“You broke his heart. He was madly in love with you, and you brushed him off like a horse fly. Like a horse fly, Shenandoah.”
Shenandoah sat down on the bare earth next to Lisbeth. The woman flinched, but seemed too bruised from the accident to move away. “Honey, Ashley mooned over me all through my senior year. He’d drive over from Celina almost every day—come right to Beulah Land looking for me. I finally had to tell him it was hopeless. I told him he was a nice guy, but I had other plans for my life. I had no intention of marrying a dirt farmer.”
Lisbeth was sobbing. “And then you left. Went to Nashville. Broke the boy’s heart. Then he did it.”
“Did what?”
“Killed hisself, bitch. Killed hisself.”
Shenandoah felt her heart sink in her chest. Suddenly she was so weary that she could barely keep from falling over in a dead faint. Finally, she said, “Lisbeth, until a few days ago, I had no idea that Ashley had killed himself. I didn’t keep up with things back here once I left. I’m so sorry.”
Lisbeth shook her head and tears rolled down her cheeks, falling to the bare ground where they soon made small puddles in the dry earth. “I’ve hated you all these years, Shenandoah. When I saw you drive into the square a few days ago, I went crazy. I’m still crazy with hate. I guess the Lord will punish me for it. He don’t let people off too easy.”
“Lisbeth, hating me doesn’t do anything but hurt you. You need to get over this. for your own sake.”
Lisbeth sobbed, and then she wiped her face. “I guess you’ll have me arrested for trying to kill you.”
Shenandoah shook her head. “I think you’ve been hurt enough. You need to go on with your life. Get over this. I won’t press charges.”
The two women sat silently for a few minutes, staring off into space. Lisbeth broke the silence. “I reckon I’ve ruined my new truck. What about your car?”
“My car will be okay. Don’t worry about that. Will you answer a question for me?”
“I reckon.”
“Where did you learn to drive like that?”
“Poppa and me are ridge-runners. We’re aiming to muscle in on Army Johnson and Bobby.”
“So you’re the ones Army is so upset about. I’d be careful about pissing Army Johnson off if I were you. He’s got a mean temper.”
“That’s what I told Poppa, but he’s got a right hard head.”
Shenandoah glanced at the highway and saw that several people had stopped on the shoulder of the road and were staring at them. She stood, extended her hand to Lisbeth, and pulled her up. Then she cradled her in a bear hug. “Let it rest, honey, and I’ll do the same.”
Chapter 15
When she got back to her car, Shenandoah was surprised to see that except for the popped hood, everything looked okay. She slammed it shut and got behind the wheel.
Still in an adrenalin high, she drove fast enough that even with everything that had happened, she managed to get to her seat a few seconds before Judge Grant opened court. Looking at the jury box and counting heads, she came up with only twelve. The two alternates were no longer in their seats.
The judge looked toward the defense table and asked, “Is the defense prepared to present its case?”
Jake said, “Yes, Your Honor. The defense calls Martha Little.”
Shenandoah had never seen the nurse without her starched uniform and nurse’s cap. She wore a black linen dress, tasteful makeup, and low-heeled pumps.
After the swearing in, Jake Watson approached the witness. “Good afternoon, Nurse Little. I have a few questions to ask you. You work as a nurse in the clinic Dr. Kate owns. And you worked for her father before he died.”
“That’s correct.”
“Nurse Little, could you tell the jury the circumstances surrounding the death of Dr. Walter Marlow and the subsequent shift of ownership of the clinic to his daughter?”
“In December of 1943, we were having a terrible flu epidemic. Several older people in the county developed pneumonia and died. Dr. Walt was working eighteen-hour days, not sleeping but two, maybe three hours a night.”
The nurse turned to face the jurors. “Dr. Kate came up from Memphis on the Trailways bus about ten days before Christmas. She was shocked to see how exhausted and physically run-down her father was. Kate went directly to work seeing patients.
