by Bobbi Smith
"Your witness," Boyd Williams, the prosecutor, was saying to Ben as he returned to his own seat. Williams had to push his chair back from the table to make room for his considerable girth as he sat back down to listen to Ben's cross-examination.
Ben gave Daniel a reassuring look as he stood up to question Hank, the ranch hand from the Circle M. Ben methodically reviewed with Hank how he'd found the body, how the prize bull had been stolen, and how the medicine bag had been found, held tightly in James's hand.
"And so, other than this one piece of evidence, this medicine bag, you have no real proof that Daniel Marshall was ever actually at the scene of the crime. Is that correct?" Ben challenged.
"We found his medicine bag in James's hand!" Hank declared, pointing at Daniel.
"Did you see Daniel Marshall at the scene of the crime?" Ben repeated, insisting on a reply.
"He did it. He must have!"
"Answer the question, please," Judge Englich instructed.
"Did you see Daniel Marshall at the scene of the crime?" Ben repeated.
"No, but . . ."
"Did you see Daniel Marshall shoot James McCord?"
"No," he answered sullenly.
"Thank you," Ben said quickly. "That is all for this witness."
Turning his back on him, Ben walked back to the table where Daniel sat stoically, his features schooled into an emotionless mask.
"For our next witness we call Nettie Jones," Williams announced.
Ben and Daniel sat side-by-side, listening to Williams question Nettie about the happenings at the dance.
"And you say there was a big fight?" Williams pressed her for more details.
"Oh, yes, Mr. Williams," the gossipy old woman told him with obvious delight. "Like I told you before when we talked, Elizabeth McCord was furious with Mr. Marshall. She slapped him right there in front of everybody at the dance. Many of us saw her do it. It was quite the talk the rest of the night."
"And why do you suppose she hit him?"
"Objection!" Ben came to his feet.
"Sustained," the judge ruled. "Go on with your questioning."
"Mrs. Jones, did you see James McCord talking to his wife a short time after the incident with Mr. Marshall?"
"Yes, I did, and he looked fit to be tied, I'll tell you!" she confided. "I'm sure he was upset with the half-breed taking such liberties with his daughter and . . ."
"Objection!" Ben rose again. "There is no way Mrs. Jones could know what James McCord's thoughts were."
"Sustained."
"Mrs. Jones, in your opinion, was James McCord angry when he left the dance that night?" Williams rephrased his question.
"Yes. He stormed out of there with fire in his eyes."
"Thank you." Williams looked to Ben. "Your witness."
"Mrs. Jones, did James McCord speak to you about the reason for his anger that night?"
"Well," she hedged nervously. "No, actually, we didn't speak."
"Then James McCord could have been angry about any number of things besides the one that you suggested, is that true?"
"Like what?" she returned.
"Like his wife insulting his good friend, the man who'd saved his daughter's life."
"Well, I . . ."
"Is that a possibility, Mrs. Jones?"
She glared at him. "I doubt it! Everybody knew Elizabeth was furious because Marshall had taken the girl outside unchaperoned. I'm sure James felt the same way."
"You're sure, Mrs. Jones?" he mocked, returning her glare before he stalked away. "No further questions."
Williams called the other ranch hand to the stand, and then several more witnesses from the dance, along with Sheriff Dixon, who testified about Daniel's escape from jail. Silver Wolf betrayed no emotion as he listened to the witnesses tell their stories to a jury that looked eager to convict him.
Ben was nervous. It was almost time for him to call his witnesses. He'd tried many important cases in Washington before he'd come to Cheyenne, but no case had been more important to him than this one, and no case had been worse to defend. Desperation alternated with despair within him.
"You may call your first witness, Mr. Douglas."
"I call Miss Carinne McCord to the stand," Ben announced.
Cari had never been so nervous in her whole life, and she spoke very quietly as she was sworn in.
"Miss McCord, did you love your father?" he asked.
