Clad in a plain blue linen shirt and breeches, on his
back a red pea jacket stolen from a French sailor, Richard
Makepeace sat on a three-legged stool before the bar of justice.
Heavy chains circled his chest and looped his wrists and ankles.
An iron collar embraced his neck.
"Oyez! Oyez!" the
court crier shouted. "The court will please come to order.
The Honorable Silas Payne, presiding judge."
When Makepeace turned to
look at the judge, the metal choker's rough edge nicked his neck.
Blood droplets sprinkled his shirt. An omen, he thought --and not
a gracious one.
The judge's countenance was
long, withering, and sour as that of a baboon. Forlorn hope there,
Makepeace figured.
Unmarked by the pox,
Makepeace's face seldom failed to inspire confidence in his
behavior. Scarcely twenty, he knew he was far too handsome for his
own good. Times often were, he thought he could have done better
with himself.
"Is the accused this
good-looking rascal with the wavy black hair?" Judge Payne
inquired.
"That's the ornery
thief," the bailiff mumbled. He gave Makepeace's harness a
wrench to make sure it was tight enough.
"We'd better move
along with it," the judge declared. "Swear in the jury,
bailiff. Give it your best effort. We have a number of
distinguished citizens serving on our panel today."
The judge hammered his
gavel on the mahogany bench. Makepeace pondered he could pound a
spike nail into the top of the bar with fewer pains.
A kindly appearing
aristocrat wearing a brown frockcoat trimmed in gray squirrel was
selected to be the jury foreman. Makepeace reckoned the man owned
a large plantation, tobacco in all probability. A rich planter
would not extend a seed of mercy for him.
The judge spoke to the
planter. "Morning, Solomon Seney. I hope you haven't made
plans for dinner, because I thought I would take you to the Red
Horse Inn for a plate of fish and a glass of wine."
Solomon Seney nodded
pleasantly at the judge. The cruel fix was in. Makepeace
had no doubt about it, a subtle if paltry bribe. Bring in the
guilty plea, Mr. Foreman, and I'll take you to dinner.
"Stand up, prisoner,
so you can give your name," the bailiff ordered in an
inordinately loud voice.
Makepeace struggled to
rise. When he put his hands on the stool to lift himself, it
toppled beneath him. He joined it on the floor, his chains
clanking like tin church bells. More than a few spectators
snickered.
The bailiff strode over to
Makepeace, grabbed his harness and yanked him to his feet, giving
the chains another miserable rattle.
Judge Payne frowned.
"You're a clumsy fool, young man."
"I'm sorry, yer
honor," Makepeace said.
The bailiff shoved the
chained prisoner back onto his stool and thrust a Bible in his
face. "Put your hand on the Good Book and make your
plea."
Makepeace placed his hand
on the black tome and tried to look righteous, which he did not
consider too difficult. By and large, virtue and good-looks were
considered betrothed if not wedded. He poured out his oath at the
top of his voice, even as he tried to convince himself it was
true. "I swear by God that I am innocent of this crime."
Judge Payne
rolled his large simian eyes at the ceiling, then turned to the
prosecutor. "It's been ten days since this felony took place,
Mr. Hammer. Such leniency is an encouragement to the criminal
class."
Nor was Makepeace
eager to postpone the proceedings, although he felt no
encouragement by the delay. He hadn't slept well last night, nor
the night before. His basement cell was cold and damp, the air
musty and the dirt floor rank with crawling insects of debatable
ancestry.
Little chance
existed that he would doze off during the trial, the stiff metal
collar chafing his neck as it did. At least he weren't hungry. The
sheriff's wife was a tolerable good cook. If ye hadn't eaten for a
day or two, her giblet pie would be worth getting arrested for.
From the prosecution's
table, Elvin Hammer rose, scrawny and tall, his head like death's
skull on a mop stick. "I apologize for the delay, Your Honor.
The humidity affects my asthma worse than anything God laid on
Job."
The judge offered
not an ounce of compassion. "Well, be that as it may, Mr.
Hammer. God has good reasons for what befalls His creatures."
And He's working overtime on my
behalf, Makepeace reflected.
"Jarvis
Adams will come forward," the bailiff announced.
The dapper
merchant moved toward the witness box. A large man in a scarlet
waistcoat embroidered with white stars, Adams looked like a fat
red skyrocket all set to explode. Makepeace thought he would enjoy
lighting the fuse.
Jarvis spoke as
soon as he rose from the spectator's section and started for the
bench. "Your Honor, this man don't look like no criminal, but
he's full of the Old Ned."
Adams wiped his
sleeve across his lips. He had a mouth resembling a sparrow. When
he spoke, his head opened from ear to ear, like a chick eager for
a worm.
"Jarvis,
please take the oath before you tell your story," the judge
ordered.
"This ain't no story,
your honor," Adams whined. "I didn't come here to tell
no lies. Bring me the Bible, bailiff."
Adams placed his fat hand
on the book and swore to tell the whole truth and the truth only,
so help him Almighty God. Well, they got God in their corner
now, Makepeace thought.
"Jarvis, tell the
court what the accused did," the prosecutor said.
"That's what I'm
trying to do, if you don't mind. Just give me a chance."
"Start at
the beginning," Hammer urged.
Adams frowned with obvious
vexation. "Your Highness, I'll do just that, only don't
interrupt me no more. I ain't used to making public speeches and
you ain't no help. Mr. Makepeace took a ladder from me own barn
and hoisted it up the side of me house. Him and Mr. Filmore
climbed up it to get into me bedroom window. Me and the missus was
sleeping peacefully in the arms of God until . . . there they
was! Standing in me bedroom like two bloody actors on the
bloody stage. Mr. Makepeace was clutching a lantern and waving his
pistol at me."
