“There is no evidence in the record that Mr. Barbour was struck by Mr. Brown before he fell. No witness saw Mr. Brown strike Mr. Barbour. Dr. Sharp, after examining the body, cannot say beyond a reasonable doubt that Mr. Brown struck Mr. Barbour. He did say that a reasonable explanation of the cause of death was that Mr. Barbour’s feet slipped on the slick porch steps and he hit his head when he fell.
“And now we come to the most telling evidence adduced at this trial, the rain. It came down in buckets that night, and it is indisputable that Mr. Barbour was lying dead on those steps in the rain. He and his clothes were wet. The rain extinguished the flames on the board that burned his face. One thing the court knows for certain is that Mr. Barbour died in the rain.
“Another thing the court knows for certain is that Mr. Brown traveled to Barbour’s house after the rain stopped. The rain soaked everything, Your Honor, but it did not soak Mr. Brown. Mr. Brown could not have had any part in the events that caused Mr. Barbour’s death because his clothes were dry. No one saw Mr. Brown kill Caleb Barbour because Worthy Brown was nowhere near Barbour’s house when Mr. Barbour died.”
WILLIAM PAGE’S ARGUMENT WAS HALFHEARTED, and it was apparent to Matthew that the district attorney had lost faith in his case. Justice Boise granted Matthew’s motion to acquit and adjourned court. Heather sent Francis Gibney to the front of the makeshift courtroom to protect Worthy, but no one tried to harm Matthew’s client now that everyone believed that Caleb Barbour had died in a freak accident after raping an innocent young girl.
“You’re free,” Matthew said.
Worthy sat, stone-faced.
“It’s over, Worthy. You can go to Roxanne. You can be together.”
Worthy turned to Matthew and stood slowly. He stared at him for a moment. Then emotion overwhelmed Worthy, and he hugged his lawyer.
“You see,” he said. “You see. You’re free, too, Mr. Penny.”
Before Matthew could respond, Orville clapped him on the back and Heather offered her congratulations.
Marshal Lappeus loomed over the group. “That was good lawyering, Mr. Penny. And I’ve got to say, I’m not sorry you won. I got to know Mr. Brown, and he seems a decent sort, which is more than I can say for Barbour.”
“Does Mr. Brown have to go back to the jail?” Matthew asked.
“Not unless he wants to. He’s got clothes there, but someone can get them later.”
“You must come with me to see Roxanne,” Heather told Worthy. “She knows your case was going to be decided today, and she’ll be sick with worry. Seeing you free will be the best present she has ever received.”
Worthy looked at Matthew.
“Go along, Worthy. There’s nothing more you need to do here.”
“And you must come, too, Matthew. We’ll celebrate.” Heather beamed at Penny. “You were magnificent.”
Then Heather and Francis Gibney led Worthy out of the loft and down to Heather’s carriage.
“Well done, Matthew,” Orville said. “That was the most brilliant job of lawyering I’ve ever seen.”
“Thank you, Orville.”
“Shall we ride up to Gillette House together?”
“I’ll meet you there. I want to bring my papers to my office and do a few things before I head up.”
“Very well,” Orville said. “I’ll tell Heather you’re on the way. She was right, you know. You were magnificent.”
Matthew walked to his office without seeing his surroundings. Worthy was free, but Worthy had never done anything wrong except try to take the blame for something Matthew had done.
Heather and Orville were right. He had been magnificent: a magnificent liar. It had all been a trick. The truth had not come out in court. A fiction had led to Worthy’s release. Caleb Barbour had not slipped on a wet step. Matthew had murdered him, and Matthew believed that he would suffer for that act for the rest of his life.
CHAPTER 63
The day after Worthy Brown’s trial, Matthew bathed, put on a fresh set of clean clothes, and set off on horseback up the winding road to Gillette House. He found Heather seated on the sofa in the room where they had schemed to save Roxanne on the evening Matthew had killed Caleb Barbour. Heather stood up and smiled when she saw Matthew. The windows were open, and the sun came out from behind a cloud. Heather studied Matthew in its light.
