by Sioux Dallas
Another voice spoke up. “Sorry, I’m not part of this group, but I couldn’t help hearing the topic of conversation.” Paul Meredith, President of the local bank was standing beside them. “I’ve had some dealing with the Amish and know how honest, God-fearing and kind they are. I hope that driver is caught. Even if we never know who did it, we know he’ll rot in hell.”
Levi slapped Paul on the back. “Yes. The coward who drove that car needs to see how Charity is struggling to be independent and provide for herself and her little boy. She is only nineteen and is to be admired. We need more citizens like that.”
Porter was seething. “Why do you say the driver was a coward? Maybe he didn’t know he’d hit the buggy. Besides, maybe he thought he was doing all of you a favor to get rid of an Aim-esh.”
“Get rid of them!!” Paul was shocked. “How can you say such a thing? It’s obvious you’re not a Christian or you wouldn’t think like that.”
Porter had started to walk away. He whirled around and before his daddy or his uncle could stop him he barreled up in Micah’s and the other men’s faces. “You sanctimonious hypocrites putting on a fake face pretending to embrace the Aim-esh when deep inside you hate them as much as I do. You should be thanking me instead of judging me.”
“Porter, are you saying you killed Adam Kime?” Micah calmly asked.
“Porter! You idiot. Don’t say anything else. You’re giving these people the wrong impression.” Orville yelled at him.
Willfred reached to grab Porter’s arm. “Come on boy before you let that slippery tongue get you in trouble.”
What they didn’t know was Micah had called for back-up when he first saw them on the street. At a nod of his head three deputies ran in and placed handcuffs on all three.
“I’m arresting you for the murder of Adam Kime and destroying valuable property. A little boy will never know his father and a young woman, not much more than a little girl, has lost a husband that she adored. She might be young but she is showing more maturity than you’ll ever have. Take them away boys and book them.”
Willfred was leaving yelling at the top of his lungs. “You’re as crazy as that wife of mine. I’ll sue you, I’ll sue the county and you’ll all be sorry.”
Orville just hung his head and plodded quietly along.
Micah gave a deep sigh. Paul was elated. “Good for you, Micah. I told everyone you’d find the answer to the mystery of Adam’s death. Maybe this will serve as a warning to others who might want to do the same thing.”
“Don’t celebrate yet. I don’t have the proof I need and a slick attorney can still get them off free and clear. I have to get busy now and find the one thing I will need to make murder stick.”
The three men did hire attorneys and were out on bail. Micah racked his brain until he had a headache. One day he was sitting at his desk and suddenly jumped up shouting, “That’s it.”
“What’s it?” Several deputies gathered around.
“I’ll tell you when I have the proof I hope to find. Glenn, I’ll be out of town for a day or so. You’re in charge until I return. Ellen,” he turned to the secretary, “notify the Mayor that I’ve left town searching for evidence I need and I’ll return in a day or two. Don’t let anyone else know I’ve gone.”
He ran home to pack an overnight bag and tell his wife where he would be. He drove to Wilkes Barre and checked into the Days Inn, 760 Kidder St. He called Anita to tell him where he was and then called Glenn. He went to a few auto repair shops that were nearby, but had to stop for supper and sleep.
Early the next morning he was up, had a quick breakfast and started hunting again. He began to feel discouraged and was afraid he had a bad idea. He decided that this would be the last auto shop and then he’d go home even though he felt like a failure.
He parked in front and went into the Avondale Auto Repair, 531 North Pennsylvania Ave. An elderly woman greeted him from behind a tall oak desk that almost hid her. She welcomed him and asked how she could help.
“I need to ask about a repair that was made either on 22nd or 23rd of September of last year.”
“Oh, my. That’s a long time ago. I’ll call my son and maybe he can help you.” She went to a door between the office and repair shop. “David, come here, please.”
“Ma, I’m busy.”
“This is very important or I wouldn’t bother you. Sheriff Fleming is here and needs to talk to you.”
“Whoa, boss. What have you done?” One man called as the others made remarks.
David came in wiping the grease from his hands. His coveralls were dirty from working under cars. “Hello, Sheriff, how can I help you?”
“I know this is a strange request, but I’m trying to find evidence in a murder case which occurred last September 22nd. I’m trying to find if a dark blue Cadillac sedan was brought in with a scrape on the right side. It might have left black or just took the paint off.”
David thought and shook his head. “Sorry. Nothing comes to mind.”
Micah tried one more time. “Do you know Porter Kennedy or his father, Orville? Do you ever do any work on their cars?”
David thought a moment and snapped his fingers. “Ma, find Porter’s record on the computer. If that date is in there, then I’ll have it in a hard file.”
David and his mother looked at Porter’s record. “Here it is,” his mother said excitedly. David read the report and then went to a filing cabinet. He brought out a folder and sat at a table, nodding his head to show Micah to join him. “Yes, it’s here.”
“May I read what you have? If it’s pertinent, I’ll need a copy for the court files.” Micah getting more excited as he read.
