Andy Stovall was the next witness for the prosecution. After he had been sworn in, Marcus Webster asked the young man a few questions about his brief period of employment at the Lancer Ranch. Throughout these preliminaries, the prosecutor addressed the red-faced and obviously nervous young ranch hand in a reassuring tone.
Stepping away from the witness stand and closer to the jury box, the experienced prosecutor introduced a topic that he believed to be central to his case. “Now, Mr. Stovall, I understand that you had the opportunity to overhear a conversation between Mr. Scott Lancer and the Defendant, a conversation that involved Scott Lancer’s will?”
“Ah….y y yyes, sir,” Andy stammered. “We were eatin’ lunch out at the pasture where we were buildin’ a new fence line and Johnny up and asked ‘im if he had a will.”
“Andy, to the best of your recollection, what were the Defendant’s exact words?”
“He said ta him, ‘have you got a will, Boston?’, I remembered that he didn’t call ‘im by his real name. Then he told him he might be needin’ one some day."
“The Defendant said that? Did that sound like a threat to you, Andy?”
Andy Stovall hesitated a long moment. “Well, Mr. Lancer—Scott—he didn’t seem too bothered by it, but it sure didn’t sound too friendly to me.”
“What was Scott Lancer’s response?” Webster inquired.
“He just said that he was havin’ a will made.”
“How did the Defendant respond to that information?”
“He wanted ta know how much Scott was leavin’ him. Scott told ‘im there was a lot of money.”
“Did the Defendant say anything else?”
The dark haired young ranch hand slid a sideways glance in the direction of the defense table. Webster quickly stepped into Stovall’s line of vision. “Let me remind you, Mr. Stovall, that you are under oath to answer truthfully to the best of your recollection.”
Andy took a deep breath and slowly expelled it, then hurried through his answer. “Johnny, he wanted ta know if it meant he’d never have to work again, an’ Mr. Lancer, that’s Scott, he said that the only problem was he’d have ta be dead fer Johnny ta get any of it.”
“What was the Defendant’s reply?”
“Well, he said he was gonna stop keepin Mr. Lan---Scott out of trouble. And then Scott turned to me and Walt and told us to remember that. He told us we was witnesses. That’s what he said, that we was witnesses.”
At this revelation, there was a murmur in the courtroom, quickly silenced as Judge Blackwell glared down at the spectators.
“Thank you, Andy.” Marcus Webster walked over to the prosecution table, leaning over and speaking to his legal associate in low tones, providing the jury with an opportunity to absorb this information. Then he turned back to the witness.
“Andy, I understand you overheard an argument between Scott Lancer and the Defendant on the day prior to Scott Lancer’s disappearance?”
“Yyyes, sir.”
“Please tell the court what you heard.”
The dark haired young man sighed again. “Well, Johnny was mad cause he said Mr. Lancer---Scott--- was takin’ charge of things, over ridin’ his orders. They started ta’ argue.” Andy paused, nervously looking at the courtroom filled with people listening attentively to him. “Then, Scott, he sent me to off to the barn. I could hear ‘em talkin’, real angry like, but I weren’t payin close attention til……”
“Until what?” the prosecutor prodded him.
“Johnny—the Defendant that is---grabbed Mr. Lancer by the arm. I saw that but I couldn’t make out what they was sayin’ though. Then Scott, he kinda shook him off and started ta walk away.”
“And what did the Defendant do then, Andy?”
“He stood there an’ he said, kinda loud, he said, ‘They ain’t never shot ya, like I did.’ I remember it clear as a bell cause it sure enough surprised the he--heck outta me.”
“What did you take that statement to mean, Andy?”
“I weren’t sure, but some of the other hands, I think it was Manuel and his brother Jorge, they told me later that . . .
“Objection!” announced Nicholas Reed. “This is hearsay.”
“Sustained.” Judge Blackwell turned to the witness. “You may only testify to events of which you have direct knowledge, not to things that someone else has told you about.”
Webster approached his witness once more. “Was that the end of the argument, Andy? Did the Defendant say anything else to Mr. Lancer?”
“Yeah, he said that he guessed that Scott thought he could take care of himself cause he was turning his back on him. On Johnny, that is.”
“What did you take that statement to mean, Andy?”
“Well, I took it ta mean that he was sayin’ that Mr. Lancer oughta watch his back.”
“Thank you, Andy,” Webster said with a smile. The prosecutor addressed the judge: No further questions, your Honor.”
Jarrod Barkley rose to conduct the cross examination of Andy Stovall. One hand in his pocket, the other idly fingering his string tie, the Stockton attorney addressed the young ranch hand from a position near the jury box. “Mr. Stovall, you’ve only been working for the Lancers for a short time, is that correct?”
“Yessir, that’s right.”
“So, it would be fair to say that you don’t really know the Lancer brothers very well, now do you?”
“No, I guess not.”
“But you had probably heard some things about Johnny Lancer’s past, that he used to be a gunfighter?”
“Yeah, sure, I’d heard that.”
“Now, Mr. Stovall, what was your opinion of Scott Lancer?”
Andy considered this question for a moment. “I dunno know what you mean, he seemed like he knew what he was doin’. The other men said---.” Jarrod held up his hand. “Mr. Stovall, I asked you for your assessment. “Did you like Scott Lancer, was he easy to get along with?”
“Well, sure, I guess so . . . yeah.”
“But, Johnny Lancer, because of what you’d heard about his past, were you perhaps a bit more . .leery . .of him?” At the defense table, Nicholas Reed noted with mild surprise that Marcus Webster did not object to Jarrod’s somewhat leading question.
“I guess, maybe.”
“Maybe? Is that a yes or a no, Mr. Stovall? Were you a little bit uncomfortable around Johnny Lancer?”
“Yeah, sure I was.”
Jarrod paused for a moment, staring at the floor as he formulated his next question. “Mr. Stovall, you had only worked for the Lancers for a short time, you admit that you didn’t know the Lancer brothers very well. You acknowledge that you liked Scott Lancer and felt a bit uncomfortable around Johnny Lancer. Mr. Stovall, is it possible that the remarks which you viewed as threats were in fact joking comments between the brothers?” Marcus Webster rose to his full height. “Your Honor, Mr. Barkley is making a speech and leading the witness.”
Judge Blackwell gave Jarrod a baleful look. “Get to the point, Mr. Barkley.”
