by Foy W Minson
Jason diverted to the wall behind the bench with Sherri and Raven. Erin, Dagar, Emmie and Charlie, remained at the side wall.
Addressing no one in particular, The Judge said, “I know you all are eager to know what has happened. Well, so am I. And the best way for that to come about is for everyone to let me get on with it. You will all be made aware of the facts when it is appropriate, but I must insist that it is done in an orderly manner. Thank you.”
Jason and the two with him stepped over to one side of the bench. Olen arose and started forward from the other side but stopped after a couple of steps.
The Judge looked over at him and nodded. “Okay, Mister Johnson, you may come forward, too.”
He motioned to Tina, who had gone back to her seat beside her mother in the front row.
“Tina, would you and your mother come over here, please,” The Judge said, his voice once again the gentle caress everyone recognized. With Tina seated on The Judge’s side of the bench with him and her mother standing behind her with her hand resting on the girl’s shoulders, he continued. “Tina, I can easily understand how everything can seem pretty overwhelming to you. And I’m sure most everyone else here feels the same way. But this is important. You must be very certain, now, when you answer my questions. If you aren’t certain, if you can’t be really sure, tell me so. Just say you can’t be sure. It will be okay. Sometimes we just can’t be certain of things. Okay?”
Tina’s gaze dropped to her lap where her twisting fingers worked like a bowl of snakes. After a few moments, she looked up at The Judge and said, “I lied. It was Jerry and Jackie. And I’m certain about that, absolutely certain. They both…did it to me.”
She reached up to lay her hands on her mother’s that had flinched at her words.
She went on with, “Then, afterwards, they laughed about how I wouldn’t say anything because if I did no one would believe me, anyway. They also said they would…kill me. But first they would kill my momma after they tortured her and…did it to her. I was so scared. When I ran into Uncle Joe I felt safe. But, when I thought about it, I wasn’t sure anyone would believe me, and if they didn’t, then Jerry and Jackie would be free to do what they said they’d do. So, I just decided to say it was strangers that did it. I didn’t think two strangers, one black and one white just like them, would show up that same afternoon. I mean, what were the chances of that happening? I figured it was just something that would eventually be forgotten about when no one could be found. I figured I’d just have to live with what happened. I mean, Lila fixed me…mostly. And I just couldn’t let Uncle Joe think I would make up such a bad lie about his son. I love Uncle Joe like he was my own father. And if he ever hated me —” With tears streaming down her cheeks, her sobs wiped out whatever words came next.
Sherri turned toward Raven when her new friend suddenly echoed Tina’s sobs with one of her own. Raven’s hands were over her ears as though to block out sounds she could no longer tolerate, and tears streamed down her face.
Raven lowered her hands and knelt beside Tina, pulling her into a tender embrace. With a glance to The Judge, she said, “She’s telling the truth. It was Jerry and Jackie, and they each raped her twice on that bed of moss and ferns on the east bank where the afternoon sun hits. At least they took the trouble to find a soft place, so she didn’t lose half the hide on her back on top of the other. Although, I doubt they were considering her comfort.”
Jason turned to face Erin who had just touched his arm to get his attention. She said, “Shouldn’t we admit we have the wrong men on trial and release them with sincere apologies?”
“Oh, God, yes.” Then, turning to the two strangers still seated in the middle of the room, quietly observing the drama play out, Jason said, “Dan…Raymond, please accept our apologies. You are both free to go, although you are welcome to stay. …Oh, sorry, Judge. Is that all right?”
The Judge nodded and stood. He rapped his knuckles once on the table and said, “Certainly — of course. Case dismissed. And, now, Jason, we need to consider a new trial.”
Olen stepped into the inner circle and said, “As counsel for the defense, I am compelled to state to the court that I have serious misgivings about the innocence of my clients. I respectfully request to be relieved of my duty to defend them, and I will agree to fully assist in any further investigation into the potential that they are, indeed, the ones that —”
The Judge slowly shook his head at Olen and said, “Counselor, I have already dismissed the charges, which I deem were clearly unfounded, and they are free to go. There will be no further investigation into their potential guilt. However, I’m sure your son will be happy to retain your services.”