“We were averaging a hundred to a hundred fifty patients a day. Then Dr. Walt drove all over the county at night making house calls. When Dr. Kate arrived, she took over that chore.”
Nurse Little’s voice remained calm. She sat in the witness chair with her shoulders back and her hands folded in her lap. Jake stood next to her with his arms crossed over his chest.
“The day before Christmas was particularly busy. I was concerned about Dr. Walt because he was so exhausted. I walked into his office on more than one occasion to find him asleep in his chair.
“About three o’clock that afternoon I was at the nurse’s station and looked up to see Dr. Walt come out of a patient’s exam room. Suddenly, he grabbed his chest and slumped to the floor. I screamed, and Dr. Kate ran to her father. She rolled him onto his back and placed her stethoscope on his chest. Tears rolled down her cheeks, and I knew Dr. Walt was dead. He’d worked himself to death for his patients.
“I’ll never forget how Dr. Kate handled her father’s death. She kissed his forehead, and then she and Hank Boldt placed him on a stretcher and took him to one of the overnight rooms. After calling the funeral home, she went back to work and never stopped.”
“Were there any other doctors in Round Rock at the time?”
“No.”
“Livingston? Celina?”
“One older doctor in Livingston, two in Celina. They were killing themselves too. The war had all the young ones.”
“So, Dr. Kate went back to Memphis and graduated in March. Is that correct?”
“Yes. The fact that we didn’t have a doctor for three months created a real hardship on everyone. It’d be a disaster if we didn’t have one now.”
Jake smiled. “Thank you, Nurse Little. That’ll be all.”
Thelonious never bothered to stand. “No questions, Your Honor.”
“The defense calls Fred Compton,” Jake said.
Dr. Compton ambled down the center aisle. The lines in his face seemed deeper than before, and he had dark circles under bloodshot eyes.
The doctor took the oath. Jake walked to the witness chair and smiled. “Could you state your name and occupation for the court reporter, please?”
“Fred Compton. I practice family medicine in Livingston, Tennessee.”
“Dr. Compton, are you acquainted with the defendant, Dr. Kate Marlow?”
“Yes.”
“How do you happen to know her?”
“I spent three months with her before starting my internship, and I cover her practice, see her patients, if she leaves town.”
“Does she leave often?”
The doctor laughed. “No. I try to get her to take short vacations, but she works all the time.”
“Doctor, are you aware of the charge against Dr. Kate?”
“Yes.”
“Since Dr. Kate isn’t taking care of her practice, you’re covering for her, seeing her patients?”
“I come up here two days a week, and I see the overflow in my Livingston office.”
“In your opinion, Doctor, have the Round Rock patients received good medical care from Dr. Kate?”
“Absolutely. Dr. Kate is an excellent physician. Her patients enjoy superb care.”
“You say this without reservation?”
“Yes.”
“If you or a member of your family was ill, would you allow Dr. Kate to be your physician? Would you feel safe in her hands?”
“Absolutely.”
“One more question, Doctor. Do you think Dr. Kate is capable of murder?”
Thelonious stood and shouted, “Objection! The defense is leading the witness.”
; “Overruled. Answer the question, Doctor.”
“No way. Her moral character is too strong.”
“Thank you, Doctor.”
Thelonious removed his pince-nez and slipped them into his breast pocket. He walked deliberately to the witness box and looked at Fred Compton with a scowl on his face.
“Dr. Compton, just because Dr. Marlow is a good physician doesn’t mean she’s not capable of murder. You don’t know the inner workings of her mind. You weren’t privy to her thinking on March 23 of this year. It would be impossible for you to know one way or the other whether Dr. Marlow did or did not murder her patient, Lillian Johnson. Am I correct in my assumption?”
The doctor stared at Mr. Flatt for a few seconds before answering. “Two of the many subjects I studied in medical school were psychology and psychiatry. While I don’t pretend to be a practicing psychiatrist, I do have a working knowledge of the subject. It is my opinion that Dr. Kate is of such high moral character that it would be impossible for her to commit such an act.”