“How are you?” she asked.
“I’m better now that Worthy is free, but I’m not well, and every minute I stay in this town I grow sicker at heart.” He paused and looked down. “I’m going to leave Oregon.”
“Oh, Matthew.”
“Nothing has worked for me here. First, Rachel . . .” Matthew’s voice caught, and he paused to regain his composure. “And my law practice has not been successful.” Matthew looked down. “And I will never be able to put what happened at Caleb Barbour’s house behind me.”
“If you leave Oregon, where will you go?”
Matthew shrugged. “Maybe back to Ohio.”
“Would life be so much better there?”
“I have no idea what life will thrust upon me. It’s all been a big surprise so far.”
Heather’s features changed from pity to stern resolve. “I wish you had the ability to see yourself as I see you. You think you are a coward because you let Worthy Brown take your place in jail, but Worthy left you no choice. He put you in a box. But, Matthew, the truth is that you saved Worthy Brown’s life.”
“I should receive no credit for gaining an acquittal for Worthy when he did nothing but try to take the blame for something I’d done.”
“I know you are racked with guilt because Barbour died at your hands, but Barbour was a cruel and vile man, and God knows what he would have done to Roxanne if he’d gotten his hands on her again.
“No matter how you see yourself, I see a good and decent man who saved the life of a helpless girl. You also saved me from ruin. Orville told me about your meeting with Bernard Hoxie in San Francisco. He said that you are the person who convinced Hoxie to testify truthfully, and it was his testimony that destroyed Hill.
“I get so angry when I see you devalue yourself like this. Roxanne and her father might be dead now if it were not for you, and I have no idea what my fate would have been without your intervention. The three of us owe you our lives, Matthew. How many people can claim to have had that great an impact on the future of other human beings?”
Matthew looked down, but Heather forced him to look at her.
“I love you,” Heather told him.
“You shouldn’t. I’m a flawed human being.”
“No, you are just a human being, and we are all flawed. But you’re a good man at heart, and you’ve suffered more than your fair share. Stay here, stay with me. Let me help you to be happy.”
“I don’t know—”
“Matthew, I’ve just told you that I love you. Do you love me? Be honest. If your heart tells you that you don’t, then tell me, but if you do love me, don’t break my heart by leaving.”
Matthew hesitated. He had loved Rachel more than life itself, but he could not hide from the fact that he loved Heather, too.
Heather took Matthew’s hands in hers. “Don’t let what happened during a split second at Caleb Barbour’s house destroy your life and mine,” she said. “If you love me, tell me.”
Matthew flashed on his final memory of Rachel, and his chest seized up. He had lost love once, but he was being given a chance to find it again. He began to sob. Heather held him. Tears stained her cheeks, too, as they rocked back and forth in each other’s arms.
CHAPTER 64
Roxanne stayed at Gillette House while Worthy fixed the damage to the cabin and cleared it of the debris that had accumulated during the months he was confined. When the cabin was fit for habitation, Roxanne moved in with her father, but they returned to Gillette House each day to work fo
r Heather.
One afternoon, two weeks after Worthy’s trial, the weather was mild enough to sit in the gazebo. Heather found Roxanne in the kitchen making the crust for a pie and asked the young girl to join her.
“Have you given any thought to your future?” Heather asked when they were seated side by side.
“I guess I’ll stay here and work for you,” Roxanne answered.
“Is that all you want out of life, to be my servant?”
“You’ve been good to me, Miss Heather. And this house is a nice place to work.”
“It’s a safe place, but is this what you want?”
Roxanne shrugged.
“What does your father want for you, Roxanne?”
“Freedom,” Roxanne answered, the words catching in her throat. “And I got that now.”
“Do you think your father wants freedom for you so you can work for me, or does he want something more for you?”
“I don’t know what he wants for me past freedom. We talked about it some, but all my daddy said about freedom was that we could choose once we had it.”