“I’m sorry, your Honor.” Turning his attention to Andy Stovall once more, Jarrod rephrased his question. “Andy, is it possible that you could have misinterpreted the conversations that you over heard?”
“Sure, it’s possible,” was Andy Stovall’s grudging response.
Jarrod Barkley stepped over to the defense table and picked up his page of notes. “Mr. Stovall, you said that Scott Lancer ‘didn’t seem too bothered’ by his brother’s comments about having a will. If Johnny had in fact been threatening him, rather than merely joking between two brothers, wouldn’t you have expected Scott to have been a bit ‘bothered’?”
Andy Stovall shook his head. “Scott, he didn’t act scared or nothin’, but it sure sounded like a threat ta me,“ he insisted stubbornly.
Jarrod looked over at Nicholas Reed. His mentor nodded slightly; their grave concerns about this witness’s testimony had come to pass. Jarrod addressed the Judge. “No further questions, your Honor.”
On redirect, Marcus Webster efficiently took Andy Stovall through the key portions of his testimony, making sure that the gentlemen of the jury understood that the Defendant had reason to expect to inherit a considerable sum of money from Scott Lancer’s will, and that if the conversation between the brothers had contained a note of dark humor, there had been a threatening undertone as well. The prosecutor also made certain that the jurors realized that the Lancers’ quarrel had taken place on the day prior to Scott Lancer’s disappearance and that the argument had included a threatening statement by the Defendant as well as a reference to his having shot his brother at some time in the past.
Once Andy Stovall was excused from the stand, the stocky young man hurried from the courtroom. Marcus Webster calmly called his next witness: Mr. William Hayford.
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CHAPTER 12
Will Hayford slowly walked across the floor to the witness stand. He was wearing a light brown suit, with the right sleeve of his jacket pinned to the shoulder. The bailiff swore him in; Will raised his left hand to take the oath. As he settled into the witness chair, the attention of everyone in the courtroom was focused upon the man with the eye patch.
As with the previous witnesses, the prosecutor began his questioning by posing basic inquiries; Hayford’s occupation was one topic. It was established that he was an attorney, originally from Boston, currently a member of the firm of Wetherby and Franklin, in Sacramento. At this information, there was a murmured response from the crowd of spectators that had gathered to observe the proceedings. Weatherby and Franklin was considered a very prestigious firm in the city, with a reputation for rarely losing a case.
Marcus Webster continued his examination of the witness by inquiring about his military service record. Will Hayford modestly stated that he was a former U.S. army infantry captain.
“Captain Hayford, you received your injuries on the battlefield, is that true?”
“Yes, at Gettysburg.”
“And is it also true that you were recognized with a medal for your bravery in that conflict?”
“It’s true that I was awarded several medals, but I don’t consider myself to be a hero, Mr. Webster. Just a soldier, defending his country.”
Webster nodded in approval at the sincerity evident in Hayford’s reply and then looked significantly at the gentlemen on the jury. The attorney for the state next proceeded to question Hayford about his educational background. The witness confirmed that he was a graduate of Harvard College.
In his next series of questions, the prosecutor asked the witness to describe his relationship with Scott Lancer. For the most part, Will spoke with confident familiarity of his friend, although at times his voice cracked with emotions that he tried in vain to hold back. He confirmed that they had known each other since childhood and that he had considered Scott to be like a younger brother. The young attorney described his long-time friend as an intelligent, honest, loyal, and generous man. Hayford also cited several acts of bravery for which Lieutenant Scott Lancer had been recognized while serving in the Union cavalry. As he responded to the prosecutor’s inquiries, Hayford directed his remarks alternately towards the jury members and towards Webster himself.
On his side, Nicholas Reed scribbled notes in a somewhat frustrated manner. The defense had already stipulated to Scott Lancer’s “sterling qualities”; the character of the alleged victim was not in question. The experienced attorney was well aware, however, that juries were simply more eager to find a defendant—any defendant--- guilty if they believed that the victim was a “good” man, one particularly deserving of Justice. If Scott Lancer could be presented as a candidate for sainthood, then it would be just that much easier for the prosecution to portray as the epitome of evil anyone accused of having harmed him. Continuing with his “Cain and Abel theme”, it was clear that Marcus Webster wished the jurors to accept the late Scott Lancer as “the good Lancer brother” and Johnny as “the bad seed.” Reed knew that if he objected to any part of the witness’s detailed description of Scott Lancer or to the prosecutor’s drawn out exploration of the long standing friendship between the two men, that it would be at the risk of having the jurors perceive his actions as disrespectful to either the missing man or to the humble war hero on the stand. Webster alternately addressed Hayford as either “Mister Hayford” or as “Captain”, even though the injured man clearly no longer held that military position—something else that Reed also prudently refrained from pointing out. It was apparent that Marcus Webster was very well aware of the fact that he had an intelligent, articulate, knowledgeable and sympathetic witness in Will Hayford, and the prosecutor was deliberately taking his time in questioning the man.
Eventually, the line of inquiry turned to the day that Scott Lancer had “tragically came up missing” and the search at the dam site. Webster painstakingly took Will Hayford through what the earlier witnesses had stated in regards to the evidence that had been found at the scene: Scott Lancer’s horse, his hat and canteen, the piece of silvered wood and the two sets of hoof prints.
"Mr. Hayford," the solemn faced prosecutor continued, one hand resting on the rail beside the witness. "The defense has intimated that you may have been . . .premature . . . in presuming that Scott Lancer ended up in Grand Creek as the result of a vicious attack. There has been speculation that Scott Lancer may simply have slipped and fallen into the water. Could you explain to the jury why you so quickly discounted this possibility?"
"In addition to the club-like piece of wood with the possible bloodstain on it, there were Scott’s own footprints. It appeared that he was standing in the sand, not on the slippery rocks. At least, that’s where his canteen was found," Will responded, turning his head to look directly at Murdoch Lancer, then back at the prosecutor.
"But do you agree that if he had tripped and fallen into the creek, then he would most likely have drowned?”
"No, I do not agree," Will answered confidently.
"Why not?"
Will addressed his reply to the members of the jury. “Scott was my height and very strong. He was also an excellent swimmer," the witness explained quietly. "We grew up near the ocean. Scott spent several summers up in Maine; he was quite experienced in the woods and around water."
