Impending Love and War

by Laura Freeman

  Noah played with his son while Tess leaned against him.

  Cory didn’t miss the lustful stares of Clyde and Buck.

  “The judge will lock you in jail for six months.” Clyde sneered. “I’ll make sure your woman doesn’t get lonely.”

  “I’ve got first dibs,” Buck said.

  “We’ll take turns,” Clyde replied.

  “You make me sick.” Cory turned to Edward. “All of you.”

  “Women were made for a man’s needs.” Buck leered at her. “I could show you how.”

  Tyler bolted toward Buck, but Lane blocked him. “Sit.” He turned to Buck and Clyde. “Not another word from anyone.”

  Only Adam broke the silence when he burst into a joyful laugh elicited by Noah. The baby lightened the mood, and Cory settled against Tyler’s shoulder for the remainder of the ride.

  When they reached Akron, the sheriff led his group down Broadway Street. The other passengers spread out through the town and took different routes that converged on the courthouse.

  Edward looked around at the small crowd following them. “I know what your friends are planning,” he told Cory. “I don’t care what they do with Noah, but Tess and Adam belong to me.” He nodded at Buck and Clyde. “They won’t hesitate to stop anyone who interferes.”

  “We don’t want anyone hurt,” Tyler said. “There won’t be any trouble.”

  Cory wasn’t so sure.

  Sheriff Carter wasted no time once they reached the courthouse. He filed the paperwork and took Noah, Tess, and Adam across Broadway Street to the jail.

  Tyler joined Sam Morris in one of the empty rooms in the courtroom. Law books were stacked on one of the tables. She wasn’t needed and turned to leave. Tyler grabbed her hand. “Thank you for everything.”

  A declaration of love would have been better, but she’d settle for gratitude. Cory found Adelaide on a bench on the first floor. She looked tired. “You don’t have to stay if you don’t want to. It may be awhile.”

  “I started this by letting Noah stay in my barn. I aim to finish it.”

  She realized the implication of her words. “What’s our plan?”

  ****

  The case was placed on the afternoon docket. The courtroom was full by the time the sheriff brought in Noah, Tess, and Adam. They were segregated off to the side. Tyler had argued against shackling them, but an armed deputy stood nearby.

  Edward and the Cassell brothers sat behind the prosecuting attorney, Daniel Hossler. Tyler and Sam sat across from Daniel. Tyler looked behind him at Cory, the Reverend, and his family. The rest of the courtroom was full, but many familiar faces from Darrow Falls were missing. He didn’t see Adelaide.

  The bailiff announced Judge William Shoemaker, and everyone stood. He rapped his gavel on his desk, which was flanked by the flag of the United States. The bailiff called the court to order.

  “Charges of aiding and abetting a runaway slave were filed this morning against Noah St. Paul,” Shoemaker read. “What is your plea?”

  Tyler stood with Noah. “Not guilty, your honor.”

  Murmurs passed through the crowd.

  Judge Shoemaker rapped his gavel several times. “Let me make this clear to everyone seated in this courtroom. I will not have any disruption of the proceedings. We are all familiar with the Wellington stand-off. Federal marshals have not been involved in this case, and I would like to keep it that way. This is an informal hearing, but I see you are both represented by attorneys. I will not tolerate long-winded speeches. Let’s focus on the facts. He turned to Daniel. “Call your first witness, Mr. Hossler.”

  “Edward Vandal.”

  Edward took the stand.

  “Explain your relationship with this woman.” Daniel pointed to Tess.

  “She’s my servant.”

  “You mean slave,” Daniel clarified. “You own her.”

  “Yes.”

  “For how long?”

  “All her life. She was born on the Silver Pheasant.”

  “The Silver Pheasant? Explain to the court what that is.”

  “My home in Virginia. Vandalia, Virginia. It’s named for my family.”

  “Why is this slave in Ohio?”

  “A month ago, without any provocation, she ran away and took this child with her. I had to hire men to find her.”

  “Who are these men?”

  “Clyde and Buck Cassell.”

  “Did they find your runaway slaves?”

  “Yes.”