“Even if she was impaired?”
“I beg your pardon?”
“Are you aware that Dr. Marlow is an alcoholic? Did you know, for instance, that she often passes out in her car? That she sometimes awakens on the side of the road and has no idea where she is?”
At first, the courtroom was silent, then loud whispering erupted. Judge Grant clenched his teeth and brought his gavel down so hard that the handle broke and bounced off his bench and onto the hard-wood floor. The bailiff quickly retrieved the gavel and placed it in front of the judge.
“Quiet! Order in the court!” Judge Grant shouted. “I’ll clear this courtroom if there’s one more outbreak.”
Dr. Compton stared at the prosecutor and nodded. “Yes, I’m fully aware of Dr. Kate’s drinking. She’s what I call a functioning alcoholic. It’s my opinion that it does not—has not interfered with her medical judgment.”
Thelonious shook his head and smiled. “No further questions of this witness, Your Honor.”
Jake Watson had a troubled expression on his face as the doctor walked past the defense table. Dr. Kate dropped her gaze to the floor as her friend gave her a big smile.
“The defense calls Elizabeth Riley.”
After the oath, Jake walked to the witness chair and said, “State your name, please.”
“Elizabeth Riley.”
“You’re a close, personal friend of Trudy Underwood. Correct?”
“Yes.”
“You know how she feels about most things.”
“Yes.”
“How would you describe her feelings about Dr. Kate?”
“She hates her.”
“And why is that?”
“She thinks that Dr. Kate let her father die.”
“Anything else?”
“She thinks that Army Johnson is in love with Dr. Kate.”
“And why does that bother her?”
“Trudy is obsessed with Army.”
“She’s talked to you about this?”
“All the time.”
Jake looked at Judge Grant. “No further questions, Your Honor.”
Judge Grant turned to the prosecution table. “Mr. Flatt?”
Thelonious stood and walked to the witness chair. “You stated that you are a close, personal friend of Trudy Underwood. Is that correct?”
“Yes.”
“When did you last speak with Miss Underwood?”
“I don’t know.”
“Come, Miss Riley, surely you know when you last saw your close, personal friend.”
“I guess it’s been a while.”
“Actually, it’s been several months. Correct?”
“I guess.”
“In fact, you and Trudy Underwood haven’t been close, personal friends for quite some time. So, in reality, you don’t know how she feels about most things.”
Thelonious turned his back to Miss Riley and, glancing at the judge, said, “I have no further questions.”
Jake stood and said, “The defense calls Margaret Smith.”
An elderly woman came down the aisle with the aid of an aluminum walker that hit the hardwood floor with a clicking cadence. When she got to the witness box, Jake took the walker from her and helped her into the chair. After the bailiff administered the oath, Jake said, “State your name, please.”
“Margaret Smith.”
“Thank you for coming, Mrs. Smith. I know it’s difficult for you to get around. I have only a couple of questions for you.”
“That’s fine.”
“Do you know Dr. Kate Marlow?”
“Yes, very well.”
“How long have you known her?”
“I remember when she was born, and I taught her in the third grade.”
“In the years that you’ve known Dr. Kate, how would you describe her moral character?”
“She was an exceptional child. She was bright, she did her homework promptly, and she always volunteered for classroom jobs like dusting the chalk erasers and carrying out the trash. She was very dependable.”
“And as an adult?”
“She saved my life.”
“How?”
“The year I retired we had a bad ice storm, and my car slid off the road on my way to the grocery store. I broke my right hip and my jaw. Dr. Kate came immediately and performed an emergency tracheotomy on me so that I could breathe. Then she rode in the ambulance with me all the way to Nashville.”
“A tracheotomy is a hole in the windpipe?”
“Yes.”
“So, in your opinion, Dr. Kate is a woman of high moral character.”
“Absolutely.”