The prosecuting attorney walked over to his table and got a drink of water, allowing the jury members time to contemplate this information. Webster asked his witness his next question from a considerable distance.
“Mr. Hayford, if Scott Lancer did not have an accident, then he was, you believe, attacked?”
“Yes.”
"Is it true that you were instrumental in pursuing a warrant for the arrest of the Defendant for the attempted murder of Scott Lancer?"
"Yes," Will declared, looking directly at Johnny.
"Could you explain to the court, why you suspected him?"
"It was because of the evidence at the scene," Will began. "First, it was clear that the attacker’s motive was not simple robbery, as Scott’s horse, his rifle, everything in his saddlebags—nothing had been touched. Second, there was no indication that anyone else had been present at the clearing—there were only two sets of hoof prints, from Scott's horse and from that of the Defendant.”
From across the floor, Webster tilted his head, a puzzled expression on his face. “But Captain Hayford, the Defendant freely admitted that he had been at the clearing earlier in the day, did he not?”
“Yes, he did, and he said that he had been there on time. Scott Lancer has always been very punctual, yet the Defendant claimed that he had never seen him.”
Webster walked slowly towards the witness stand. “Couldn’t Scott Lancer have been delayed?”
“Of course,“ Hayford acknowledged. “But clearly he arrived at the clearing at some point. Those were two things that the Defendant said that didn’t sound quite truthful to me: first his claim of having been on time and second his assertion that he had never seen Scott at the clearing.”
“Was there anything else?”
“Yes. There was the button, which matched the one that was missing from the Defendant’s shirt. With the entire search party as witnesses, he said that the button had been missing from his shirt when he put it on that morning and yet---- I picked it up off the ground in the clearing."
"What was your conclusion, Mr. Hayford?”
“That the Defendant was lying.”
Marcus Webster stood still, a thoughtful expression on his face. After a moment, he roused himself and looked up to address Judge Blackwell’s stern visage. “Your Honor, I still have a number of questions for this Witness, but in view of the fact that Captain Hayford has been on the stand for quite some time now, and that it is past the hour of noon, I move to recess.”
Judge Blackwell tapped his gavel and announced in a stentorian voice that the Court was adjourned until two o’clock. “All rise,” the Bailiff declared as the big man stood and regally exited the Courtroom in a swirl of black robes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Once Court was again underway, Marcus Webster continued his questioning of Will Hayford. “Mr. Hayford, prior to the recess, you had indicated that you were skeptical of the Defendant’s honesty.”
“I am.”
“Yet, you’ve only recently become acquainted with the Defendant is that true?”
“Yes, I met him for the first time when I came to visit Scott at the Lancer ranch.”
“Doubtless your friend had told you something about his newly encountered half-brother?”
"Yes, Scott had told me that his half brother had been a gunfighter. He said-----"
"I object!" the defense attorney protested, standing up. "Your Honor, the witness is testifying to a conversation which cannot be corroborated."
"Your Honor," the prosecutor countered, “We certainly agree that it is unfortunate that Scott Lancer is not . . available . . . to testify, but it is relevant to our case that the jury members understand what Scott Lancer knew about the Defendant."
"Overruled," Judge Blackwell decided.
"Continue, Captain Hayford."
"Scott told me that his brother used to be a gunfighter. He said that he had used the name Johnny Madrid."
"Did he say anything else about the Defendant’s past?"
"No, not really," Will responded, shaking his head. He directed his one-eyed gaze at Johnny, who stared back at him without expression. "Scott was quite reluctant to discuss details of his brother’s past with me." “But,” he added, looking at Webster once more, “I conducted some research of my own about Mr. Madrid’s exploits, how many men he had killed . .”
Over Nicholas Reed’s repeated objections, Marcus Webster took Will Hayford through a reading of several documents. Evidently convinced by Webster’s assertions that information about Johnny Madrid Lancer’s past spoke to the character of the Defendant, Judge Blackwell allowed the material to be read to the jury and entered into evidence. Once this lengthy task had been completed, the prosecutor introduced a new topic.
“Mr. Hayford, as an attorney, you are aware that in solving a crime, primary consideration must be given to determining a suspect’s motive. In your professional opinion, did the Defendant have an identifiable motive for this vicious attack on his brother?”
"Yes, in fact, several."
"What were those possible motives?"
"When Scott was visiting me here in Sacramento, I drew up a will for him, a will which leaves his sizeable trust fund and other parts of his estate to the Defendant. Mr. Stovall has already testified that Johnny Lancer was aware of both his brother’s will and of the money involved; the Defendant was also present the evening that Dr. Jenkins and Chad Lancer served as witnesses to Scott’s signature on the document," Hayford revealed.
“So was this attack motivated by a desire for money?”
“Objection. Calls for speculation.”
“Sustained.”
Webster was unruffled. “Let me ask another question. Captain Hayford, based upon your personal observations of the brothers, were there any other possible motives for the attack?”
“Mr. Webster, during my short visit, I personally observed that the Defendant has a rather volatile temper; on at least two occasions his anger was directed at Scott Lancer. It is my opinion that the Defendant seemed to be rather resentful of his brother.”
“And you also witnessed the argument that Mr. Stovall described?”
“I did. It appeared that the Defendant was initially upset because he believed that Scott had countermanded his instructions to Mr. Stovall. When Scott tried to explain, his brother only seemed to get angrier. He called Scott ‘Boston’ in a derogatory manner and then accused Scott of talking to me about his past.”
“It seems that you overheard more of the conversation than Mr. Stovall did.”
“I did. I was standing much closer to them. The Defendant made some derogatory remarks about Scott Lancer’s grandfather; that’s when Scott got angry and tried to walk away.”
“Tried to?”
“Johnny told Scott that he’d better watch his back, because he wasn’t going to do it for him any more. I was heading back towards the house, so I don’t know what happened next; the next thing I heard was Johnny saying something about having shot Scott. That startled me, and I turned around. . . . That was when the Defendant threatened his brother.”
“Really? What did he say?”
“Johnny said that Scott had better be capable of taking care of himself if he was turning his back on him. From his tone, I took that as a warning.”
“As did Mr. Stovall,” Webster observed. “Captain Hayford, besides the issue over giving orders to one of the hands, are you aware of any other reasons why the Defendant might have felt resentment towards Scott Lancer?”