  Daniel turned to the judge. “I will be calling these men to testify.”

  The judge turned to the defense table. “Is there any argument that these slaves belong to Edward Vandal?”

  “Yes, your honor,” Tyler answered.

  Edward stood. “You know I own them.”

  “Sit down!” the judge ordered. He turned to Tyler. “I’ve seen your credentials, and I approved your request to argue this case, but I hope you are heeding the guidance of Mr. Morris. I have no sense of humor when it comes to proceedings in my courtroom.”

  “I plead my case with all seriousness.”

  “What do you base your argument about ownership upon?”

  “I admit he owned Tess at one time,” Tyler explained. “But I plan to prove that he gave Tess away.”

  “Lies!” Edward shouted.

  Judge Shoemaker pounded his gavel. “You are on the witness stand to answer questions by Mr. Montgomery.” He turned to Tyler. “Proceed.”

  Tyler paced from the judge to Edward. “How do you keep slaves on the Silver Pheasant?”

  Edward frowned. “What do you mean?”

  “Are they shackled, locked up, or can a slave walk off the Silver Pheasant, walk down to the river, and board a boat?”

  “A slave can’t leave the farm without a pass.”

  Tyler turned to the audience. “So someone gave Tess a pass.”

  “I didn’t give her one,” Edward argued. “She must have stolen it.”

  “No!” Tess cried out. “Miss Regina gave it to me.”

  The judge hit his gavel and turned toward Tess. “Do you have a pass, girl?”

  Tess removed a medallion shaped like a bird on a leather strip from around her neck and handed it to Tyler. He showed it to the judge and then Edward. “Is this your farm’s pass?”

  He studied it. “Yes.”

  “Could anyone but Reggie give her the pass?”

  “Regina,” he corrected.

  Tyler waited.

  Edward had a stubborn look on his face.

  The judge looked at him. “Mr. Vandal, you must answer the question.”

  “My wife could have given it to her. Or she could have stolen it.”

  Tyler decided to go straight to the heart of his argument. “Your wife, Regina Vandal, helped this slave run away, not my client. Noah didn’t even know his wife was gone until three days later.”

  “Regina is ill.” Edward looked at the judge. “She didn’t know what she was doing.”

  Tyler didn’t wait for any sympathy to build. “What happens to a runaway slave when caught?”

  “They’re punished.”

  “How?”

  “Whipped.”

  “How many lashes?”

  Edward looked smug. “The courts say thirty-nine is a fair number.”

  “Won’t you have to make an example of her?” He pointed at Tess. “You don’t want other slaves to run away from the Silver Pheasant. Won’t you have to strip her naked and whip the flesh from her body? Leave her scarred and crippled?”

  Tess sobbed.

  “You’re trying to make it sound like a bad thing,” he argued. “It’s necessary to maintain order.”

  Tyler took Adam from Tess’ arms. “And this baby. What will happen to him?”

  “A wet nurse will take care of him so she can work in the fields,” Edward said. “Women work harder if they don’t have children to tend. And she’ll have to work hard for all the money she’s cost me.”

  “Is t
hat all? Hard work?”

  Edward didn’t answer.

  “Is that all?” Tyler repeated. “Should I call Clyde and Buck Cassell to testify how women are punished at the Silver Pheasant?”

  “She knew the risk she was taking when she ran away!” Edward argued.

  “Precisely.” Tyler smacked his hand on the table, startling everyone. He turned to Edward. “So why run away? Why risk being beaten and raped?”

  Edward glanced toward Tess.

  Tyler turned toward Noah. “Especially since her husband, Noah St. Paul, lived in Vandalia.” Tyler looked from Noah to Edward. “How often did Noah see his wife?”

  “He came by on Sundays. Mr. Yoder provided a pass.”

  “Did Mr. Yoder own him?”

  “No, your mother did.” Edward sneered. “But the whore was too busy entertaining men at the Dunking Witch saloon to bother with her slave or her son.”

  Tyler anticipated Edward’s slander. He schooled his face and body to remain calm. “I once broke Mr. Vandal’s nose for saying what he did, but I was a child then.”

