By Lyn
Copyright 1999
"Call your first witness, Mr. Chambers."
"I call the defendant, your Honor, Mr. Buck Cross." Buck stood and walked over to the witness chair.
The judge looked at Chambers like he had lost his mind. Calling an Indian as a witness?
"Young man, do you understand the workings of this court? That you will be taking an oath to tell the truth?"
"Yes." Buck answered in a strong voice that didn't show the fear and worry he felt.
"Very well, swear him in." The judge seemed dubious.
"Mr. Cross," Chambers began, "let's start with a little background. What do you do for a living?"
"I'm a rider with the Pony Express stationed out of Sweetwater."
"Have you had any other jobs recently?"
"Other jobs? No. But I have been a volunteer scout and tracker for both the Army and for Marshall Sam Cain."
"So, you've been entrusted with information, both through the Express and in helping both the Army and Marshall Cain, that many others have not been privy to."
"I suppose you could say that."
"Mr. Cross, forgive me for my next comment, but you seem very educated for an Indian. How could that be?"
Buck didn't like this approach and a very slight edge appeared in his voice. "I attended a Mission school."
"A catholic Mission school? So, you received a Catholic education. A Catholic education that teaches right from wrong."
"My Indian teachings taught that better than anything I learned at the Mission." Buck replied, his jaw tensing, anger setting in but restrained. It would do him no good to get angry here.
Chambers knew he had pushed Buck with the wrong tactic, but he hoped that the boy could hold his temper and that the judge would have gotten the point that they were not dealing with the typical Indian.
"Mr. Cross, please tell me what happened in the alleyway five nights ago."
"I had just made a delivery to Captain Lawlor's office, some military documents. I was passing the alley on the way to the Express station when I heard some noises, kind of muffled screams. I went into the alley and found the man you call Taggert struggling with a young woman. He had one hand over her mouth an was holding both her wrists with the other."
"What did you do next Mr. Cross?"
"I jumped him and he turned. We started to fight. He pulled his knife." Buck looked to the back of the room as he heard the door open, the first shards of hope entering his thoughts at the sight of Teaspoon and Sam entering. Teaspoon tipped his hat ever so slightly, Buck acknowledging with a barely perceptible nod.
"Were you injured yourself by this knife?"
Buck concentrated again on the lawyers questions. "Yes. Not badly though. I was cut across my stomach."
"And then what?"
"He lunged at me. I grabbed his wrists and threw him over my head. He landed on his knife."
"You threw him over your head? Taggert was twice your size. How would you have done that?"
"You grab hold of the persons wrists or shirt front, drop to the ground, put your foot in their stomach and roll back. It throws them off balance and they go flying over your head."
"And where was the girl while you were fighting with Taggert?"
"She was over by the wall of a building. She was obviously scared. She was crying and hadn't moved."
"Go on. What did you do next?"
"I checked on Taggert, found out he was dead, then I turned toward the girl. I started walking toward her when someone hit me over the head. Before I passed out I heard her scream and a gun went off. That's all I remember."
"Did you hear anyone else in the alley?"
"No. But I was busy. Anyone could have walked in there and I might not have heard them."
"Thank you Mr. Cross. Your witness."
The prosecution lawyer stood. "Mr. Cross, you want us to believe that you were able to fight off a man twice your size and win? That seems a little incredible to me."
"You can believe what you choose. The truth is that Taggert and I fought and I was able to defeat him. If you want to call that winning, that's up to you." A few people in the audience chuckled softly.
"Wouldn't it be more the truth that you used a knife and attacked Taggert after shooting the girl? That Taggert came into the alley to defend the girl and you turned on him and killed him?"
"No. That wouldn't be the truth at all."
"And yet you have heard Mr. Slayden's testimony that he saw you kill Taggert and that the girl was already dead? Does it not seem more likely that you tried to have your way with that young girl and Taggert intercepted?"
"Your Honor!" Chambers yelled form his table.
"Okay gentlemen. Let's get back to the facts. Do you have any other questions for the defendant?"
"No your Honor."
"Mr. Chambers, do you have any other witnesses?"
"No your Honor." Chambers said reluctantly.
"Then I am ready to rule on this case. Mr. Cross, take your seat." Buck stood and walked over to the chair next to Chambers, looking out at Teaspoon and Sam as he went. The judge cleared his throat as Buck sat.
"Mr. Cross, you have been on trial for the murder of Mrs. Rosemary Jacobson and Mr. Robert Taggert. We have heard testimony from an eyewitness, a citizen of this town, saying that you killed these two people. You have denied these charges, but you have no witness. By your own admission you are responsible for the death of Mr. Taggert. Under the circumstances I feel I have no other choice but to find you guilty as charged. Your sentence is to hang by the neck until dead, day after tomorrow at ten o'clock in the morning."
The court room errupted in noise as Buck sat in stunned silence.
To be continued.......