The Cogan Legend
Page 24
“What did he do?”
“He stared at Miss Fairchild the entire time he fed and watered the horses and never took his eyes off her.”
Brandt rose and looked at the jury. “Objection, Your Honor. Is staring at a pretty girl a crime?”
The jury laughed as Brandt hoped they would.
Judge Gerhard admonished them with a look.
Hoffman continued, ignoring the objection. “Did Miss Fairchild mind that he stared at her?”
“Yes, she told me never to stop there again; both girls were scared, and I was scared, too.”
“If everyone was scared, why did you continue going through the Cogan?”
“It is the shortest route to our destination; it cuts off a day of travel to Mr. Fairchild’s lodge.”
“Mr. Hess, did you see those men again?”
“Yes, that same night we saw the defendant’s brother at the inn in Herndon.”
“Was the defendant with him?”
“No.”
“Did his brother see you and the ladies?”
“Yes, he walked over to our table and offered to buy us a drink, but I refused.”
“Were the ladies scared?”
This time the defense attorney leapt to his feet. “Objection, Your Honor. Leading the witness.”
“Sustained.” The judge glanced over busy eyebrows. “Ask the question but don’t lead the witness, Mr. Hoffman.”
“How did the ladies react?”
“They were frightened, of course.” Lewey bit his lip. He felt terrible that he hadn’t protected Rachel better than he had.
Hoffman stuck a thumb in a belt loop. “How many travelers did you meet in the Cogan?”
Lewey nodded. “In five trips I never saw anyone else.”
Hoffman walked to his table and pulled a pipe from under a stack of papers, tamped tobacco in it and lit it before proceeding. “So, on all five of your trips did you pass his house?”
“His house is no longer there; it burnt to the ground, but on four of the five trips to and from we passed his house, yes.”
“Did you always try and get through the Cogan as quickly as possible?”
“Yes.”
“So you always had the horses going faster through that area because you wanted to get out of there as quickly as possible.”
“Yes.”
“Mr. Hess, the day of the murder did you see Poll Soll, the defendant, when you passed his house?”
“No”
“So it’s possible that he and his brother were waiting further up the road to ambush the coach?”
“Yes.”
Brandt sprang to his feet. “Objection, Your Honor, this is opinion, hearsay, guessing.”
Frowning at Hoffman, the judge said, “Sustained.”
Undeterred, Hoffman turned to Lewey. “Mr. Hess, on the day and approximate time of the murder did you see or meet any other travelers or any other strangers coming or going through the Cogan?”
“No, sir.”
“No one?”
“No one.”
“Mr. Hess, can you tell the jury what you can remember from the day of the murder?”
“As I said, I always had the horses going faster than normal through there. When we had gone a good distance beyond his house a shot rang out. I looked back and saw Lieutenant Matter fall from his horse, so I pulled up the team. Before I knew what had happened, I was knocked unconscious; that’s all I remember until I came to.”
“After you came to what did you see?”
“I managed to pull myself up, but my eye was swollen and bleeding. Then I saw the two girls in the coach; Miss Fairchild’s clothes were torn and ripped off; she hardly had anything on. They were both on the floor, and Miss Fairchild was holding Rachel in her arms crying. I climbed in the coach and grabbed blankets and covered both girls. That is when I saw Rachel’s wound.”
“A wound? What type of wound? Could you determine the weapon?”
“A knife, it was lying on the floor beside them.”
Hoffman paused for dramatic effect and then strode to the table in front of the bench. He picked a knife from the items in evidence and waved it in the air. “Mr. Hess, is this the knife that you saw lying on the floor of the coach?”
Lewey looked it over for a second and then said, “Yes, the Lieutenant took it out of the coach and put it in his saddle bag.”
“So Miss Miller was stabbed, and Miss Fairchild’s clothes were ripped?”
“Yes.”
“Mr. Hess, what would you say the intent was?”
“Poll Soll meant to rape the girls.”
Brandt, hoping to stop the runaway train, stood. “Objection. Speculation.” He had to speak loudly to be heard as the courtroom began to buzz.
Gerhard shook his head. “Overruled, go on.” He glared at the audience and banged his gavel. “Silence!” The murmuring receded.
“Mr. Hess, didn’t you say that the defendant stared at Miss Fairchild and never took his eyes off of her when you stopped on your first trip?”
“Yes.”
“And didn’t you say the day of the murder you didn’t pass or see any strangers, no other travelers while you were going through the Cogan?”
“Yes.”
“No more questions. Your witness.”
Brandt rose to his feet and stood behind his table. “Mr. Hess, on the day of the murder did you see the defendant anywhere in the Cogan?”
“No.”
“Did you see his brother anywhere in the Cogan?”
“No.”
“Did you see the defendant or his brother shoot the Lieutenant?”
“No.”
“Did you see either one of them at the scene of the murder with a knife in their hand?”
“No.”
“You never saw the defendant at all that day did you?”
“No.”
“Because the defendant stared at Miss Fairchild it meant he wanted to rape and then kill her?”
A moment passed until Lewey answered, “He scared her.”
