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Judge Alexander Washburn (washburn)
Thu, Apr 19, 2007 - 01:13 pm |
Jury selection went fairly smoothly as Judge Alexander Washburn presided over the process in which both lawyers questioned the potential jurors until the required six were chosen for to fill the jury box for the upcoming murder trial. Marshal Matt Gillen was present at the selection as well.
"Marshal, the trial is ready to begin once you have rounded up all of the witnesses for both sides and let the public know so there can be spectators if they want to sit in on the trial."
"Members of the jury, it is in your hands to determine the innocence or guilt of the accused man and, if you find him guilty, you will also be in charge of handing down his sentence, whether it be hanging or prison time or probation, as well." "Remember, this man's life is in your hands." |
Anonymous
Thu, Apr 19, 2007 - 01:44 pm |
"Thank you your honor my deputy and I will do that right away."
Matt and Amos rode about town and the outskirts advising the witnesses the trial is about to start, to get to the court house immediately.
Both men also spread the word throughout town and told others to also do so. The jury has been selected and the trial will be open to the public.
By 1PM the witnesses were in two seperate rooms and the court house full of spectators.
The bailiff, retired Texas Ranger - "Big" Pete McGowan called for quiet and for everyone to take their seats.
Several minutes later in his deep gruff voice he called out.
"This courtroom will come to order, all rise, Judge Alexander Washburn pre-siding. |
Judge Alexander Washburn (washburn)
Thu, Apr 19, 2007 - 02:18 pm |
Judge Alexander Washburn walked in and took his seat as the bailiff called out in his deep gruff voice, "Everybody may now be seated." After everybody was seated, Judge Washburn picked up a paper and announced; "This is the case of the territory versus Ben Knox for the murder of one Red Sloan, a miner."
"The trial will began with the two lawyers present making their opening statements to the courtroom." "We will start with Mr. Jeff Roads, the defense lawyer for the accused." "Mr. Roads, you have the floor, sir." |
Jeff Roads (jeff)
Thu, Apr 19, 2007 - 02:49 pm |
Jeff Roads rose and faced the jurors.
"Gentlemen I will prove to you that Mr. Knox is not a cold blooded murderer, or a murderer of any caliber. He is a family man dedicated to his wife, to his farm and to his community.
He took a night off from hard work, one of the very few that he takes off. To come to town to play a friendly game of cards and have a few beers with his friends.
He watched Red Sloan carefully as the game progressed, because he felt the game was not going honestly, especially when Red Sloan dealt. My client even called for a new deck of cards thinking that maybe somehow the ones being played with were marked. He checked the old deck but did not see anything out of the ordinary.
Red Sloan had been accused in the past of cheating but it was never proven, and rarely challenged because he was such a bully, and people feared him.
But my client, the accused, Ben Knox did catch Mr. Sloan palming a card while dealing and challenged him. Red Sloan being the cheat that he was and good at it, good because he was never caught or challenged until now. Deftly returned the card to the top of the deck.
My client challenged him and called him a scoundrel and cheat, he was extremely exasperated, when Mr. Sloan angrily and hastily pushed his chair back and pushed aside his jacket as to draw a weapon, Mr. Knox fearing for his life, because of the known reputation of Red Sloan and the thought that he would be shot, my client drew and fired a shot into Red Sloan, hitting him in the chest.
Gentlemen Ben Knox is innocent, he felt he defended himself from being shot by the card playing cheat and scoundrel Red Sloan.
Thank you gentlemen"
Jeff Roads took his seat. |
Attorney Wilson White (wilson)
Thu, Apr 19, 2007 - 05:12 pm |
Judge Alexander Washburn said, "We will now hear from Mr. Wilson White, the prosecuting lawyer for the territory." "Mr. White, you have the floor, sir."
Mr. White slowly arose from his seat, walked over to the jury, leaned against the wall of the jury box and said, "Members of the jury, my colleague has drew you a pretty picture of a good family man coming into town to enjoy a night of drinking and playing a friendly game of poker with his buddies." "Claims his defendent, Ben Knox, caught Red Sloan cheating at cards and Red Sloan, supposely went for a gun that he wasn't even wearing and his defendent drew his gun, firing and killing a man that wasn't even armed."
"However, I am going to prove to the court, beyond a shadow of a doubt, that that fantasy story is not the truth of the matter." "I am going to prove that Ben Knox hangs out at saloons all the time, wasting his money on booze and cards, leaving his farm and wife in neglect." "Then he staggers home to his wife that he constantly beats every time that he gets drunk." "Ben Knox has a bad temper and is a sore loser that accuses everybody that beats him at cards of being a cheat." "No law against any of that but Red Sloan was afraid of being killed and stood up to get away from Ben Knox and Ben Knox shot and killed Red Sloan, an unarmed man, in cold blood." "Now, that is against the law and that is why we are in this court room today."
"Thank you, members of the jury."
As Wilson White returned to his seat, Judge Washburn said, "Mr. Roads, you may now call your first witness to the witness box, please, and bailiff, please swear the witness in." |
Jeff Roads (jeff)
Thu, Apr 19, 2007 - 07:33 pm |
"Defense Attorney Roads stood... "I call Mrs Knox to the stand."
She was brought into the court room and sworn in by the bailiff.
"Mrs Knox I offer my sympathies in the loss of your husband. The prosecutor claims that your husband hangs out in saloons all the time, wasting his money on booze and cards, leaving your farm and yourself in neglect. Is this true."
Mrs Knox sobbing... "It is not true, it is not true at all." as she breaks down crying.
After a few minutes and regaining her composure... "I know this is difficult Mrs Knox please bear with with me. Did your husband ever beat you."
Looking at the jury... "I swear to God Almighty that my husbamnd has never laid a hand on me in anger, he is a loving man, kind and gentle."
