Page 41 of Love and Order

CHAPTER 11

Tuesday, July 22, 1873

Once Judge Vost called the court to order, he turned Andie’s way. “Miss McGovern, the defense may proceed.”

Breathing deep, she prayed for favor and clarity, then rose. Just as when Judge Oakwell still presided, her stomach pitched, though not as forcefully. “Thank you, Your Honor. I call Rion Braddock to the stand.”

Her brother came forward and was sworn in.

“Mr. Braddock, please remind the court what you do for a living.”

“I’m a bounty hunter—have been for my whole adult life and then some.”

“Are you on friendly terms with a lot of the people you meet?”

Rion chuckled. “I tend to be hated among some parts of the world. Folks don’t look kindly on my sort gettin’ paid for turnin’ ’em in.”

“How many would you guess feel that way?”

“More than a few.” He shrugged.

“Thank you. When you escaped from the Cambria Springs jail, what was your intention? Did you plan to run away, or was there another thought?”

“I needed to clear my name.”

“So your intention wasn’t to run as far as possible.”

“My intention was to find out who’s framin’ me and bring ’em to justice.”

“How were you recaptured?”

“I wasn’t captured either time.” Rion straightened. “I willingly turned myself in, first when Calliope Wilson said all the evidence pointed to me for the murders, and again after I broke out.”

“Hardly the actions of a guilty man, Mr. Braddock.”

“I ain’t guilty.”

“Have you ever been in the brothel where the soiled dove known as Sweet Serafina worked?”

“Yes.”

“Why?”

“I was hunting the man who’d roughed her up some time earlier, and I needed to ask her some questions.”

“How long were you there?”

His cheeks reddened. “Longer than intended. She was, uh … busy … at the time I showed up. I had to wait for her to”—he cleared his throat—“unbusy herself.”

Laughter erupted, and some of the women in attendance looked mortified.

“Order!” Judge Vost banged his gavel.

Once silence returned, Rion continued. “I waited maybe an hour, and once I got in to talk to her, it was—I don’t know—ten minutes more.”

“Did you see or speak to anyone as you left?”

“Can’t say as I spoke to anyone the whole time I was there, other than to rebuff the offers from the other doves. I waited, I spoke to Serafina, and I left. I dunno who mighta saw me leavin’.”

“Was she alive when you departed?”

“Very much, miss. She threw a metal candlestick at my head for wastin’ her time. I ducked, and it hit the wall.”

More laughter rippled through the room, and the judge called the room to order. Daniel shifted sideways, probably to allow himself to see the crowd, as well as her.

“What about the night Mary Redmond disappeared? Did you return to walk her home at the end of business?”

“I did.”

“Was this a normal occurrence?”

“No. It was the Founders Day weekend, and the town was busy. When I saw her earlier in the day, she was concerned about gettin’ home that night with all the extra folks around. So I offered to come back and walk her home.”

“And she was alive when you left her?”

“Standin’ in her doorway, very much alive.”

“Did anyone see you?”

He shrugged. “Durn if I know. The streets weren’t empty, but I didn’t talk to no one. Just mounted up and rode off.”

“The night of Hattie Ingram’s disappearance, were you in Cambria Springs?”

“Yes.”

“Doing what?”

“I shot and field dressed a deer and accompanied Calliope Wilson back to the boardinghouse, gave Mrs. Ingram the meat, shared a meal with ’em, then headed back to the cave where I intended to sleep that night.”

“Was Miss Hattie there that evening?”

“No, miss.”

“Did you know where she was?”

Braddock shook his head. “I knew she was stayin’ elsewhere, but no one said where, and I didn’t ask. Wasn’t my business.”

“So in all three cases, you had legitimate reasons to be in Cambria Springs, even in the direct vicinity of the victims, that had nothing to do with any murderous intent.”

“That’s right. Like I said yesterday, I got no desire to harm a woman. Ever.”

“Thank you. The boots that you wear”—she scooped them up from the table where they sat—“do you wear them everywhere?”