“Roxanne, there’s a war going on. When it’s over, the future of your people will be different. Slavery can’t last. Once all of your people are free, they’ll need to be shown what to do with their freedom. They’ll need to be educated like white people if they want to succeed in a white man’s world.
“You have a fine mind, Roxanne, too fine to waste as a servant in Gillette House. There’s a school in Boston run by Hiram Knox, a minister of Reverend Mason’s acquaintance. Reverend Knox is white, but the school is for freed Negroes. Some of the teachers are even Negro. I wrote to Reverend Knox about you, and I just received a reply. Reverend Knox is willing to accept you as a pupil.”
Roxanne’s eyes went wide with fear. “I don’t want to leave you, Miss Heather.”
“I know you’re frightened. And you won’t be alone. I’ll make sure that your father goes with you. But you and your father have to go. Oregon bans Negroes from the state. You have no chance of success here. In Boston, there are free men and women of your race. You are so bright. Once you receive your education, there are so many things you’ll be able to do.”
Roxanne was trembling now, on the verge of tears. Heather cupped her chin and forced Roxanne to look at her.
“When I was sent to Boston for my education, I cried, too. I was terrified to leave my family and friends and everything I’d ever known. But I was so glad by the time my education was complete. You’ll become a self-sufficient woman in Boston. You’ll start a new life away from the suffering you’ve experienced here and among Negroes who can make choices for themselves.” Heather smiled. “Who knows, you may even meet your husband there.”
Roxanne flushed with embarrassment, and Heather laughed. Then she reached out and hugged Roxanne.
“You been so good to me,” Roxanne said.
“You deserve goodness. You’re brave, and your life has been hard. It’s time you turned your back on your old life and built a new one. You love learning, and there’s only so much I can teach you. A new world will open up for you at Reverend Knox’s school. If you choose, you may become a teacher someday and open up new worlds for others. Think about this opportunity. Discuss it with your father. Then let’s talk again.”
Heather walked away, and Roxanne stayed in the gazebo to think. Worthy was free, and a future of possibilities was suddenly open to her, but the prospect of leaving the only safe place she knew and going across the continent to Boston was terrifying. Then it occurred to her that she would not have known what a continent was or the location of Boston had it not been for the education Heather had given her. Learning was exhilarating. Roxanne remembered how she felt when she grasped a mathematical concept and the wonder she experienced when Heather told her about Africa, where Worthy had been born. Heather had opened up a new world for her, but that world was confined to the library in Gillette House and limited by Heather’s knowledge. There was so much more to learn, and Heather was giving her the chance, if she could muster the courage to go after it.
CHAPTER 65
Worthy Brown stood at the rail of the steamer to San Francisco, the first leg of the journey east. White sails appeared on the horizon from time to time, and a pod of whales had entertained the passengers the day before. Otherwise, there was little to break the monotony of the calm and endless sea.
Worthy heard footsteps, and a moment later Roxanne was leaning on the rail beside him.
“The ocean sure is big,” she said as she looked toward the horizon.
Roxanne’s sense of wonder made Worthy smile. “It sure is.”
“You told me that it took forever when you came from Africa across the ocean. I didn’t know what you meant by ‘forever’ until now. I don’t know how you survived the journey.”
“It was hard, but seeing you here with me now I believe that every hard thing that happened in my life was worth the sacrifice. I would do it all over again if I knew you would end up free and happy.”
Roxanne smiled. “I am free, Papa, and I am most definitely happy.”
Worthy laughed and pulled Roxanne against him.
“You make me proud; you make me proud.”
They talked a little longer. Then Worthy went inside, but Roxanne stayed at the rail. The last few days had been a whirlwind, and it was good to have time to reflect on them.
Would everything turn out well for her? She looked out at the vast expanse of ocean and thought about her endless possibilities.
“I believe things will go well for me, Daddy,” she whispered into the strong breeze. “I believe they will.”
