Johnny was well aware of his friend’s anxiety; Jelly had been, in his own words, as “nervous as a cat in a room fulla rockin’ chairs” thinking about taking the stand, afraid of making a wrong move. The previous evening-- his family, Murdoch, Teresa, Chad and Jelly---had visited Johnny at the jail after dinner, just as they had each day that they had been in Sacramento. Jelly, who was just as much family as anyone, in addition to being worried about having to testify and still sputtering angrily about the idea of being called as a witness for the prosecution.
No one had wanted to say much about yesterday’s testimony. It was an established fact that none of them had a single good word to say about Scott’s friend Will Hayford. It had been hard enough to hear the man outline the evidence against Johnny, but each member of the family had been greatly disturbed by Nicholas Reed’s intimation that Scott could have considered killing himself, and by hearing Scott identified as what amounted to a “trusting fool”.
Fortunately, Chad had brought his guitar. The young Kentuckian had played and softly sung a few songs, providing a welcome distraction. Nothing too sad, but nothing too cheerful either; the tunes had seemed just right. One song that Johnny had recognized was called “I Dream of Jeannie with the Light Brown Hair.”
Johnny had taken advantage of the cover of the music to quietly question his father. He had learned that Murdoch had not yet had any private conversation with Harlan Garrett, having been loathe to approach his former father-in-law while he was in the company of Will Hayford. Standing with his arms crossed over his chest, leaning against the bars of his cell, he listened while Murdoch explained that Scott’s grandfather was not staying in the same hotel as the Lancers. The elderly man was registered in another establishment down the street, along with the stocky young man accompanying him, who was a relative by the name of Wade Garrett.
“So, you heard from Cipriano?” Johnny asked, changing the subject. Murdoch raised an eyebrow in reply.
“Johnny, I’m not worried about the ranch, Cipriano can handle things.”
Johnny looked down at the floor. “I was wondrin’ if they’d found ‘im yet,” he said softly.
Murdoch looked away. “Even if they do, Cipriano won’t send word. I told him not to,” he added gruffly.
Johnny raised his head at that, staring hard at his father, waiting until the man finally met his eyes. Seeing the question there, Murdoch answered it, reluctantly. “It won’t help your case to have confirmation that Scott is . .dead.” Murdoch described for his younger son the spot in which Scott’s body was to be buried, if and when it was recovered, adding soberly, “We’ll have a memorial service once we are all back at the ranch.” Fearful of being overcome with emotion at his father’s words, Johnny had to look away once more.
“You know, Murdoch, I’d like it if you put me longside ‘im, if it comes ta that.”
“Johnny,” Murdoch remonstrated him, his voice clearly audible as the notes of Chad’s song faded away.
“I said if it comes ta that--- now or anytime later,” Johnny repeated firmly, then turned to Chad, complimented his cousin on his song and asked for another.
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Nicholas Reed carefully approached the witness stand, a reassuring smile on his face.
"Jelly, would I be correct in saying that you know both Johnny and Scott Lancer pretty well?" The defense attorney asked, putting his hand on the rail in front of the witness stand.
"Yeah," Jelly nodded his head emphatically. "I know ‘em both real well."
"Mr. Hoskins, the prosecutor already asked you if Johnny Lancer threatened his brother the day before Scott Lancer disappeared," Reed said, looking at the jury. "And you have answered ‘no’. How did you interpret the comments about ‘watching his back’?”
“Weren’t hardly no threat.” Jelly puffed his chest out. "Johnny was just mad, when he was saying he wasn't gonna' watch Scott’s back no more. But he would’ve looked out fer ‘im all the same. Those boys’re as close as any two brothers I ever did see."
"When they have had arguments, have you ever seen either of them strike the other?"
"No, never," Jelly declared.
"Mr. Hoskins, do you believe Johnny Lancer would deliberately hurt Scott Lancer."
"No way in tarnation!" Jelly exclaimed. "Those two were closer than any brothers I ever did meet. Always, lookin' out for one 'nother."
Reed next posed questions that allowed Jelly to describe several examples of the “Boys” having been supportive of each other. The experienced defense attorney stopped when he realized that the members of the jury were showing signs of losing interest in following the grizzled handyman’s sometimes convoluted stories. Marcus Webster had also noted the demeanor of the jurors and kept his cross examination blessed brief, while still underscoring Scott Lancer’s trusting nature and Johnny’s more volatile one.
When Jelly Hoskins finally stepped down from the witness stand, the grizzled horse wrangler had to acknowledge to himself that he felt as if he been good and trampled by a whole herd of animals . . . .
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The final prosecution witness called to the stand was Mr. Harlan Garrett of Boston. As he watched Scott’s grandfather walk slowly to the front of the courtroom, Johnny noticed again how much the man seemed to have aged. Clearly, Scott’s . . death had hit him hard.
During Garrett’s visit to Lancer, when he’d tried to force Scott to return East with him, Johnny had had the distinct impression that the man hadn’t thought that anything or anyone out here in the West was good enough for his grandson, himself included. Johnny could pretty much imagine the opinion that Garrett must now hold of his grandson’s half-brother. From his seat at the defense table, Johnny stared hard at Mr. Harlan Garrett, waiting for the moment when Scott’s grandfather would look his way, expecting to see pure hatred in his eyes.
Once the elderly man was seated, Marcus Webster posed introductory questions that allowed Garrett to be identified to the jury as a successful Boston businessman, as well as Scott Lancer’s loving grandfather and childhood guardian. Webster allowed the grieving grandfather the opportunity to describe his grandson’s attributes and accomplishments in some detail.
“Mr. Garrett, you raised Scott Lancer from infancy, did you not?”
“Yes, Mr. Webster, I did.”
“Were you and your grandson close, sir? Would you say that you knew him well?”
“Yes, of course.”