“No, miss.”

Her stomach eased as she settled into her line of questioning. “When do you not wear them?”

“If I’m trackin’ someone or have need to be real quiet, if I don’t want to leave an easy trail to follow, then I switch to moccasins.”

“Like what you’re wearing now.” She motioned to his feet.

“Exactly what I’m wearin’ now—except this pair’s pert near wore out, since I been wearin’ ’em constant for weeks. Need to make a new pair.”

“Thank you, Mr. Braddock.” She marched back toward her seat. “Your witness, Mr. Littrick.”

Daniel approached. “Good morning, Mr. Braddock. What portion of the time do you wear moccasins instead of boots?”

“If I’m on a man’s trail out in the mountains or open country, I’ll live in moccasins. About town, I’ll be in my boots.”

“And if you’re not on a man’s trail?”

“I wear those boots most often, unless maybe I’m huntin’ for supper.”

“Thank you, sir.” Daniel nodded at her. “Your witness.”

She rose. “Mr. Braddock, you may return to your seat. Your Honor, I reserve the right to recall this witness.”

“Noted.”

She addressed her notes. “I call Dutch Uttley to the stand.”

After his entrance and swearing in, she approached. “Good morning, Mr. Uttley. Forgive me for interrupting a second day of your business.”

“I don’t mind it so much today.”

She grinned. “Thank you. What’s the nature of your relationship with Mr. Braddock?”

“Kin—by adoption. Or close enough.”

“Would you explain that, please?”

“Rion Braddock, Seth Kealey, and I were three orphan boys taken in by Ellwood Garvin. We spent four years at his place. We were just fostered, not adopted, but we learned to rely on each other like kin. It carried over. We ain’t blood, but we’re brothers.”

“Would your brother ever harm a woman?”

He shook his head vehemently. “No, miss. None of us would.”

“And why not?”

He was silent for a time, his jaw popping. “Garvin took in two orphan girls, and it didn’t take long to figure out he was mishandling them. We were young and scared. Wasn’t much we could do to help ’em, but we all vowed we’d never let such things happen to a woman around us again.”

“Thank you, Mr. Uttley. Your witness, Mr. Littrick.”

He rose. “I have no questions.”

She motioned for him to be dismissed. “I call Lucinda Peters to the stand.”

Once she was sworn in, Andie grinned to put Lu at ease. “I understand, Miss Peters, that you were present when Mr. Braddock escaped from jail.”

“I was.”

“Why were you there?”

“I’m a dime novelist and an aspiring reporter. I’d come to get Mr. Braddock’s story, and when Sheriff Downing threatened to remove me from his office, I made a calculated move and locked myself in one of the empty cells.”

Chuckles rose, bringing Judge Vost’s gavel into play.

“Order!”

As the din quieted, Lu continued. “To spite me, the sheriff chained me to the tree outside and didn’t return for most of that day—the same day of the terrible thunderstorm.”

The crowd’s levity quickly rolled into scowls and grumbling, and Sheriff Downing squirmed in his chair.

“I said order!” The judge rapped his gavel. “Next time I say it, I’ll start removing people.”

Quiet fell, and Andie prodded Lu to continue.

“Mr. Nesbitt, or Joe Trenamen—who was deputized at the time—rescued me from the storm, but he didn’t know whether I was under arrest. So, until he could find Downing, he locked me in the jail.”

“At the time of his escape, was Mr. Braddock wearing boots or moccasins?”

She scowled. “As I recall, boots.”

“How did you get out of the jail?”

“Once Mr. Braddock overcame his cell door, he found the keys, unlocked my cell, and told me to leave. He knew I was just there to talk to him.”

“What did you do?”

She gave a sheepish shrug. “I followed him. I still wanted his story.”

“Followed him?”

“He’d gone to the livery and saddled his two horses. I found him near there, stopped between buildings. His second horse was saddled, and during a loud peal of thunder, I mounted the horse and let him lead me away in the dark.”

