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jemmus wrote: ↑Sun Jul 30, 2023 11:13 pm William and Paladin discuss and consider approaching the Rangers again about the rustlers case. They both wonder if they might have misread the Rangers captain’s reticence in saying things directly as apathy or indolence. These Texans, from cowboy and on up, have a strange culture. It seems that they don’t ever fully say what they mean. Maybe it’s because honor demands that you just state the facts for the other party to act on. Maybe it’s because if they open their lips too wide, a fly from their horse or a nearby cown might get in. In any event, the men recall the one-armed Rangers captain presenting a map of the counties west of Austin. Blanco County. Burnet County.

And then, the sunburnt old captain drawing the same finger over to two rewards posters.
REWARD OFFERED
$250 in Silver Dollars and/or Bank Notes
For information leading to the arrest and conviction of Stagecoach Robbers and Murderers on the Austin - Fredericksburg highway.
WELLS FARGO OVERLAND COACH LINES COMPANY
Commerce Street
Austin, Texas

REWARD OFFERED
$250 in Silver Dollars and/or Bank Notes
For information leading to the arrest and conviction of Stagecoach Robbers and Murderers on the Austin - Burnet highway.
WELLS FARGO OVERLAND COACH LINE
Commerce Street
Austin, Texas

If there is adequate time before the trial Let's say at least an hour+, William will head over to the Wells Fargo office/depot on Commerce Street and inquire about the troubles they've been having on their Austin lines and what information they have on the robberies, specifically looking for repeated descriptions of men or horses as well and anything that stands out about their MO, or the locations they use. If there isn't time before the trial starts, same idea, but after.

William follows the directions of the deputy, and listens attentively to the Judge, trying to get a feel for how "law" is done here.

William's visit to the Wells Fargo office is in his new solo thread. https://www.unseenservant.us/forum/view ... 57#p667257

The Travis County men of various occupations look at the accused attempted rapist Henry Lynn Johns and wait for his answer to the judge's query. The two Travis County deputies, one with scattergun and pistol, the other with just a heavy handgun, stand in set positions in the courtroom, looking rather bored. Just another day of work. Johns sits handcuffed in his chair and looks pretty glum. I didn't do any of those thangs. Not guilty of all of em. I don't know why everbody's makin such a big outa kissin a girl who wanted to be kissed. There ain’t no law against that.

Judge Samuel Hill says, Well then, Mr. Johns, we’ll proceed with trial. The lawyer says, The County calls Mrs. Leora Polk as its first witness. The deputy with only a gun belt escorts the woman with John Polk through the bar’s gate and to the witness’s chair by the judge’s bench. The gives her a Bible and the judge swears her in. The lawyer says, Mrs. Polk, tell us what happened, to the best of your recollection.

The woman says, I remember it as plain as day. Who could ever forget such a thing? That man rode up to our ranch and asked my husband if he and his horse could spend the night in the barn. My husband, bein a Christian, invited him to stay in the house and have supper with us. He was entertainin company during supper, quite a charmer. He complimented my husband’s cattle, my cookin, and our daughter Edna’s good looks. Not in so many words, but by hints and looks. Little Edna was blushed. She’s just a 17-year-old country girl, compliments like that from a young man would naturally flatter her.

Well, I made a quilts pallet in the parlor room for him to sleep on, and we all went to bed. The next morning we all woke up and I cooked breakfast for everyone. That man was still lookin at Edna all sweet, bold and as plain as day. But he said he’d be movin along, and thanked us for our hospitality. We said good-bye, and he went to the barn to saddle his horse. I sent Edna to gather kindling for the stove, like she does every day. Oh, how I wish I hadn’t done that! I’ll regret it to my dyin day. I should’ve kept her in the house, and not sent her off on her lonesome like that. I’ll never forgive myself for my foolishness and stupidity.