“The right front fender had a slight dent and a slash of black was running from that. The clincher is the blood found on the right rear tire.” Micah slammed the folder shut saying, “Thank, you, Lord.” He jumped up. “Thank you, folks, from the bottom of my heart. A twenty-one year old Amish husband was killed that night as was his horse. His nineteen year old wife gave birth to a little boy that night and the baby will never know his father.”
David’s mother wiped her eyes while David looked stricken. “Are you saying that Porter killed that young man?”
“I don’t know. I don’t know who was driving the car. I’ve been suspicious, but had nothing to go on. Now I must ask you both something that will be difficult to do. Please, please don’t talk about this to anyone other than us three. I don’t want to alert people to run and hide or do something to cover evidence.”
David and his mother promised that they would keep quiet. “I’ll just tell my men you wanted to ask about car repairs.”
Micah thankfully checked out and headed home. A soft rain had started spitting on the highway. He was singing to himself when a gun shot came through the windshield. “Holy creeps. Who can be doing that? Did someone follow me or did someone just happen on to what I was doing?”
He carefully controlled his car to keep the tires from spinning on the fairly wet pavement. A siren went screaming by him and he recognized a Pennsylvania State Police auto.
He saw the police car, almost a half mile ahead of him, pulling someone over. The driver did not want to pull over so the police car bumped the side of the sedan and forced it off the road. They stopped. Micah came behind them and pulled over. He stopped and cut his engine. Reaching for his hat, he exited his car and went to see what the police was doing.
“Orville Kennedy!” Micah was astonished. “Officer, this man is out on bail. He was arrested for suspicion of murder.”
“Sorry to meet you this way Sheriff, “State Police Jake Wickham said. “I saw this man point a gun out his window and saw the flash as it fired. I pulled him over to determine why he was shooting and at whom.”
“Look at the bullet hole and spider cracks in my windshield. He was shooting at me. How did he know I was in this area? I came to put together some evidence I needed to place his son at the scene of a murder.”
“Hello. T
his just adds to your evidence. If he had not been guilty, he would not have fired on you. I’ll have to arrest him and keep him here until I can take him before a judge.”
Micah groaned. “That means I’ll have to return to witness against him and then take him back to Shickshinny for a trial.”
“Looks that way. Let’s get out of this rain, Sheriff. I hope you get home safely. I’ll send someone back to pick up his car.”
Micah was glad to be headed home at last. He was very tired and frustrated. He wanted to get home to Anita whose pregnancy was causing joint pains, swelling and she had been nauseous the entire time. He kept thinking to himself. When are the two brothers and the son going to realize they can’t win? Sure they can go free for several weeks, but justice triumphs.
Chapter Seventeen
Wilkes-Barre is the county seat of Luzerne County, therefore all murder trials or trials of any importance had to be held in the county seat. Micah lived in Shickshinny and worked mostly from there, but he had to go to Wilkes-Barre.
Micah looked around the crowded courtroom thinking, half of Shickshinny must be here. Noticeably absent were the Amish. They did not approve of going to court unless they were ordered to be a witness or were accused of a crime.
The first few days were spent listening to evidence and determining if there should be a trial. There was no doubt. The next month had an open date for the purpose of choosing a jury. This took three days because men and women had to be chosen who would not be prejudice.
It was two months after the arrest before a trial started. In the meantime, Charity had her twentieth birthday, but wanted no fan fare. She just wanted to be quiet. Friends came by with gifts and her mother made a special cake and had the family in for dinner.
Jeremiah was now walking and often sitting down. He would just giggle and say “ups”. He had heard the adults say, “Whups,” when he sat down.
Charity would always love Adam, but was now learning to live with her grief.
Charity had talked to her daed about the fifty dollars that were left for Jeremiah. He said he would talk to the Bishop and decide. After much talking and thinking they decided that it could be placed in the bank for Jeremiah not to touch until he was old enough to handle it. There would be a lot of interest accumulated. At what age he could use the money was not agreed upon. The Bishop finally said leave it with the instructions that he could not use the money before twenty-one unless he got his mother’s permission.
Charity had no desire to attend the trial, but the church leaders decided they would go and observe. They hired the Morrisons to take them in the car. Mr. Morrison stayed with them because he brought them home each night. He was interested because he knew Adam and Charity and felt they were the perfect example of a young marriage doing so well.
Judge George Donaldson was assigned to this case. He was known for going by the book and would not tolerate any courtroom shenanigans. The District Attorney, Andrew Miles, assigned his ADA (assistant district attorney), Ellen Bolling to work the case. She was known as a bulldog for facts and winning.
Willfred, Orville and Porter had all been advised to have their own attorney instead of one to represent all three. Manley Jessup represented Willfred; Ezekiel Marshall represented Orville and Henry Morgan represented Porter.
Bailiff Andrew Dallas has made sure everyone was checked for weapons before entering the courtroom. He now stood before the people and reminded them of courtroom rules and instructed them to absolutely not talk to any juror or to the judge. He checked to ensure that deputies were in locations where they might be needed.
Nine o’clock. The bailiff stood before the judge’s bench and called, “Hear ye, hear ye. The court is now in session. Judge George Donaldson presiding. All rise.”
