Thirty-four

Tom called Phoebe as his first witness when it came his turn. The woman’s voice shook, and she dabbed her eyes with a serviceable handkerchief.

“My girl is not mad, nor has she ever shown any sign to be. She grew up with a respect for all livin’ creatures. But she changed when she married Jeremiah Foltry.”

“Changed how, Mrs. Sutton?”

“For one thing, Mr. Sutton and I didn’t see her much. When we did, I noticed she never smiled anymore an’ she never came around us what she weren’t covered with bruises. Jessie had a sadness deep inside her that seemed to eat at her soul. I knew something bad was wrong. We’d always been so close.” A pitiful sob escaped from Phoebe. She buried her face in the kerchief, unable to continue.

Jessie ached for her mother. She shouldn’t have put her through this. The blame sat squarely on her own shoulders. It was no way for a daughter to repay the woman who’d brought her into the world.

“I’m sorry, Mrs. Sutton. This is terribly hard on you.”

“I raised my girl in the faith, an’ she wouldn’t have shot the man less’n he durn sure deserved it.”

Parker walked toward his seat, then he whirled. “One more thing. You received a note from Miss Jessie, didn’t you?”

“About a year ago, I reckon. It said for us not to worry if she didn’t see us for a while, but that ever’thing was fine.”

“You knew ‘everything’ wasn’t fine, didn’t you?”

“Mr. Sutton and I knew Jessie lived in a terrible situation and there weren’t a blasted thing we could do about it. That’s what killed my Zack—a broken heart.”

“Thank you, Mrs. Sutton.” Tom turned to the judge. “I call Mrs. Jessie Foltry McClain to the stand.”

Oh no. She couldn’t get up there. She couldn’t sit in that chair facing all these people and tell them what Jeremiah did to her and what she did back. There were things she’d told no one, not even Duel. Jessie shook her head vehemently.

“Please,” she whispered.

“Come, Miss Jessie.” Mr. Parker gently took her arm.

Moving against her will, she let the man lead her to the ill-fated seat at the front of the room. Her legs gave way, and she collapsed into it.

“Do you swear to tell the truth, the whole truth, so help you God?”

Her hand shook where it lay on the Bible.

She didn’t know if the word would come out or if it would stick in her throat. She opened her mouth.

“Yes,” she managed with downcast eyes.

“I know this is very painful for you, and I’m indeed sorry.” Tom Parker took her hand in his, and it gave her strength. “How long were you married to Jeremiah Gates Foltry?”

“Eight years, give or take a few months.”

“Do you suffer from fits of insanity as Morgan claims?”

“I’m very sure I have my right mind, Mr. Parker.”

“Now that we’ve got that cleared up, did Jeremiah ever strike you?”

“Yes.”

“Break your bones?”

“Yes.” Dear God, do I have to relive every detail?

“Burn you?”

Jessie could only nod her head. These were things she’d spent almost a year trying to forget.

“Tell the court what kind of man Jeremiah was.”

“He threw terrible temper fits. He did things, awful things. Seems the more he hurt people and animals, the more pleasure he took from it.”

“What did you do to bring on this kind of rage?”

A life free of Jeremiah had been all she’d ever wanted, and it was that very thing that made him so angry.

“I tried to run away.” The words came softly, pulled from her mouth by an unseen hand.

“How many times?”

“I lost count after fifteen. It became like a game to him. He’d leave a way open to me on purpose, then get Morgan and Evers to chase me down and bring me back.”

“We heard testimony that you conceived a child. Was Jeremiah the babe’s father?”

“Yes!” The answer exploded before she could stop it.

“But he denied it?”

“Although he never had reason to think otherwise, he claimed the child wasn’t by him. I swear on the Holy Bible that I never laid with any other man—until I married Duel McClain.”

“So he viciously killed it.”

“Jeremiah said even if it was, he didn’t want his seed growing in my body. Said I wasn’t fit. He kicked my belly, then slammed my head against the floor. When I came to, I was alone. I couldn’t get up. The pain in my stomach made it impossible.” She wiped her eyes, trying to rid her head of the memories, trying to stop the quaver in her voice.

