“Indeed, Your Honor, there are two victims who wish to be heard on this matter. The first is Sheriff John Frost, who was shot during the escape.”
My eyes found John as he stood and came from across the courtroom. He didn’t look over at me, so I braced myself for his testimony. I couldn’t have any hard feelings toward him. He had a right to have his say. He faced Judge Thorpe and set his shoulders back.
“Your Honor, I was with Sheriff Peterson back in 1936 as we were transporting Mrs. Doyle to Wetumpka to await her sentence. We spotted a wrecked automobile on the side of the road just as we entered Blount County. We pulled over to offer assistance, but once we were in the midst of assessing the two men we believed to be injured, I noticed a third man had gotten into the sheriff’s car and was speaking with Mrs. Doyle. I yelled at him to get out of the vehicle, and that was when I was shot from behind. Much of what happened next is still a blur. But there are a few things that are crystal clear.
“First of all, I remember Mrs. Doyle helping to get me to safety inside the vehicle. I passed out after that, but I remember bits and pieces as I came in and out of consciousness. What I remember for sure is that Mrs. Doyle was frantically trying to save me. If she was determined to escape, she didn’t show it. She stayed with me, prayed over me, and I am convinced I would have died if she hadn’t treated my wounds in the car.
“Now, I’m not standing before you to say that she bears no responsibility for her original conviction. However, I believe in my heart that she did not willfully participate in the ambush of Sheriff Peterson and myself. I ask that you please take that into consideration when handing down the sentence. Thank you, Your Honor.”
The courtroom fell silent for what felt like a full minute as John made his way back to his seat. He never made eye contact with me, but I hoped he knew how much his testimony meant to me. My eyes ached from holding back my tears, but I was determined to hold out a little longer. I glanced over my shoulder at Matthew, and I could see he was having the same trouble.
“I love you,” he mouthed to me. That nearly broke my willpower. I quickly mouthed the same back to him and turned my attention to Mr. Norton as he stood again.
“Your Honor, the last victim who would like to speak today is Mr. Percy Calhoun, father of the deceased, Chester Calhoun.”
There was mumbling in the crowd behind me as Mr. Calhoun stood from the back of the courtroom and made his way forward. The years since I’d last seen him had not been kind. His frail shoulders slumped, and his ragged overalls hung loosely over his body. He shuffled to the front of the courtroom, looking like he’d rather be anywhere but here. When he spoke, his voice was gravelly, and at first I had trouble understanding him.
“Thank you, Your Honor, for ’llowing me to speak today.”
“Mr. Calhoun,” Judge Thorpe said. “I’m afraid you’ll have to speak up just a bit.”
He grunted and started again, this time a little louder. “Your Honor, thank you for ’llowing me to be heard in this matter. I know everyone here has spoken in support of Miss Graves…er…Mrs. Doyle. I don’t know nothing ’bout what’s happened in the years since Chester’s death ’cept in my own family. I can say it has torn us apart. I’ve lost my son, my wife, my reputation in the community, and just about all my business. However, I don’t fix the blame on Mrs. Doyle entirely.
“Your Honor, the truth of the matter is that…well…Chester was not an easy man to get along with. He was harsh with our sharecroppers, and even more so with the Negro workers. I admit, it’s quite possible he attacked Mrs. Doyle first. However, there were circumstances surrounding his death that never added up, and I can’t say Mrs. Doyle is completely innocent. I believe the charge of manslaughter is appropriate here.
“Now I ain’t no judge, so I leave the matter for deciding her punishment up to you. I got no recommendation on that matter. But I will say that I am prepared to accept whatever you deem to be appropriate. Thank you for hearing my statement, Your Honor.”
After Mr. Calhoun returned to his seat, Judge Thorpe addressed Stanley. “Mr. Pierce, is there anything else the defense wishes to add at this time?”