"Mrs Knox..." Roads went on... "Is your husband a gambler and drinking man."
"No sir he is not. He is hard working and rarely takes time off, we are both up early and working, most times he until sundown. On a rare occasion like the night in question he decided he needed a break and asked me to also come to town, but I had a stomach ache and told him to go."
Looking at the jury she blurted out... "Some you know me and my husband and our farm and how well run it is, and how gentle he is."
. . . |
Attorney Wilson White (wilson)
Thu, Apr 19, 2007 - 09:36 pm |
Wilson White sat silently and listened to Mrs. Knox's testimony. Every once in a while, he would write something down on his legal notebook. He wasn't sure if he would cross-examine Mrs. Knox or not. He would just have to wait to hear Jeff Roads say, "That is all the questions that I have for Mrs. Knox." Then it would be his turn to question her or not. |
Jeff Roads (jeff)
Fri, Apr 20, 2007 - 06:49 am |
Mrs Knox calmed down after her outburst and the defense attorney continued on.
"Mrs Knox what do you know of Red Sloan."
Angrily she said... "Only what my husband told me on earlier events with him. That he had played cards with him in the past and he felt he was cheating but could not prove it. I personally did not know him but seeing him in town, he always had a sneer on his face and I could see how rude a person he was."
"Thank you Mrs Knox that will be all for now from me."
Turning to the prosecutor... "Your witness." |
Attorney Wilson White (wilson)
Fri, Apr 20, 2007 - 11:26 am |
Wilson White nodded his head to Jeff Roads and stood up and approached Mrs. Knox. He just looked at her for a moment before speaking.
"Mrs. Knox, I am sorry that you are having to go through this ordeal." "This trial has nothing to do with what you did or didn't do but I have to ask you a few questions to help get this story straight." "I will ask you a few questions but don't answer any of them until I pause because I want you to think about each question carefully."
"Remember that you are still under oath here and you are bound and have sworn to tell the truth."
"First of all, in your testimony, you said that, on the night in question, that your husband asked you to go to town with him but you had a stomach ache and didn't go to town with him on one of these 'rare' nights off." "First question is, did your husband know that you had a stomach ache before he even asked you to go and, since you didn't go with him, how do you know that he was not a drinking and gambling man if you were not there to see how much liquor he drank or see how much cash that he lost at the poker tables?"
"Is it not true thay you never attended your husband on any of his trips to the saloons but only knew what your husband told you what happened while he was gone?"
Going to his desk, he picked up his tablet and read; "When asked about Red Sloan, you angrily replied... "Only what my husband told me on earlier events with him. That he had played cards with him in the past and he felt he was cheating but could not prove it. I personally did not know him but seeing him in town, he always had a sneer on his face and I could see how rude a person he was."
"Mrs. Knox, my last question is, "Have you even been inside a saloon at all since you stated that you saw Red Sloan in town and never mentioned seeing him inside a saloon?" "And you stated that your husband felt like Red Sloan was cheating which means he was losing quite a bit of money to Red." "It don't make common sense to go back when you think a man is cheating and taking all your money." "Don't it make more sense that your husband was looking for a chance to accuse Red Sloan of cheating so he could kill him and get his money back before he had to confess to you how much he had really lost at poker?" |
Jeff Roads (jeff)
Fri, Apr 20, 2007 - 02:42 pm |
------------------------------------------------------------
Gone West: Helltown: Court House
------------------------------------------------------------
Her eye's squinted and brow furrowed on his sarcastic tone of a rare night off.
Mrs Knox: "My husband works very hard seven days a week, day and night, and I also help him as he does me, and NO he did not know I had a stomach ache. He is my husband after all and I would know if he were a drinking and gambling man, we allot monies from time to time to allow us small pleasures in town. When he comes home, he comes home SOBER. If he loses the few dollars he went with he stops playing."
Mrs Knox: She sat back and sighed. "Havent you taken time off to relax."
"Is it not true thay you never attended your husband on any of his trips to the saloons but only knew what your husband told you what happened while he was gone?"
Mrs Knox: "I trust my husband and at times come into town with him, he will play cards and I will shop or visit friends. Then we go back home together."
Going to his desk, he picked up his tablet and read; "When asked about
Red Sloan, you angrily replied... "Only what my husband told me on
earlier events with him. That he had played cards with him in the past
and he felt he was cheating but could not prove it. I personally did
not know him but seeing him in town, he always had a sneer on his face
and I could see how rude a person he was."
Mrs Knox: "A woman's place is not in a saloon, a God fearing woman would not go into one. I have seen Red Sloan in and about town, in the general store. People talked about him and pointed him out, even my husband had pointed him out to me. Mr. Sloan was rude and insensitive in the general store on more than one occasion."
She dabbed tears from her eyes with a dainty handkerchef and went on.
"My husband said when he could avoid playing with Mr. Sloan he would, times were the game was in progress he said when Mr. Sloan joined in. Sometimes my husband would win even with Mr. Sloan in the game. That doesnt mean Mr. Sloan cheated every single time, he was never caught, and my husband said the few times he was challenged by others Mr. Sloan got angry and said to prove it if you dare. My husband shot Mr. Sloan in self defense fearing the man was going to draw a gun." |
Attorney Wilson White (wilson)
Fri, Apr 20, 2007 - 03:55 pm |
Wilson White listenly closely to Mrs. Knox before saying, "Ma'am, I thank you for your patience in my questioning." "I know that this is not easy on you but I have been sworn to do my job to the best of my ability."
Looking up at the Judge, Mr. White said, "That is all the questions that I have for Mrs. Knox at this time, your honor." Then he returned to his seat.
Judge Washburn said, "Thank you, Mrs. Knox, you may now step down." Turning to Jeff Roads, the Judge said, "Mr. Roads, call your next witness please and have the bailiff swear them in." |
Jeff Roads (jeff)
Fri, Apr 20, 2007 - 06:04 pm |
"Defense Attorney Roads stood... "I call Mr John Peebles to the stand."