“And you feel you received good medical care following your accident?”
“Yes.”
“Thank you, Mrs. Smith. No further questions, Your Honor.”
Thelonious simply shook his head.
For the next hour, Jake paraded a series of character witnesses before the jury, including Randall Moody, Frances Washington, and Abel Sloan. Three of the people Shenandoah had talked to before the trial, each of whom had had some experience as a patient of Dr. Kate. Each time, the last question Jake asked was whether the witness felt that she had given them good medical care. All of them said yes.
During the testimony of these character witnesses, Thelonious simply sat and stared at them, but he didn’t bother to cross-examine.
After the last character witness stepped down, a quick conference took place at the defense table. Judge Grant asked, “Mr. Watson, are you prepared to continue?”
Rising, Jake said, “Yes, Your Honor. The defense calls Dr. Katherine Marlow to the stand.”
A loud murmur arose from the spectators, and Judge Grant brought his gavel down hard. Shenandoah was awestruck. She couldn’t believe that Jake was going to put Kate on the stand. It was just too risky. What was the man thinking?
Kate moved gracefully to the witness stand. Settling into the chair, she smiled at the jury and nodded subtly to the ones she knew.
Once she had taken her oath, Jake said, “We all know who you are, but for the benefit of the court reporter, please state your name.”
“Katherine Marlow.”
“With your permission, I would prefer to call you Dr. Kate. Is that okay?”
“Certainly.”
“You’ve heard Mr. Flatt’s circumstantial evidence against you and the accusations made by Trudy Underwood.”
“Yes.”
“Are they true?”
Kate’s voice was loud and clear. “I did not murder my dear friend, Lillie Johnson, and I have never had an affair with her husband.”
“Let’s take one thing at a time. Have you any ideas about Lillie’s death you could share with the jury?”
“Yes, I do.”
Jake waved his hand in front of Dr. Kate as if he were ushering her through a doorway to the truth.
“I first diagnosed Lillie’s MS about six years ago—”
Jake held u
p his hand. “Please explain to the jury in lay terms the meaning of the initials, MS.”
“They stand for multiple sclerosis, a disease that affects the central nervous system. The cause is unknown. Remissions and exacerbations are characteristic. That means that the symptoms can come and go. Sometimes they go away for years, only to return. The symptoms can be mild at first: dizziness, unsteadiness, tingling in the arms and legs. As the disease progresses, the individual becomes weak, has difficulty walking, and may be confined to a wheelchair.”
“The disease is progressive. Explain that.”
“Some individuals can live with their problem for years; others have a more rapid course.”
“And the end result?”
“The patient dies.”
“Which type of MS did Lillian Johnson have?”
“It’s unusual for the disease to progress rapidly in a young person. Lillie’s did. I didn’t expect her to live more than a year or so.”
“Was she in pain?”
“Pain can occur in the hands or legs, but it’s rare. Lillie did have pain in her legs from time to time.”
“How did she deal with her illness? Was it difficult for her?”
“At first her symptoms were mild: a little dizziness, a feeling of tightness around her chest. When I first thought of MS, I sent her to a neurologist in Nashville, and he confirmed my suspicions. As she became weaker and was eventually confined to a wheelchair, her mood darkened.”
“She became depressed?”
“Yes, and as the disease progressed, so did her depression.”
“Did she ever mention suicide?”
Kate shifted in her chair. “Not at that time. But it was something I was concerned about.”
“Was she on any medication?”
“There’s no real treatment for MS. I tried her on a tranquilizer called Miltown. There’s always a degree of anxiety associated with depression.”
“Are tranquilizers effective?”
“In some people, yes.”
“And in Lillie’s case?”
“They didn’t seem to help.”
“Did you consider referral to a psychiatrist?”
“Yes, but that would have been difficult, because the closest one is in Nashville. It would have required hospitalization, and Lillie wouldn’t hear of it.”
The Trial of Dr. Kate Page 25