Stanley stood and took his notes with him. “Your Honor, we would simply like to remind the court of the mitigating circumstances involved here. First of all, Mrs. Doyle has never changed her story about what happened in the barn with Chester Calhoun. She has maintained from the beginning that she was responsible for his death. Secondly, as the court has heard here today, Mrs. Doyle neither conspired with her uncles nor condoned their actions in ambushing the Cullman County Sheriff’s vehicle while transporting her. In fact, she actively tried to stop her uncles and did everything she could to treat both Sheriff Peterson and Deputy Frost. Lastly, she has accepted full responsibility for her actions after the ambush in fleeing the scene and not returning to custody immediately. Despite being in the first trimester of pregnancy, having a young daughter who needs her, and a family to care for, she has returned of her own volition to face the consequences of her actions.”
Murmurs of shock and concern sounded across the courtroom as those present assimilated the surprise news of Ruby’s pregnancy and its implications. Judge Thorpe tapped his gavel and gave them all a stern scowl, before Stanley continued.
“We understand that the State will be recommending a sentence of no more than fifteen years in the state penitentiary. However, we ask that the court take into account all the testimony heard here today, as well as the many letters received requesting leniency.”
Stanley shuffled his notes back into order and took his seat beside me. We were almost finished. My stomach swam from nausea, but I did my best to control it. Just a few more minutes, and this will all be over.
Mr. Norton stood up next to make his case for my lengthy incarceration. He cleared his throat and straightened his suit. “Your Honor, the State would like to acknowledge the circumstances Mr. Pierce has pointed out to the court. Mrs. Doyle has exhibited a willingness to accept responsibility for her actions. That is why the State is recommending a reasonable term of imprisonment of no more than nine years for the charge of voluntary manslaughter and three years for the charge of escape. We believe this is a fair sentence that reflects the seriousness of the crimes committed by Mrs. Doyle.”
Had I heard him right? I glanced again over my shoulder at Matthew. His palms were pressed together, and his head bent forward, like he was praying. The sentence was down to twelve years now. Thank you, Lord.
Mr. Norton took his seat, and Judge Thorpe leaned back in his chair again. He folded his hands together and studied me carefully. “Mrs. Doyle, although I did not have a specific sentence in mind coming into today’s hearing, I did have a general idea of how I would rule. I’ve read over the court proceedings of your first trial, along with the reports associated with this hearing. I’ve read all the letters submitted by your friends and family, and I’ve considered the testimony of the victims. However, I find that I may need a little more time to make my decision. Therefore, the court will stand in recess for one hour, and I will make my sentencing when we return.” He slammed the gavel down onto the bench and stood, before leaving through the door at the back of the courtroom.
I turned to Stanley as everyone in the courtroom began talking at once. “Is this a good sign?” I asked.
He shrugged. “I’m not sure. Without knowing how he intended to sentence you to begin with, I don’t know if he’s considering a longer term or a shorter one.”
Matthew leaned over the rail separating us and took my hand. He pulled me toward him and wrapped his arms around me. “He asked for twelve years instead of fifteen. That’s a good sign.”
“I sure hope so.”
“How are you holding up?”
“I’m all right. I could use some water.”
“I’ll get it,” Asa said. He disappeared into the crowd.
“Did you hear all those people standing up for you?” Matthew asked. “And Natalie! You never told me what ha
ppened between you two.”
“I guess I haven’t thought about it in a long time. I can’t believe she came here. All of them! Laura, Mike, and Mr. Hyde. God has truly blessed me today, no matter the outcome.”
Chapter Thirty-Seven
Matthew
October 30, 1945
Cullman Courthouse, Alabama
By the time the judge returned an hour later, my nerves were shot. We’d spent most of that time in the conference room letting Ruby get some much needed quiet and rest. She threw up once, but swore she was fine to finish the day. It killed me to see her like that, her face so pale, and her body so weak. This couldn’t just be due to her pregnancy; it had to be the stress of the hearing as well. As much as I was dreading the separation we faced, I took comfort in that at least this part would soon be over, and we could begin the process of waiting for our family to be whole again.