Mr. Peebles was called in and sworn in by the bailiff.
"Mr. Peebles, good day sir. How well do you know the accused Mr. Knox."
"I knows him fer several years."
"How would you describe Mr. Knox's demeanor."
"Quiet, polite, honest, hard workin', he'd give ya the shirt off'n his back he would."
"And how would you describe Mr. Sloan."
"Phew... a bad one who'd pluck yer eye's outta yer head he would. A mean and nasty bully who treated everyone mean, even chillun and wimen, a no good cuss he was. Better off dead he is."
"Have you ever played cards with him."
"That I did and lernt my lesson I did."
"And why is that."
"I thought he was cheatin and challenged him. He slammed his cards down scattering the deck about the table... he stood up and challenged me to a fight."
"Was Mr. Sloan wearing a gun."
"Yes'n he was."
'What did you do."
"I werent wearin' a gun but he put the fear of God in me he did, he was bigger 'n me."
"What did you do then Mr. Peebles."
"I jest raised my hands and told him to calm down I dont want no fight, but he was cheatin I told him. He come round the table after me but others stepped between and stopped him, I picked up my money and left."
"Did you ever play cards with him again."
"I wouldnt sit at a table he was at, but he had joined in games that I was in, I jest kept my mouth shut."
"Tell me Mr. Peebles, are you married."
"No sir I aint."
"Thank you Mr. Peebles, your witness prosecutor." |
Attorney Wilson White (wilson)
Fri, Apr 20, 2007 - 07:14 pm |
Wilson White stood and approached the stand where Mr. John Peebles was seated. Mr. White paced the floor wringing his hands together before he started.
"Mr. John Peebles, I want to remind you that you are still under oath to tell the whole truth and nothing but the truth here." "I am going to ask you several questions and I want you to listen closely and not answer any of them until after I pause."
"My first question is since you knew Mr. Knox for several years and when asked about his demeanor, you name off all the qualities of a saint." "Mr Peebles, be honest with the court." "Have you ever seen Ben Knox lose his temper before and if so, what over?"
"You also testified that Red Sloan carried a gun that you said that he was wearing the night you feared for your life and that you saw it." "Why do you think that he wasn't toting a gun the night that he was killed?" "Was he even wearing a holster and if he was, did you or Ben Knox slip his gun out before or during the poker game?"
"Mr. John Peebles, you testified that you are not married." "My last question is isn't the reason that you are not married is because you are really in love with Mrs. Rose Knox, Ben Knox's wife, and you testifed on her husband's behalf to stay on her good side because you figured that Ben Knox would hang for killing an unarmed man any way?" "Tell the truth, Mr Peebles." Mr. White stared at him as he paused. |
Jeff Roads (jeff)
Fri, Apr 20, 2007 - 07:33 pm |
Flustered an angered Peebles spoke out... "I am honest how dare you, you dont even know me, ask anyone in here. I was in the Four Leaf when Ben told Red he was cheatin', course he was angry but not that angry, he werent yellin or nothin. Afore that he never get angry, he cussed one day I were workin fer him... he done hit his finger with a hammer and he all out cussed, he was angry at himself."
The courtroom erupted into laughter.
"I dont know if'n Red was totin a gun or not, ta me it looked like he were goin fer a gun with his actions. I dont always tote my gun, jest when I's feels like it."
"My last question is isn't the reason that you are not married is because you are really in love with Mrs. Rose Knox, Ben Knox's wife, and you testifed on her husband's behalf to stay on her good side because you figured that Ben Knox would hang for killing an unarmed man any way?" "Tell the truth, Mr Peebles." Mr. White stared at him as he paused.
"You young whipper snapper how dares you say that, Mrs Knox is a God fearin woman and true blue to her husban." He waves his hand... "Ask anyones in here, theys tells ya."
Clearly angry and flushed he went on... "Whens I am in tha mood I see's a local harlot, she treats me good and takes carein all my needs." |
Attorney Wilson White (wilson)
Fri, Apr 20, 2007 - 09:35 pm |
Wilson White smiled at John Peebles's reaction to his questions before saying, "Mr. Peebles, I thank you for your testimony and your honesty in answering my questions." "I believe that you and Mrs. Knox have been honest in your answers but I had to be sure by getting you two flustered to make sure of that fact."
Looking up at the Judge, Mr. White said, "That is all the questions that I have for Mr. John Peebles at this time, your honor." Then he returned to his seat.
Judge Washburn said, "Thank you, Mr. Peebles, you may now step down." Turning to Jeff Roads, the Judge said, "Mr. Roads, call your next witness please and have the bailiff swear them in." |
Jeff Roads (jeff)
Sat, Apr 21, 2007 - 08:46 am |
Judge Washburn said, "Thank you, Mr. Peebles, you may now step down."
Turning to Jeff Roads, the Judge said, "Mr. Roads, call your next
witness please and have the bailiff swear them in."
"I call Lawrence Morris." Lawrence Morris entered the room and went to the witness chair and was sworn in.
"Mr Morris how do you know Mr. Knox."
"We share grazing land and have swapped breeding bulls and cows."
"What kind of man is Mr. Knox."
"He is a God fearing man and honest."
"Would Mr. Knox shoot anyone in cold blood."
"Absolutely not, he doesnt have a bad bone in his body."
"What do you know of Mr. Sloan."
"Not very much, a lot on hearsay from many others, that he was a bad 'un. I have seen him bump into women on the street and continue on his way. Sometimes knocking bundles out of their arms, and not stopping to help pick them up or even say he was sorry."
"Do you think of Mr. Knox as a drinking and gambling man."
