“Of course,” he added, “if the court objects to these three people-if there’s somethin’ about their characters I don’t know, or if they are not good citizens, then I take back my suggestion.” He turned to look at Bruce Barkow. “Or maybe Mr.
Barkow objects to Ann Rodney servin’ on the jury?” Barkow sat up, flushing. Suddenly, he was burning with rage. This whole thing had got out of hand. What had happened to bring this about? He was acutely conscious that Ann was staring at him, her eyes wide, a flush mounting in her cheeks at his hesitation.
“No!” he said violently. “No, of course not. Let her sit, but let’s get this business started.” Pod Comer was slumped in his chair, watching cynically. His eyes shifted to Barkow with a faintly curious expression. The planner and schemer had missed out on this trial. It had been his idea to condemn the man in public and then see to it that he was hanged.
“You’re actin’ as prosecutin’ attorney?” Gargan asked Barkow.
The rancher got to his feet, cursing the thought that had given rise to this situation. That Rafe Caradec had won the first round he was unpleasantly aware.
Somehow they had never contemplated any trouble on the score of the jury. In the few trials held thus far the judge had appointed the jury and there had been no complaint. All the cases had gone off as planned.
“Your honor,” he began, “and lady and gentlemen of the jury. You all know none of us here are lawyers. This court is bein’ held only so’s we can keep law and order in this community, and that’s the way it will be till the county is organized. This prisoner was in a gunfight with Lemuel Bovine, known as Trigger. Boyne challenged him-some of you know the reason for that-and Caradec accepted. In the fight out in the street, Caradec shot Boyne and killed him.
“In almost the same instant, he lifted his gun and shot Gee Bonaro, who was innocently watchin’ the battle from his window. If a thing like this isn’t punished, any gunfighter is apt to shoot anybody he don’t like at any time, and nothin’ done about it. We’ve all heard that Caradec claims Bonaro had a rifle and was about to shoot at him, which was a plumb good excuse, but a right weak one. We know this Caradec had words with Bonaro at the Emporium and almost got into a fight then and there. I say Caradec is guilty of murder in the first degree and should be hung.” Barkow turned his head and.motioned to Red Blazer.
“Red, you get up there and tell the jury what you know. was Red strode up to the chair that was doing duty for a witness stand and slouched down in the seat. He was unshaven, and his hair was uncombed. He sprawled his legs out and stuck his thumbs in his belt. He rolled his quid in his jaws and spat.
“I seen this here Caradec shoot Boyne,” he said, “then he ups with his pistol and cut down on Bonaro, who was a-standin’ in the window, just a-lookin’.” “Did Bonaro make any threatenin’ moves toward Caradec?” “Him?” Red’s eyes opened wide. “Shucks, no. Gee was just a-standin’ there.
Caradec was afraid of him an’ seen a chance to kill him and get plumb away.” Rafe looked thoughtfully at Barkow. “Is the fact that the witness was not sworn in the regular way in this court? Or is his conscience delicate on the subject of perjury?” “Huh?” Blazer sat up. “What’d he say?” Barkow flushed. “It hasn’t usually been the way here, but- was “Swear him in,” Caradec said calmly, “and have him say under oath what he’s just said.” He waited until this was done, and then as Red started to get up Rafe motioned him back.
“I’ve got a few questions,” he said.
“Huh?” Red demanded belligerently. “I don’t have to answer no more questions.” “Yes, you do.” Rafe’s voice was quiet.
“Get back on that witness stand!” “Do I have to?” Blazer demanded of Barkow, who nodded. If there had been any easy way out, he would have taken it, but there was none. He was beginning to look at Rafe Caradec with new eyes. Rafe got up and walked over to the jury.
“Lady and gentlemen,” he said, “none of you know me well. None of us, as Barkow said, know much about how court business should be handled. All we want to do is get at the truth. I know that all of you here are busy men. You’re willin’ and anxious to help along justice and the beginnin’s of law hereabouts, and all of you’re honest men. You want to do the right thing. Red Blazer has just testified that I shot a man who was makin’ no threatenin’ moves, that Bonaro was standing in a window, just watching.” Caradec turned around and looked at Blazer thoughtfully. He walked over to him, squatted on his haunches, and peered into his eves, shifting first to one side and then the other. Red Blazer’s face flamed. “What’s the matter?” he blared. “You gone crazy?” “No,” Caradec said. “Just lookin’ at your eyes. I was just curious to see what kind of eyes a man had who could see through a shingle room and a ceilin’.” “Huh?” Blazer disglared.