Well, Edna was slow at returnin, but I didn’t think anything about it. She’s at that age were a girl needs a little privacy away from her parents sometimes. All girls are like that at that age. But then, here came Mr. Pablito Garza and Mr. Hector Martinez, with Edna on Mr. Garza’s horse behind him. Her face was red and puffy and she was cryin her eyes out. Mr. Garza told us what they saw at the river, and how that man ran away when they confronted him. Edna was inconsolable all day into the night. She kept sayin, “Mama, nobody will marry now! Nobody will marry me now!” It was heartbreakin. It would break any mother on this good Earth’s heart.

The attorney says, Thank you, Mrs. Polk. The deputy escorts her back to her seat in the public side of the courtroom. The County calls Mr. John Polk to serve as a witness. Polk takes the witness chair and the judge swears him in. Do you agree with your wife Mrs. Polk’s testimony, Mr. Polk? the lawyer asks. Well, I wasn’t there at the moment Mr. Garza and Mr. Martinez arrived with Edna. I was in the pasture fixin to start fixin a fence. But when I got to the house, they told me the same thang. What my wife said about Edna inconsolable and what she was sayin is true. He looks in the eyes of the members of the jury. For the sake of yer own daughters, wives and sisters, y’all better…. Judge Hill taps his gavel on the bench and interrupts. Mr. Polk, witnesses may not address the jury. It’s the law, and it's been the law since before the Mayflower. Polk stands and returns to his seat.

The County Attorney says, The county will now call as witnesses the men who encountered the defendant on the highway and brought him to the county seat and state capital of Austin. We will proceed in alphabetical order. First, Mr. Jonathan Doos. Mr. Doos, I am informed that you are a judge. I don’t know of what jurisdiction or of which state. But I will politely remind you that your role in this trial is as a witness, not as a judge or attorney. Please do not comment on the law, as may be applicable or not applicable.


Doos is up. William and Doos (and anyone else) can roll Law rolls to see if they notice anything how this attorney has handled the two witness so far. Anyone without the Law skill needs a 1 to succeed.

William pays close attention to the lawyer's questioning.

Law 12 [1d20]=6

Doos does not think the prosecutor has been hard hitting enough. Law 17 [1d20]=18

He has a little scowl on his face as he takes the stand.

"Of course your honor, never would."

Doos will tell of the accused trying to buy a horse from us, being scared and offering everything he had for a new horse and we restraining his horse so he could not leave. Doos hearing the story and getting the statements from the other two men and the father and not being allowed to speak with the daughter; but all separate discussion all matched each others statements and what has been presented here today.

In the matter of the defendant himself, Doos will mention since he is a judge he has heard many men speak, he also had a long conversation with the defendant and I believe this is the type of man who is so good telling a story that is convinced it is the truth when he tells it, no matter what the truth is. And he has offered that he was about to take advantage of a young girl seemingly innocent girl with no intention of staying around.

Delivery roll, staying in the lines of the law and speaking in a way the people understand without using lawyer words
Law 17 [1d20]=9 Literacy 12 [1d20]=11

Doos

The County Attorney says, Thank you, Mr. Doos. And when Mr. Johns wanted to buy a horse, did he say why?
Did he say why he was in such a hurry that he wore his horse out?

If I recall correctly, He said he had bandits on my tail and his horse is worn out and want to give us $30 for a fair horse. Then after I convinced him he was lying, he said he was being hunted by a posse for rape even though the girl was willing. then he offered $40.00. When I held his reins and said we were going to talk to the people on horses, he got real mad, red up to here... Doos hold his finger to the top of his ear. and then threatened to shoot me, went to draw and my friend drew first on him and he did not and the other riders showed up."

Doos

The prosecutor pauses a little to let Doos's testimony sink in on the jury. Then he repeats what was said, perhaps for the jury's benefit. So Mr. Johns initially said to travelers on the road that he was being chased by bandits. And then changed his story to confess to being pursued by a posse of Mr. John Polk and his neighbors. Who were acting on a report from Mr. Juanito Garza and Mr. Hector Martinez-- and the accusing victim herself. He pauses.

Then, when you suspected a misrepresentation-- a regular, common enough lie-- you caught his worn out horse's bridle and stopped him from fleeing farther, he lost his temper. He lost his temper and started to draw on you, Mr. Doos. But he lost his nerve because your traveling companions were quicker on the draw and got the drop on him. And then he confessed to truth of the nature of his pursuers.