"Oh, yes. I loved him very much," she answered quickly and surely.
"Did your father know about your relationship with my client?"
"Yes, he did."
"And did he offer you any resistance to it? Did he disapprove of your seeing Mr. Marshall?"
"No. My father loved me, and I know he cared deeply for Daniel." Cari looked over at Silver Wolf as she spoke, and he met her gaze. "They'd been close friends ever since Daniel rescued me from a snowstorm years ago, when I was eight."
Ben nodded, then turned to Williams. "Your witness."
The prosecutor stood, and after Ben had returned to his seat, he walked slowly, calculatingly, toward the witness stand. "Miss McCord, is it true that your mother slapped the defendant at the dance that Saturday night?"
"Yes, she did."
"Is it fair to say that she was very angry that evening?"
"Yes."
"And is it true that she was upset because she believed Mr. Marshall had ruined your reputation?"
"Yes, but she was angry only because she didn't understand how deeply in love Daniel and I were. If she'd listened . . ."
"That'll be all, Miss McCord."
Cari was frustrated by Williams's tactic, but Ben quickly picked up the thread. "You were telling Mr. Williams that your mother might not have been so upset if she'd done something. What was that, Miss McCord?"
"If my mother had listened to us, she would have known from the very beginning that our love was too strong to be denied." Cari looked at her mother where she sat near the back of the courtroom with Elliot and his father. George had come to town to be with her as soon as he'd learned of James's death.
Elizabeth was listening this time, and her eyes were burning with unshed tears as she came to understand how much Cari loved Silver Wolf. She gave her daughter a tremulous smile across the width of the courtroom.
"Thank you, Miss McCord." Ben waited until she'd returned to her seat, then announced, "I now call Daniel Marshall to the stand."
Silver Wolf approached the bench and was sworn in. Ben began to question him as soon as he'd taken his seat.
"Mr. Marshall, how long have you known the McCord family?"
"I've known Cari for more than ten years, and her father longer than that."
"How would you describe your relationship with James McCord?"
"He was my friend."
"Did James McCord know about your relationship with his daughter?"
"Yes, he did."
"Did he object to it?"
"No."
"On the night of the dance, did you and Mrs. McCord have a fight?"
"Mrs. McCord disapproved of my escorting Cari outside unchaperoned. She slapped me, and I left the dance."
'"What happened after that? Did you speak to James McCord later that evening?"
"Yes, I did. I was at the Sundown Saloon, and he came to see me there."
"What did James McCord want?"
"He came to apologize for what his wife had done at the dance."
"Is this your medicine bag?" Ben held up the evidence, then emptied the contents before Daniel.
"Yes, it is mine . . ." Daniel frowned as he looked up at his friend. "But there's something missing from it."
"There is? What?"
"I carried a small stone heart in it, too. The stone is gone."
The discovery puzzled both men, but Ben couldn't let it distract him. He had a point to make in his questioning.
"Did you have this medicine bag in your possession the night of the dance?"
"Yes. I was wearing it wh
en I went to the dance."
"What about later that night? Did you still have the medicine bag in your possession?"
"I don't know. I went to the saloon and began drinking heavily. The next morning, I found it was missing, but I had no idea where I'd lost it. It might have been at the saloon or somewhere in town. I don't know."
"All right." He paused, changing to another subject. "Mr. Marshall, where were you on the day James McCord was shot?"
"I was alone, camped out."
"Did you see anyone during that time?"
"No. I didn't."
"Mr. Marshall . . ." Ben paused again for effect. "Did you kill James McCord?"
"No, I did not."
"Thank you."
It was Williams's turn now, and he approached Daniel, eyeing him warily. "Mr. Marshall, how close would you describe your relationship with James McCord?"
"I don't understand. I've already said that we were friends."
"What I mean is, what kind of friends? Were you close? Like father and son? Or more distant, like acquaintances?"
"We were close."