“Mr. Garrett, the Defense has suggested that your grandson could have been despondent enough over his difficult experiences during the War to consider taking his own life. What is your reaction to that?”
Harlan Garrett’s expression turned grim. When he spoke, it was with a voice filled with barely controlled anger. “Mr. Webster, it is only out of respect for the Court that I shall refrain from clearly . . . .articulating my views on that subject. The events of which you speak took place over six years ago, sir.” Garrett drew a breath. “Scotty did not survive the War, . . .and a . . a year in that horrible place, only to come out here to California and kill himself!” he concluded emphatically.
Webster nodded sympathetically. “So you consider that theory to be highly unlikely?”
“Yes, I most certainly do.”
“Forgive me for pursuing a painful topic just a bit further, Mr. Garrett. In your observation, prior to leaving Boston two years ago, was Scott depressed?”
“No, no. At loose ends, perhaps. But not that.”
“He did not seem to be excessively troubled by thoughts of the War and his experiences in the prison camp?”
Webster noted with some displeasure that Garrett hesitated this time; some members of the jury seemed to notice this as well. “Certainly, there were some rather unpleasant memories. Scotty was not one who would easily forget his fallen comrades.”
“Mr. Garrett, do you know a man by the name of Lt. Dan Cassidy?”
A distasteful expression crossed Garrett’s face. “I’ve never met the man, but yes, I recognize the name. I believe that he made some outrageous accusations against my grandson,” he said slowly.
“He accused him of having betrayed an escape attempt at Libby Prison. More than that, Mr. Garrett, are you aware that Lt. Cassidy actually came out here to California with the intention of killing your grandson?”
“Yes, Scotty wrote to me about that.”
“What did your grandson tell you about the outcome of that episode?”
Garrett sighed. “It seems that it was this Cassidy person who actually betrayed the escape plan—he was delirious, as I understand it.”
“And do you know what your grandson did, once the truth was known?”
Scott’s grandfather sat up a bit straighter. “He protected the man from his former associates, men who were still intent upon revenge,” he said with a hint of pride in his voice.
“So he seemed to have forgiven this Cassidy for traveling all this way to kill him. Mr. Garrett, would you say that your grandson was an understanding, forgiving, man?”
Garrett nodded. “Yes, yes, I believe that he . . was,” he answered, his voice faltering at the end.
The prosecutor waited a moment for the witness to regain his composure. “Was he perhaps too forgiving, sometimes?”
The elderly man hesitated. “I’m not certain of that, Mr. Webster.”
“No? Even though he helped a man who had traveled thousand of miles to kill him?” the prosecutor inquired, apparently purely for the jury’s benefit, since he did not allow Garrett the opportunity to respond. “Tell me, sir, would you say then, that Scott was accepting of others?”
“Yes, very much so.”
Satisfied with that response, the prosecutor then returned to asking questions about the late Scott Lancer. His inquiries were carefully phrased so that the responses would reinforce the idea that Scott’s fall into Grand Creek had not been an accident; allowing his grandfather to describe the young man as having been physically strong, a good swimmer, and far from being “just a city boy”, but also a careful, experienced woodsman.
Next, Webster painstakingly elicited information from the Boston businessman about the provisions of his grandson’s trust fund and the other contents of his estate, corroborating Will Hayford’s previous testimony.
Webster took a few steps away from the witness stand, then turned to face the front of the courtroom once more. “Mr. Garrett, what did Scott tell you about his half-brother, the Defendant, and his past?” The spare lawyer gestured in the direction of the defense table as he posed this question, and the witness’s eyes followed the movement. Still watching intently, Johnny was surprised to see Scott’s grandfather’s regarding him with an expression of deep sadness on his face.
The elderly man sighed. “He wrote that he had previously made his living as a gunfighter.”
“Under the name ‘Johnny Madrid’?”
“Yes.”
“And what was your reaction, sir?”
“I was concerned, of course.”
“Concerned that your grandson might come to harm in the company of such a man?”
“Well . . yes.”
“Mr. Garrett, were you also concerned that your grandson might actually be harmed by the Defendant?”
“No.”
“You weren’t concerned that Scott might come to injury at the hands of a man with such a violent history?”
“I received letters from Scotty on a regular basis and he assured me that there was no need to be concerned on that score.”
Marcus Webster was uncharacteristically surprised. Due to the Eastern gentleman’s recent arrival, he had not had much time to interview Scott Lancer’s grandfather. The prosecutor had assumed that the Boston businessman would be repulsed by the idea of his beloved grandson having a half Mexican, unlettered gunfighter as a brother, certain that the grief stricken man would be eager to see Scott Lancer’s accused murderer severely punished. Instead of the anticipated righteously angry diatribe against the Defendant, Webster was disconcerted to note that this final witness for the prosecution was actually sounding a bit sympathetic towards the accused.
Outwardly blasé, the prosecutor surveyed the faces of the members of the jury as he spoke. “And of course, Mr. Garrett, we can all understand that you must have wanted very much to believe that your grandson’s assessment of the Defendant was accurate.” Webster faced Judge Blackwell. “Your Honor, I have no further questions for Mr. Garrett at this time.”
At the defense table, Jarrod Barkley and Nicholas Reed and been exchanging notes throughout Harlan Garrett’s testimony. The two attorney’s had been apprehensive about how best to handle Scott Lancer’s grieving grandfather, and based upon the description of the man which they had received from both Murdoch and Johnny, they had expected Garrett’s testimony to be full of invective against their client. They hastily adjusted their strategy in their scribbled written communications.
It was Jarrod Barkley who approached the witness stand. He began by offering his personal condolences to his friend’s grandfather, then proceeded to pose his first questions.
“Mr. Garrett, you mentioned that your grandson wrote you letters. Did Scott speak favorably about his brother in his letters to you?”
“Yes, Mr. Barkley, he did.”
“What sort of things did Scott say about Johnny Lancer?”