“Well, your honor, even without further consultation with Jackie and Jerry, I must say that the new trial you are contemplating is based on the same bogus evidence as the first. Even more so. Why the credibility of your main witness, the victim, has been so totally destroyed that you can never hope for a conviction. And, if by some chance you did coerce a jury into a conviction, it would never in a million years stand up to appellate review. Tina said, herself, not five minutes ago in the presence and hearing of everyone here that she lied. How can we possibly believe anything she says, now?”
“First off, counselor,” The Judge responded, “as I mentioned to Jason before we even selected a jury, whatever we decide here is final. I would think that would be apparent to one as learned as you. There is no Appellate Court or Supreme Court. We, right here, are as supreme as it’s going to get for quite some time, I’m afraid. Let me also say that, due to these changed circumstances, not only will my authority as the sitting judge have to be somewhat expanded, but our new circumstances, including various talents that were not available to the courts operating in the past, may allow us to arrive at the truth by routes you may find objectionable. However, since the truth is our ultimate goal, the most expeditious route would seem wise, as long it is trustworthy. I believe it is.”
“But, your honor, all we have is the word of an admitted liar and the corroborating word of her friend who claims she can read minds. Jackie and Jerry have been members of this community from the beginning. Never have they given anyone reason to question their value. Their skills in providing meat from their frequent hunts —”
The Judge held up his hand to silence Olen, who had the sense to hold his tongue while The Judge motioned for Sherri to come forward.
“Sherri, are you certain your attackers of a year ago were Jerry and Jackie?”
She looked about the room at the many expectant faces. She knew none of them, but they all knew the two men she had accused. How would they react to a stranger making such accusations about two of their own? Would her words doom her to return to the road with Sarah and Daryl? But if she recanted them, what would that do for the suspicions of Dan and Raymond? Could she relent and take the easy way out by saying she was mistaking, that they were not the ones? Without her tying them to the prior rape, would they still be held accountable for the assault of Tina? Was that even her concern? But, these people seemed to be good, honest folks who appeared to be seriously trying to learn the truth, unlike the members of New Napa under the Prophet. She couldn’t imagine such an occurrence as this gathering taking place there. She looked The Judge in the eye and nodded.
“Yes, sir. I will never forget their faces. They are the ones.”
“Now, really!” Olen mopped at his forehead with a handkerchief and swiveled his head in little jerks as he glanced around the room. “What jury is going to buy that?”
The Judge stood and looked about at the villagers crowded around, taking in every word. “Yes. What jury? We have our jury pool right here. Folks, are there any among you who do not believe what you have just heard here?”
Vonnie stepped forward. Charlie stepped forward with her and placed his arm around his wife in support. She said, “Judge, I don’t know about reading minds, but we all know that Raven has a special talent to tap into the thoughts and feelings of others,
even animals. And it’s not magic, or hoodoo or voodoo or anything but the normal human abilities that have been coming out in these last six years. I have levitation abilities, just like some others here. Was it our imagination that we installed the waterwheel? Is there any doubt that Lila can heal broken and maimed bodies? I was a nurse, and I’ve seen her do more to repair and heal injuries than no emergency room in any state-of-the-art hospital could have done before they were all destroyed. These abilities are real. Yes, I believe what both Tina and Sherri said about Jackie and Jerry.”
Dagar stepped forward. “I don’t know if some of you couldn’t hear it back there by the door, but even before Tina changed her story, Sherri told Jason and a few more of us that she recognized Jackie and Jerry as the two men who raped her a year ago. She doesn’t know them or many of us, and none well.”
Tina looked up and her eyes met those of Uncle Joe who stood at the front of the circle of villagers. Fresh tears sprang from her reddened eyes at the look of betrayal that seemed to have caved in his face. “Oh, Uncle Joe, I’m so sorry. I didn’t want to say it was Jerry, I really didn’t. Please don’t hate me. I’m sorry.”