"That would explain then why James left half the ranch to you in his will, wouldn't it, Mr. Marshall?" Williams's smile was a sneer as a collective gasp erupted from the spectators. "No further questions."
Again noise tore through the courtroom, but it quickly settled down as the onlookers feared being ejected by the judge.
Ben had suspected that the subject of the will might come up, and he rose to question Daniel again. "Mr. Marshall, is it true that you were left half of the Circle M Ranch in James McCord's will?"
"Yes."
"And when did you learn about it for the first time? Remember, Mr. Marshall, you are under oath today."
"I didn't learn about the contents of the will until after James had been killed."
"Thank you."
"You may step down," the judge directed. "Call your next witness, Mr. Douglas."
"I call Elizabeth McCord to the stand."
Elizabeth made her way to the front of the court and was sworn in.
"Mrs. McCord, we've heard testimony here today that you had a fight with Daniel Marshall on the night of the dance. Is that true?"
"I'm afraid it is. You see, Daniel and my daughter had left the dance unchaperoned, and they were gone for some time. I was worried about her reputation."
"Did you confront him and slap him as we've heard others say?"
"Yes, I did, but I admit now that I made a terrible mistake."
"What mistake was that?"
"I judged Daniel Marshall by his Cheyenne blood and not by the man he was. I was prejudiced, very prejudiced. Though my husband had been friends with the Cheyenne for years, I refused to believe that they were good people. I know now I was wrong. I understand why my daughter loves Daniel Marshall. He is a good and honorable man, and I'm convinced that he is innocent of the charges against him. Daniel did not murder my husband. He couldn't have. They cared too much for each other."
"Thank you, Mrs. McCord. Your witness."
Williams approached Elizabeth slowly. "Mrs. McCord, will you please tell the court why you've had this sudden change of heart about Daniel Marshall. Isn't this the man who took your daughter hostage when he broke out of jail? Doesn't the physical proof indicate that he's the man who shot and killed your husband? How can you sit there and tell the jury that you believe in his innocence, when his every action indicates his guilt?"
"All these years James told me how good a man Daniel was, but I refused to believe him. I've come to see how wrong I've been. Cari knew before I did. I changed my mind, because I finally understood what my husband stood for and what he wanted for the territory."
Williams stood before her, his expression smug. "You honestly believe this man is innocent?"
"Yes, Mr. Williams, I believe in Daniel's innocence."
Williams turned away abruptly. "No further questions."
The judge presided over the courtroom, looking at the crowd of people who had turned out for the trial. "We'll have the closing arguments now. Mr. Williams."
The prosecutor rose and approached the jury. He was sure and confident as he began to talk. "We have here before us a man guilty of coldblooded murder. We have witnesses who've testified that they saw the hostility and anger between him and Mrs. McCord. They have also testified that McCord was seen leaving the dance that night in a rage. I say James McCord saw what was happening between his daughter and Daniel Marshall and wanted to put a stop to it. I say they met out on the range and fought about it. I say Daniel Marshall won that fight by murdering James McCord! After all, with McCord dead, he could have his daughter and his ranch!" His voice was booming.
Williams fell suddenly silent as he walked up and down before the jury, looking them each in the eye. They watched him like a cobra watching its charmer.
As Cari watched the prosecutor, though, she thought he looked more like a snake than a charmer. High color stained her cheeks as she listened to his insinuations, and she had to clinch her fists in her lap to help control her temper. This was not the time to give in to her anger.
"I also say," Williams continued smoothly, "that the most damning thing of all, the one thing that cannot be denied, is the fact that Daniel Marshall's medicine bag was found in James McCord's hand. There must have been a struggle. They fought, and James must have grabbed the bag from Marshall's belt just as he was shot down." Williams paced more quickly before the jurors, dramatically using his voice to sway them. "There can be no verdict but guilty in this case! In no other way will justice be served and James McCord's death avenged! Thank you."