Harlan Garrett hesitated for a long moment. “When he first came here, to California, Scotty was very happy to learn that he had a brother,” he said softly. “He said that he admired him, because of the things that he had overcome in his past.”
Pleased at this response, Jarrod risked probing a bit further. “Was there anything else, sir?”
“After my . .visit, Scotty wrote to me at some length about Johnny Madrid . . . excuse me, I meant to say Lancer,” Garrett said with a shake of his head. His next words sounded as if he were recalling an exact quote. “He told me what an honorable, caring, person Johnny was, and that he was . . that he was proud to call him his brother.”
At the defense table, Johnny sat motionless, staring hard at the bare table top in front of him, lifting his head only when he heard the name “Madrid.” He considered the man in the witness chair carefully, and decided, much to his surprise, that there had been no malice in it. As to the rest of what Garrett had said, Johnny swallowed hard and tried not to think about it.
Jarrod Barkley paused so that the jury would have ample time to consider Garrett’s reply. “Mr. Garrett, when you visited your grandson, you attempted to . . persuade him to return to Boston with you.”
The elderly man gave the attorney a level look. “Yes, I did,” was his dignified response.
“Johnny Lancer thwarted your effort to . . convince . . Scott to return with you to Boston. Sir, why do you think that he did that?”
“Objection. Calls for speculation.”
“Sustained.”
Jarrod tried another angle. “Mr. Garrett, what was your observation of the interaction between your grandson and his brother?”
Garrett shook his head sadly at the memory. “They seemed quite close. Rather affectionate. . . . joking as young men do.”
“It appeared to you that Johnny reciprocated Scott’s positive regard?”
“Well, . . .ahem,” Garrett cleared his throat. “I would say yes, Mr. Barkley. He seemed to be quite . .protective of Scotty.”
Jarrod paced back and forth in front of the jury box, before addressing Garrett once more. “Is it fair to say, sir, that you are not completely convinced that Johnny Lancer is the man responsible for the attack on your grandson?”
“No, sir, I am not yet fully convinced of that.” Harlan Garrett directed his next words to the defense attorney, but spoke loudly enough for the entire assemblage to hear. “And I assure you, Mr. Barkley, that I do not intend to return to Boston until I am * entirely* certain that the man who committed this act has been apprehended---- and punished.”
The elderly man bowed his and added, softly, so that only those near the front of the courtroom could hear him, “I owe that to Scotty.”
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CHAPTER 14
Jarrod Barkley wisely decided to end his questioning of Harlan Garrett after the older man’s pronouncement that he did not intend to see his grandson’s murderer go unpunished. The Stockton attorney believed that Scott Lancer’s own grandfather expressing the opinion that the evidence against Johnny Lancer was, at best, inconclusive, would make a very strong impression upon the members of the jury.
The prosecutor, hoping that this witness might yet present some information that would implicate the Defendant, began his cross-examination by asking Garrett if Scott Lancer had ever told him that his brother had shot him.
The Bostonian’s face assumed a very concerned expression. “No, Mr. Webster, that was not something that Scotty ever mentioned to me, either in a letter or in person. But I’m sure that ----–“
“Thank you Mr. Garrett,” Webster interjected quickly. Before excusing the witness, the prosecutor used a few additional questions to underscore the point that Scott Lancer had been a forgiving, trusting man, and reiterate that his trust had, in the past, sometimes been misplaced.
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With Harlan Garrett’s departure from the witness stand, the prosecution case was completed. After a brief recess for the midday meal, it would be time for the Defense to begin to present. Although Johnny and his supporters were amazed by the turn of events, there was little time to discuss Harlan Garrett’s testimony. Murdoch Lancer, who had yet to speak privately with his former father-in-law, did strongly express his distrust of the elderly Bostonian and wondered aloud exactly what the man had hoped to gain by voicing doubt as to Johnny’s guilt. Jelly shared the Boss’s concern about Garrett’s stated intention to see to it that whoever had attacked Scott would be apprehended and punished. Both men were convinced that, in the end, Garrett’s apparent good will would not bode well for Johnny. Attorneys Reed and Barkley simply stated that they viewed the man’s testimony as helpful to their client’s case and proceded to outline their strategy for the afternoon.
Once court was again in session, Nicholas Reed followed his habitual strategy of beginning slowly, his goal to slowly but surely chip away at the prosecution’s case. Reed’s assessment was that typically the jurors, after days of listening to prosecution witnesses, were convinced of the Defendant’s guilt, and prepared to resent any attempt to change their minds. Once they had formed an opinion, jurors could be a stubborn lot; the experienced defense attorney therefore intended to first undermine the evidence by raising a few questions in the minds of the panel members, to weaken the foundation before launching a full-scale attack.
Dressed for court in a white shirt and brown leather vest, Young Walt Johnson_was the first witness called. Reed’s purpose in calling the ranch hand to testify was to counter two points in the prosecution’s case. He hoped to cancel Andy Stovall’s recollection of the conversation between the Lancer brothers as hostile by having Walt share his differing perspective. In response to the prosecution's assertions that Johnny Lancer had harbored animosity towards his brother, young Walt would be able to describe Johnny’s participation in the search for Scott’s body.
Walt’s account of the previously mentioned discussion matched Stovall’s as far as the content: Johnny had asked Scott if he had a will and then had inquired as to what the older man was going to leave him. When Scott Lancer pointed out that his brother could not inherit anything unless something fatal happened to him, Johnny had commented that he only needed to stop looking out for his sibling. In reply, Scott had then informed Andy and Walt that they were “witnesses”, should anything unexpected occur. But the defense witness's impression of the overall tone of the conversation was distinctly different from Stovall’s---Walt stated clearly that he believed that the brothers had, in fact, been joking. This point being made, Reed then proceeded to question the
young man about Johnny Lancer’s role in the search efforts along Grand Creek.
