulled up the team, and they climbed out. Phillip explained in detail where the murder took place, where he was shot, and how the man jumped from the bank to the top of the coach and kicked Lewey.
Hearing the details brought back horrible memories for Lewey, things even he had suppressed.
Phillip explained how he had found a trail up over the mountain that led back to their house, a shortcut to this spot.
“The two brothers knew we had to pass their house on the way to the Cogan road, and when we did, they took the shortcut here and waited. I had heard that other women were raped on this road, but no one was ever arrested. Lewey, we can move on now. I’ll tell you when to stop again,” Phillip said.
They made two more stops along the way. One was to show Charles where the buildings had burnt and where he found the man floating face up in the well with his head split open. The other stop was to show him the entrance to the burial cave.
Walking back from the cave entrance Charles said, “Phillip, your explanations of the events have given me a grasp of the facts. I believe he’s guilty!”
Lewey spat into the snow. “As much as I hate this place, Phillip’s review of the events has made the facts even clearer to me. Now I’m positive about his guilt.”
Late in the evening they arrived at the Herndon Inn. After a hot meal, the three travelers retired. The next morning they were up early for the rest of the trip to Sunbury.
Monday afternoon both Phillip and Lewey had to report to the prosecutor’s office to go over the evidence. “Even though there are no eye witnesses, I think we have enough circumstantial evidence to convict Poll Soll,” Mr. Hoffman, the prosecutor, said after meeting with the two.
Phillip reported to the fort after he left the prosecutor’s office and was surprised to see Tom waiting. “It’s nice to see you again, Tom. When did you get here?”
“I just got here this afternoon and came right to the fort. I didn’t know where or when Mr. Fairchild or you would arrive.”
“Lewey and I just returned from the prosecutor’s office. He feels very positive about getting a conviction. Tomorrow it starts; I’m hoping there will be a hanging by Saturday.”
“That’s positive news, Phillip. I hope you’re right.”
“Charles has reserved a room for you at the same hotel where he and Lewey are staying. I’ll walk over with you after I report to my captain.”
When Phillip and Tom entered the lobby, they noticed Charles and Lewey in the saloon having a drink. Charles immediately stood and extended his hand to Tom. “I’m sure you could use a drink after a long trip. Did you stop at the lodge on your way? ”
“Yes, I stayed over last night and had a nice visit with Mary and Ann. Then I left early this morning.” He shuddered, remembering his trip through the Cogan that brought back memories of the search and finding Poll Soll.
The day of the trial finally arrived, and people came from everywhere to attend. There hadn’t been so much excitement for years, if ever. Phillip and Lewey were ready to get it over with. Charles made sure he and Tom sat right up front, immediately behind the accused.
Exactly at nine o’clock in the morning the bailiff brought the court to order, “Hear ye, hear ye. All rise for Judge Jacob Gerhard. Court will now come to order.”
“My first order of business is to make clear anyone who disrupts these proceedings will be removed from the courtroom for the remainder of the trial,” Judge Gerhard said glaring at the assemblage.
He then spoke to the prosecutor, Thomas Hoffman, and the defense attorney, David Brandt. “I want to remind both of you that I’m in charge of this court, and I will not tolerate disorder, or backtalk.”
Both nodded.
“Bailiff, bring in the prisoner.”
Poll Soll entered. It was difficult for him to walk with shackles on his legs. Everyone in the courtroom took a breath. He was a pathetic looking little man but extremely muscular. He never moved his head, just his beady little eyes as he glanced around the room.
Charles, who never saw Poll Soll until that moment, was surprised by his appearance. His first thought was, he’s the murderer? He looked at Tom and whispered, “This pathetic man murdered Rachel?”
“He may look pathetic, but don’t let his looks fool you. It took us six days and luck to find this man; he nearly escaped capture,” Tom reminded him.
“Bailiff, bring in the potential jurors,” Judge Gerhard said.
It was an all man jury pool. The prosecution nor the defense really didn’t care who was on the jury so selection didn’t take very long. Until he saw Poll Soll walk into the courtroom, the defense attorney had no idea what type of defense to prepare. Then it hit him: no one would believe this pathetic man could murder anybody.