“Oh, no, Tina, don’t think I hate you. Never think that. Child, I love you like my own daughter. And that’s where the hurt is, that Jerry would do that to you who has been a sister to him. How could he do that to his own sister? I love you, Tina. And I’m so sorry — so ashamed — that my son hurt you so.” Kneeling before her, he laid his head in her lap where she stroked it with soft fingers, then leaned over and kissed it.
The Judge nodded and said, “Well, Mister Johnson, I would say you have just had your trial.”
Olen strode back and forth in the center of the room, turning about to look at the faces of the villagers crowded into the makeshift courtroom. Turning back to face The Judge, he shouted, “And you call yourself a judge? How can you call this kangaroo court legitimate? That was no trial? There was no presumption of innocence to be overcome by the prosecution. There was no cross-examination of witnesses. There was no presentation of forensic evidence. There is no foundation in law for the admission of mind-reading as evidence. It’s not even hearsay. It’s no more than opinion, and not even recognized expert opinion. This trial is nothing but a mockery of —”
“Mister Johnson,” The Judge interrupted Olen’s harangue. “I appreciate many of your points. However, as I tried to explain before, with the change in our circumstances, we are going to have to accept the reality of our present world as it is, not as it may have been viewed through the lens of prejudice and bias of times past. And, as to the function of this or any court, it is no more than a formalized expression of the will of the society it serves, just as legitimate courts have always been. This society, this village, this ad hoc jury, has expressed its decision, its will. Without poling each person, and discounting your own biased opinion, I would say there appears to be very close to unanimous recognition and acknowledgment of the guilt of Jackie Johnson and Jerry McDaniel. And this court accepts that verdict. You may rant and rave about rules and procedures that were not followed, but those were from a time gone to us now. Until various remote gatherings of survivors combine at some time in the future to form a larger society with its attendant government and courts, we, this village, are the only and ultimate authority we dare recognize. We have an obligation to ourselves to survive. And we cannot survive if we allow such actions as Jerry and Jackie committed. As Sherri has revealed, Tina was not the first of their victims, nor is this village the first to suffer their predations. It is not necessary for us to know when or what yet additional crimes they have committed to decide that they cannot be allowed to continue to live freely among us.”
Jason stepped into the opening at the center of the gathering. “And that said, it is time for me and The Judge to come up with a suitable sentence. Billy Ray, put those two into one of the new jail cells, and make sure it’s locked tight. Judge, would you like to come over to my house for a spell? I think we might need more pacing room than we’d have in my office.”
CHAPTER 13
By the time Emmie staggered out to answer the pounding on the front door, Jason and Erin were already there, looking as disturbed at the early arousal as she felt. But any kind of an alarm was so unusual in the community of Wolfehaven that any deviation from the norm was cause for alarm.
“They’ve escaped,” Charlie said without preamble. “And Larry Wilson’s got a pretty good concussion. He was on the three to six shift guarding the jail — well, the storerooms. When I went to relieve him at about quarter to six, I found him crumpled on the ground, unconscious, and with a nasty gash on the back of his head. He’s over at Lila’s now. The doors to both cells were open and everyone was gone.”
“Hughes, too?” Emmie asked.
“Yep. Him, too. And before I came here, just on a hunch I went by Olen’s place, and he’s gone, too. I’d say he was the one who conked Larry.”
Jason asked, “Could Larry say about what time he was jumped?”
“He said he’d only been on for maybe an hour, at most. Looks like they’ve got a good two hours lead on us. But Olen’s not going to be able to hold much speed, so we oughta be able to catch ‘em fairly quick.” Charlie then turned and started back to the door, “I’ll wake up half a dozen good men and be ready to head out in ten or fifteen minutes. Want to join us?”
“Hold on a bit,” Jason said. A crooked pursing of his lips and a raising of his left eyebrow was a familiar sign to Emmie. Her dad was doing some serious but quick thinking. After a moment, he said, “Why don’t we just say good riddance? Last night, The Judge and I concluded that exile was probably the best sentence we could come up with. We don’t really want to begin a prison population here with all that would entail, and I don’t know that we’re ready to take on capital punishment. But it would be hard to go on with them living among us. Make sense to you?”