With his right hand, Adams
pointed his index finger at his temple and cocked his thumb.
"He threatened to blow me brains away if I don't give him all
me money!"
Enrapt, the jury waited for
the click of the hammer on Adams' imaginary pistol. The courtroom
was as quiet as a church full of Quakers waiting for a moving of
the Spirit. Makepeace squirmed on his stool, thinking there wasn't
a person in the room who didn't believe it could happen to him as
easily as it happened to Adams.
Adams clacked his tongue. A
communal gasp rose from the spectators.
"I started praying to
God Almighty -- oh, how I prayed!" Adams wailed. "I
begged dear God for a miracle."
"Oblige the court by
telling us what happened next," Mr. Hammer said.
Adams pressed his legs
together and bent his knees. "I'm ashamed to tell it, but I
wet all over me nightshirt."
Makepeace's lawyer did not
join the ensuing laughter. Sitting at the counsel table in his
yellow satin suit, his waistcoat aloose to make room for his belly
to take breaths without hindrance, he neither smiled nor frowned,
although Makepeace heard a small hiccup. But what could he expect
from that pettifogger? No help would come from the chap, leastwise
not 'til the devil went blind. And Old Nick's eyes probably wasn't
even sore.
The judge rapped his gavel
handily.
"And pray tell, Mr.
Adams, what quandary did your wife find herself in?" purred
the old prosecutor.
"Filmore stuck his
hand in the top of Hortense's nightgown and rubbed up against her.
Me missus twisted and revolted against him so much, he shoved her
to the floor."
"And what else?"
"Tied up me and her
with hemp. I still got rope burns on me wrists."
"How much money did
the thieves steal?"
"Oh your Lordship, I
hadn't counted it for two or three days." Adams scratched at
his neck. "More than I could afford to lose, what with the
hungry mouths I got to feed -- several hundred pounds those
rapscallions took."
Makepeace groaned under his
breath. Adams was full of lies, no matter what he pledged on the
Bible. The man had no more than thirty shillings in his house,
coins that purchased him and Filmore a night at an inn and fed
them for a couple of days. Then they were bankrupt again.
"Was there anyone else
in your house when this cowardly deed occurred?" the
prosecutor asked.
"Me five children,
Your Honor," Adams said. "The little creatures slept
right through it -- thank the Lord! -- no telling what those
crooks would have done to those poor innocent babes."
"No one came to your
assistance?"
"Me manservant
William. He lives in the little house next door."
Little house all right.
Makepeace had assumed it was the pump station for the well, that's
how small it was.
"And what caused him
to get up?" asked the prosecutor.
"Just give me a
minute." Adams kneaded his groin. "William got up to
look for his chamber pot. He's a old man what has to get up
several times in the night. That's why he heard the noise. He seen
these robbers going down me ladder as they was leaving."
"What did he do?"
"William stuck his
head out the window and threatened them with the sheriff."
"Did that frighten
them?"
Adams snorted. "Mr.
Makepeace come back up the ladder and ordered me to shut William
up or he'd knock me across the side of me head with his
pistol."
Makepeace shook his head
sadly -- but slowly, so that the collar would not nick him again.
He'd done no such thing as Adams claimed. He had behaved like a
gentleman robber. He had never behaved in any other manner.
Several times in the past, he had apologized for taking valuables
from his victims. He didn't suppose, however, that made him any
less guilty. He just hoped that if his mother observed his
behavior from some cloud in God's heaven, she wouldn't be too
ashamed of him.
"Then what happened,
Mr. Adams?" Hammer's words were trailed by his labored
asthmatic breathing.
Adams continued his story.
"Your Honor, William didn't pay those thieves no mind.
Straight away went for his trusty musket. Fired out his window at
them and loaded up and done it again."
"And pray tell,
what--?"
"They fired right
back."
Makepeace groaned again.
Adams was kicking up his heels and the lies kept spitting out of
his mouth. They hadn't a sniff of powder in their pistols. Too
poor to afford any. If they'd had any money, they'd have bought
victuals at Adams emporium and not bothered to rob him in the wee
hours of the morning, their stomachs grumbling all the time.
"And after that?"
coached the prosecutor.
"The robbers run off
and William come and unfastened me and Hortense. Then he went and
summoned the sheriff."
"And you offered a
reward if the robbers were captured?" Mr. Hammer asked.
Adams puffed up like ripe
bread dough. "I did that, Your Worship. Five precious pounds.
Five pounds they didn't know I had when they robbed me because I
hid it real good."
"Was the reward
claimed?"
"Mr. Andrew Filmore
come forward and claimed it. He said he knew about it because he
was a -- uh -- friend of the accused. That was before he admitted to being his
accomplice." Adams' sparrow mouth opened from ear to ear with
what Makepeace assumed was a grin. "I didn't have to pay
nothing once Filmore confessed to being guilty."
The prosecutor wheezed
twice, cleared his throat and sauntered to the jury box. Placing
his hands on the railing, he leaned forward. "Members of the
jury, I would like to make you aware that Mr. Filmore was brought
to trial last Thursday. He was found guilty and sentenced to be
hanged. Pending the outcome of these proceedings, he awaits his
execution. If it please the Court, I will request his
testimony."
It was the first time
Makepeace had heard that the lickspittle Filmore had turned
state's evidence. He intended to let the son of bitch know he
didn't care for his disloyalty.
* * *