Taking his turn, prosecuting attorney Webster quickly made his own point: that both Walt and his father were Lancer hands and that each of them held Murdoch Lancer in high esteem-- the implication being that the witness was providing testimony that would be pleasing to his employer. Not that Marcus Webster said as much
directly, being fully aware that Nicholas Reed would be ready to object. Unable to shake the dark haired young man’s conviction that the exchange between the brothers had not been serious, the prosecutor nevertheless forced Walt to admit that he had not actually spent much time in company with Murdoch Lancer’s two sons and therefore had not had much opportunity to observe the interactions between them. Satisfied that he had cast doubt upon the Lancer hand's qualifications to judge the brothers’ meanings, Webster moved on.
Where Reed had allowed Walt to describe in some detail Johnny Lancer’s determination to find his brother, and his obvious concern for his older sibling, the prosecutor attempted to discount that information. When Walt repeated that Johnny had been very reluctant to turn back after a long day and many miles of searching, Webster seized upon that statement.
“But he did turn back?” he asked, in an arch tone.
“Well, yeah, but so did the rest of us.”
“The rest of you were not looking for your allegedly beloved only brother,” was Webster’s smooth rejoinder. “No further questions.”
Nicholas Reed made sure that Walt repeated for the jury his opinion that the Lancer brothers had been engaging in friendly banter about Scott's will as well as his view that during the search along Grand Creek, Johnny Lancer had been driven by his intense worry about Scott’s fate. Finally, the young ranch hand was excused from the stand, feeling quite relieved that the prosecution had not asked him about the time that he had been shot by Sam Stryker; the time that he had taken a bullet intended for Johnny Madrid Lancer.
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As the first female to take the stand, there was no question that the next morning, Teresa O’Brien was the center of attention in Judge Blackwell’s courtroom. Bolstered by her determination to do her utmost to help defend Johnny, the raven haired young woman was much less outwardly nervous than several of the men who had occupied the chair previously.
Nicholas Reed wasted little time in preliminaries; after making sure that Miss O’Brien’s position in the Lancer household had been made clear to the jurymen, he proceeded to ask Murdoch Lancer’s young ward a series of questions about the relationship between the two Lancer sons. Teresa confidently described the brotherly affection shared by the men, described how close they had become over the past two years and explained that they seldom argued.
Pleased with her responses, Reed then moved onto the attack. “Miss O’Brien, what was your observation of the relationship between Scott Lancer and William Hayford?”
Teresa’s expression became troubled. “Mr. Hayford said that he had known Scott for a very long time, since they were children. But he also said that he hated him.”
“Really?” asked Reed, in feigned surprise. “Did he say why?”
“Yes, it was because Scott came back from the War . . uninjured.”
“Was there anything else?”
“They were talking and Mr. Hayford mentioned that after the War he had started drinking and that Scott . . . that Scott wouldn’t let him get drunk, that’s what he said.”
“So it sounded to you as if Mr. Hayford had a good deal of resentment towards Scott Lancer?”
“Yes, yes, it did. Because he had been hurt so badly. And because his own brother was killed in the War.”
Teresa momentarily faltered here, but clung to the instructions she had received--to keep her eyes on Nicholas Reed's face. She was very much aware of Will Hayford's presence in the courtroom; the man with the distinctive eye patch was seated in the front row behind the prosecutor's table, next to Scott's grandfather and cousin. She felt that he was regarding her intently, but resisted the urge to glare at the man, to check his reaction to her testimony.
“Interesting that Mr. Hayford testified that he and Scott Lancer had been 'like brothers'," Reed mused. Miss O'Brien, in your observation, what was Mr. Hayford’s attitude towards Scott’s brother Johnny Lancer?”
“Oh, he didn't seem to like him at all. He accused Johnny right away. But Johnny wouldn’t ever hurt Scott, I just know he wouldn’t!”
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As he slowly rose from his seat, the tall prosecutor regarded Teresa appraisingly. He paced towards the witness stand, pausing halfway, directly in front of the jury. Folding his arms across his chest, Marcus Webster posed his first question in a deliberately challenging tone. “Miss O’Brien, was the relationship between the Lancer brothers * always* as good as you * say* that it has been?” When the girl did not immediately reply, the attorney sternly reminded her that she was under oath.
“Well .. not at first . . . not when they first met, but that was just because they didn’t know each other yet, and they were so different from each other . ..” Teresa’s voice trailed off and she looked guiltily at Nicholas Reed. The defense attorney had warned her to answer Webster’s questions briefly, with a simple "yes" or "no" if possible, and here she was rattling along.
“You told Mr. Reed that the Lancer brothers ‘seldom argued’. When they did argue, what sorts of things did they disagree about?”
Again, Teresa hesitated. Webster quickly backtracked. “Miss O’Brien, have you ever witnessed an argument between the Defendant and Scott Lancer?”
“Ye-es”.
“Would you please describe for us a specific argument that you remember?”
Teresa thought immediately of that first day, down at the river, after Scott had been attacked by some of Pardee’s men in town, and Johnny hadn’t helped him. When Johnny had shown up, he’d made a few comments to Scott and then Scott had hit him, sending newly met brother rolling down the slope towards the water. Under the circumstances, Teresa hadn’t blamed Scott one bit, but now she considered that the story wouldn’t show either of the young men in a positive light and wouldn’t help defend Johnny. When Webster prodded her once more, the young woman managed a rather jumbled account of the incident.
“Did Scott Lancer take it upon himself to try to make amends to his brother?”
“Ye-es.”
“What did he say, Miss O’Brien?”
“That they should be able to get along, since they . . .came to Lancer. . . for the same reason.”
Noting the hint of dismay in the young woman’s voice, and trusting his instincts, Marcus Webster risked asking the follow up question: “And how did the Defendant respond?”
Teresa bowed her head and closed her eyes.