Brandt turned to the jury, but spoke to Lewey. “Have you ever been scared, sir?”
“Yes.”
Brandt turned. “But you’re alive.” He lifted his hands. “No more questions.”
Gerhard banged his gavel. “The court will now dismiss until tomorrow morning at nine o’clock.”
CHAPTER 24
The next morning at nine o’clock, the bailiff summoned the court to order and the judge, with a glance at the impaneled jury, turned his attention to the prosecutor. “Mr. Hoffman, let’s get started. Please begin.”
Hoffman rose to his feet, glanced at the crowded gallery and solemnly intoned, “I call Lieutenant Phillip Matter to the stand.”
A ripple of anticipation caused the judge to bang his gavel. He glared at the crowd but said nothing when the murmuring died abruptly.
Hoffman approached the witness stand after Lieutenant Phillip Matter was duly sworn in. “Lieutenant, how long have you been a soldier at the fort?”
“I’m in my third year, sir.”
“In those three years have you ever seen the defendant?”
“Yes.”
“Did you know his name?”
“No.”
“How can you say that you’ve seen this defendant before?”
“His walk is unforgettable.”
“And, when you saw him previously, do you recall if he was alone or with someone?”
David Brandt rose to his feet startling the audience. “Objection, Your honor. Relevance?”
Judge Gerhard didn’t wait for Hoffman to respond. “Overruled, Mr. Brandt. Let the prosecutor ask his questions. I can see no harm in them.”
Brandt frowned and sat down. Members of the audience looked at each other, curious as to why Brandt had objected to the prosecutor’s benign question.
“Please restate your question, sir,” Phillip replied when Hoffman waited for a response.
“Was the defendant a
lone or with someone when you saw him previously?”
“He was usually with someone, sir.”
“Can you describe that individual?”
“Your honor,” Brandt interrupted, clearly annoyed with the line of questioning.
“Overruled.” The judge looked at the lieutenant. “Go on, answer the question.”
“He was tall and rough-looking, with a long deep scar across his left cheek. He had long greasy graying black hair, and his teeth were rotten when he smiled.”
“Were you ever able to determine who this man was?”
“His brother.”
A murmur rippled through the crowd. Judge Gerhard banged his gavel once lightly.
Hoffman smiled and continued. “Lieutenant, had you ever seen his brother before?”
“Yes.”
Clearly annoyed, Brandt rose to his feet. “Objection, Your Honor. Irrelevant. His brother is not on trial.”
This time the judge looked at Hoffman for a rebuttal.
“Your Honor, I’m just trying to connect the defendant to an accomplice. It’s pretty clear he couldn’t have done all of this alone.”
The audience laughed.
Judge Gerhard thought for a second. “Overruled.”
Brandt sat, and Hoffman turned to the Lieutenant. “Where did you see these two men together?”
“In the Market House during a Saturday night dance.”
“Did anyone else see them together?”
“Yes. My girlfriend, Ann Fairchild and Rachel Miller, the victim.”
“Did Ann and Rachel comment about them?”
“Yes.”
“What did they say?”
“Rachel told Ann she saw the defendant and his brother, and the defendant was staring at Ann.”
The defense quickly objected. “Your Honor. This is hearsay.”
“Overruled. Continue.”
“Ann said she saw him too. I saw them but never gave it much thought until Rachel mentioned it, and then when I looked for them they were gone.”
“Lieutenant, did you see them after that?”
“Not together. I saw the defendant’s brother the next evening, the night before the murder.”
“Where did you see him?”
“At Mr. Parson’s inn in Herndon.”
“Why were you at Mr. Parson’s inn?”
“We stayed there overnight; I was escorting the party back to Mr. Fairchild’s lodge. He confronted Rachel. Then we saw him in the saloon staring at the girls; he frightened them.”
“Did you approach him?”
“I was going to, but they asked me not to.”
“Lieutenant, was Mr. Hess with you?”
“Yes.”
“So he could verify all this?”
“Yes.”
“Did you see either of these two men the next day?”
“Yes. I saw the defendant’s accomplice.”
“Objection!” Brandt said wearily. “The fact that this person was with his brother may be in evidence but that he was an accomplice is not.”
“Sustained. The jury will disregard that comment.”
Hoffman frowned at his witness. “The defendant’s brother; where did you see him?”
“I saw him standing on the porch as we passed his house.”
“What else did you see?”
Phillip’s brows pinched together in thought. “I recall his horse standing there with the saddle on it as if he meant to leave after the coach passed through.”
“Could Mr. Hess verify this as well?”
“I don’t know since I rode behind the coach.”
“Were you concerned at this point?”
“No.”
“As you headed up the Cogan road, did Mr. Hess quicken the horses?”
“Yes.”
“Why did he do that?”
“Objection! Calls for speculation,” Brandt said quickly.
Hoffman paused. “Did Mr. Hess tell you why he quickened his pace?”
“I expected him to do so because he said he hates that part of the Cogan and because the girls had been frightened by the defendant and his brother on previous trips.”
Hoffman shifted his gaze toward the defendant’s bench. “Did you see the defendant as you passed his house?”