Daniel and others covered their mouths and chuckled silently.

Andie shot Lu an amused look. “That was bold. How long were you with Mr. Braddock?”

“I don’t remember exactly.”

“Minutes? Hours? A day?”

“Days … about a week, I think.”

Andie’s eyebrows shot up. “That long?”

“Yes.”

“And during that time, how often did he wear his boots?”

“He didn’t. From the time we rode away from those buildings until the sun came up, we almost didn’t stop moving. There was no time for him to change to his moccasins. And as the sun rose, he already had them on, so I assume he changed into them after he left the jail and before I mounted his horse. The remainder of the time I was with him, he was either in moccasins or barefoot.”

“During that time, a posse was searching for Mr. Braddock?”

“Yes.”

“And where were the two of you?”

“Either on the run, or—most of the time—at Seth and Lena Kealey’s house.”

“Why did you go there?”

“We went down the mountain after leaving Cambria Springs, but Mr. Braddock turned around. On the night after his escape, he was spotted passing through town and was shot in the shoulder. We went to Seth and Lena’s for help. Neither of us left the house for several days while he recuperated.”

“You’re certain?”

“I’m well-versed in wound care. Other than a very brief span, I stayed with him the entire time, tending to the infection from the gunshot.”

“At what point did you and Mr. Braddock separate?”

“The day the posse returned to the Kealey’s and discovered Hattie Ingram had been found. I accompanied her home to help with her wounds.”

“Thank you, Miss Peters.” She paused, thinking through her next questions. “Did it frighten you at all to think the man who escaped from jail—whom you’d attached yourself to—was accused of killing two women … or that he might have kidnapped a third?”

“No. Sometimes, you just get a sense about people. I saw his concern and relief when I was rescued from being chained to that tree while lightning struck so close. He seemed truly worried for me. And the fact that he didn’t leave me locked up, nor did he force me to come along with him, showed he was concerned but without ill intentions.”

“You were with him for days. How did he treat you during that time?”

She turned a gentle smile Rion’s way, locking eyes with him as she answered. “Like a complete gentleman. He risked capture to get food for the both of us, among other things. Even after he was shot, he made sure I was safe.” Lu returned her focus to her. “Frankly, Miss McGovern, I’ve never felt more secure than when I was with him.”

“You mentioned leaving Mr. Braddock and the Kealey house for a short while. Why did you leave?”

Lu looked around the room. “I overheard a conversation while the posse was at the Kealey house. Rion and I were hiding, so I couldn’t see who was speaking, but it seemed to be between a posse member and someone else. One whispery voice asked how the other person lost a crippled woman—an injured, crippled woman —and I realized they were talking about Hattie.”

Gasps punctuated the air, and Andie looked around. Most wore shocked expressions as the judge banged his gavel and called the room to order.

Returning her focus to the witness, she continued. “And where was Mr. Braddock at the time?”

“Hiding in the same spot, very likely passed out.”

“You’re not sure whether he was awake?”

“We were in a narrow tunnel. I had crawled toward one end. He was at the other, but his moccasin-clad feet were within my view.”

“I’m sorry. I interrupted you on why you left Mr. Braddock for a little while.”

“Yes. After overhearing that conversation, I asked the Kealeys about who else lived in the area. They told me about Ollie Sapey, so after deliberation, we decided I would ask her if she knew about Hattie. I left to contact her.”

“Did she know anything about Miss Ingram?”

“At first, she didn’t let on that she did. In fact, she fired a shotgun over my head and told me to leave and not return.”

“At first. But she changed her story?”

“The next night, after dark, she came to Seth and Lena’s door and told us she had Hattie. That she’d rescued her the day of that awful thunderstorm, and she wanted us to take her back to her family.”

“Thank you, Miss Peters.” She waved toward Daniel. “Your witness.”

Daniel shook his head in appreciation. As Andie passed him, her brown eyes held a victorious glint. His case was unraveling, and she knew it. Whatever fears he had that she couldn’t rebut his case were ill-informed.