"No I dont, like most hard workin' men, he takes time off to relax and have a few beers and play some cards. Like I like to do on occasion as well as many others."
"Do you go to church Mr. Morris."
"Yes as do my wife and chillun, every sunday."
"Have you seen Mr. and Mrs Knox in church."
"That I have, every sunday."
Thank you Mr. Morris, your witness." |
Attorney Wilson White (wilson)
Sat, Apr 21, 2007 - 11:08 am |
Wilson White stood and approached the stand and said, "Mr. Lawrence Morris, I want to remind you that you are still under oath and sworn to tell the truth." "I am going to ask you a couple of questions and I want you to listen and answer them when I pause."
"Mr. Morris, you say you and Mr. Knox share grazing land and swapped bulls and cows." "My first question is; "Did not you two get into an argument one time over some water rights in the past during a certain drought that hit this area hard and folks were losing cattle left and right?"
"My second question is; "When you were asked if you knew Red Sloan, you replied, "Not very much," then you went on to say that you heard a lot of hearsay from many others that he was a bad 'un." "Mr. Morris, is it not a fact that you listened to gossip about Red Sloan and you were already prejudice toward the man before you ever met him?"
"Mr. Morris, you testified that you and Ben Knox both are God-fearing men and that you both attend church every Sunday with your family." "I commend you both for that but it brings up my last question." "You and Ben Knox both have confessed to drinking and gambling a little bit."
"Mr. Morris, my last question is: and think carefully before you answer this one." "Did you and Ben Knox both sleep during the preacher's sermon because, I know for a fact, that your preacher preaches that drinking and gambling is a SIN and that God-fearing men like the both of you shouldn't partake of either one?" "Isn't that so, Mr. Morris?" A buzz went through the courtroom and the Judge tapped his gavel for silence. Wilson White paused, a smile on his face, awaiting Lawrence Morris's reply. |
Joe Tucker - Gunslinger (joe)
Sat, Apr 21, 2007 - 11:33 am |
[enter the game]
Having seen that the general public was commoting toward the courthouse, Joe figured something interesting must be happening, so he followed a few people into the building. There was some kind of trial going on, and from the looks of the level of fascination amongst the townfolk it was probably something important. The doors were all open so Joe sidled in and took a seat in the back, taking his hat off respectfully and keeping quiet.
Nobody had asked him to check his pistol, the holster being under his longcoat, unseen. Probably whatever bailiff or deputy was on duty was too caught up in the trial proceedings. But Joe had no intention of any gunplay here. He had been in gunfights, sure, he had a rep ... but he was no murderous or suicidial maniac.
He just had a mind to see what the town was like, and the way they treated a man on trial might give him a good hint. |
Jeff Roads (jeff)
Sat, Apr 21, 2007 - 12:08 pm |
"Mr. Morris, you say you and Mr. Knox share grazing land and swapped
bulls and cows." "My first question is; "Did not you two get into an
argument one time over some water rights in the past during a certain
drought that hit this area hard and folks were losing cattle left and
right?"
"Yes we did have words but it wasnt a major thing, many people faced the same problem with water with the drought. But we worked it out."
"My second question is; "When you were asked if you knew Red Sloan,
you replied, "Not very much," then you went on to say that you heard a
lot of hearsay from many others that he was a bad 'un." "Mr. Morris,
is it not a fact that you listened to gossip about Red Sloan and you
were already prejudice toward the man before you ever met him?"
"I need'nt hafta listen to gossip ta prejudice me. I saw first hand how this cur were. But everone that come across his path said the same thing."
"Mr. Morris, you testified that you and Ben Knox both are God-fearing
men and that you both attend church every Sunday with your family." "I
commend you both for that but it brings up my last question." "You and
Ben Knox both have confessed to drinking and gambling a little bit."
"Yes we did or do like many other men."
"Mr. Morris, my last question is: and think carefully before you
answer this one." "Did you and Ben Knox both sleep during the
preacher's sermon because, I know for a fact, that your preacher
preaches that drinking and gambling is a SIN and that God-fearing men
like the both of you shouldn't partake of either one?" "Isn't that so,
Mr. Morris?" A buzz went through the courtroom and the Judge tapped
his gavel for silence. Wilson White paused, a smile on his face,
awaiting Lawrence Morris's reply.
Peebles squirmed a bit in his chair in embarrasement. "Mister we not tha only one ta fall asleep during the preachers sermon. We hard workin people and tends ta dozen off now and then."
Peebles paused then... "Awww heck did he say that, I musta dozed off at that part."
The court room erupted into laughter. |
Marshal Matt Gillen (marshal)
Sat, Apr 21, 2007 - 12:15 pm |
When the court room door opened Marshal Gillen saw a stranger walk in, a rather tallish man in a long duster and taking a seat. The man was good looking, needing a shave and from under his hat he could see he had light hair.
He paid him no undue suspicion but a quick thought was to keep an eye on him... why would a stranger in town want to come to court, unless he heard rumors of the trial and knew either Knox or the dead man Sloan. |
Attorney Wilson White (wilson)
Sat, Apr 21, 2007 - 12:56 pm |
Mr. Wilson White laughed out loud also when the court room erupted into laughter. Then he returned to his solemn expression. Looking up at the Judge, Mr. White said, "That is all the questions that I have for Mr. Lawrence Morris at this time, your honor." Then he returned to his seat.
Judge Washburn said, "Thank you, Mr. Morris, you may now step down." Turning to Jeff Roads, the Judge said, "Mr. Roads, call your next witness please and have the bailiff swear them in." |
Jeff Roads (jeff)
Sat, Apr 21, 2007 - 04:01 pm |
Judge Washburn said, "Thank you, Mr. Morris, you may now step down."
Turning to Jeff Roads, the Judge said, "Mr. Roads, call your next
witness please and have the bailiff swear them in."