“Blood soaked my dress and the floor. A broken broom handle lay beside me. I knew he’d violated me with the jagged end because blood stained it also. I can never have children.” There, she’d told the part she hadn’t even shared with her tall Texan. The slate was clean.

She twisted the plain gold wedding band Duel had placed on her finger. Now he knew how broken she was. For a moment she wondered if he’d have given her the treasured gift if he’d known everything.

“Your Honor, I have a highly unusual request. I’d like to ask Miss Jessie to turn around and slip her bodice off her left shoulder.”

“I object, Your Honor!” Langtree bounded from his chair, his buck teeth seeming to pop from his mouth. “This ain’t a bawdy house. What are you tryin’ to pull, Parker? Big-city lawyer come in here an’ try to push your way around, treat us like yokels.”

Tom Parker ignored the flustered opposing counsel. “I beg the court’s indulgence, Your Honor. I seek to prove the depth of Jeremiah Foltry’s degradation. I have the right to prove my client suffered undue provocation and that she was entirely justified in the steps she took to protect her life. This is substantiated by the callous murder of his own child.”

Judge Warner leaned forward, a frown on his face. “You’re not trying to give this court a song and dance, are you, Mr. Parker? I wouldn’t take kindly to such behavior.”

“I assure you, Your Honor, I have only pure intentions. I feel it’s in the best interests of my client. After all, she’s on trial for her life. She’s entitled to show all the facts.”

“Surely you ain’t gonna buy that hogwash, Judge.” Langtree became extremely agitated. “It’s not gonna work, Parker.”

Jessie felt the sting of mortification. Undress in front of this crowd of people to show the world her mark of shame? How did he even know about it? Duel was the only person she’d told. Silently, she begged the judge to refuse.

“I’m going to allow you some leeway, Mr. Parker. But I’m warning you. This better not be your attempt to dramatize these proceedings, or I’ll see you disbarred.”

“Thank you, Your Honor.” He turned back to Jessie. “I realize you loathe doing this thing I ask, but please know I wouldn’t request it if there were any other way.”

Under Tom Parker’s sympathetic touch, Jessie turned her back to everyone. The buttons stubbornly refused to go through the holes as she became all thumbs.

“Please don’t make me do this,” she whispered, deeply humiliated. “Please.”

“I wish there was another way, Miss Jessie. I truly do.”

Finally, the buttons came free, and she draped the layers of material, chemise and all, baring her left shoulder.

“Oh my God!” slipped from Tom Parker’s mouth.

Audible cries of anguish sped rampant through the saloon. The shame she bore lay open for all eyes. Her cheeks stung. Breaking, she hid her face in her hands.

As the shock died, absolute quiet took its place. The only sound was Tom Parker clearing his throat of some mysterious obstruction. Jessie’s furtive glance found him wiping his eyes.

His soft words had great effect. “People of this court, ladies and gentlemen, I offer the most damaging proof of Jeremiah Foltry’s fury. Sickening though it is, I believe words alone could not do the horrible deed justice. Branded like an animal so no one would doubt that she was his property. I ask you, is this fair and just treatment of a husband toward his wife?”

Gently, Parker tugged the fabric up to once again hide the monstrous Diamond J. Jessie made herself decent. When she turned around, she was surprised to see Duel.

He held forth his arms. Mindless of the people who watched, she fell into his embrace and the comfort he offered.

This Texan was her shelter, her savior, her love for all time.

“Hush, darlin’, I’m right here beside you.” He held her trembling body tight.

“Mister McClain, this is not allowed. You can’t—”

“The hell I can’t, Judge. This woman’s my wife. I mean to be by her side through the rest of these here doin’s. I have an obligation.” His tone brooked no dispute. The jut of his jaw underlined his determination.

“Son, take the empty chair at my table.” Tom Parker tried to soothe the savage beast in his former son-in-law. “I have a few more questions, then she can sit beside you.”