Will Hayford considered this question for a long moment. “I certainly believe that it’s quite possible that his brother resented Scott for being who he was—a cultured, educated Easterner. Scott was self-confident, he was comfortable in a leadership position. I also learned that when the two of them first arrived at their father’s ranch, they helped Mr. Lancer fend off a band of what were called “Land Pirates”—and the leader of that band, a man named Day Pardee, was a former associate of the Defendant. In the course of that conflict, Johnny shot and wounded Pardee.”
“And what did this have to do with Scott Lancer, Mr. Hayford?”
“Mr. Webster, the Court has heard that the defendant has a reputation for being quite deadly with a six shooter. I would surmise that had he wished to kill Pardee, he would have done so. As it happened, before the conflict was over, it was Scott Lancer who shot and killed Pardee.”
“So you believe that avenging this Pardee’s death could be another possible motive for the Defendant to attack his brother?”
“Yes, Mr. Webster, I do.” At the defense table, Johnny Lancer slapped the table surface with one hand and engaged in a heated whispered exchange with Jarrod Barkley. A warning tap of the Judge’s gavel and a glare from Nicholas Reed quickly quelled the disturbance.
Marcus Webster smiled indulgently in the direction of the defense. “You were saying, Mr. Hayford? As to the Defendant’s motive?”
“Mr. Webster, when a man has a temper, a motive is not always necessary. A fatal attack could be the result of an angry impulse. But in this case, I believe that the Defendant had three possible motives: greed, envy and revenge.”
Webster paused dramatically and allowed his gaze to sweep the jury box. He nodded approvingly as he noted the attentiveness of the jurors. “Thank you, Captain Hayford. Your witness, Mr. Reed.”
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Nicholas Reed approached the witness warily. He noted that Hayford, who had been sitting upright and alert, now settled back comfortably in his chair as the defense attorney neared him. During the mid-day recess, he and Jarrod had discussed possible strategies; it was Reed’s intention to try to keep Hayford off balance by abrupt changes of topic.
“Mr. Hayford, you have brothers, do you not?” Reed asked, turning to face the jury box.
“Mr. Reed, I have one surviving brother; the other perished at Gettysburg.”
Aware of the jury members’ scrutiny, Reed was careful not to react. Instead, he rested his hand upon the rail and regarded it thoughtfully. “Did you ever fight with your brothers? Argue?”
“Of course, all brothers argue. But I never wanted to do either of mine physical harm, if that’s what you’re getting at, Mr. Reed.”
Reed’s head snapped up at that, and he turned to face Hayford. “It wasn’t, but it is an interesting thought, Mr. Hayford.” Reed placed his left arm across his chest, resting his right elbow on his left hand. He pensively stroked his clean-shaven chin with the fingers of his right hand. “Mr. Hayford, you testified that you had known Scott Lancer for a very long time, that he was ‘like a brother’ to you. Did you ever argue with him?”
“We disagreed sometimes, certainly.”
“About what sorts of things did you disagree?”
Will considered his response for a moment. “Mr. Hayford?” Reed inquired. Will looked out over the courtroom, without seeing the faces of the spectators assembled there. “Well, . . .I disagreed with his decision to accept his estranged father’s invitation to come out here, to stay in California.” “More recently, I tried to suggest that perhaps he shouldn’t be quite so trusting of others,” Will added softly, “particularly the Defendant.” “But,” he continued, looking directly at Reed, “we tended to discuss or debate; I can’t say that we really ‘argued’.”
“But did you did convey to Scott Lancer that you . .disapproved . . . of his choice to live with his family here in California and did you express to him as well your negative judgment of his brother?”
“Yes, Mr. Reed, I certainly did.”
Something about the slight hint of frustration in Hayford’s tone told Nicholas Reed to take a chance. A cardinal rule, and one which he had repeatedly impressed upon Jarrod Barkley as well as upon other young associates, was that a prudent attorney never asked a question in court unless he already knew the answer. It wasn’t that “rules were made to be broken,” but one reason why Nicholas Reed was a successful lawyer was because he was a man who had learned to trust his instincts. “Mr. Hayford,” Reed asked in a curious tone, “how did Scott Lancer respond to your concerns about his brother?”
“He told me not to worry,” Hayford replied honestly, a harsh edge in his voice. He turned his head to the right, bringing Johnny into his line of vision. One brown eye stared intently at Johnny’s two bright blue ones. “Scott said that he trusted him,” Will said in a bitter tone, and then set his mouth in a grim line.
Before Hayford could add anything more, Nicholas Reed hastened to pose another question. “It would appear that you were reluctant to trust Scott Lancer’s judgment. How did you really feel about him, Mr. Hayford?”
Hayford glared angrily at the white haired defense attorney. “I loved him like a brother.”
“Loved him? Despite his poor judgment? How charitable of you,” Reed said, smiling sardonically.
“Mr. Reed . . .” began the judge in a cautioning tone.
The defense attorney nodded respectfully to the grim magistrate and then addressed Will Hayford once more. “Tell, me, have you always had such positive feelings towards Scott Lancer, Mr. Hayford?” When Hayford merely stared back at him without answering, Reed rephrased his question, making it more pointed: “Have you ever said that you hated him?”
With a rueful smile, Will searched until he found Teresa O’Brien, seated next to Murdoch Lancer, behind Johnny and Jarrod Barkley. “I assume, Mr. Reed that you are referring to a conversation that I had with Scott the morning of his disappearance, a conversation that Mr. Lancer’s ward, Miss O’Brien, overheard.” He glanced down with a sigh and then up at Reed once again. “It should have been evident that we were talking about events from the past.”
“So you hated Scott Lancer in the past? But you also loved him like a brother? Which was it, Mr. Hayford?”
“Objection, Your Honor, Counsel is badgering this witness.”
“Sustained. Allow the witness to respond, Mr. Reed.”
Will Hayford sighed once more. When he began speaking again, it was in a distant voice. “When I returned . . from the War, I had difficulty . . . coping with my injuries . . . as well as with my older brother’s death. I . . I started drinking, quite heavily. And then sometime later, we received word that Scott had been imprisoned in Libby.” Will paused, looking firmly in the direction of the Lancers. “Those of us who knew him and cared about him, we were concerned about whether or not Scott would survive his time there. And when he finally came home, even though he was alive and in one piece, he was still very thin, sickly. . . . Despite that, he tried to help me. And I resented him for it.”
“Resented him?”