"Your honor I could call the whole town to vouch for Mr. Knox, but I feel I have proven beyond a doubt about the integrity of Mr. Knox. I have no further witnesses." |
Judge Alexander Washburn (washburn)
Sat, Apr 21, 2007 - 04:22 pm |
Judge Alexander Washburn looked at his pocket watch and announced, "Seeing how the most of the day is spent and everybody is tired and hungry, we shall proceed with the trial again in the morning."
"Mr. Wilson White, you may call your witnesses for the prosecution tomorrow." "This court is adjourned for the day." Then the Judge tapped his gavel and arose. The bailiff yelled, "Everybody rise and stay standing until the Judge leaves the room." The Judge left the court room. |
Anonymous
Sat, Apr 21, 2007 - 10:10 pm |
The bailiff, retired Texas Ranger - "Big" Pete McGowan, after the Judge left the court room, yelled, "Court has been dismissed." "Everybody may now leave the court room."
Folks stood up and started drifting out of the room. The lawyers gathered up their things and headed out the door. It had been a busy day. |
Marshal Matt Gillen (marshal)
Sun, Apr 22, 2007 - 06:47 am |
"Amos take Mr. Knox back to jail, I see a stranger in town who came into court, I just want to greet him and see whats up."
"Okay Matt."
The courtroom starts to empty and Amos, Ben Knox and his defense attorney Jeff Roads leaves, Matt walks over to the stranger in the long dust coat.
"Howdy stranger I'm Marshal Gillen I see your new in town, welcome to Hell Town, anything I kin help ya with let me know, you looking for someone?, or just passing through." |
Joe Tucker - Gunslinger (joe)
Sun, Apr 22, 2007 - 03:21 pm |
Joe had stood up and was fixin to leave with the crowd, having taken some interest in the testimony that several of the menfolk in these parts like to drink and gamble to some degree. It was not unusual to find such an attitude in the West but a man could never take for granted that it would be tolerated in whatever given town.
Then as Joe was just putting on his hat, the Marshall himself came up and made his introduction. Joe said, "That's mighty obliging of you, Marshall. No sir, I ain't looking for nobody in particular, and yes I guess I am just passing through although I can't say as when the actual passing might get done, tomorrow or a month out or a year. My name is Joe Tucker sir, originally out of Wichita."
Having seen Mr. Knox in the process of being brought before justice, having seen that gambling and drinking were allowed but not let go unrestrainedly, and having seen the Marshall himself take an interest, Joe figured despite the name of the town, there was some law and order, which was fine by Joe as he was never a trouble-maker except for maybe a few instances in his younger days in Wichita.
Joe further said, "Marshall, I have a few dollars and I'd appreciate if you might tell me where a decent room could be had, but not too dear. I figure a night on a feather bed will be a welcome change as usual from nights on the earth itself." This he said, to put the concerns of the Marshall at ease, showing that Joe was no vagrant and was expecting to pay his own way.
He had half a mind to ask about Terry McIvers, but he figured there was no point to raise up unpleasant business if there was no need. |
Marshal Matt Gillen (marshal)
Sun, Apr 22, 2007 - 06:10 pm |
"Well Mr. Tucker for nice soft feather beds right down the street to the left is Mrs Halls boarding house, and across Main Street is Possum Road, thats between the bank and general store, is Mrs Webbs boarding house, she's the first house past the church. Both are fine and serve breakfast and dinner. Your welcome in Hell Town as long as you behave yourself."
Matt sized him up, young and neatly dressed from what he can see, nice pants and white shirt. He was sure he had a gun belt on under the duster, he seemed a person who was assured of himself.
"If you have any questions I'll be in the office or abouts town. My deputy is Amos Pike he can also help you." |
Joe Tucker - Gunslinger (joe)
Sun, Apr 22, 2007 - 10:20 pm |
"Well Marshall I figure the day I don't behave myself proper is the day they'll need a box for me. Thankee kindly sir for the directions, and I reckon I'll try to the Mrs. Hall's House and tomorrow maybe treat myself to the barber. Good evening, Marshall."
He tipped his hat to the lawman, and then went to the town streets. |
Marshal Matt Gillen (marshal)
Mon, Apr 23, 2007 - 06:09 am |
"Good evening Mr. Tucker."
Matt watched the stranger as he left and felt an uneasiness about him. |
Anonymous
Tue, Apr 24, 2007 - 03:33 pm |
Judge Washburn, after telling Joe Tucker at Mrs. Hall's Boarding House that he wasn't rightly sure what day of the week it was either but figured that Sunday was probably a couple of days off, went on over to the court house as the trial was fixing to start.
By 9AM the witnesses were in two separate rooms and the Pastor Riis was in a room by himself and the court house was full of spectators. Wilson White and Jeff Roads were seated behind their individual desks. The prisoner, Ben Knox, and Marshal Gillen and Deputy Amos were in their places.
The bailiff, retired Texas Ranger - "Big" Pete McGowan called for quiet and for everyone to take their seats. Several minutes later in his deep gruff voice he called out.
"This courtroom will come to order, all rise, Judge Alexander Washburn pre-siding. |
Judge Alexander Washburn (washburn)
Tue, Apr 24, 2007 - 03:43 pm |
Judge Alexander Washburn walked in and took his seat as the bailiff called out in his deep gruff voice, "Everybody may now be seated." After everybody was seated, Judge Washburn picked up a paper again and announced; "This is the case of the territory versus Ben Knox for the murder of one Red Sloan, a miner."