You then interviewed Mr. Juanito Garza and Mr. Hector Martinez, individually and separately. Who told corroborating stories-- the same basic story with the same account of the facts. To wit: They had come to the river to fish. They both heard a cry for help. They discovered young Miss Polk and the defendant Mr. Johns in a clear area inside a thicket of bushes. The defendant jumped up, bolted through the bushes, mounted his horse and road toward the highway. Where you and your fellow highway riders encountered him. Some miles away to the south. At which point he offered a nice sum of money for a change of mounts. First professing to be fleeing from highway robbers.

Thank you, Mr. Doos. You may be seated. The pistol deputy escorts Doos back to his seat on the public side of the bar. The scattergun deputy keeps an occasional eye on Johns and the other seated defendant. He's at an angle to be able to easily shoulder and fire the firearm at either at very short range, without endangering judge, jury, attorney, or witnesses.

The attorney announces, The County calls Mr. John Polk to the witness stand again. Mr. Polk, what do you know of Mr. Juanito Garza and Mr. Hector Garza? The man answers, Both a them men is the salt of the Earth. When it's time for brandin, castratin or dehorning, you can count on both Hector and Juanito give a hand, with a crew of their cowboys or not. We do the same fer them. Their families been in Texas before there was a Texas, and they fought for Texas in the Revolution against Santa Ana and Mexico.

They're honest ranchers, and they stand by their word. I bought young bull from Mr. Hernandez, but he turned out to be shootin blank. The cows and heifers got bred, but none of em alved. Hector offered to take him back and return the buy price. But I didn't take the offer. Them's the breaks when yer buyin a bull. Nobody knows what a young bull or heifer is gonna do.

The County Attorney steeples his fingers under his chin, contemplates, and takes a few paces around the courtroom floor. He looks at his notes written on papers on the right hand side table. He murmurs to himself, then looks up. Mr. Andreas Larson? Please take the witness's seat. The bailiff deputy escorts Andreas to the chair. Mr. Larson, you were with Mr. Doos during the events he described. Do you agree with his description of them? Do have anything you'd like to add?

Andreas is up.

jemmus wrote: ↑Fri Aug 11, 2023 6:24 pm

Did Andreas, Doos and/or William join Paladin on the railroad job? That is currently going on, chronologically before the trial started and before the first testimony.

Doos was planning on helping out.

Doos

Thank you, Mr. Larson. Please take your seat. The lawyer again looks at his notes. The County calls Mr. William Moore as a witness. When William is in the witness seat and sworn in, he says, Mr. Moore, do you also agree with Mr. Doos' testimony. Is there anything you would contradict, or like to add?

William I can confirm Judge Doo’s testimony and I accompanied him and listened as he interviewed the witnesses. He went out of his way to be fair and gather the information to ensure justice was done in a court of law.

William will answer any follow-up questions honestly and to the best of his ability. If asked for his OPINION, he will share that he has no doubt as to the man’s guilt. But he won’t volunteer that unless asked.

The County Attorney says, Thank you, Mr. Moore. You may take your seat. He again looks at the paper on his desk. The County calls Mr. Gideon McLaury as a witness. Gideon stands, says to the deputy, Ya don’t have to escort me to the witness chair, I can find it. He makes his way over to it and sits down, making a show of ignoring the judge seated above him.

The County Attorney says, Mr. McLaury, do you generally agree with what Mr. Doos and Mr. Larson have said? Gideon replies, Yes I do. That saddle bum there said one thing, then quick enough went back on his story and tole another. I don’t care if the girl wanted to spoon with him or not, tryin to take advantage of a little girl after her dad and ma fed him two good meals and put him up for the night is a damn low-life crime. The bastard probably fed his horse in the bard good on their hay and grain, too. If it was me, I’d lock the lyin panhandler up and keep im out a everbody’s hair for a few years. I suppose he'd still be eatin for free at everybody else's expense, but with a damn jasper bum that's bound to happen. Fer life.