"Mr. Douglas." The judge nodded Ben's way.
Ben rose and walked slowly to confront the twelve men who would decide the fate of his best friend. Though he appeared calm and in control, in truth, his hands were shaking and his nerves were stretched taut. He was about to give the most important closing statement he'd ever made, and he prayed he was up to the task.
"Gentlemen of the jury . . ." he began, standing before them to look them straight in the eyes. "For just one moment, I want you to put aside all your prejudice. For just one moment, I want you to stop looking at my client as an Indian and see him simply as a man . . . a man who's been accused of a terrible crime he did not commit. Daniel Marshall and James McCord were friends. With the help of men like James, Daniel was able to leave the reservation and go East to school so that he could get an education and better himself and his people. He did that. Against terrible prejudice and hatred, my client graduated from the university, and, after working in Washington, he came home to serve his people and his government."
Ben strode to the other end of the jury box. As he walked, his eyes never left those of the jurors. He knew it was important that they believe what he was saying, and he knew he couldn't do anything that might cause them to doubt his word.
"When he returned, he worked to make things better. He is a man dedicated to keeping the peace between the whites and the Indians."
Ben paused again for effect, giving them time to think about his words.
"Gentlemen, we have heard my client's testimony under oath that he did not have the medicine bag in his possession after the night of the dance. That it was lost some time that night. He did not know where it was until he was arrested for the murder of James McCord. As damning as it is, the evidence the prosecution has set before you is circumstantial. No witness has come forward to say that they saw Daniel at the scene of the crime. No witness has testified to seeing Daniel pull the trigger and kill James McCord. Mr. Williams would have you believe that this one piece of evidence proves my client's guilt."
Ben stopped and faced the jury. His emerald eyes were bright with the fervor he was feeling. "I say to you that someone either took the medicine bag or found it, and, realizing what it was, decided to use it to frame Daniel for murder."
He lowered his voice. "Daniel Marshall did not murder James McCord. Elizabeth McCord has testified that she be
lieves in Daniel's innocence. It was her husband who was murdered, her husband whose life was ended in violence that fateful night. Yet, she is convinced that Daniel Marshall had no part in the murder. I say to you, gentlemen of the jury, if Elizabeth McCord can believe in Mr. Marshall's innocence, then you can do no less. Justice will be served only if you return a verdict of not guilty for my client. Thank you."
The courtroom was hushed as Ben returned to Daniel's side. Ben felt drained of all emotion. His plea had been given, but he'd had no hard evidence to present in Daniel's defense. He'd only had words. The bull was still missing, and he'd never been able to locate Jenny or find out what had happened to the medicine bag that night. It was going to seem like eternity waiting for the jury's verdict.
The judge gave the jury their instructions, then sent them out to deliberate. In the back of the courtroom, Lillian Perkins got up and rushed out of the building.
Cari had only a second to speak to Silver Wolf before he was taken away to be held under guard in a locked chamber.
"Silver Wolf . . ." She reached out to him as the guard led him away.
He had only enough time to touch her hand once before he was forced to go.
"What do you think our chances are?" Cari asked Ben as they stood together watching Daniel leave.
"I don't like it, Cari. I don't like it at all. But all we can do now is wait," Ben said, turning bleak eyes to her. "The longer the jury's out, the better it'll be for Daniel."
"Cari?"
She turned to find her mother there with George and Elliot by her side.
She was nearly distraught, but knew she could not break down now. She had to be strong.
"We're going over to the hotel dining room to get something to eat. Will you come with us?"
"I can't . . . I have to stay here, just in case the jury comes back."
Elizabeth didn't argue. She understood, and she gave her a warm hug. "We'll be back soon. If anything happens, please send someone to let us know."
Cari and Ben settled in on the hard courtroom seats to await the jury's return. The minutes passed slowly. They made feeble attempts at conversation, but couldn't concentrate enough to keep it up and finally just let the idea of talking die.