“I was jealous as hell of Scott Lancer, and angry, angry that I needed his help so badly. I hated him.”
Nicholas Reed paused to allow the jury members to absorb the significance of this statement. To the defense attorney’s chagrin, Hayford continued speaking. “But once I sobered up, with Scott’s help, well, then I came to appreciate what he’d done for me. And in turn, I was able to help him . . . . . they weren’t visible, but Scott had some scars of his own.”
“Scars?”
“Scott was a prisoner of war for an entire year. He was also the sole survivor of a failed escape attempt. The loss of his men weighed on him very heavily. He was even falsely accused of having betrayed the escape.”
“You discussed these events with him during your recent visit?”
“Yes.”
“Mr. Hayford, what if Scott Lancer were to walk in that door, right now?” As he posed the question, the defense attorney pointed to the double doors at the rear of the courtroom. Everyone in the courtroom turned to look in that direction.
“I’d be very happy, Mr. Reed.”
“Would you?”
“Yes,” Will Hayford said emphatically.
“And how do you think that Scott Lancer would react to learning of the accusations which you have made against his brother?”
Will Hayford focused his one eye unflinchingly upon the white haired attorney. “Well, Mr. Reed, I suppose that that would depend upon what Scott already knew, whether he had seen his attacker.”
“Mr. Hayford, I’m asking you how you think Scott Lancer would react to hearing that you have accused his brother of attempted murder.”
“He wouldn’t want to believe it was true, of that I’m certain. But Scott would consider the evidence.”
“You don’t think he would be angry with you?”
“I’m sure he would be. But, Mr. Reed, Scott Lancer could hate me for the rest of his life, and I would still be glad that he was alive.”
“Mr. Hayford, the piece of wood found at the scene, which has been described as “resembling a club”, that piece of wood has not been entered into evidence. The jury has not had the opportunity to examine it. In your professional opinion, is there any way to verify that the discoloration on that piece of wood was actually blood?”
“No sir, there is not. But as Sheriff Jayson has already testified, it was Mr. Lancer who first suggested that it might be, and the rest of us agreed.”
“But you acknowledge that it is impossible to be certain, that the piece of wood did in fact have a bloodstain on it, or that it was even used as a club.”
“It is impossible to be certain,” Hayford replied in an ironically dutiful tone.
“Mr. Hayford, is it true that that piece of wood, about which it is impossible to be certain, was a key factor in the members of the search party jumping to the conclusion that Scott Lancer had been attacked?”
“I can’t speak for the other members of the search party, Mr. Reed, but for myself, my concerns about the Defendant were a key factor.”
“Your concerns about Johnny Lancer, the man that his brother trusted, were much more significant to you than the alleged weapon?”
“Yes.”
“You were immediately suspicious of Johnny Lancer, weren’t you, Mr. Hayford?”
“Yes, Mr. Reed,” Hayford responded forthrightly, “I was.”
“Based solely on what you knew of his past?”
“Not solely.”
“Primarily then.”
Will Hayford sighed. “There were my personal observations as well, but yes, Mr. Reed, his past as a notorious gunfighter was an important factor.”
As he stood facing the members of the jury, Nicholas Reed crossed his arms. He continued to study the faces of the jurors as he posed his next question to the witness seated behind him. “Let me ask you this, Mr. Hayford. Had you not felt such an animosity towards your friend’s brother, wouldn’t you have been more inclined to consider other possibilities besides an attack?”
“Objection. Presumption. Calls for speculation.”
Reed whirled to face the judge. “Your Honor, this witness is primarily responsible for the accusations levied against my client. I would submit that he has already voiced considerable ‘speculation’.”
Evidently displeased by the defense attorney’s words and tone, Judge Blackwell coolly regarded Reed over the tops of his reading glasses. Finally, however, he nodded. “I’ll allow it. But go carefully, Mr. Reed.”
Nicholas Reed repeated his question. Will Hayford slowly shook his head. “I’ve already explained why I doubt that Scott simply slipped and fell into the creek. . . “
The patrician lawyer irritably interrupted the witness. “Aren’t there other possibilities, Mr. Hayford?” he asked, “other explanations for Scott Lancer’s demise which might serve to exonerate his brother, had you been in a frame of mind to consider them?”
Will Hayford stared at Nicholas Reed without comprehension. “I’m afraid I can’t think of any, Mr. Reed,” he said in a puzzled tone.
“Well, Mr. Hayford, you did say that Scott Lancer returned from the War and his lengthy period of imprisonment with scars, invisible ones. Perhaps your visit, your conversations, stirred up painful memories of his incarceration, the failed escape.” Reed paced away from the witness stand and then turned to face Hayford once more. “Based upon the evidence, isn’t it possible that Scott Lancer took his own life?”
“NO!!!”
The word erupted simultaneously from Will Hayford on the witness stand, Johnny Lancer at the defense table and Teresa O’Brien, who was seated behind Johnny, in between Murdoch and Chad. Judge Blackwell glared in the direction of the defense table and tapped his gavel. “Order in the Court!” he shouted, quelling the spectators. “Control your client, Mr. Barkley,” he admonished the Stockton attorney. Jarrod nodded, speaking quietly to Johnny, who stared hard at his own clenched fists on the table top in front of him.
On the stand, Will Hayford repeated the word emphatically. “No. Scott would never do that.”
“You’re quite certain, despite the evidence? I would contend, Mr. Hayford, that the evidence at least allows that possibility, that is, if one were willing to consider it objectively.”
Marcus Webster pursed his lips. “Your Honor, is Mr. Reed testifying here?”
Judge Blackwell admonished the defense attorney with a look. Reed slowly approached the witness. “Isn’t it true, Mr. Hayford, that because of both your admiration for your late friend and your personal distrust for his recently acquired brother, that you are unwilling to accept the possibility that Scott Lancer may have been responsible for his own death—either through the simple human error of a careless misstep or otherwise? Isn’t that the real reason why you believe his brother is responsible?”
“No,” replied Hayford, calm once more. “I simply examined the evidence and relied upon my personal observation of the two men during my visit.”
“Ah, yes, your short visit, of three or four days . . .”
At the prosecution table, Webster raised his eyebrows and opened his mouth, but Timothy Blackwell was quicker. “Ask a question, Mr. Reed,” the judge intoned.