The judge taps his gavel and sternly says. Mr. McLaury, your role as a witness is to state what you observed, not to express your opinions. And I’ll have no more swearing in this courtroom.

The attorney seems satisfied and briefly smiles. He says, Thank you, Mr. McLaury. May the jury note that Mr. McLaury has confirmed Mr. Doos’ and Mr. Larson’s accounts.

The County now calls its last witness, Mr. Paladin. Mr. Paladin, do you agree with the accounts the previous three witnesses? Is there anything you’d like to add?

Paladin is up.

Paladin took the stand.

"Yes, I agree with the accounts the previous three witnesses."

"I would like to add that in my personal opinion, based on observing the accused during our travels to Austin, he seemed a man of duplicitous character."

"Also, the emotions of the accusers seem to be genuine and truthful."

The County Attorney says, Thank you, Mr. Paladin.  May the jury note that the witness confirmed the other highway witnesses’ accounts.  The county will now call the defendant Henry Lynn Johns to the stand....  But at that moment the courthouse's heavy oak door swings opens and two men wearing badges engraved with Travis County Deputy Sheriff hurry in.  As fast a Texan not in an ongoing fight hurries, that is.  

The lawyer says, Your honor, these officers of the peace are witnesses we've been waiting for.  So as not to unduly be a burden on the court's time, the county was willing to proceed on.  But it now asks for permission to hear these officers' testimony.

The judge replies, Granted.  Please proceed.  

The taller, younger and little less grim-looking of the two deputies says, Sorry to be late, your honor, gentlemen, ma’am.  We got held up on county business.  A drunk was in the streets waving a pistol around and threatenin passersby.  But he's in the jail now and a doctor is tryin to save a foot.  The Travis County Sheriff's Office is ready to testify.  A man of the jury who may have thought that everything was all done with for this one (and possibly may have already made his mind up) sighs.  He take out a paper and long shred tobacco, rolls up a cigarette, scratches a lucifer match, and lights up.  That seems to seem like a good idea to some other jurors.  Some do the same, some others take a dip of snuff and start looking around for available spittoons. The bored-looking jurors lean back in their chairs.

The county calls Travis County Deputy Sheriff Ray Wiley Hubbard to the witness stand.  The deputy who spoke before takes the witness chair and is sworn in.  Deputy Sheriff Hubbard, and your fellow officer Deputy Sheriff Gary P. Nunn set out early this morning to interview the accuser and purported victim of several crimes.  Can you relate to the court your findings?

Well yes sir, I can.  Young Miss Pope had fallen ill and taken to bed, so we couldn't talk to her personally.  But her dad gave us this letter written by her.  We checked the signature, asked her mother to take a paper into the bedroom and have her sign it.  The signatures matched. He hands an envelope and a folded paper to the attorney.  We also tried to talk with some local ranchers, Misters Juanito Martinez and Hector Garza, who the victim's dad said came upon the scene of the incident. Neither of em was present at his ranch, and we couldn't find em in time to git back in time for this trial and the next one. Oh, and there was a report of a dead Hays County deputy sheriff and a dead gunfightin fella around a farmhouse way out in Hays County, past Stringtown. Not Travis County's truck, we couldn't do nothin. But we needed to report it to the state Rangers.   He takes a hard and knowledgeable look at the other other cuffed defendant awaiting today's next trial.

The County Attorney opens the letter, reads the contents, and looks at the other paper with the signature. The signatures are indeed the same. He walks by the jury stand, holding both papers up for the men to see. The reads to the court in a loud voice, inflected with tones, pauses, and accelerating rhythms:  
Dear Judge,
I am so scared that my hand can hardly write.  I went to gather kindling in the morning, just like Mama said and like I always do.  The visitor to the house come riding up smiling and said "Good morning, come on back of the horse.  I didn't know what to say.  I was afraid to refuse.  I was all alone far from the house with a man on a horse with a gun.  So I got on behind the saddle.  The next thing I knew, the man took me by the river and was kissing me.  And that's when Mr. Martinez and Mr. Garza came up, and that man rode away.  O!  I was so scared that there would be gun shots and wounds.  But there wasn’t any shooting.  Then Mr. Garza and Mr. Martinez took me home.  They were both very kind and gentlemanly. It was the worst day of my life.