“Miss Peters, am I understanding correctly that you met Mr. Braddock the day of your calculated move at the jail?”

“That’s correct.”

“And you’ve known him for less than a month now.”

Redness stained her cheeks. “Yes.”

“You were together for roughly a week of that time.”

“Before we separated.” She sat taller. “I’ve spent time with him each day since he turned himself in.”

“But you didn’t know him at the time of Mary Redmond’s or Serafina’s deaths.”

“No.”

“So you took a gamble that he would be safe.”

Her cheeks grew even redder, though her tone was mildly defiant. “As I said, sometimes you just have a feeling about people.”

“That was a mighty big risk.” He turned toward Andie. “I’m finished with this witness.”

“Thank you, Miss Peters. You may step down.”

Daniel leaned an elbow on the table. Would she make her motion again now?

“I call Joe Trenamen to the stand.”

Not yet …

Joe replaced Lu, and Epps swore him in. Andie approached. “Mr. Trenamen, were you in the posse searching for Mr. Braddock?”

“Yes, the one that went up the mountain.”

“Why did you choose that one, sir?”

Trenamen rubbed his eyebrow. “One, I knew Braddock had a friend up that way, and two, I’ve tracked in mountainous terrain before.”

“Miss Wilson went with you, correct?”

“She did.”

Daniel frowned. Where was she going with this?

“Why would you take a woman along on a posse?”

“If we found either Hattie Ingram or Lu Peters alive and in a bad way, we wanted a woman along to provide care that us menfolk can’t offer. Miss Wilson was willing to endure the harsh conditions, and she’s a Pinkerton.” A hint of pride shone in his eyes. “She wouldn’t be denied.”

“But at some point, you and Miss Wilson left the posse to watch the Kealey house, correct?”

“Right. Knowing Braddock and Kealey are friends, we figured he might show up there.”

“What did you find around Seth Kealey’s house?”

“Lots of boot tracks. Large ones, with a crescent-shaped notch cut out of the right heel.”

“Did you confirm they were Mr. Braddock’s?”

“No. Mr. Braddock and Miss Peters were there, so we took his boot and compared it to the tracks. The tracks were shorter and narrower than his actual boots.”

“You must be joshing, Mr. Trenamen. Are you suggesting someone else might have a pair of boots with a crescent-moon-shaped mark in exactly the same spot of the right heel?”

“Seems so, miss.”

“You said there was one place very close to the Kealey house where you found these tracks. Where was that, sir?”

“Yes. At the end of the tunnel Lu Peters and Rion Braddock were hiding in when she overheard the conversation about losing Miss Hattie.”

“So one of the people she overheard could have been wearing boots like Mr. Braddock’s.”

He gave an emphatic nod. “That’s what I thought.”

“What condition was Mr. Braddock in when you found him at the Kealey place?”

“Weak and ill from a gunshot wound in his shoulder. He was in no shape to travel.”

“Was he wearing these boots when you found him?” She motioned to them.

“He wore moccasins the whole time we were there.”

Daniel grinned. She was casting doubt on whether the boot tracks were Braddock’s, and she knew it. In fact, she seemed to be having fun putting him in his place.

He shouldn’t be surprised. From those first moments on the train, she’d proven that. This was just a different method to the same end.

“Thank you, Mr. Trenamen.” She turned toward her seat. “Your witness.”

Daniel rose. “Did you see anyone else with similar boots in the area? And when I say similar, I mean shape and size …”

“Well, now, lots of men wear similar boots, but I didn’t make a specific study of anyone’s footwear up until we realized Braddock couldn’t have been making all those tracks.”

“You said it seems someone has boots with that crescent mark, but are you certain?”

“I suppose I’m not.”

“Thank you.” It was a weak rebuttal—but it was all he could think of.

Andie faced Mr. Trenamen. “As a trained investigator, what conclusion do you come to in a situation like this, where Mr. Braddock’s boots nearly match, but the tracks are a little different?”