“Isn’t it true Mr. Hayford, that you were envious of Scott Lancer’s relationship with his brother, that you took an immediate dislike to Johnny Lancer and therefore wished to blame him rather than Scott himself for this tragic event?”
“No, Mr. Reed, that is not true.”
“Perhaps you were angry that Scott Lancer declined to accept your advice, refused to leave his family’s ranch, resisted your suggestions that he should trust you rather than his only brother?”
“I was concerned about Scott, Mr. Reed, I was not angry with him.”
“Mr. Hayford, you knew that the Lancer brothers were going to meet at the Grand Creek dam site that day?”
“Yes, I did. As did others.”
Reed nodded. “Upon first arriving at the site, you immediately urged the Sheriff to examine the tracks?”
“Yes.”
“Because you immediately suspected foul play?”
“No. I realized that the tracks might give some indication as to what had occurred.”
“But you had no idea at that point what could have occurred?”
“As you say, Mr. Reed, everyone was aware that the Defendant was to meet his brother there earlier in the day. The Defendant had told us that Scott had never shown up, yet his horse was immediately visible in the clearing upon our arrival---and Scott was not.”
“Mr. Hayford, a suspicious person might have suspected that you leapt to the idea of an attack, because you had some knowledge of it. Had you been to the clearing earlier in the day yourself?”
Hayford stared angrily at Reed. “No, I had not,” he said tightly.
“Was Johnny Lancer’s button in your jacket pocket all day, just waiting to be ‘found’?”
“No!”
“It just happened to be there on the ground, lying at your feet, where you just happened to see it?”
“Yes.”
Nicholas Reed shook his head in disbelief. “Your Honor, I have no further questions for this witness.”
Marcus Webster slowly rose from his seat. The tall man with the receding dark hair approached he star witness. Will Hayford had been on the stand for a very long time and Reed’s relentless questions, abrupt shift of topics and startling accusations were all taking their toll on the man. Nevertheless, Webster meticulously took Will through a review of the key elements of his earlier testimony. The prosecutor was very clever in linking his questions to topics that had been raised by the defense and was able to emphasize the evidence against Johnny. Reed’s objections were most often overruled by Judge Blackwell.
The prosecutor had noted that several of the jurors had reacted visibly to Will Hayford’s potentially damaging admission that Scott Lancer had expressed trust and confidence in his brother. Webster set about laying groundwork to combat the possible negative impact of that piece of testimony.
“Mr. Hayford, you advised Scott Lancer to be cautious in trusting his brother, did you not?”
“Yes, I did.”
“Would you characterize Scott Lancer as a trusting man, Mr. Hayford?”
“I suppose that you could say that. Scott tended to expect that other people were much like himself, honorable.”
“He must frequently have been disappointed then. Mr. Hayford, are you personally aware of instances in which Scott Lancer trusted people who, as it later turned out, were not deserving of that trust?”
“Yes, I suppose that I am.”
When Marcus Webster requested an example, Will briefly outlined for him what Scott had shared about his experience with Polly Foley. The pregnant young woman had lied to Scott about her identity, but Scott had persisted in helping her anyway.
“So it would appear that Scott Lancer was also unusually forgiving, willing to overlook the lies and transgressions of others?”
“He was willing to accept his father’s invitation to come out here, helped the man defend his ranch, even though he ignored him the entire time he was growing up.”
“How significant then, is Scott Lancer’s statement that he trusted his brother? Wasn’t he willing to ‘trust’ anyone, forgive anyone?”
Will Hayford paused at that. His face assumed a grim expression. “Scott was not stupid or naïve, Mr. Webster. He believed in giving a man the opportunity to prove himself.”
“Any man, or woman? And at times, as it turned out, he was quite wrong to do so?”
“Sometimes, yes,” was Will Hayford’s reluctant reply. Marcus Webster thanked his witness and excused him from the stand.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
"The prosecution calls Jellifer B. Hoskins."
Jelly Hoskins slowly and very reluctantly rose from his seat. The Lancer handyman was attired in a jacket and black string tie for his appearance in court, with his sparse hair carefully combed back. He nodded to Murdoch, Chad and Teresa and with a very solemn expression started to walk towards the witness stand.
From his seat next to Jarrod at the defense table, Johnny watched with sympathetic concern as Jelly approached the front of the courtroom. Reed and Barkley had explained that Jelly would be considered a "hostile" prosecution witness and the two attorneys had speculated at length as to why Marcus Webster had decided to call Hoskins to the stand. The grey bearded horse wrangler had been an outspoken defender of his young friend, and extremely supportive of Johnny ever since Scott's disappearance. Normally outspoken and even belligerent in expressing his views, today Jelly appeared uncharacteristically subdued. Nicholas Reed had met with him and then later confided to Johnny that the older man was very concerned that he might somehow be tricked into saying something that would be detrimental to Johnny's defense.
As he studied his friend, Johnny caught a motion at the corner of his eye. Rather than returning to his seat in the body of the courtroom, Will Hayford was moving towards the main doors at the rear of the chamber. Turning to look, Johnny could track Hayford’s head of brown curly hair, and the distinctive eye patch, as it moved above the faces of the seated spectators. Seated in the row of seats behind his son, Murdoch Lancer turned to follow Johnny's gaze. The two of them registered the newcomer at the same moment: standing at the back of the room was Mr. Harlan Garrett, Scott's grandfather. There was another, younger, dark haired man standing beside the elderly Bostonian. As the Lancers watched, Will Hayford grasped Garrett's shoulder, while nodding, unsmilingly, at his
companion.
<<Looks like he's aged ten years>> Johnny thought to himself.
Meanwhile, at the front of the courtroom, Jelly Hoskins completed the oath, a hint of defiance in his voice as he swore to tell the truth. Jelly took his seat and awaited Marcus Webster's first question.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
CHAPTER 13
Sitting on the stand, nervously anticipating the prosecutor's first question, Jelly Hoskins received a reprieve of sorts when Attorney Marcus Webster turned to Judge Blackwell and requested that Court be adjourned, "in view of the late hour and the unlikelihood of completing Mr. Hoskins' testimony today." Judge Blackwell concurred with the request, rapped on the bench with his gavel and soon exited the courtroom. The door had barely closed on the departing judge when Johnny Lancer turned to his lawyer, his blue eyes blazing.
"What the hell was that all about?" he demanded angrily, "suggestin' that Scott maybe killed himself?"