Signed,
Edna May Polk

Mrs. Polk lets out a sob and breaks down in tears. Mr. Polk stares at the accused man, drilling holes in the back of his head with his eyes. The County Attorney gazes at the floor, the looks up solemnly and sadly. For a long, uncomfortable, silent, and Texas June afternoon time, there is only the sound of sobbing in the air. But, the County Attorney slowly but resolutive takes the letter and the other paper to the bench. Your honor, the county presents these two documents for the court’s verification of the contents.

The judge examines them and says to the jury, Gentlemen, the contents were accurately read to ya.

Well, the attorney says. He turns to the jury.  A thick cloud of tobacco smoke hangs over it, and slow smoke is rising from various sectors. There it is.  The first-person signed account of the terrible, depraved things that happened that morning. To an innocent young girl, who it took such a toll on that she fell ill and taken to her bed. And hasn’t yet recovered….  He pauses, looks down, and rubs his chin in contemplation. Then steals a glance at the jurors. A juror leans and hits a spittoon with a long-range, but accurate, shot.  The other jurors remain impassive and stony-faced. One of them inhales something the wrong way and has a fit of coughing.
Ahem. The county now calls the defendant Henry Lynn Johns. What do you have to say, Mr. Johns. I’ll remind you that a confession of guilt now could lead to a more leniency in sentencing. As would an expression of remorse.

Guilty to one of em, or all of em? If I heard right, yer saying I did three crimes at once. Assault and battery, kidnapping and attempted sexual attack. At the mention of the word “sexual,” Mrs. Polk, who was just quietly weeping, gasps. Then resumes her loud sobbing. I didn’t do no assaultin and hittin, and I shore didn’t try to kidnap the girl and take her away. As fer “attempted sexual attack,” I suppose I did that, if a girl gives ya the “come hither” look and ya “go hither.” What’s the deal if plead guilty? Exactly how many days er months.
The lawyer replies, Sir, and gentlemen of the jury, assault and battery is the crime of unwanted contact with a person’s body. Maximum penalty of a year of imprisonment. Kidnapping is bodily moving a person, with intent of restricting her liberty of mobility. Maximum of 10 years imprisonment. Attempted, ahem, sexual assault-- 20 years maximum sentence. He clears his throat. The penalty of hanging by the neck until dead is no longer allowed or imposed. By any legitimate court of law.

The defendant replies, Damn. That’s a damn harsh for the crime of friskin with a girl who is curious about things and eager to learn all about em. I’ll plead guilty to the assault and battery one. Cause y’all got me tight behind the eight ball.

The judge bangs his gavel and says. The defendant will note the previous admonishment of a witness! There will be no swearing or cussing in this courtroom! Proceed.

The county’s attorney replies to Johns, A wise choice, I believe, Mr. Johns. It behooves me to inform you that pleading guilty to one charge and innocent to others does not relieve you from being found guilty of all of them. It merely means that the court may allow sentencing periods to run concurrently, or otherwise show leniency in sentencing.

County Attorney, a word please, the judge says. They confer at the bench in hushed voices. The attorney returns.

Defendant Mr. Johns, Travis County court jury, I will amend that. The court has generously ruled that a guilty plea to one charge will void trial by jury for any other charges. In other words, if you plead guilty to assault and battery, the other charges will be dropped.

How do you plead, Mr. Johns? the judge says.

The accused rapist looks down and murmurs to himself, “one year….” With the eyes of hustler and survivor, he looks at the faces and expressions of the partially chawing jury with the cloud of gray smoke over their heads. Not guilty. I didn’t do any a that “unwanted” stuff. That girl is a heifer ready fer breedin, and it ain’t no fault of the neighbor’s bull if it crawls the fence.

Mrs. Polk bursts into sobs again. The jury members break out into mixed expressions of surprise and groans. Immediately followed by universal rumbles and grumbles. Seems they don't like the inconvenience of jury duty much.