  Edward frowned. He had black circles under his eyes and a swollen nose to prove more recent violence at Tyler’s hands.

  “My mother owned the Dunking Witch.” Tyler’s voice was loud and clear. “She was a good business woman and a good mother. She paid for my college education.” He looked at Cory. He wasn’t ashamed of his past any more. “Women have difficult choices to make in this world run by men, but Tess didn’t have any choice!” Tyler pointed at Edward. “What happens if a slave refuses to obey an order?”

  “They’re beaten.”

  “When Regina drove Tess to the river, put her on a boat, and paid her fare, she ordered Tess to leave Vandalia. She had no choice but to obey.”

  Edward stared at Tess. “Regina wouldn’t do that.”

  On the table was the packet Tyler had given Sam for safe keeping. He saw Noah’s look of concern when he removed a document. “I have a letter written by Regina Vandal stating she ordered Tess to leave and even gave her money for her trip north.”

  “It’s a forgery!” Edward shouted.

  Tyler handed the letter to Judge Shoemaker, who handed it to Edward. “Is this your wife’s handwriting?”

  Edward stared at the letter. “Yes.”

  “Read it,” the judge instructed. “Read it aloud.”

  Edward cleared his throat. “Dear Edward, if you are reading this letter, Tess did not reach freedom as I intended. I gave her a pass, money, and ordered her to go. I know what I did was wrong, but I couldn’t bear seeing Tess with Adam every day while my arms were empty. I tried to stop you from going after her, but you were single-minded in your pursuit. Please don’t hold anyone responsible but me. Regina.”

  The bailiff took the letter and handed it to the judge. “Your point is made, Mr. Montgomery, but this woman and baby still belong to Mr. Vandal, and he has a right to claim them.”

  “But he doesn’t have the right to assault and kidnap Noah St. Paul, not once but twice.” Tyler took a flier from the packet and handed it to Edward. “Did you have this flier printed?”

  Edward refused to answer.

  “Wasn’t this man, Noah St. Paul, beaten and arrested because of this flier? Wasn’t he placed in the jail across from this very courthouse not today but nearly a week ago?”

  “I don’t recall.”

  “Is Noah St. Paul your slave?”

  “No.”

  “But by printing this flier, don’t you claim to be the owner? Didn’t you leave your name with the sheriff if anyone had information?”

  “I only wanted to find my own slaves.”

  Tyler waved the flier toward Noah. “Then why beat him over the head and drag him through the streets after you had Tess in custody?”

  Edward pointed at Clyde and Buck. “That was them.”

  “You pay them,” Tyler reminded him.

  “I pay them to recover my property. How they do it is none of my business.”

  “And that washes your hands clean?” Tyler turned his back on him. “I have no more questions for this,” he paused, “gentleman.”

  Chapter Thirty

  Buck and then Clyde testified they found Tess and Adam with Noah trying to escape. Tyler exposed how they threatened to kill the baby and used brutal force against Noah even after Tess was in custody. Neither man showed any remorse.

  Daniel summarized his case by pointing at Noah. “She was in the company of this man, Noah, who helped her escape.” He looked at Judge Shoemaker. “The law states you must return a runaway slave to its master. And anyone aiding a runaway must be punished. I only ask that you uphold the law.”

  “Your turn, Mr. Montgomery,” Judge Shoemaker said. “Call your defense witnesses.”

  “I call Noah St. Paul.”

  “He can’t testify against a white man!” Daniel reminded him.

  “He won’t,” Tyler assured them.

  Tyler removed something from his packet of legal papers. “I would like to provide a marriage certificate between Noah St. Paul and Tess.” Tyler handed the document to the judge for examination.

  “Slaves can’t marry,” Edward spoke.

  The judge silenced him.

  “Mr. Vandal has a valid point, your honor,” Tyler said. “The law doesn’t allow slaves to marry in the South. Sometimes they’ll perform a ceremony called jumping the broom. Slaves recognize it as a marriage contract between two people, but it’s not recognized by the law.” He turned to Noah. “Is that how you and Tess were married?”

  “No, we were married in a church. A Quaker church.”