Nicholas Reed fixed Johnny with an angry look of his own. "We'll discuss this in private," he replied coldly, all too aware of the people still milling around the courtroom.
"I'm askin' you now," Johnny insisted, ignoring Jarrod Barkley's remonstrations.Murdoch Lancer appeared at his son's side. "I want to know too," the tall rancher announced, glowering at Reed. In response, the white haired lawyer gestured towards a door off to the left. "I requested the use of a room where we can confer, before Johnny is taken back to his cell. Let's go there." "Please," he added, in a conscious effort to sound less angry.
Once Jarrod, Murdoch, Johnny and Reed were inside the small room, the defense attorney carefully shut the door. Facing Johnny, he directed his first comments to the still visibly angry young man. "Your father is paying me a very large sum to do my job. And I'm very good at it. I understand that you may have questions about my handling of your case, but,” he said, gesturing emphatically towards the door, “you will not question me out there, not in the courtroom. And if at any time you are unhappy with my work, you are both quite free to let me go."
Johnny stared back at Reed. He recognized that the man was good at what he did and that Reed had been upfront with him, at least so far. Willing himself to regain his composure, Johnny inhaled audibly, and then quietly, insistently, said, "You had no call to say that 'bout Scott."
Reed sat down at the small square table and indicated that the other men should also take seats. Johnny eased into the chair facing Reed. "Your concern for your brother's reputation is understandable, and admirable, Johnny. But you both need to understand this---," with a look, Reed included Murdoch Lancer as well as his son. "As your legal representative, you are my primary concern and I will do whatever is necessary to prevent you from finding yourself at the end of a rope. Which is where you could be headed."
"How will . . ?" Murdoch started to ask, and Johnny looked at Reed with the same question burning in his blue eyes. "If I can create even the smallest doubt in the minds of the jury as to whether your brother was actually attacked, then it becomes rather difficult for them to find you guilty," Reed explained.
"I'm thinkin' he sure was attacked, all right, by that so-called friend a his."
"That's certainly another possibility, which I also raised." All three of the other men nodded their heads in acknowledgement of this fact. "Given the makeup of the jury," Reed continued, "I felt it best to work my way slowly in that direction and not attack Hayford directly."
"So you attacked Scott instead," Murdoch observed bitterly.
Nicholas Reed sighed. It had not escaped his notice that Marcus Webster had also attacked the victim, in order to counteract the prosecutor’s own witness's assertion of Scott Lancer's positive feelings towards his younger brother. It was not something that Reed enjoyed seeing take place in a courtroom. He anticipated additional testimony along the same vein and realized that it was going to be very difficult for his client and his grieving family to hear.
"In my professional opinion, drastic action was needed. Johnny, despite all of the questions, the answers, the evidence, the witnesses, in the minds of the jury this could all come down to one issue-- your explanation of what took place against that of your accuser, in this case, William Hayford."
Reed leaned back in his chair. "I'm afraid that if it's simply your word against his, then you're destined to lose."
Both Murdoch and Johnny reacted angrily to that statement. "Please, gentlemen, listen to him," Jarrod Barkley urged his friends.
"A wounded war hero and a gunfighter," Reed stated bluntly. "There was no question in my mind which way the jury was leaning."
"Is there more to it than that?" Murdoch Lancer asked quietly.
"Mr. Lancer, I think that you know that there is," Reed replied seriously. "Johnny, those men on the jury can more readily identify with both William Hayford, and your brother, than with you, and for any number of reasons.” Reed slowly counted off his examples on the fingers of his left hand. “They are white, educated, reasonably wealthy, and, in their own minds at least, completely well-bred and utterly law abiding."
Johnny sighed. Jarrod Barkley had laid out similar concerns about a jury trial in Sacramento even before they had left for the city. "My word against his--that mean you're thinkin' of lettin' me testify in court?" he asked.
"No!" replied Reed, Murdoch and Jarrod in unison. "Johnny, we've talked about that," Jarrod reminded him.
"I want to have my say," was Johnny's stubborn response.
Nicholas Reed turned to Murdoch Lancer. "Mr. Lancer, I’ve been giving it careful consideration, and I believe that it would be best if you did not take the stand either. . . "
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
When Court reconvened early the next morning, Jelly Hoskins was recalled to the stand and reminded he was still under oath. Marcus Webster also reiterated for the benefit of the jurors, as well as Judge Blackwell, that Mr. Hoskins’ status was that of a “hostile witness.”
The prosecutor began with several questions about “Mr. Hoskins’" background and his association with the Lancer family, particularly his length of employment and the type of work that he did on the ranch. Once these preliminaries were completed, Webster moved a distance away from the witness. “Mr. Hoskins, what kind of person was Scott Lancer?"
Johnny had noted that during the opening series of basic factual questions, Jelly had started to relax; now it was clear that his old friend found the prosecutor’s abrupt change of topic to be somewhat unsettling. “Scott? waal, uh . . . Scott, I’d hafta say he’s jist a good man. Like his brother, Johnny,” Jelly replied nervously. "He's smart and he's...ah.... a right nice person. Wouldn't never do nuthin' ta hurt no one, never. An' Scott'd give ya' the shirt offin' his back if ya' let em. Not that he ever done that, a course, but leastways he sure did seem like he was always ready ta help a person."
"So was he trusting? And loyal to his friends?" Webster asked.
"Wall, yeah, he sure was, he was the only one didn't laugh at me when I got Hump. He was a bull with a hump on his back, tha's how he got his name." Jelly explained, his eyes glistening from the memory. "Scott understood bout' me wantin' ta be somebody. Ta' do somethin' with my life."
"It sounds like Scott Lancer was a good, helpful, friend, Mr. Hoskins," the prosecutor observed, looking at the witness sympathetically.
"Oh, he was," Jelly continued. "Always ready ta help, and not just his friends, neither. There was this one time, Scott...he almos' got kilt in the desert an' these miners, well they helped im' and then Scott got em' some food and medsin' fer the sick ones. But they was wanted for those shootins up at Cripple Creek. So I went long' ta' help im' cover his tracks. But Johnny...well...he's a real good tracker too an' he was able to find us, course the main thing was that he figured out what Scott was thinkin’. I tell ya' there ain't two brothers whats' clos'------"
"Mr. Hoskins," Webster interrupted, smoothly changing the subject. "Some other people that Scott Lancer helped were the members of an Irish Immigrant family named . .” the tall prosecutor paused, glancing down at his notes. “McGloin, is that right?"