"Remember that you are under oath," he said softly. Under the intent scrutiny of the jury members, Teresa regarded Webster with a pained look in her eyes. “Johnny took a twenty dollar gold piece out of his pocket and said that was why he had come. But he didn’t mean it, not really, you see he thought that .. . ..”
Webster cut her off. “So he said that he was there for money.” Teresa just stared at him, a miserable expression on her face.
“Now, Miss O’Brien, as to this conversation that you overheard, the one in which Captain Hayford allegedly said that he ’hated’ Scott Lancer, did you understand that the men were talking about present events or something from their past?”
“They were talking about the past, right after the War.”
“I see,” said Webster carefully, his eyes sweeping over the faces of the jurors. “And how did Scott Lancer react to Captain Hayford’s statement that he had ‘hated’ him at some time in the past? Did he seem surprised?”
“No.”
“Did Scott Lancer seem angry?”
“No.”
“So this statement by his old friend was not upsetting news to Scott Lancer?”
“No, . . . I guess . . not.”
“It would appear then, that these two men, these two old friends, had long since settled their differences. . . Tell me, Miss O’Brien, did you also have occasion to overhear a conversation between Captain Hayford and Murdoch and Johnny Lancer?
“Yes.”
And did you later talk with Captain Hayford about Scott Lancer, In which he told you some things about their childhood together?"
“Yes.”
“Based upon those conversations, Miss O’Brien, would you say that Captain Hayford knew Scott Lancer very well? That he knew things about Scott Lancer that his father, his brother and you yourself did not know?”
Teresa had been looking directly at Webster as she gave her affirmative answers, but now she glanced uncomfortably away. Reluctantly, she responded. “It did seem as if he knew him very well, yes.”
"So it appeared to you that Scott Lancer had confided some things to his friend Will Hayford, things that he had not shared with his new family?"
"Well, not yet," was Teresa's insistent response.
"Answer the question 'yes' or 'no' please, Miss O'Brien."
Teresa's "Yes" was accompanied by a fierce look directed at Attorney Webster.
At the defense table, Johnny listened to his surrogate sister with a heavy heart. He was well aware that some of her responses were not helping his case, and suspected that Teresa realized that as well. Johnny had tried to support her as best he could with a sympathetic gaze, but so far the young woman had kept her eyes trained upon her interrogator, Reed or Webster, giving Johnny only a view of her delicate profile. Now, listening to Teresa tell the court how well Will Hayford had known his brother, Johnny stared across the courtroom at the man. Hayford was watching Teresa intently, while beside him, Harlan Garrett sat with bowed head.
As he stared at Will Hayford, Johnny recalled that the one-eyed man had known the name of that guard at Libby, the one that Chad reminded Scott of; and that Scott had confided in Hayford about the Gatling gun. The stark, painful truth was that evidently Scott and Will Hayford had been like brothers, closer than he and Scott had been after their all too brief two-year acquaintance. The full force of his loss hit him again, and Johnny found himself once more staring fixedly at the tabletop in front of him. He swallowed hard and closed his eyes, but he could still see the pattern of the grain of the wood, every nick and scratch in the well-memorized surface. . . .
Meanwhile, Marcus Webster continued to question Teresa. As with Jelly, Webster’s questions steered the young woman into acknowledging that Johnny Lancer did have a bit of a temper. But when she was forced to admit that the Lancer brothers had not been getting along well just prior to Scott's disappearance, she added in a rush that "Scott told me that he was going to try to set things straight with Johnny when he met him at the Creek."
"I'm sure that Scott Lancer intended to do just that Miss O'Brien," Webster intoned solemnly. "It's too bad that he never got that chance, too bad that the Defendant had other ideas." He shook his head sadly. "No further questions, your Honor."
Near tears as she thought about what had happened to Scott and stricken to think that she had helped the prosecutor in making points against Johnny, Teresa tried desperately to compose herself as Nicholas Reed approached once more. The defense attorney attempted to give the young woman the opportunity to reiterate her conviction that the brothers cared deeply for each other and also to describe examples of Johnny Lancer's gentle, caring nature, but it was a struggle for the now emotional young woman. Sensitive to the growing discomfort of the jury members, Reed wisely brought Teresa O'Brien's testimony to a close.
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Chad Lancer approached the witness chair and was sworn in. The defense attorney led his third witness through some preliminary questions, such as his distant, convoluted relationship to Murdoch, Scott and Johnny Lancer, some aspects of their past history and how long he had lived at the ranch.
"Chad," Reed continued, "Tell us about your first meeting with Johnny Lancer."
"Well, I was playin my music in a saloon with my sista an' some folks started fixen on hurting me an' Johnny, waal he shot one of em."
"Did he kill him?"
"Oh, no. He jist shot his gun out of his hand," Chad replied.
“But Johnny rescued you and your sister from the men who were threatening you?”
“Yes, suh.”
"Now Chad, you and Johnny are very good friends aren't you?" Reed asked, standing next to the witness stand with one hand resting on the rail.
"Uh, waal....yes, suh," Chad replied nervously. "Johnny and I are reel close."
"Would you say that you two talk about things quite a bit?"
"Yeah, we talk bout lotsa stuff," Chad answered, looking at the spectators and back to Reed.
"Did Johnny ever tell you that he wished his brother would leave, or that he intended him any bodily harm?"
"No, suh."
“Did he ever talk about the money he would inherit from Scott lancer if anything were to happen to his brother?”
“No, suh. He never wanted ta talk ‘bout that a’tall.”
“Do you believe Johnny murdered his brother?" Reed asked him.
"Waal . . . he had no call to do it," Chad replied evasively. "I mean I reckon Johnny would nevah kill nobody, less’n he had himself a reel good reason.”
Less than pleased with this response, Reed elected to change the subject. "Chad, after Scott Lancer disappeared, did Johnny spend much time looking for him?" Webster asked.
