Andreas, Doos, Gideon, Paladin and William take seats in the courtroom. It the same one as for the accused rapists trial, but this time there are some spectators. Clean young Anglo men with pencils and clipboards in their laps. Law students, perhaps. A lady sits at a little table beside the judge’s bench and the witness stand. Two flip-over notebooks, three sharpened pencils, and a gum eraser sit in the table. The woman has an impassive and patient as a tree, but intelligent look on her face. Doos says to William,
I bet I could make a poker player outa that gal. She’s got the look of a good one.. A jury of mostly old folks-- retired craftsmen, merchants, ranchers, and not quite retired yet church ladies-- sit in chairs along the right wall. All are Anglo, except to three old Tejano men.
Two lawyers stand near the bench, no doubt discussing charges, plea deals, and jail terms. Doos knows one of them. He’s Temple Houston, the Austin attorney who let Doos use law library. The son of Texas Revolution general and Republic of Texas President Sam Houston. Doos hasn’t seen the other lawyer before.
A door at the back of the room opens. It’s the one the witnesses last saw the sobbing attempted rapist go through with the county deputies. The court bailiff with stout, baby-faced rustler Mark Davidson comes through it, handcuffed and in a black and white striped prison suit, with two shotgun-armed state penitentiary guards behind. Davidson doesn’t look very cheerful. His face is thinner, almost drawn. He’s got some days of stubble on his face. It seems that the past three nights and two days in jail didn’t agree with him very well at all. The guards sit him at the defendant’s table to the left, on the other side of the rail, and chain his handcuffs to it. Davidson looks around the room and spots the witnesses. He gives them look that seems to intend to inspire pity and a guilt. The guards say some words to the court bailiff, who wears a belt with two pistols with leather covers over the holsters. They go back through the door that prisoners come in and go out of.
Temple Houston comes and sit with Davidson at the table and confers with him in a low voice. Davidson nods his head in agreement a few times.
The guards return with rustler Mike Duncan. Other being cuffed, wearing a striped suit, not having a hat,and having beard growing around his mustache, he doesn’t look much different than when the witnesses brought him from Blanco County to Austin. The guards seat him in a chair by the left wall and chain his handcuffs to an iron plate on the floor.
A man in robes comes out of a door at the other side of the back wall, moving quickly as if ready to get straight to business. He takes his seat at the bench. The bailiff calls out,
All rise! and all do, Mike Duncan and Gideon McLaury a little slower than the rest. The judge notes Gideon’s appearance today-- in his shirtsleeves, shirt tail not tucked in, hair not combed-- and gives him an appraising stare, but doesn’t say anything. He directs everyone to be seated.
State of Texas v. Mark Davidson, State Court Case No. 90479 The woman’s pencil flies over the notebook in her left hand, her face expressionless. The young men write on their papers as well. The judge looks at the defendant.
Mr. Mark Davidson. Temple Houston takes Davidson’s elbow and they both stand. You are charged with:
Theft of horses, 10 counts;
Purchase of a stolen horse, 6 counts;
Conspiracy to purchase a stolen horse, 6 counts;
Trafficking in stolen horses, 10 counts;
Conspiracy to traffic in stolen horses, 10 counts;
Conspiracy to alter registered horse ownership brands, 10.
How do you plead?
Temple Houston buttons the top button of his jacket and says, Temple Houston, Public Defender for the defendant. Your Honor, my client pleads guilty to purchase of stolen horses, conspiracy to purchase a stolen horse, and trafficking in stolen horses: six, and not ten counts. The judge blandly replies, Please explain your case for that, Counsel Houston. Houston states, Your honor, my client is a junior and comparatively new member of a gang of horse rustlers led by the recently deceased (shot and killed by witnesses and victims of horse theft now present in the courtroom), Richard “Rick” Duncan, Phillip Duncan, and Michael “Mike” Duncan. Michael Duncan is the defendant in the court’s next trial, and he is also present. [/dialog]He gestures to handcuffed and chained Mike Duncan in his striped suit. The man doesn’t change expression or bat an eye.
”Theft of horses, 10 counts.” The defendant Mr. Davidson was involved in the purchase of six horses that had been stolen by a group of adolescent miscreants. He was not involved in the theft of the horses.
“Trafficking in stolen horses, 10 counts.” Mr. Davidson was present at a certain farmhouse in Blanco County, Texas, when members of the Duncan group of rustlers brought in four horses with the brands of various owners. It seems safe to assume that the horses were stolen. But we cannot assume that the defendant was a party to the theft. He was in the farmhouse when the stolen livestock arrived from beyond. Nor can we assume-- or prove-- that he conspired to make plans for the theft. Whether the assumed theft was planned, or say, simply the result of impromptu action when an opportunity presented beyond knowing, or even speculation. We do know that the defendant was involved in receiving the six stolen horses from the adolescents, in exchange for pay. Thus, six, and not 10 counts.
(Gideon McLaury seems to be not listening at all. He’s fascinated by the court reporter’s nimble and rapid stenography on her pad).
“Conspiracy to alter registered horse ownership brands, 10 counts.” It’s true that equipment for altering brands was found at the site. But the State has no evidence that the defendant was involved in altering brands, or even had knowledge that brands might have been altered.
The judge looks at the other lawyer on the floor-- the prosecutor. The man nods his assent. The judge looks Davidson in the eye and says, Do you agree to this plea, Mr. Davidson? Davidson now looks more worriedly confused. It seems that he didn't understand the plea Houston described. The judge says, Do you confess to helping the Duncan brothers rustlers buy stolen horses from some boys, Mr. Davidson? But not to stealing them yerself? And not to being a part of planning to steal the other horses that were brought in? Davidson looks at Houston, who gives a reassuring nod. The young man says, Yes sir, Judge, I do.