I had to wonder how Ruby’s pregnancy would play out. Would she have to deliver the baby in the prison hospital? Would they let me be there? Would I be able to take the baby home with me? How in the world could I possibly care for a newborn? My mind began to race, but I caught myself again taking my eyes off God’s provision for my family. I would just have to trust that He would guide us and protect us along the way.
Putting the future to the back of my mind, I focused squarely on the judge as he prepared to make his ruling. My knee bounced up and down as he told Ruby to stand. Stanley rose with her. I wished with all my heart I could stand in her place, or at least stand beside her.
Judge Thorpe reviewed the terms of the plea agreement, a seemingly endless statement of all the charges we’d been discussing for weeks now and the rights of the State to recommend the sentence, and the rights of Ruby to request leniency. Finally, he got to the meat of the matter.
“Because the plea in this case was not a binding agreement, sentencing is at the discretion of the court,” he said. “With that end in mind, I have considered several issues, which I will now outline. Firstly, it is my understanding that the defense has neither requested a reduction in the charges, nor an alternate sentence in this matter. The only request has been for leniency at the discretion of the court.
“Secondly, I have taken into consideration the willingness of Mrs. Doyle to accept full responsibility for her actions over the past nine years, as well as her voluntary return to custody even though she is currently with child.
“Thirdly, this court would like to acknowledge the courageous conduct of Mrs. Doyle during the time she was trapped on Bataan along with our military. It is evident that she served others with a selfless heart and dedication to those who were suffering unimaginable pain. Nothing said here in this court today can take away from your sacrifice, Mrs. Doyle. For that, I thank you.”
He paused and seemed to gather his thoughts for a moment. “Lastly, given the testimony of the two victims in this case, it is the conclusion of this court that Mrs. Doyle did not act with any malicious intent during the ambush of Sheriff Peterson and Deputy Frost. However, rather than return to custody, Mrs. Doyle fled the State to avoid her sentence for her previous conviction. Even though that conviction was later vacated, at the time, Mrs. Doyle was legally incarcerated, and the escape was unlawful.
“Therefore, it is the decision of this court, in the matter of the charges involving the escape, that Mrs. Doyle’s guilty plea is accepted. This court sentences you to no more than eighteen months in the state penitentiary.”
Eighteen months. That was manageable. We could handle eighteen months. My hope began to rise.
“Now,” Judge Thorpe continued. “In regards to the charge of voluntary manslaughter, it is the belief of this court that, although manslaughter was committed, there were mitigating circumstances, including a possible pattern of violent behavior by the victim himself. Mrs. Doyle, you have remained consistent in your story, and I believe it is compelling. Therefore, in the charge of voluntary manslaughter, I am accepting your guilty plea and fixing the sentence at three years.”
Mumblings erupted through the gallery, and I couldn’t help a small feeling of victory. Altogether, that was four and a half years we would be apart, but it was so much better than what I had been expecting.
Judge Thorpe tapped his gavel. “Order, please.” He waited for quiet again. “In considering the larger picture presented here today, and considering the time you sacrificed in service to your country in the Philippines, and the fact that I do not want to sentence a baby to being born in prison, the court is suspending Mrs. Doyle’s sentence, contingent upon her adherence to all laws from this point forward.”
My heart raced. Did he say the sentence was suspended? I racked my brain trying to remember what that meant for Ruby. Stanley turned to her with a wide smile, so it must have been good news. Both my knees were bouncing by now.
“In other words,” Judge Thorpe said, “you will be free to go as long as you do not ever break any laws in the future. If you do, you will serve out the sentence as I described it.”
He kept talking, explaining something about paying fines, but all I heard was the word free. Ruby was free! I dropped my head into my hands, unable to control the sobs of relief that came out of me. Several hands clapped my back, but I couldn’t even look up.
Please Lord, let this be real.
Judge Thorpe declared the case to be concluded and brought his gavel down for the final time. Cheers erupted in the courtroom, and I jumped over the rail, wrapping Ruby in my arms. She laughed as I swung her around. “Easy, soldier!” she said. “I’m a bit seasick.”