“Leads me to believe that there’s a second set of boots, and I wonder if someone is making it look like the owner of the real boot did something he didn’t do.”

“Thank you, Mr. Trenamen. You’re dismissed. I call Seth Kealey.”

He entered, looking tired. Epps swore him in.

“Thanks for being here, Mr. Kealey. I’ll keep this brief so you can return to your wife and newborn son.” Andie smiled. “I understand you and Mr. Braddock have a long history.”

“Yes, miss. We were both taken in by Ellwood Garvin as kids, both ran from him at the same time, and worked together as bounty hunters for years before I gave it up. We’re brothers, through and through.”

“Would your brother ever harm a woman?”

“No.” A derisive snort punctuated the statement. “We each vowed not to after our time at Garvin’s. He’s always been real kind to any woman I’ve seen him with, includin’ my wife Lena.”

“Thank you. On another topic … while Rion Braddock and Lu Peters were at your house, you found a man watching your property around dusk. Did you see who he was?”

“Wish I had, but night was fallin’, and he was under the cover of trees. I knocked him unconscious, tied him over his saddle, and led his horse away.”

“The following day, you took Mr. Trenamen to the spot where you found this man. What did you see?”

“Boot tracks, like Rion’s, but Trenamen put Rion’s boot over the tracks, and they were too small to be his.”

“So it’s likely the man you knocked unconscious and tied over the saddle has a very similar pair of boots to Mr. Braddock’s.”

“Yes. That’s why I wish I’d seen his face.”

“Although you didn’t see his features, you did struggle to get his unconscious frame over his saddle. Is there anything that stands out about his size, his build …?”

Mr. Kealey nodded. “He was about Rion’s height but not as heavy. Rion passed out from his wound, and I had to wrestle him up on a horse, same as I did with the fella. The peepin’ tom was easier to get over a saddle than Rion, by far.”

“Anything else that stood out, Mr. Kealey?”

“I pulled the fella up by his arms.” He mimicked the action. “He had small wrists. Twiglike, almost.”

“Thank you, Mr. Kealey.” Andie grinned. “Your witness, Mr. Littrick.”

Daniel scanned the courtroom. Most sat in rapt attention—even the drunken contingent. Judge Vost’s rules had quelled the raucousness in the room, though a few—like the fella in the corner—still poured and tossed back plenty of whiskey. It seemed most everyone was enjoying Andromeda McGovern’s performance today.

He surely was.

Clearing his throat, he faced Seth Kealey. “I understand congratulations are in order.”

He nodded. “Yes, sir.”

“Son or a daughter?”

“A son.”

“Congratulations.” He paused. “Did you ask the posse whether they’d sent anyone to watch your house?”

“I asked Trenamen and Miss Wilson if anyone else came to watch us. They were the only ones.”

“But you didn’t ask Sheriff Downing?”

The man closed his eyes. “As I’m thinkin’ about it, I did. When the posse returned, I asked the sheriff. He sent Trenamen and Miss Wilson. No one else.”

“Thank you.” He sat again.

“Yes, thank you, Mr. Kealey.” Andie smiled. “You’ve been a great help.”

Judge Vost shifted in her direction as Kealey left the stand.

“Miss McGovern, I’m trying to judge the time with your remaining witnesses and when I should call a recess.”

“I have one more witness, Your Honor, and then I’d like to recall Mr. Braddock for just a moment. I can be done in fifteen minutes, unless Mr. Littrick has lots of questions.”

Vost nodded. “Then by all means, proceed.”

“Thank you. I call Hattie Ingram to the stand.”

She shuffled in, looking as pale and thin as when they’d interviewed her days earlier. Marshal Epps swore her in.

“Thank you for coming today, Miss Ingram. I know this has been a very trying time. It can’t be easy to talk about.”

“No.”

“I won’t ask you to describe the events of that night. What I’d like to know is whether you saw the man who took you.”

“He grabbed me from behind, so I never saw him when I was first taken. He drugged me and tied me over a saddle because, later, I saw him mounted on another horse ahead of me.”