"As you all know, Mr. Jeff Roads called all his witnesses yesterday so today we will hear from Mr. Wilson White as he calls the witnesses for the prosecution." "Mr. White, call your first witness, sir, and have the bailiff swear them in." |
Attorney Wilson White (wilson)
Tue, Apr 24, 2007 - 03:59 pm |
Mr. Wilson White rose to his feet and said, "Your Honor, After careful consideration on the matter, I have decided to skip past my first three witnesses, Al Brown, Dan Lane, and Tug Holmes, because I feel that their testimony would just be a repeat of the same testimony that we heard yesterday." "However, I call to the witness chair, Marshal Matt Gillen." The Marshal came forth and was sworn in by the bailiff.
Mr. White said, "Marshal Gillen, would you please tell us in your own words what happened the night of the shooting at the 4 Leaf Clover Saloon in which one Red Sloan was killed?" |
Marshal Matt Gillen (marshal)
Tue, Apr 24, 2007 - 04:33 pm |
"Well I wasnt in the saloon at the time, I was in my office and heard the shot. I went outside to see where it came from and people were running out of the Four Leaf Clover Saloon.
I went in and Ben Knox was standing on one side of the table with his gun in his hand but hanging down, Red Sloan was laying on his back still in the chair, it tipped back with him. He had a wound in his chest. I took the gun off of Mr. Knox, he offered no resistance, and I checked Red Sloan, he was dead.
I asked what happened but only the two witnesses that testified yesterday spoke up, John Peebles and Lawrence Morris spoke up.
They told me they thought Sloan was going for a gun and Ben shot him in self defense. I had the body carried to Docs office and took Ben to jail." |
Attorney Wilson White (wilson)
Tue, Apr 24, 2007 - 05:49 pm |
Wilson White nodded his head. "Fine, fine, Marshal Gillen, but let me ask you." "Was there any gun found on or around the body of Red Sloan when you checked Red Sloan out?" "Was he even wearing a holster on him on the night in question, Marshal?"
"My last questions, Marshal, is why, in your opinion, would an unarmed man even make a motion like he was going for his gun when in fact he didn't even have one on at the time?" "Wouldn't, in your opinion, it be the same as suicide for an unarmed man to make a motion like he was going for a gun when in fact he wasn't wearing one that he could go for?"
"Marshal Matt Gillen, in your opinion, in a FAIR gunfight, which man do you think would have been the fastest draw and would have been the last man standing?" |
Marshal Matt Gillen (marshal)
Tue, Apr 24, 2007 - 07:29 pm |
"I didnt find a gun and he didnt have a holster on."
Matt paused... "I would think a sensible man would not do that, looking to draw a weapon he doesnt have. BUT, it is possible that when Red Sloan went to push his chair back his hands brushed against his coat as they were going for the chair handles, to help slide the chair back. That might give the impression he was going for a gun."
Attorney White:
"Marshal Matt Gillen, in your opinion, in a FAIR gunfight, which man do you think would have been the fastest draw and would have been the last man standing?"
"I cant answer that, I have never seen either man in a gun fight or even draw their weapons." |
Attorney Wilson White (wilson)
Tue, Apr 24, 2007 - 08:29 pm |
Wilson White listened to Marshal Matt Gillen's answers to his questions before saying, "Marshal Gillen, I thank you for your testimony and your honesty in answering my questions." "I think you answered my questions fairly and to the best of your ability."
Looking up at the Judge, Mr. White said, "That is all the questions that I have for Marshal Matt Gillen at this time, your honor." Then he returned to his seat as he looked at Jeff Roads and said, "Your witness, Mr. Roads." |
Jeff Roads (jeff)
Tue, Apr 24, 2007 - 08:44 pm |
Jeff Roads rose and walked to the witness chair.
"Marshal Gillen how do you find the demeanor of both Mr. Knox and the deceased." |
Marshal Matt Gillen (marshal)
Tue, Apr 24, 2007 - 08:48 pm |
"Mr. Knox I know is a family man and I have seen him in church on sundays. To me he seems to be a quiet and humble man, not knowing very closely on a one on one personal basis.
Mr. Sloan, I have never had any run-ins with him law wise. Word about town was that he was gruff and crude, and whispers that he cheated at cards. But I cant vouch for the validity in that." |
Jeff Roads (jeff)
Tue, Apr 24, 2007 - 08:49 pm |
"Thank you marshal thats all."
Jeff Roads took his seat. |
Judge Alexander Washburn (washburn)
Tue, Apr 24, 2007 - 10:37 pm |
Judge Alexander Washburn said, "Thank you, Marshal Matt Gillen, you may now step down." Turning to Wilson White, the Judge said, "Mr. White, call your next witness please and have the bailiff swear them in."
Mr. Wilson White stood and said, "Your Honor, I have no more witnesses that I wish to call on." Then Mr. White sat back down.
Judge Washburn said, "Mr. Roads, it is my understanding that you have one more witness for the defense." "Would you please call your witness in at this time and have the bailiff swear him in?" |
Jeff Roads (jeff)
Wed, Apr 25, 2007 - 09:15 am |
"Yes sir, Pastor Jacob Riis."
Pastor Riis enters and takes the witness chair and is sworn in.
"Pastor you have come forward to be a witness for the defense, what is it you wish to say." |
Pastor Jacob Riis (pastor)
Wed, Apr 25, 2007 - 09:18 am |
"Yes sir", looking at the judge and jurors.
I did not know red Sloan at all, but Mr. Knox and his wife have attended church every sunday for as long as I have been in Helltown. Both have offered their help at church events. Mr. Knox is a quite and affable gentleman, and I have never know him to be of a violent temper. That is all." |
Jeff Roads (jeff)
Wed, Apr 25, 2007 - 09:19 am |
"Thank you Pastor Riis that will be all from me." |
Attorney Wilson White (wilson)
Wed, Apr 25, 2007 - 11:25 am |
Mr. Wilson White stood and approached the witness chair where Pastor Riis sat and said, "I only have one question for Pastor Jacob Riis."
"Pastor Riis, seeing how you are a man of the cloth and all and how Ben Knox as well as the men that testified for the defense confessed to a LITTLE drinking and gambling, my question is."