Everyone stood as the Judge came in and took his seat. He had black hair thinning at the front with a sprinkling of white at the temples. His eyebrows were so thick and bushy that his dark brown eyes looked menacing. He could have been called interesting looking but never handsome. His six three frame was well padded and he looked as if he could hold his own if he were attacked.
Judge Donaldson struck the gavel saying, “Be seated. Before we start I want to remind everyone that there will be no talking or audible comments from the courtroom. If anyone chooses to break the rules, the bailiff, or a deputy, will escort that person out. If that person gives any trouble, I will order an arrest and hold you.”
He then acknowledged each of the attorneys present and asked them if they were prepared to begin. All were.
Judge Donaldson instructed the bailiff to begin. Ellen Bolling stood and presented a skeleton of the facts of the case. Each of the defense attorneys had their turn. Ellen then stood and asked that Sheriff Micah Fleming be called. The bailiff nodded to a deputy who led Sheriff Fleming in from a room behind the judge. The bailiff swore him in and stepped back. Ellen Bolling stood and started her questions. It took two days to hear all of the sheriff’s testimony. Then the defense attorney each tried to defend their own client and tried to cause the sheriff to appear to be prejudiced and having a personal anger toward these men. Of course his facts were not only true but could be proven.
Anita Fleming had wanted to attend but knew it would be too much stress so near her due date. Too, an ultra sound had shown twins. She and Micah were ecstatic.
The trial went on for three weeks. Everyone involved was exhausted. News reporters and television reporters were not permitted in the courtroom. They had reporters inside taking notes and feeding fresh news daily to them. The Amish church leaders were appalled when microphones were thrust in their faces and cameras were turned on them begging them to give their opinions. With no expressions on their faces, the Bishop just shook his head and they all walked in and out together.
Somehow reporters had sneaked a picture of Charity holding Jeremiah at the store. The story printed about her grief and courage brought tears to many eyes. Contributions started pouring in to help her. She was worried because first her image had been shown to the public and now money was coming in that was gained from the death of her beloved Adam. The Amish were taught from babyhood that money was not important. Hard work and a sense of self respect were more important.
Jacob advised Charity to use the money to do things Adam wanted done. The house was painted and gutters repaired. Fences were repaired and in some parts, replaced. She gave some to an Amish family who had a huge medical bill and very little money. She gave some to the church for the benevolent fund. Charity kept her ears and eyes open for a need that she might help. She didn’t feel heroic or angelic, just grateful for her blessings and wanted to share.
Finally the trial was complete and it was now up to the jury to determine the outcome. After three days of being sequestered they found all three men guilty as charged.
Judge Donaldson read the suggestions of the jurors and after another month called everyone back to hear the verdict. The Amish had not attended every day, but did come on this day. The judge asked the three men to stand. The attorney stood beside each one. There was a strange silence in the courtroom.
Judge Donaldson looked the men sternly and spoke. “Porter Kennedy.”
Porter and his attorney stepped forward. Lisa and Alena were in the courtroom and Lisa was quietly crying.
“Porter Kennedy, it was bad enough that you deliberately ran the buggy off the road causing the death of one Adam Kime and the horse. Mrs. Kime was taken to the hospital where she bore a small son in grief. She has no husband and the boy has no father. If you had come forward and confessed, it would have gone easier on you. Porter Kennedy, I sentence you to life in prison without parole. May God have mercy on your soul.”
Orville’s wife who was Porter’s mother burst into loud sobs and had to be led from the courtroom. A deputy escorted Porter to a back room where his parents would have a chance to say good bye.
“Orville Kennedy.” He stepped forward with his attorney. “Sir, you not only broke several laws, but
you taught and encouraged your son to do the same. If you had helped him confess soon after the accident and then had done no more harm to innocent people, you would not be standing here. You also attempted murder on Sheriff Fleming, hoping to keep him from exposing your son and you. I’ m sentencing you to thirty years in prison.
You may make an appeal, but I hope you’ll take your sentence like the man you should have been. Tell yourself that you’ve learned from this and will, from this day forward, make a gallant effort to steer young people in the right direction.” Orville was taken by a deputy to a back room.
“Willfred Kennedy.” Willfred stepped up with his attorney. Lisa and Alena were in the courtroom. Lisa was sobbing out loud. “Sir, I’m astonished and sickened at you. With an excellent education, a loving family, a prosperous business and people who looked up to you, it was your decision to encourage your brother and nephew in their nefarious activities. I’ve heard no evidence that you’ve been directly involved in the crimes, you continued to support the ones breaking the law. You encouraged your own son which resulted in his death. I sentence you to fifteen years and hope you will use the time to change your attitude and live as a decent human being after this.” A deputy led Willfred out.
There was absolute silence and then the courtroom broke into loud applause. Relieved sighs could be heard all over the room. When Judge Donaldson looked at the Amish he saw only quiet men who looked sad. He knew that deep in their hearts they were praying for the criminals and would not have any joy over the outcome of the trial.
When told the news, Charity just bowed her head and said a prayer. She had no hatred toward the men or cared for vengeance. She had been taught to leave all that to God and she believed it.