The judge says, Purchase of stolen horses, six counts: three years imprisonment. Conspiracy to purchase a stolen horse, six counts: 4 years. trafficking in stolen horses, six counts: six years. Sentences to run concurrently. Possibility of a reduced sentence or parole after three years of good behavior. He brings his gavel down. Davidson, who just a few days before expected to swing from a rope, looks positively relieved. Almost happy.
The prosecutor says, Your honor, the defendant may be needed as a witness in the upcoming trial. The State requests that he remain in the courtroom. The judge nods and says to the bailiff, Rusty, swap the prisoners, please. The prison guards do that, Davidson and Duncan exchange places, and both are again changed.
Temple Houston walks over to the prosecutor and they again confer in low voices. Around a dozen people, apparently a family and extended family, come into the courtroom and take seats in the spectators area. They wait, possibly to witness the upcoming trial of a family member. The prosecutor goes to the bench and says a few things to the judge. Houston returns to the defendant’s table, takes the seat beside Mike Duncan, quietly advises him. Duncan just says, Yeah, alright. The judge doesn’t waste any time.
The State of Texas v. Michael Duncan, State Court Case No. 90480. The woman’s pencil again begins flying. Houston and Duncan stand up, Duncan taking his time doing it. Gideon says, Ain’t it just dandy how fast that lady can write in that little book? Looks like she can write “conspiracy to traffic in stolen horses” with just a half dozen little jots. Too bad she got a ring on her notebook hand and is off the market. The judge says, Mr. Michael Duncan. You are charged with:
Theft of horses, 10 counts;
Purchase of a stolen horse, 6 counts;
Conspiracy to purchase a stolen horse, 6 counts;
Trafficking in stolen horses, 10 counts;
Conspiracy to traffic in stolen horses, 10 counts;
Conspiracy to alter registered horse ownership brands, 10 counts.
How do you plead?
Houston stands and buttons the top button on his coat. Your Honor, Temple Houston, Public Defender. The defendant would like to enter a guilty plea to…. The judge raises a hand to stop him. I’m sorry to interrupt, Counsel. If you’re going to present the same defense as in the last trial, we can skip it and proceed to sentencing. Houston replies, Yes, your honor, the argument is the same. The two man have the same situation: Neither stole horses, both were involved in buying stolen horses, and both were inside the house when the four other horses were brought to it.
The judge nods. Mr. Duncan, do you plead guilty to the crimes of being a part of buying six stolen horses, with the intent to sell them? Duncan says, Yeah. I’ll take the same deal. The judge replies, The court isn’t offering “the same deal,” Mr. Duncan. It’s asking for your plea. Sentencing-- the length of a prison sentence-- can differ. Duncan looks at Houston. Houston nods to affirm. Duncan says, Alright. I plead guilty of doin them crimes. The judge says, Mr. Duncan, do you feel any regret or remorse for stealing people’s horses? Their valuable possessions, they they might need on a daily basis for their very livelihood?
Duncan doesn’t hardly think for a minute. Nah, judge. I won’t lie to ya. I used to say, “I may be dumb, but I’m not stupid.” It would probably be better for me to suck up to ya, like Davidson over there is always doin.” But I’m “poor but proud.” “Peasant’s pride,” some call it. Dumb, and stupid. I’m a horse thief, but I ain’t no chicken shit liar. If I come back from the War agin as a kid with no two nickels to rub together, I’d do it agin. Before I’d sweep floors fer no store keeper or saloon owner. The judge says, Aren’t there are other ways to make an honest living, Mr. Duncan? “Cattle is king” in Texas and the ranches and trail herds are always hiring. Duncan replies, That’s damn hard , dirty work, judge. With no company dumb heifers and dumber goat roper shit kickin cowboys. Even the Army in the war was better. Some boys had surprisinly good jokes.
The judge pauses for moment. Well. Mr. Duncan, you could be sentenced for 45 or more years in prison for the crimes you’ve confessed to. And you admit to being unrepentant for the crimes It seems likely you'd do similar again, if released. But you’ve been honest with the court. Seven years imprisonment, with a chance of reduction of sentence and parole after 2.5 years. The gavel again smacks the table. The law students start their commentaries on legal events again. The woman places a few more marks, looks over her work with a critical eye, and lays the notepad on the little table.
Gideon McLaury cranes his neck to take a look. Look at that, Mr. William! he says. It ain’t even English writin! It’s jist little swoops an swirls! All that jawin, and that’s it? The man seems awestruck. I tell ya, that gal would make a fine cards player. We stuck around waitin fer this damn ole rustlers trial, and they dint even call us as witnesses. But it was worth it, seein that lady do her magic.
The men leave the courthouse at only half past 10:00 in the morning. Plenty of day ahead left, a city-wide shooting contest toward the end of it. Doos considers how the twin trials proceeded and were conducted. The way of holding one defendant's trial in the presence of another defendant who might be needed as a witness seems suspect. And then to do the same thing again, but with defendant-witnesses swapped. He knows in theory that's not according to Hoyle. And he goes through the fascinating exercise of drilling down to figure out what authority says not.... Habeas corpus for criminal defendants? The rule against double jeopardy.... Judicial procedure for trials of co-defendants.... Conflict of interest arguments for witnesses who are also co-defendants.... He steps to dodge his boot from a horse plop in the street, senses an imminent pedestrian collision in front of him, stops and looks up and--
Darwin? Captain Crockett? "Captain Doc"? https://www.unseenservant.us/forum/view ... 96#p678696