"Is it or is it not a fact, according to the Bible, that drinking and gambling is a SIN, and that you have preached against it in the presence of Ben Knox and the men who testified for the defense?" |
Pastor Jacob Riis (pastor)
Wed, Apr 25, 2007 - 02:23 pm |
"I cannot control the fate or destiny of any man, woman or child, I can only preach the wisdoms of our Lord. If they choose to meander off the path a bit and no one gets hurt by it but themselves, I'm sure the good Lord would have some forgiveness. None of us our prefect Mr. White, we all have sinned in the eye's of God at one time or another, that does not make us a bad person, does it!." |
Judge Alexander Washburn (washburn)
Wed, Apr 25, 2007 - 04:15 pm |
Wilson White shook his head as he said, "No Pastor, it don't make us a bad person." Looking up at the Judge, Mr. White said, "That is all the questions that I have for Pastor Jacob Riis at this time, your honor." Then he returned to his seat.
Judge Alexander Washburn said, "Thank you, Pastor Jacob Riis, you may now step down." "Since Mr. Roads was first in the opening statements, Mr. White, you may be first in our closing statements before the case is turned over to the jury." |
Attorney Wilson White (wilson)
Wed, Apr 25, 2007 - 04:48 pm |
Wilson White cleared his throat as he stood and approached the jury. He paced a bit, wringing his hands together as he spoke. "Members of the jury, you have heard testimony that Ben Knox is a decent man that likes a night out every once in a while." "He likes to drink a little and play poker with his friends." "How much he drinks and how much he loses at the tables is really none of our business." "There is no law against any of all that." "As I said in my opening statement, that is not why we are all here in this court today." "What we are all here for is the fact that Ben Knox shot and killed Red Sloan, an unarmed man, over a game of cards."
"The fact that Red Sloan was cheating or not is not important here." "The fact remains that a man that had no weapon on his person to defend himself with was shot and killed by Ben Knox, the man seated in that chair over yonder," and the lawyer pointed at Ben to make his point.
"It could have been as the Marshal said and Red could have been reaching back to grab his chair to stand up and brushed his coat back like he was going for a gun." "I can see that." "However, I believe Ben Knox was aware the Red Sloan was unarmed and taunted him, by accusing him of cheating, looking for a twitch or something that would give him a reason to draw and kill Red Sloan, a man that he detested and hated already before the card game began." "I believe that the man, Ben Knox, is guilty of murder and should be punished to the fullest extent of the law and be hanged by the neck until dead." "I thank you all for your patience in listening to all the testimony and I trust you all to do the right thing in this case." He returned to his seat as the Judge said.
"Mr. Jeff Roads, it is your turn to present your closing statement, sir." |
Jeff Roads (jeff)
Wed, Apr 25, 2007 - 10:21 pm |
The young defense attorney sat for ten seconds staring down at the table, ten seconds of complete silence in the court room, ten seconds that seemed like an eternity.
He finally rose slowly from his seat and faced the jury.
Speaking low, softly and slowly... "You have heard over and over from the prosecutor of the dastardly act of Mr. Knox, shooting an unarmed man in what he eluded to was cold blooded murder. You have also heard of the good side of Mr. Knox... the loving husband, the hard worker, the church goer who has not missed a sunday since Pastor Riis opened the church, the quiet gentle affable man who from time to time takes time off from working, and with his wife rides into town for some relaxing time. His wife shopping and visiting friends, he having a few beers and a friendly game of cards.
No one has testified that Mr. Knox had ever had a confrontation with anyone other than Red Sloan over a game of cards. Mr. Sloan on the other hand, it has been said by witnesses... of his rude and crude behavior towards anyone he met. Word had spread to people that did not even know Mr. Sloan on how bad his reputation was."
The defense attorney paused... "I want to quote what Mr. White said."
'Is it or is it not a fact, according to the Bible, that drinking and gambling is a SIN, and that you have preached against it in the presence of Ben Knox and the men who testified for the defense?"
"The prosecutor has been saying that drinking and gambling is a sin according to the bible. Yet, when Pastor Riis said 'that none of us are perfect, and that we all have sinned in the eyes of God, that does not make us a bad person, does it!.'
"Mr. White went on to say... 'No Pastor, it don't make us a bad person.'
"In other words when Mr. Knox takes time to have a few beers and play cards, he is the sinner, yet everyone else is okay and it doesnt make them a bad person, it only makes Mr. Knox a bad person."
Jeff Roads paused to let what he said sink in... then continuing on.
"Mr. White also said... 'The fact that Red Sloan was cheating or not is not important here.'
"Why is that not important! ... Red Sloans cheating at cards is why we are here, that is important. Mr. White also said... 'The fact remains that a man that had no weapon on his person to defend himself with'.
"The reputation of Red Sloan was one to put anyone on guard against the man, because he was seated, he had on a jacket, and no gun could be seen... Mr. Knox did not know that. Let me demonstrate to you, I have the same table and chairs that Red Sloan and Ben Knox were sitting in, and a deck of cards."
"Bailiff please set up the table and chairs."
Pointing to a spectator in the court room... "Sir please sit in this chair, you will represent Mr. Knox, I will sit across from you and be Mr. Sloan, I will put on his jacket, we are about the same size."
The spectator sat in a chair, Jeff White took off his jacket and put on Red Sloans and sat across from him. Speaking to the jury... "Watch what happens closely."
Jeff Roads randomly selected 5 cards and held them in his hand. "Sir accuse me of cheating."
The spectator responded... "Red Sloan your a cheat."
The young attorney laid his cards down, dropped his hands towards his lap and swept them to the side as he started to slide his chair back and grasping the chairs arms, in doing so his jacket started to part... giving the impression that Sloan was opening his jacket to reach for a sidearm.