“Can you say whether or not it was Rion Braddock?”

She swallowed hard. “I know for sure it was not .”

“How can you be sure?”

“The man on the horse had a leaner build. Mr. Braddock is thicker. And—” Her chin quivered. “When the man grabbed me in the barn, I latched onto his arm. His wrist was too dainty to be Mr. Braddock’s.”

“And you knew Mr. Braddock had larger wrists because …?”

“He let me hold his arm as he walked me to our wagon the day of the medicine show. I couldn’t help but notice how big he was.”

“Do you recall anything about the horses—either the one he rode or your own?”

“Not much. Like I said, he kept me drugged. But I did notice one time that his horse was a pretty black with white stockings. Only the stockings looked strange.”

“Strange, how?”

“They weren’t solid. Any stockings I’ve seen on a horse are just white. These looked … cracked, maybe?”

“Cracked?”

“There was black showing through from under the white.”

“Miss Hattie, are you able to walk to the door and look out?”

“Yes, miss.”

After attaining Judge Vost’s approval, Andie led her witness to the door and, with the help of Marshal Epps, led Braddock’s horse to the front of the saloon.

“Is this the horse you saw?”

“Similar, but those aren’t the stockings I saw.”

“Thank you, Miss Hattie. Mr. Littrick, do you have any questions?”

For Hattie’s sake, he shook his head. “No.”

“Then you can go on, miss. Thank you again for coming down.”

It took a moment for Epps to retie Braddock’s horse and get the room settled again. Then Andie called Rion Braddock back to the stand. The judge instructed him that his former swearing in was still in effect.

“Your boots, Mr. Braddock. Where did you purchase them?”

He shook his head. “I didn’t. They were given to me.”

“A new pair of boots, given to you? That’s a generous gift.”

“Not new. Used.”

“Used?”

She looked surprised, although by now, Daniel knew she was playing to the crowd. She was rather good at it.

“What nice person gifted you a pair of used boots.”

“A woman I used to be romantically involved with. Maya Fellows.”

The name clanged in Daniel’s mind. As he recalled the wild woman in the cemetery, a murmur rattled through a part of the audience. Before he could turn to look, Judge Vost employed his gavel.

“Order, or I’ll clear the courtroom!”

The whispers died, although Daniel glanced toward the din, noting the faces. Several—mostly those associated with Dr. Chellingworth’s medicine show—wore shocked looks. Why?

“How did Miss Fellows come to possess those boots?”

He faced front.

“Her brother died, and she had some of his possessions, including his boots. They weren’t doin’ no good just sittin’ there, so she gave ’em to me.”

“Did you place this mark in the heel?” Andie indicated the marked boot.

Braddock shook his head. “That was there from the time Maya gave ’em to me.”

“So would you say, then, that someone else could’ve known of that mark?”

“I reckon so.”

“Thank you, Mr. Braddock.” She nodded to him. “Your witness.”

He stood.

“Who do you think knew of that mark, Mr. Braddock?”

Braddock shrugged. “Probably Maya. I don’t know beyond that. She’s got plenty of friends and often sees ’em.”

Behind Daniel, chairs scraped, and he turned to see the bearded woman and the man with the darkened spectacles walk out while the others in the medicine show group looked on, flummoxed.

“I appreciate it, Mr. Braddock.”

Once he sat, Andie rose again. “Your Honor, at this time, I would like to revisit my motion to drop the two murder charges against my client. There’s ample evidence to show others kidnapped Hattie Ingram, and all the same evidence of boot tracks and matching horses was used in Mary Redmond’s and Serafina’s murders. If it wasn’t true in Hattie’s case, it strongly calls into question whether it is true in the other women’s cases.”

Judge Vost nodded. “I guessed you might call for that, Miss McGovern. We could all use a recess. I’ll consider it during the break.” Again, he checked his watch. “Court is in recess until one this afternoon.” He banged his gavel, and the room came alive.