“Can you believe this?” I said. “Ruby, you’re free!”
She wiped at her own tears and raised up on her tiptoes to kiss me. “It is hard to believe, isn’t it?” She hugged Asa as he came around the rail, followed by Homer. Then, as if a floodgate had opened, one person after another lined up to congratulate her.
I stepped back from the crowd to let her enjoy the moment, but I stayed close, not wanting to let her get far from me ever again. She beamed with joy, and my heart overflowed with love. I bowed my head and closed my eyes once more.
Lord of Heaven and Earth, You have blessed us beyond our expectations, and certainly beyond what we deserve. Thank you, thank you, for being with us today and for setting Ruby free. You are the God of the furnace, the valley, the pit of despair, and You are the God of Victory.
***
Ruby
I don’t know how long I stood there accepting hugs and congratulations from folks, some of whom I didn’t even know. I alternated between elation and exhaustion from moment to moment, but I didn’t want to miss any of it. Asa shook hands with everyone who’d spoken for me, inviting them over for a celebratory dinner the next day.
Matthew wrapped me in his arms once more, kissing me on the forehead. “I know a little girl who wants to see her mommy pretty bad. You ready to go?”
“More than ready,” I said. I turned to Stanley and thanked him once again for all his hard work.
“It was truly my pleasure,” he said.
“You’ll come to dinner tomorrow?”
“I wouldn’t miss it.”
Matthew stuck his hand out and gave Stanley’s a firm shake. “I have to admit, I had my doubts. But however you managed it, you gave me back my family. I cannot thank you enough.” Then Matthew pulled him into a hug, while Stanley laughed.
When they released each other, Stanley picked up his briefcase from the floor. I caught a glimpse of a small, dark figure in the back corner of the courtroom, watching me. His eyes shifted away as soon as he realized I’d seen him. Everything around me seemed to go silent for one instant, and the still, small voice called my name.
Ruby.
Then just as quickly, everything rushed back. “Is that Brother Cass?” I asked Asa.
He looked to the corner where I’d gestured. “Sure is. Wonder what he’s doing here.”
“Probably looking for a way to condemn Ruby,” Matthew said. “Let’s not let him ru
in our day. Come on, let’s go home.”
We made our way down the aisle, Matthew leading the way. I noticed Brother Cass moving toward us, and my stomach tightened. It wasn’t that I feared speaking with him so much as I feared how Matthew would react to him. I didn’t want anything to spoil our happiness. But there was the matter of hearing God’s voice again, the way I had so long ago.
Ruby.
Matthew must have noticed him too, because he tightened his grip on my hand and sped up toward the door. Brother Cass got to the door just before we did, and he lifted his gaze to meet mine. He raised his hand as if to ask us to stop, but Matthew plowed right past him, pulling me with him.
On the steps of the courthouse, we ran smack into a flock of reporters. Cameras popped and men called questions out to me from all directions. “Ruby, how do you feel? Ruby, what will you do now?”
“I just want to thank all the wonderful people who came out to support me today,” I said. “I’m truly humbled by the testimony on my behalf. And I especially want to thank Judge Thorpe. He showed me great mercy, and I plan on living a life that’s worthy of that mercy.”
“Ruby?” another man called from my right. “What made you decide to come back and turn yourself in?”
“I just knew it was the right thing to do.”
They shouted more questions, but Matthew put his hand in the air and announced we were heading home to spend time together as a family. Then he pushed through the crowd, with Asa and me following behind.
The fifteen-minute ride back to the farm was the most exquisite agony. I couldn’t wait to see the look on Mother’s face when I arrived, and I didn’t think I’d let go of Hope for a full week. Mother must have seen the truck coming, because she was waiting out on the front porch as Asa drove up.
I didn’t even wait for the truck to stop moving before I threw the door open, climbed over a laughing Matthew, and took off for the steps.
Abiding Hope: A Novel: Healing Ruby Book 4 Page 39