In a low and mumbled voice that could or could not be heard, it sounded as if the spectator said he thought he Roads was going for a gun.
"Gentleman I have demonstrated how it could be possible that anyone might think Sloan was reaching for a gun or getting ready to draw one as he pushed his chair back."
Thanking the spectator Roads faced the jury... "The prosecutor said and I quote him word for word..."
'It could have been as the Marshal said and Red could have been reaching back to grab his chair to stand up and brushed his coat back like he was going for a gun.'
In a louder and clear vloice the young prosecutor said...
"Thats all we need, the prosecutor gave us all doubt, that it appeared Red Sloan could have been reaching for a gun. Ben Knox did not 'detest and hate' Red Sloan as the prosecutor claimed, he did not like him but he also was not the only person in town who felt that way."
Jeff White ran his hand through his hair...
"Gentlemen, Ben Knox did not murder Red Sloan, he defended himself from what he felt was a man drawing a gun on him to do him bodily harm. And I think I have proven beyond a reasonable doubt by my demonstration, and the prosecutors own words.
It is imperative you weigh all that has been said and come to the unanimous decision that Mr. Ben Knox is innocent, and that he acted in self defense.
Thank you gentlemen."
"Your honor that concludes my closing statement."
. . . |
Judge Alexander Washburn (washburn)
Thu, Apr 26, 2007 - 01:58 pm |
Judge Alexander Washburn turned and faced the jury as he said;
"Members of the jury, you have heard all of the evidence and all of the testimony provided by the witnesses of both the defense and of the prosecution in this case...The territory versus Ben Knox over the killing of Red Sloan." "Now the case is put into your hands to determine the innocence or guilt of Ben Knox, and if he is found guilty, it is also in your hands to determine what his sentence will be."
"Remember, the fate of Ben Knox lies in your hands." "A man's life is found in the balance today." "Please stand and leave the jury box in single file and follow the bailiff over to the room where you all will deliberate over this case until you have reached a verdict while the bailiff will stand guard at your door to see that nobody enters or leaves that room until that verdict is reached." After the jury left, the Judge said.
"The rest of the court room is adjourned until the jury comes back into the room." The Judge stood and the bailiff, standing in front of the deliberation room where the jury was, yelled, "Everybody rise," which they did and when the Judge left the room, the bailiff yelled, "Court is dismissed." "Everybody may now leave the court room." |
Anonymous
Thu, Apr 26, 2007 - 06:32 pm |
Innocent. |
Anonymous
Fri, Apr 27, 2007 - 11:54 am |
Innocent. |
Joe Tucker - Gunslinger (joe)
Sat, Apr 28, 2007 - 02:00 pm |
Guilty. |
Judge Alexander Washburn (washburn)
Sat, Apr 28, 2007 - 04:07 pm |
Word spread quickly that the jury had reached a verdict and everybody was soon in place, except for the jury who was still in the room where the bailiff was standing and the court house was full of spectators, waiting to hear the fate of Ben Knox.
The bailiff, retired Texas Ranger - "Big" Pete McGowan called for quiet and for everyone to take their seats.
Several minutes later in his deep gruff voice he called out.
"This courtroom will come to order, all rise, Judge Alexander Washburn pre-siding."
Judge Alexander Washburn walked in and took his seat as the bailiff called out in his deep gruff voice, "Everybody may now be seated." The Judge said, "Bailiff, please bring the jury in," and the bailiff brought them in, single-file, and they were seated again in the jury box.
The Judge looked at the jury and asked, "Foreman of the jury, have you reached a verdict in the case of the territory versus Ben Knox for the killing of Red Sloan?" |
Anonymous
Sat, Apr 28, 2007 - 04:19 pm |
Jury Foreman Justin Combs rose.
"Yes your honor, we the jury find the defendant Ben Knox innocent." |
Judge Alexander Washburn (washburn)
Sat, Apr 28, 2007 - 04:32 pm |
Chaos erupted as cheering and whistling was heard all over the court room. The Judge had to tap his gavel several times in order to restore order in the court house. As the room got quiet, the Judge said, "Ben Knox, you have been found innocent, therefore all charges against you are dismissed." "You are a free man, sir." The Judge tapped his gavel. "This case is officially over." |
Joe Tucker - Gunslinger (joe)
Sat, Apr 28, 2007 - 05:48 pm |
Joe was just arriving from the streets and he heard the verdict. Standing in the back of the courtroom as the cheering came up, he said to himself, "Well, how about that."
Ben Knox had shot an unarmed man, and he was set free. That was very interesting to Joe. |
Marshal Matt Gillen (marshal)
Sat, Apr 28, 2007 - 06:39 pm |
Ben Knox was hugging his wife and accepting hand shakes and pats on the back when Marshal Gillen walked over.
"Ben you can pick up your personal stuff from my office when your ready."
Matt couldnt congratulate him, he wasnt there to see the shooting and could not make a true judgement, even though he knew the attitudes and temperaments of both.
Matt had some small talk with those in the court room as he left to leave for the jail.
"Mr. Tucker, how are you... ahh I see you saw the town barber, a nice gentleman isnt he, I'm on my way to the office, care to keep me company."
[Take it to the Main Street forum] |
Joe Tucker - Gunslinger (joe)
Sat, Apr 28, 2007 - 09:19 pm |
Joe had no cause to dislike the Marshall, in fact the reverse, but most marshalls in general did not care for gunslingers and Joe was afeared that perhaps his name had got into town before his own self and maybe the Marshall was already wary. But Joe could not rightly decline the Marshall's "invitation" without raising more suspcion that already there might be. So he said, "That's hospitable of you, Marshall, I don't mind if I do. I seen the jail this morning but wan't nobody in it ... which is the way things ought to be, I reckon, in a perfect world."
(to main street) |
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