Jessie felt cold and alone when Duel released his hold and stalked to Mister Parker’s table. She knew he didn’t like it, but he respected Tom Parker.

“Now, Miss Jessie, how did you get the brand?”

“I’d tried to run away. Morgan and Evers caught me. When we got back to the ranch, they held me down while Jeremiah seared me with the hot brand. He did it to remind me what would happen if I continued to try to escape.”

“One more thing and we’ll be finished, my dear.” She liked the genuine fondness in his tone, trusted the flicker of faith she saw in his eyes. “What happened the night Jeremiah died?”

“He told me that I was worthless. He didn’t want me anymore, so he was giving me to Morgan and Evers to use as they wished. He struck me across the face several times, then pushed me toward them.” She tried to still the quaver in her voice, struggled to hold up her head with pride. She almost succeeded. “He treated me like a discarded piece of meat. I wasn’t going to let him hurt me anymore. Not Jeremiah. Not anyone.”

“You became enraged?” Parker probed the old wound.

“I knew if I didn’t do something, one of the three of them would kill me before the night was over.” She took a deep breath. “I grabbed Jeremiah’s pistol from his holster. I aimed it at his chest, and I pulled the trigger. I don’t remember much else until I rode into Duel McClain’s camp.”

Silence met the end of her testimony. Langtree sat unmoving. In light of the overwhelming evidence, he waived asking her any questions, for which Jessie was supremely grateful.

“Thank you, madam.” Then, Tom Parker took her hand and helped her back to her seat beside Duel.

“Mr. Langtree, do you have anything to say as we conclude this trial?”

“Yes, Judge. Despite the sympathy of this court, Jessie Foltry did willfully murder her husband. The law states that murder is murder no matter the circumstances, and she should be punished to the full extent of such law.”

“Mr. Parker, any argument?”

“Judge, gentlemen of the jury, the Declaration of Independence gives everyone the inalienable right to life, liberty, and the pursuit of happiness. It doesn’t say everyone but Jessie Foltry McClain. It says every citizen has the right to keep their own life and to be free of oppression. Jeremiah Foltry tried to take that from her. He meant to do so once he’d totally destroyed her body and soul.”

Parker turned to his client and pointed. “But though he did torture and maim her body, Jeremiah Foltry could not destroy his wife’s spirit. That was one thing he could not touch, and it filled him with horrible rage. No matter what punishment he devised, she continued to seek escape.

“Miss Jessie hated the taking of his life. It went against everything inside her. However, to save herself, she did what any man or woman here would’ve done. She has to live with her actions, which is punishment enough. I leave it in your hands. God have mercy on your souls.”

“It’ll be over soon, sweetheart.” Duel placed his arm protectively around her shoulders.

“Jury members, proceed into the next room and decide the guilt or innocence of Mrs. Foltry.” The gavel soundly struck the table.

Through a misty blur, Jessie watched the somber-eyed men file out the door. They held her life in their hands. From the expressions on their faces, they appeared to have already decided her fate. None glanced in her direction, and the steely coldness emanating from them chilled her.

“They reached a decision before they even left the room.” She clutched Duel’s hand. “Remember your promise to leave and take Marley Rose. Remember?”

“Jess, don’t give up now.” He caressed her cheek with a knuckle. She leaned against his strength. “They’ll do the right thing. What do you think, Tom?”

“Unless I miss my guess, Miss Jessie, you’ll soon have your name cleared. You did real good.” The man laid his big hand on her shoulder. “You make me mighty proud.”

“Amen to that, Tom,” Luke added, deeply moved.

The entire McClain clan stood protectively around, shielding her from the town’s misguided cruelty. Holding Marley, Phoebe entered the circle they enlarged to accommodate her.

Thickness blocked her ability to speak. For all those years, she’d stood alone with no one to lean on. Now generosity and love surrounded her. Indeed, she’d been blessed.

Suddenly, the jury was filing back into the room.

“Oh no, Duel. They can’t have decided this quick; they just left a few minutes ago.”

She’d known the men had made up their minds before they went behind closed doors. It could mean only one thing.