The jury sat up, and Barkow’s eyes narrowed.
The courtroom crowd leaned forward.
“Why, Red, you must have forgot,” Rafe said. “You were in the National when I killed Boyne. You was standin’ behind Joe Benson. You were the first person I saw when I looked around. You could see me, and you could see Boyne but you couldn’t see the second-story window across the street!” Somebody whooped, and Pat Higley grinned.
was I reckon he’s right,” Pat said coolly. “I was standin’ right alongside of Red.” “That’s right!” somebody from back in the courtroom shouted. “Blazer tried to duck out without payin’ for his drink, and Joe Benson stopped him!” Everybody laughed, and Blazer turned fiery red, glaring back into the room to see who the speaker was, and not finding him. Rafe turned to Barkow and smiled.
“Have you got another witness?”
Despite herself, Ann Rodney found herself admiring Rafe Caradec’s composure, his easy manner. Her curiosity was stirred. What manner of man was he? Where was he from? What background had he? Was he only a wanderer, or was he something more, different? His language, aside from his characteristic Texas drawl, and his manner, spoke of refinement, yet she knew of his gun skill as exhibited in the Boyne fight.
“Tom Blazer’s my next witness,” Barkow said. “Swear him in.” Tom Blazer, a hulking redhead even bigger than Red, took the stand.
Animosity glared from his eyes.
“Did you see the shootin’?” Barkow asked.
“You’re darned right I did!” Tom declared, staring at Rafe. “I seen it, and I wasn’t inside no saloon! I was right out in the street!” “Was Bonaro where you could see him?” “He sure was!” “Did he make any threatenin’ moves?” “Not any!” “Did he lift a gun?” “He sure didn’t!” “Did he make any move that would give an idea he was goin’ to shoot?” “Nope. Not any.” As Tom Blazer answered each question he glared triumphantly at Caradec.
Barkow turned to the jury. “Well, there you are.
I think that’s enough evidence. I think — Let’s hear Caradec ask his questions,” Pat Higley said. “I want both sides of this yarn.” Rafe got up and walked over to Tom Blazer.
Then he looked at the judge. “Your honor, I’d like permission to ask one question of a man in the audience. He can be sworn or not, just as you say.” Gargan hesitated uncertainly. Always before, things had gone smoothly. Trials had been railroaded through and objections swept aside, and the wordless little ranchers or other objectors to the rule of Barkow and Shute had been helpless.
This time, preparations should have been more complete. He didn’t know what to do.
“All right,” he said, his misgiving showing in his expression and tone. Caradec turned to look at a short, stocky man with a brown mustache streaked with gray.
“Grant,” he said, “what kind of a curtain have you got over that window above your harness and saddle shop?” Grant looked up. “Why, it ain’t rightly no curtain,” he said frankly. “It’s a blanket.” “You keep it down all the time? The window covered?” “Uh-huh. Sure do. Sun gets in there otherwise and makes the floor hot and she heats up the store thataway. Keepin’ that window covered keeps her cooler.” “It was covered the day of the shootin’?” “Sure was.” “Where did you find the blanket after the shootin’?” “Well, she laid over the sill, partly inside, partly outside.” Rafe turned to the jury.
“Miss Rodney, and gentlemen, I believe the evidence is clear. The window was covered by a blanket. When Bonaro fell after I shot him, he tumbled across the sill, tearin’ down the blanket. Do yuh agree?” “Sure!” Gene Baker found his voice. The whole case was only too obviously a frame-up to get Caradec. It was like Bonaro to try a sneak killing, anyway. “If that blanket hadn’t been over the window, then he couldn’t have fallen against it and carried part out with him!” “That’s right.” Rafe turned on Tom Blazer. “Your eyes seem to be as amazin’ as your brother’s. You can see through a wool blanket!” Blazer sat up with a jerk, his face dark with sullen rage. “Listen!” he said. “I’ll tell you-was “Wait a minute!” Rafe whirled on him and thrust a finger in his face. “You’re not only a perjurer but a thief! What did you do with that Winchester Bonaro dropped out of the window?” “It wasn’t no Winchester!” Blazer blared furiously. “It was a Henry!” Then, seeing the expression on Barkow’s face, and hearing the low murmur that swept the court, he realized what he had said. He started to get up and then sank back, angry and confused.