  “Note the name of the church on the certificate of marriage.”

  “I don’t see how that makes any difference if the law doesn’t recognize marriages between slaves,” Daniel argued.

  “But God does,” Tyler stated. “Perhaps not under the law of the Commonwealth of Virginia, but in the eyes of God they can become husband and wife, and the child is proof of the union between Tess and Noah. The Quaker religion does not recognize slavery and married Noah and Tess in their church before God and witnesses.”

  “So they’re married,” Daniel stated. “Your point?”

  “Does the court concede they are man and wife?”

  Daniel looked at Edward, who nodded. “We do.”

  “Then Noah is not guilty of aiding a runaway. He was protecting his family, a God-given and legal right in this country.”

  The judge removed his glasses. “What do you mean, Mr. Montgomery?”

  Tyler pointed at Edward. “When a woman marries, she leaves the protection and authority of her father or a brother and is placed under the protection of her husband.”

  Edward jumped to his feet. “She’s not my sister! And you have no evidence that Cyrus Vandal was her father.”

  “I was speaking generally,” Tyler explained calmly.

  The judge rapped his gavel. “Sit down, Mr. Vandal.” He looked at Tyler. “Get to your point.”

  “As master, Mr. Vandal doesn’t need to have a fraternal relationship with Tess to be her protector,” he clarified.

  Tyler pointed at Noah. “The law clearly recognizes the transfer of protection and possession to a husband on the wedding day.”

  “Go on,” the judge conceded.

  “When he consummates the marriage, he also claims any wealth or property of hers and makes all future decisions for her,” Tyler expanded. “A wife and her children belong to the husband in legal matters. He must provide and care for them.”

  Tyler lifted Adam in his arms. “A master like Edward Vandal can tear a child from his mother’s arms and sell him to the highest bidder. Edward claims this little boy belongs to him because he owns his mother. But what about his father’s rights?”

  “There’s no proof the child was fathered by him,” Edward shouted.

  “Look at the date on the marriage certificate.” Tyler pointed at the document. “Under the law any child born to a woman after the wedd
ing day is the responsibility of her husband and considered his legal child.”

  “How old is the baby?”

  “Eight months.”

  “They’ve been married for nearly two years by this date.” The judge looked at Noah. “He’s legally responsible for this child, whether he fathered him or not.”

  “But I own him,” Edward said.

  “There are cases where an indentured servant was owned by one man but married to another. The rights of the husband were upheld.” Tyler retrieved a law book from the table. He opened it to a marked page and handed it to the judge.

  Judge Shoemaker read down the page. “I’m familiar with this case. How far do you consider this protection?”

  “You heard Mr. Vandal testify that Tess would be whipped and raped,” he reminded him. “A husband not only has a right but a responsibility to stop violence toward his wife.”

  “I was speaking as a master!” Edward interrupted. “I still own her.”

  “But you gave her away in marriage.” Tyler showed the wedding certificate to Edward. “Who witnessed the mark made by Tess? Isn’t that your signature, Mr. Vandal?”

  “The preacher told me to sign. I didn’t read it.”

  The judge examined the document. “It’s a binding agreement requiring your permission, which you gave by signing it.”

  “I still own her, and she ran away.”

  “But my client, Noah St. Paul, was not helping a runaway. He was aiding his wife and son. Buck Cassell testified he took liberties with this young woman. Would any husband stand by and allow another man to molest his wife?”

  Judge Shoemaker rapped his gavel to silence the murmurings of the crowd. He turned to Tyler. “You’ve introduced an interesting argument, young man. I will have to think on this matter.” The judge stood, took the book Tyler had given him, and headed for his chambers.

  “Court is recessed,” the bailiff announced as the judge disappeared through the door to his office.

  “What does it mean?” Cory leaned over the railing. “Is he coming back?”

  “It means he’s going to render a verdict after he considers our arguments.”

  “But he was impressed by you.”

  Tyler wondered. “I had more arguments. He didn’t even wait for my summation.”

  “It wouldn’t have made any difference,” Sam said. “Something you said triggered a decision. He needs to reason it out.”