Author’s Note
In the early 1980s I read an article about Holmes v. Ford, a case from the Oregon Territory. In Missouri, Colonel Nathaniel Ford had owned Robin and Polly Holmes and their children as slaves, but when he moved to the Oregon Territory, Ford told Robin and Polly that if they helped him establish a farm in the Willamette Valley, he would free the family. The Holmeses kept their part of the bargain, but Ford kept only part of his. He freed the parents and one small child but retained several of the children as indentured servants. During this time period, Oregon was hostile to blacks. When Oregon became a state in 1859, the state constitution barred free Negroes from living in Oregon unless they had been residing there when the constitution was passed. The Holmeses, who were illiterate, had to find a white lawyer who would help them get their children back. In 1853, George Williams, the chief justice of the Oregon Supreme Court, ordered Ford to return the children, but one had already died in Ford’s custody.
I thought this situation was heart wrenching. I could not imagine what Robin and Polly had gone through, and decided to write a novel inspired by the case. I set the book in 1860, during Oregon’s second year as a state, and made one of my main characters a young lawyer who was grieving for his wife, whom he had lost on the Oregon Trail.
During the 1980s I spent many hours in the library of the Oregon Historical Society learning about frontier life in 1860 and, more specifically, what the practice of law was like then. I also stumbled across a memoir of Stephen J. Field, one of America’s most colorful citizens. The first United States Supreme Court justice from the West, Field was also the only Supreme Court justice to be arrested for murder while sitting on the bench. I decided that a character based loosely on Field, as well as a highly fictionalized version of the case that led to his arrest, would be part of my book.
For several years on and off I worked on a draft of Worthy Brown’s Daughter. Then, in 1993, Gone, But Not Forgotten became my first best seller. In 1996, I retired from law to write full-time. I wrote contemporary legal thrillers while my historical novel languished in a drawer. Sometime in the 1990s I dusted it off and reread it. After a consultation with Jean Naggar, my exceptional agent, we decided that the book still needed more work before it would be worthy of pub
lication.
In 2010, Jennifer Weltz, another of my agents, took a look at the book and made some brilliant suggestions that prompted me to rewrite it from page one. HarperCollins agreed to publish Worthy Brown’s Daughter, and my editors, Caroline Upcher and Claire Wachtel, worked hard to make the novel the best book I’ve written, and Milan Bozic designed the perfect jacket to showcase it.
I have taken liberties with some of the historical events in the book. The Oregon Pony arrived in Oregon in 1862, not 1860, and Charles and Ellen Kean performed The Merchant of Venice in 1864. I want to thank Chet Orloff, former executive director of the Oregon Historical Society, for reading the book and bringing other historical inaccuracies to my attention.
Special thanks also go to Ron Cinniger, who plotted Matthew Penny’s cross-country trip, which did not make it into the final manuscript, and provided me with invaluable reference materials. Thanks also to Dick Pintarich for his invaluable information about the Barlow Road, and Nancy Kelton, Pam Webb, Jay Margulies, Jerry Margolin, and Virginia Sewell for their constructive comments. Thanks to my wonderful children, Ami and Daniel, and Ami’s husband, Andy, for their support. And, as always, thanks to Doreen, my muse, who continues to inspire me.
Set out here is a bibliography of books I read while working on Worthy Brown’s Daughter. Since my research was ongoing from the early 1980s, it is possible that I have forgotten to include other books and articles I relied on. If so, I apologize in advance.
Anderson, Dorothea. Your District Attorney’s Office, 1855–1977, Portland: Multnomah County District Attorney’s Office, n.d.
Barlow, Mary S., “History of the Barlow Road,” Quarterly of the Oregon Historical Society 3 (1902), 71–81.
Cooling, Benjamin Franklin. Symbol, Sword and Shield: Defending Washington During the Civil War. Hamden, CT: Archon Books, 1975.
Davis, William C. Battle at Bull Run: A History of the First Major Campaign of the Civil War. Garden City, New York: Doubleday and Co., Inc., 1977.
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