Poll Soll never looked up. He just sat and stared down at the table; he was certain of his fate.
After jury selection, the judge ordered the prosecutor to give his opening statement.
Mr. Hoffman walked in front of the jury and began, “Gentlemen, I’m about to prove to you that the defendant is guilty of the murder of Rachel Miller. He and his brother both took part in this heinous crime, and I will prove that not only did he murder Rachel Miller, but he also murdered his brother. I have testimony from witnesses. I have the murder weapon with her blood on it. Before this trial ends, there will be no doubt in your mind that he killed Miss Miller. You will only come up with one verdict: guilty.”
The chatter in the courtroom became loud. “Silence!” Judge Gerhard hit on the desk with his gavel. “Remember what I said.”
Until that point, Poll Soll did not realize the extent of the crime for which he was being tried. Now, he was sure he was going to hang.
“Mr. Brandt, proceed.”
He slowly walked to the jury box. “You all saw this man walk into the courtroom. He could barely make it. All you have to do is look at this man, and you can see physically he is incapable of any crime, let alone murdering two people. He can hardly walk. I will prove that he didn’t have anything to do with this murder. I will prove that the murderer is still out there, and therefore, you can’t possibly convict this man. I will prove there is only one conclusion: not guilty.”
Jury selection and the opening arguments took all morning, and at noon the Judge dismissed for lunch. He wanted the jury back by exactly one o’clock and without discussion among themselves.
Charles, Phillip, Tom and Lewey all had lunch together. Charles was still in disbelief over the defendant and said, “I hope the prosecutor presents his case to convince the jury he’s guilty. Based on appearance alone, he could get off.” He looked at Phillip. “Are you sure this man committed this crime?”
Phillip could sense Charles was concerned, so he point blank told him, “He did it, Charles. There’s no doubt in my mind. You’ll see as the trial progresses, and he’ll hang for it.”
“Okay, I believe you.”
After lunch the Judge ordered the prosecution to present his case. “Mr. Hoffman, call your first witness.”
Mr. Hoffman strode to the front of the room, stuck his thumbs in the pockets of his expensive-looking vest and puffed out his chest. He looked
at the jury sadly before glancing at the crowded courtroom. “I call Mr. Lewey Hess.”
Lewey rose to his feet feeling a taste of nausea in his throat. Despite his statement the previous evening, he hadn’t seen Poll Soll do anything. Circumstances conspired to place him at the scene and if he wasn’t guilty as sin, why didn’t he tend to the other victims as well? Why run off with the evidence and the other defendant?
Hoffman stood in front of the podium as the oath was administered and then turned to face the jury for his opening question. “Mr. Hess, are you familiar with the area called the Cogan?”
“Yes,” Lewey was grateful for an easy question.
“Mr. Hess, how many times have you been through the Cogan?”
“Including the trip to the trial, five.”
Hoffman smiled as if he’d been caught attempting to steal a cookie from an open cookie jar. “Did you ever see the defendant in the Cogan?”
“Yes.”
“Mr. Hess, did you ever see his brother in the Cogan?”
“Yes.”
Brandt rose to his feet. “Objection Your Honor, his brother is not on trial.”
Gerhard did not look at the defense lawyer but he did intone, “Sustained.”
Hoffman smiled again as if to say, what difference does that make to us? We know the truth. “Mr. Hess, do you know where the defendant lived?”
“Yes.”
“Did he live in the Cogan?”
“Yes.”
“How do you know that?”
“We stopped at the livery stable to get food and water for the horses on our first trip to Sunbury, and his house was right next to the livery stable.”
“But how do you know he lived there?”
“His brother told me.”
Brandt rose wearily to his feet, hand raised. His look was one that told the jury, let’s play this honestly. “Objection Your Honor.”
Gerhard shook his head. “Overruled, go on.”
Hoffman continued. “Did the defendant see the two ladies with you, Rachel Miller and Ann Fairchild?”
“Yes!”