"Wall, yeah," Jelly began. "They sure did pull the wool right over on Scott. He thought they was down on' their luck."
“He trusted the McGloins and they took advantage of that trust, didn’t they?”
“Waal, like I told ‘im, he’d bin taken before and he’ll be taken agin.”
"Mr. Hoskins, Scott Lancer was often a too trusting person, wasn't he?"
"Waal, Scott...now I’d hafta say that he sure . . .," discomfited by the phrasing of the question, Jelly stumbled over his words.
"A simple yes or no will suffice," the prosecutor declared. "In your opinion, was Scott Lancer too trusting?"
"Well, ...but it weren’t like that----." Jelly began, only to be interrupted again.
"Mr. Hoskins," the Judge barked. "You will answer the prosecutor with a simple yes or no."
"Yes, yur honor," Jelly nodded. Webster repeated his question. Johnny had to hide a rueful little smile as Jelly shook his head and rolled his eyes while saying in an exasperated tone that “Yes, Scott sure could be too trustin’.” Jelly’s demeanor clearly conveyed to everyone in the courtroom his low opinion of both the prosecutor and his questions.
Having confirmed that Scott Lancer was ”too trusting”, Webster next took Jelly through a similar inquiry about Johnny, until the horse wrangler was forced to concede, with the same degree of obvious reluctance, once more clearly evident to all present, that “Yes, sumtimes Johnny has a temper.”
The prosecutor next took considerable time to guide Jelly through a description of the search along Grand Creek and how far downstream the men had hiked before discovering a piece of fabric from Scott’s shirt. Once Jelly had identified it, the swatch was entered into evidence. After being asked to describe the strength of the current and the number of rocks, Jelly had no choice but to conclude that there was little chance that Scott Lancer could ever have survived. Watching as the grey-bearded man bowed his head in a futile attempt to hide his emotion, Johnny felt his own stabbing sense of loss. The prosecutor, however, allowed little time for either man to dwell upon such thoughts, as he moved quickly to his next series of inquiries.
"Mr. Hoskins, the day before Scott Lancer disappeared, you witnessed an argument which he had with the Defendant, is that correct?"
"Well....ah...Yes" Jelly answered unwillingly. In response to further questioning, Jelly acknowledged that the argument had started over an issue involving giving instructions to one of the men. The voluble handyman explained in some detail how Johnny had wanted young Andy Stovall to go work with his cousin Chad and that Scott had decided it was better for Andy to go to town after supplies with Jelly. At his place at the defense table, Johnny managed a sideways glance at Chad, seated behind him and to his right, next to Teresa. He hoped that the prosecutor wouldn’t ask Jelly to go into any details that would be embarrassing and hurtful to his cousin.
“Was there more to the argument than that, Mr. Hoskins?”
“Sure there was. Johnny was tryin’ ta tell Scott ta watch out fer that Hayford fella; seems he was askin’ lotsa questions ‘bout Johnny’s past.”
“And that was upsetting to Johnny Lancer?”
“Waal, course it was, ta have somebody nosin’ round like that!”
That response actually garnered a few smiles from the serious gentlemen of the jury. Johnny recalled that during the argument, Scott’s grandfather had also been mentioned; he recollected asking Will Hayford if he was looking for something to use against Scott. “Well, it ain’t gonna work,” he’d told his brother’s one armed friend. “His grandfather already tried it.” Scott had been about as angry as Johnny had ever seen him, and his temper had been pretty equally directed towards both Johnny and Will Hayford. <<And that’s when I said ta Scott, “well, at least he wanted ya.”>> Johnny remembered regretfully.
Marcus Webster hid his annoyance at Jelly’s reply to his previous question. He made sure to phrase his next inquiry as one demanding a ‘yes” or “no” response. "Did the Defendant, Johnny Lancer, threaten Scott Lancer?"
"Well...ah wouldn't ‘xactly call it a threat."
"Did the Defendant threaten Scott Lancer, yes or no!” Webster demanded.
Jelly looked over at Johnny, then back at Webster. "No,” he said stubbornly. “Weren’t a threat.”
The prosecutor sighed audibly. “Mr. Hoskins, can you recall the Defendant’s exact words in regards to ‘watching his brother’s back’?”
There was a short silence, while Jelly gathered his thoughts. Seated at the defense table Johnny felt more deep regret. The last words he’d ever said to Scott had been at the end of that argument, as his brother was walking away. Something along the lines of how the Easterner must really believe he could take care of himself, if he dared turn his back on Johnny Madrid. Well, he hadn’t said exactly that, not in so many words. But that’s what had been in his head and in his tone, when he’d been speaking to his brother’s back. Scott hadn’t turned around, hadn’t even thrown a glance over his shoulder. They hadn’t said two words to each other the rest of the day and evening and then the next day Scott was gone.
Marcus Webster stood motionless near the jury box, waiting for Jelly Hoskins’ response. This time, when he finally spoke, Jelly kept his eyes trained on the floor. “First, Johnny, he said that he’d keep on watchin’ out fer Scott. Then, Scott, he got kinda mad, said he could take care of hisself. Then Johnny said that Scott could just watch his own back, that Johnny weren’t gonna be doin’ it no more. But he never meant ---.”
The prosecutor cut Jelly off once more. “Did the Defendant say anything about having shot his brother at some time in the past?”
Another pause. “Yes,” Jelly finally answered, with obvious reluctance.
“Mr. Hoskins, do you have direct knowledge of that incident; did either of the Lancer brothers tell you anything about what happened?”
“No,” Jelly Hoskins said quickly. The shooting had occurred prior to Jelly arriving at Lancer; Jarrod Barkley had carefully explained that Jelly could not be asked about the incident since his information about it would be classified as “hearsay”.
“Mr. Hoskins, have you ever witnessed other arguments between the Lancer brothers?”
Jelly immediately recalled the time that Johnny had made a few joking remarks to Scott about Miss Moira McGloin and the boys had almost come to blows. Jelly had even stepped in between them, he’d been that worried.
“Course they’ve had sum other arguments.”
"No further questions," the prosecutor stated, surprisingly giving way to the defense attorney. On the witness stand, Jelly looked even more concerned about the prosecutor’s sudden decision to stop questioning him than he had been when he was anticipating the man’s questions.
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