"He shore did, "Chad responded nodding his head. "He went out every day til the sheriff arrested ‘im fer killin' Scott."
"Did he tell you that he missed his brother?"
"Waal, I magine he shore does, but he nevah wanted ta talk bout it," Chad drawled. "he still don’t, cause when I try ta talk ta him he jist don't say nuthin."
"Thank you, Chad," the defense attorney said, “no further questions."
Marcus Webster approached the witness stand, stopping a few feet from Chad. "Mr. Lancer, you claim that the Defendant hasn't said one word to you about Scott Lancer since he disappeared?" the prosecutor asked incredulously. "He hasn’t said that he misses him, that he wondered what happened? Nothing?"
"Nah, and I didn't ask him nuthin’ cause I was afeared I'd upset him agin."
"Were you afraid of his temper, that he might try to harm you?" Webster shot back.
"That's not what---" Chad replied vehemently.
Webster cut him off. “Mr. Lancer, it has come up in testimony that you and Johnny Lancer were recently involved in a fight in a local saloon. Is it commonplace for Johnny to get into that type of altercation?"
"Waal, no. Most people wouldn’t wanta be startin’ anythin’ with Johnny. . . . and he...he wouldn't nary of hit him iffn that man hadn't insulted his mama." Chad glanced at Johnny apologetically.
“Most people wouldn’t want to ‘start anything’ with him because of his reputation?”
“Waal, ‘course. Everybody round these parts’s heerd of Johnny . . ..” Chad’s voice trailed off uncomfortably, while Webster nodded and looked significantly at the jury.
"Now, we’ve also heard about the defendant’s temper and arguments which he had with his brother. Prior to Scott Lancer’s disappearance, Mr. Lancer, did the brothers seem to be arguing a great deal?" Webster asked, changing the subject.
"Waal, I don't recall bein' present to any fightin'."
“Did the Defendant ever mention his brother’s will to you?”
“No, suh. Laike I a’ready said, he nevah wanted ta talk ‘bout that. Leastways, not with me.”
“What about money matters, Mr. Lancer? Did the Defendant ever discuss his financial status with you?”
Chad looked puzzled by that question, and seemed to think long and hard before answering. “He did say a coupla times that he was goin’ ta hafta ask his daddy for an advance on his wages. Whenever we’d go inta town, it was always Scott that’d be buyin’ the beers, cause, Johnny nevah had any money.”
”But Scott Lancer did. Did the Defendant have any other reason to resent his brother?" Webster asked, moving to the table, and then turning to face Chad as he accepted some papers from his associate.
"Johnny....well...we was tird of Scott always actin so . . . see, Scott he was collige edjucated, and it warn’t like he was uppity or nothin’. But sometimes me ‘n Johnny didn't laike the way he always seemed ta be ta folks with no book learnin."
"I see. Did this make the Defendant angry?" the prosecutor asked.
"Well, yeah, kinda," Chad replied. "I mean not like he'd a hurt Scott or nothin. We jist didn't laike the way Scott was always takin’ charge, tellin us what ta do. Thought he was the boss or somethin".
"What did the Defendant say in regards to his brother acting in this manner?"
"I don't rightly recall," Chad's forehead creased in concentration. "I believe he said somethin' bout talkin’ ta him ta straighten ‘im out mebbe."
"Apparently he decided to do more than just talk . . . .Thank you, Mr. Lancer," Webster commented quietly. "No further questions."
Nicholas Reed approached his witness, stood next to the witness stand and attempted to undo some of the damage.
"Chad," Reed began. "Have you ever been afraid that Johnny Lancer would hurt you?”
"Ah....no," Chad replied nervously. "Johnny is....my frien’." He glanced nervously at Johnny, then back at Reed. The defense attorney meticulously took the young Kentuckian through a series of questions designed to show that Johnny Lancer was a caring, supportive, brother and cousin.
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After court had adjourned for the day and everyone had left the courtroom, both of the defense attorneys, Murdoch and Johnny met once more in the small conference room.
"I want to testify," Murdoch began insistently.
"I can't let you do that," Reed replied, shaking his head. "You have only known your sons for two years. The prosecution would attack any testimony to their personal characters based on that short acquaintance."
"But....." Murdoch protested.
"Murdoch," Jarrod agreed quietly. "Putting you on the stand would not help Johnny at all. First of all they would discount your testimony based on personal bias. He is your son."
"I'm also Scott's father," Murdoch replied angrily. "And I would not be willing to defend Johnny if I thought for one moment that he killed his brother."
"All right. And what if they start asking you questions about Scott?" Jarrod asked, looking Murdoch Lancer directly in the eyes. Since Murdoch was a long-time friend of Jarrod’s parents, he knew something of the Scotsman’s family history. "What if he want to know why you left Scott in Boston all those years? Why you spent so much time and money looking for Johnny?” As Murdoch started to offer a heated response, Jarrod held up both hands to stop him. “I’m not asking those questions, I’m only saying that Webster might. Webster is capable of insinuating that you favored Johnny, and did not care about your older son--- and you could end up losing your temper and saying something that could be misinterpreted, something that could damage our case."
"I just want to help Johnny!" Murdoch responded in frustration.
"We know you do," Jarrod replied. "But you know too much. Webster would ask you questions about the Pinkerton reports you have at home, details of Johnny’s career as a gunfighter.”
“And it’s not all about Johnny’s past,” Nicholas Reed added. “You also have first hand knowledge of the shooting from both of your sons; so far we’ve been able to keep those details away from the jury, it has been inadmissible as hearsay, but from you, that information will be allowed. Regardless of the circumstances, the fact is that Johnny shot Scott. That isn’t going to look good to the jurors.”
Jarrod picked up the thread. “They could ask you about the Foleys," he said, pausing to look at his notes. "Or the McGloins and the Cassidys, making Scott look once more like the trusting fool."