“No.”
“Lieutenant, can you describe for the jury what you remember after passing the defendant’s house?”
“We passed the house and I felt relieved. I thought there would be no problems after that. I heard a shot, and that’s all I remember until I regained consciousness. Then I staggered to the coach and grabbed at the man inside. We struggled, and he kicked me, and I flew against a tree. I was knocked out again until Mr. Hess brought me around. I saw Ann holding Rachel in her arms crying and sobbing. I tried talking to her but she was in shock. I started feeling better by this time, so I asked Mr. Hess which way they had gone. He just pointed to a blood trail which I followed.”
“Whose blood did you think it was?”
“I didn’t know.”
“So you followed the trail and where did it lead?”
“To the defendant’s house and stable.”
“Did you see the defendant?”
“No.”
“What else did you see at that time?”
“The entire place was engulfed in flames.”
“And you still didn’t see anyone?”
“No.”
“Lieutenant, would you conclude that the defendant and his brother were responsible for everything that happened?”
“Yes.”
Brandt lifted a hand. “Objection, Your Honor, this is his opinion.”
Hoffman responded. “Your Honor, Lieutenant Matter captured the defendant. I’m trying to establish the defendant’s involvement including the defendant’s capture. It is relevant for the jurors to hear the events leading up to his capture.”
“I’ll allow it.”
“Thank you, Your Honor.” Hoffman turned toward his witness. “Earlier, when all of you passed the defendant’s house with the coach was it on fire?”
“No.”
“After all the events that transpired, after you passed the defendant’s house, after you were shot and Mr. Hess was assaulted…after those events including Rachel Miller’s murder and Ann Fairchild’s assault, you found a blood trail that led directly to the defendant’s house?”
“Yes, sir.”
The crowd murmured.
Judge Gerhard banged his gavel. “Quiet!”
After the uproar died down, Hoffman asked, “Even though you didn’t see anyone, would you or any other man with an ounce of common sense say that a blood trail leading to the defendant’s house, and the house ablaze would be a pretty good indication of guilt?”
“Objection, Your Honor!”
Judge Gerhard sighed. “Sustained. Try not to lead the witness or the jury, Mr. Hoffman.”
“Sorry,” Hoffman smiled. “When did you return to the Cogan?”
“On the way back to Sunbury, after Rachel Miller’s funeral.”
“What did you find?”
“I stopped at the sight of the stable. I wanted to get a drink, and then when I walked to the well I was shocked, actually scared; I jumped back.”
“Why?”
“In the well floating face up with his head split open was the defendant’s brother.”
The crowd got loud; Judge Gerhard slammed his gavel on the desk.
“Lieutenant, do you have any idea how he got there?”
“No.”
“You testified that you didn’t know whose blood trail you were following then. Do you know now?
“Yes, the defendant’s brother.”
“Why?”
“I think he was also murdered at the coach, dragged down the road and thrown into the well.”
“Objection, Your Honor. There are no eyewitnesses; this is his opinion.”
“Sustained.”
Hoffman nodded. “When you brought y
our troops on a search party did you find anything significant connecting the site of the murder to these two men?”
“Yes, I was curious to see if there was a trail or path leading to that particular spot.”
“Did you find a trail?”
“Yes, Tom Straub and I followed a trail wide enough for a horse; it led directly over the mountain to the defendant’s brother’s house.”
“In other words it was a shortcut to that particular location?”
“Yes.”
“The location you refer to, is there any significance to it, or is it just like any place along the road?”
“It does have significance; at this particular location a man can jump directly onto a wagon or coach and knock out the driver; it’s that close to the bank.”
“Lieutenant, when you captured the defendant, Poll Soll, where did you find him?”
“In a cave; I think it’s a burial cave.”
“Was this cave far from the Cogan road?”
“No.”
“Would you say two miles, one mile?”
“Oh no, when we captured him, the cave could be seen from our campsite. He had it hidden and disguised so well we almost didn’t find it.”
“When you captured him did he say anything?”
“Yes, he said, ‘bury me here’; those are the only words I heard him speak.” Phillip paused and then said, “That sounds like guilt to me.”
The crowd murmured its agreement and twelve jurors, as one person, nodded as well.
Brandt stood. “Objection! Do you think the defendant could drag a body down the road, and throw it into the well, light the buildings on fire and escape to this cave undetected? Guilt has not been established.”
Judge Gerhard lifted a hand. “You can ask your questions later, Mr. Brandt. Your objection is noted. He turned to the witness. “Lieutenant, confine your answers to the prosecutor’s questions.”
“Yes, sir.” Phillip paused and then addressed the judge. “Sir, the defense attorney did ask a question. May I answer it?”
Brandt paled.
The judge couldn’t stop the quick smile that crossed his face. Then he sobered. “You did ask a question, Mr. Brandt. I’ll allow the answer.”
Phillip turned toward the jury. “Yes, he is very strong, even with the bad leg.”
Judge Gerhard waggled a finger. “Speak to the attorneys, Lieutenant.”
Hoffman looked at the judge. “No more questions, Your Honor.”