Charlie cocked his head for a moment…slowly nodded. “Yeah, I guess it does. I just wish I could get my hands on ‘em to pay ‘em back for Larry, not to mention Tina. But, I’d say you and The Judge did come to the right decision. But, then, it’s been my experience that The Judge usually does — oh, and you, too, Jason. And I’d sure be opposed to settin’ up a permanent jail. ‘Course, we’ll probably have to someday. Yeah, good riddance. I’ll tell Larry.”
After Charlie had gone and the three of them agreed on an early breakfast instead of going back to bed, Emmie said, “I guess you and The Judge did make the right decision, but I just hope our generosity and mercy doesn’t come back to bite us. Like you’ve said once or twice, Dad, no good deed goes unpunished.”
Jason laughed and put his arm around her shoulders. “Did I really say that? Of all the wisdom I heaped on you, is that what you remember?”
“Gosh, Pop!” she countered with eyes wide in mock shock. “You mean you told me something I didn’t have to remember?”
Before she could spin out of his reach, Jason swatted her on the behind and said, “Hush your mouth and go fix me some eggs.”
When Emmie strolled down to the riverbank later that morning to look at the waterwheel, she found Charlie sitting in the shade of a tree. As she drew closer, she saw he had a fold of cloth in his lap and appeared to be trying to maneuver a needle and thread.
“Yes,” he said when she stopped a few feet away. “I’m sewing. It occurred to me yesterday in the courtroom that there was no flag. And, you know, The Judge just didn’t look right, sitting there at that makeshift bench with no flag standing proud at his back. A courtroom needs a flag to give it respectability.”
“But, Charlie, dad says there isn’t a United States, anymore.”
“Well, yeah, I’m sorry to say he’s right.” he answered as he held up his handiwork and let it unfurl into his lap. “But this ain’t Old Glory, is it?”
It was a piece of cloth, actually several pieces sewn together to form a two foot by three foot rectangle of different colors. Before she could make se
nse of the pattern, Charlie rotated it, turning it to what she assumed was right-side-up and proceeded to explain.
“You see this here green part with what looks like big saw teeth? Well, that represents our land here with the green, forested mountains — well, hills, I suppose some would call them. And, of course, this blue snake-looking piece going across the green hills represents the river, which is a vital part of our lives. And this other blue above the mountains is the sky, representing the magic that seemed to come to us out of the blue — until we understood it, anyway. Pretty corny, huh? And there right in the middle of it all is Wolfehaven, represented by a white circle. So, our colors are green, white, and blue.”
Emmie looked at it, cocked her head and looked at it some more.
“Pretty dumb, huh?”
“No. No, it isn’t dumb at all. I was just looking at it, trying to pick up the feeling a flag gives you. That’s all.”
“Yeah, I know. And you didn’t get it, did you? The feeling, I mean.”
“Well, yeah, sure…kinda.”
“Naw, that’s all right. I know it doesn’t inspire a pounding heart and tears at the corner of your eyes the way Old Glory used to do. But, maybe someday it will?”
“I’m sure it will. And it’s a very nice job of sewing — I mean putting it together, and all. It does sort of represent what we have here, and if we fly it where we look at it every day, I’m sure it will become important to us.”
“That’s sorta what I had in mind.” He reached behind him and picked up a long pole that appeared to be polished oak about an inch and a half in diameter. Standing up, he held it upright against his feet so that the tip was a good two feet above his head. It was tipped with a brass lance head nearly a foot long. “What d’ya think?”
“Where’d you get that? It looks like a real flagpole!”
“It sure is. If you’ll remember, there was a storeroom in what was probably a one room school when we got here. We decided not to use it for anything because it was half burned. But it had a lot of stuff in it just piled on top of each other. Well I got to thinking maybe there was a flagpole left over from its school days. Took me a while, but if found it. I figure I’d put it in a hole over there in the open and stack some rocks around it.”