"My son was not a trusting fool!" Murdoch declared loudly.
"We know that," Reed said quietly. "But frankly Mr. Lancer, you would be more likely to be a liability to Johnny, not an asset. You know things that the prosecution could use against him in court."
"It's just so damn frustrating!"
"I know, Murdoch." Jarrod said sympathetically. "But there is no way in good conscience that we could allow you to take the stand. Not and expect to get Johnny acquitted."
"All right, all right," Murdoch said, resigned to the fact he couldn't testify.
Throughout this exchange, Johnny had been leaning against the wall with his arms crossed, listening and watching his father and the two attorneys. “Hey,” he said softly. “It means somethin’ ta me that you’re willin’, Murdoch.” The big man looked at him, and after a brief struggle to keep his emotions in check, nodded his understanding.
"Okay, let's discuss our next strategy," Reed began, but Johnny interrupted him.
"I want to testify," Johnny stated quietly.
"Absolutely not!" Reed was adamant.
"Look," Johnny said firmly." Those jurors are lookin' at me an' I know what they’re thinkin'.” He paused, looking down, then back up at his attorneys. "They think I'm a killer, they know that I killed a lot of people in my life and they’re sure that I just did it again."
"You don't understand, Johnny," Jarrod said firmly. "The reasons why Murdoch shouldn’t testify apply doubly to you. The prosecution will be able to ask you about all those things we just mentioned, including the shooting, the disagreements you'd been having with Scott. No matter how carefully and truthfully you answer, Webster will be able to twist your words. You’ve already seen him do it!”
“Johnny,” Nicholas Reed added. “They will try in every way they can to get you to say negative things about your brother."
"Ain't no way they'll get me to do that," Johnny replied.
The dignified, white-haired defense attorney shook his head. "What if they ask you if he was too bossy?" Reed demanded. "Or if you thought he was too educated, believed that he thought he knew everything, talked down to you?"
“Scott wasn’t like that!” Johnny replied angrily.
Both Reed and Barkley regarded him solemnly. Reed tried to explain. “Johnny, if you get angry and defend your brother, Webster will use that against you, as evidence of your temper, your inability to control it. If you don’t defend him, it will be portrayed as proof that you didn’t care about him. I’m afraid you won’t be able to win, not against Webster.”
"The evidence is circumstantial, Johnny," Jarrod pointed out. "There isn't even any definite proof of Scott being dead without a body, and further, no real proof that he was injured. You have to trust that the jury will see that there is a reason for doubt . . . .."
"Enough!" Johnny stood up, angrily. "I'm testifying, with or without your help. I told you—I see the way they’re lookin’ at me. They think I killed my brother.......... my best friend." He choked, looked away for a moment and then back at Reed, staring straight into his eyes. "You’re askin’ a lot if you’re askin’ me ta trust those men sittin’ there. Now I know the two of you have done your best, and I appreciate it. But if there’s a chance I'm gonna end up in prison or hangin' from a noose I want to at least have had my say. I need to. I want them jurors, and everyone else ta hear from me that I didn't kill Scott."
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CHAPTER 15
Jelly and Chad spent the evening visiting with Johnny at the jail while Murdoch and Teresa joined the Garretts, Harlan and Wade, for dinner at their hotel. Scott Lancer’s father and grandfather solemnly, wordlessly shook hands and then took their seats.
Wade Garrett assisted Teresa with her chair and then extended his hand to Murdoch Lancer. “Mr. Lancer, I’m Wade Garrett. I . .I’m very sorry for your loss.”
Murdoch Lancer looked up and nodded at the short, stocky, bearded young man and then accepted the proffered handshake. Inclining his head towards Teresa, he introduced the young woman; “This is my ward, Teresa O’Brien.”
“Miss O’Brien,” the younger Garrett murmured politely, then took his seat opposite her.
Harlan Garrett looked across the table at his former son-in-law. “Have they found him, yet, Murdoch? Have they found Scotty?”
Murdoch shook his head. “I haven’t had any word, Harlan.”
Conversation throughout the meal was sparse. No one at the table was especially eager to talk about Scott’s death, or Johnny’s ongoing trial. Wade Garrett valiantly attempted to initiate discussions about life on a ranch, the attractions offered by city of Sacramento, the train trip across country which he had made with the senior Garrett, but received only halfhearted responses from his dinner companions. When Wade made a reference to “Uncle Harlan”, Murdoch did pose a question about the actual relationship between the two.
“Wade is my late cousin Walter’s son,” the elderly man explained. “Given the differences in our ages, ‘uncle’ seemed an appropriate form of address. Wade has been in my employ for quite some time, even before . . . Scotty . . .left to come to California. The two of them worked together . . . for a while..”
At the mention of Scott’s name, Wade Garrett nodded solemnly. “I can’t say that Scott and I were close friends, Mr. Lancer, but he was a fine man and Uncle Harlan had every reason to be proud of him.”
Silence followed this statement. It was not until they began to take their leave that Murdoch finally attempted to express his appreciation to his older son’s grandfather for the testimony that he had given in court, testimony that had seemed supportive of Johnny. Harlan Garrett waved his hand, as if to ward off the tall rancher’s thanks. “What I said in court, Murdoch, was the truth, as I believe it to be.” The Boston businessman accepted his hat from Wade and then looked up at Murdoch Lancer. “I did mean what I said, Murdoch, that I intend to see whoever . .did this . .pay. No matter who it is.”
“It wasn’t Johnny! He would never hurt Scott!” Teresa said insistently.
Scott’s grandfather turned towards the dark haired young woman. “I hope not, Miss O’Brien,” he said in a serious tone, “I sincerely hope not.”
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The next day was to be a short one, as Timothy Blackwell had other cases to be adjudicated in the afternoon. Defense attorneys Reed and Barkley alternated in presenting a series of ‘character witnesses’, people who could testify to Johnny’s many positive attributes. The two lawyers, who wished to insure that these witnesses would not be able to verify details of their client’s gun fighting past, had carefully vetted these individuals. Family friend Dr. Sam Jenkins had been eager to testify in Johnny’s behalf, but had been scratched from the list due to his extensive knowledge of various bullet wounds and other injuries sustained by the Lancer brothers. Sheriff Val Crawford had also been removed, due to his indepth knowledge of Johnny’s gun fighting abilities; Reed also had reservations as to how Crawford would come across to the members of the jury. Cognizant of the poor impression that the horse wrangler had made upon his initial appearance in court, the defense attorney was also reluctant to recall Jelly Hoskins to the stand as a defense witness.
Those who did testify: Pony Alice’s guardian, Miss Florida, school teachers Catha and Ben Cameron, and missionary Laura Thompson-- each had a tale to tell about Johnny Lancer’s giving, caring nature. Nonetheless, prosecutor Marcus Webster was able to negate much of the testimony by succinctly pointing out that none of the witnesses had known Johnny very long, none of them had ever known him as “Johnny Madrid” and that none of them had witnessed any interactions at all between Johnny Lancer and his late brother. And, in the case of the female witnesses, Webster was also successful in very subtly suggesting that their testimony could be biased in favor of Johnny due to a particular “affection” that they might possibly feel for him.
Gathered around the table in the small conference room once more, the members of the defense team were each aware that, despite the best efforts of people who sincerely admired and believed in the young man, the morning had not been terribly productive in supporting Johnny’s case. Nicholas Reed once more braced himself to face down the renewed insistence upon testifying that he expected from his client. He was not disappointed.
“You’re gonna have ta let me have my say,” his client announced matter-of-factly to Reed before the door to the tiny room was even fully closed. To Reed’s chagrin, he could see from the expressions on Murdoch Lancer and Jarrod Barkley’s faces, that today, they were more sympathetic to Johnny’s view than they had been even the day before.
Standing with his hands resting on the back of a chair, the experienced defense lawyer patiently explained once again the myriad reasons why it would be unwise for Johnny Madrid Lancer to take the stand. “Even if we rest our case now, there are still the closing arguments. I will have the final say, and I’m confident that I can raise enough questions in the minds of the jurors to create a reasonable doubt.”
Reed thumbed through a number of papers, his white head bent over the stack until he located the sheets for which he was searching; pages which contained notes for the summation which he had been preparing ever since the trial began. Taking a seat, he motioned for the other men to do likewise as he outlined his strategy. He reminded them once more that since his body had not yet been found, there was as yet no definitive proof that Scott Lancer was in fact dead. “At this late date, even if the body were to be found, it’s unlikely that anyone would be able to tell if he were struck or even shot,” Reed stated bluntly. “Which still allows the possibility that your brother simply slipped and fell.” Johnny stared darkly at Reed, a challenge in his eyes, daring the man to say something, anything about Scott maybe going willingly into that Creek. Wisely, Nicholas Reed did not.
“There is no clear motive; I would argue that a few disagreements between brothers and some questionable statements about your brother’s will are far from sufficient cause to commit murder. And yes,” Reed said, holding up a hand to ward off Johnny’s objection, “I know that Webster has emphasized that you have killed before, killed professionally. Johnny, we’ve looked into the backgrounds of some of the jurors; quite of a few of them came out West to start new businesses, new lives. I believe that at least a few of them will be able to appreciate the things that I plan to say about a man being entitled to put his past behind him in order to make a fresh start.”
“As to the evidence, I will point out that it is circumstantial, remind the jury members that you never denied being present at the damsite. Your principle accuser is William Hayford. Rather than attacking him directly, I will simply indicate the role which he has consistently played throughout and suggest to the jury that perhaps he has been . . .somewhat . . . overzealous . . . due to his desire to see someone punished for his good friend’s death.”
"I want to testify," Johnny insisted, still staring straight at Reed. "And those people want to hear....no, they need ta' hear somethin' from me."
Reed looked at Murdoch Lancer. The tall rancher sighed. “We’ve heard your advice, Mr. Reed. But in the end, it has to be Johnny’s decision.”
“Jarrod?” asked Reed, certain that his protégé, at least, would side with him.
"I have a tendency to agree with Johnny," Jarrod admitted reluctantly. "Some of those jurors are looking at him as if he is a cold-blooded killer. If he takes the stand and testifies, I believe they will be favorably impressed. At least they will be able to see that there is more to Johnny than what the prosecution is making him out to be."
"Fine," Reed sighed resignedly, mentally throwing his hands up in defeat. "But,” he said firmly, “Johnny, if you testify, it will be Jarrod who will do the questioning. I am not going to be a party to helping the prosecution with their case."
"That's okay with me," Johnny replied evenly.
"Nicholas, I will count on you to advise me," Jarrod commented quietly, secretly very much relieved at the slight nod of Reed's head. The senior defense attorney riffled through his stack of paperwork once more, located and then handed a sheaf of papers to his co-counsel. Jarrod glanced at the top page and smiled, slapped the pages against his open hand, shaking his head in appreciation of the thoroughness of Reed’s preparations.
"Get ready for a very long afternoon," Jarrod warned Johnny.
"What's all that?" Johnny asked, pointing to the papers in young Barkley's hand.
"It's a list of questions I’ll want to ask you and others that you’re bound to be asked by the prosecution," Jarrod explained patiently. "We're going to go over these questions until I'm satisfied that you know exactly what to expect. We don’t want your responses to sound rehearsed, but we need to have some idea of the answers you’ll be likely to give." He turned to Murdoch. "You might want to ask the guard if we can have some cups and a pot of coffee sent in here." Murdoch nodded, heading for the door. Jarrod, sitting on the edge of the table, started with a list of do’s and don’ts, carefully explaining to Johnny what he should and should not say and then suggesting how he might say it.
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