Alvin Journeyman: The Tales of Alvin Maker, Volume IV (32 page)

“God be with you, ma’am/’ said Mike Fink.

“Call me Miss Larner, please,” said Peggy. “I’m not married.”

“So far, anyway,” he said.

Even though he hardly slept the night before, Verily was too keyed up to be sleepy as he entered the courtroom. He had met Alvin Smith, after all these weeks of anticipation, and it was worth it. Not because Alvin had overawed him with wisdom—time enough to learn from him later. No, the great and pleasant surprise was that he liked the man. He might be a bit rough-hewn, more American and more countrified than Calvin. What of that? He had a glint of humor in his eyes, and he seemed so direct, so open . . .

And I am his attorney.

The American courtroom was almost casual, compared to the English ones in which Verily had always litigated up to now. The judge had no wig, for one thing, and his robe was a little threadbare. There could hardly be any majesty of law here; and yet law was law, and justice was not utterly unconnected to it, not if the judge was honest, and there was no reason to think he wouldn’t be.

He called the court into session and asked for motions. Marty Laws rose quickly. “Motion to have the golden plow removed from the prisoner and placed into the custody of the court. It doesn’t make any sense for the very item in question to remain in the possession of the prisoner when . . .”

“Didn’t ask for arguments,” said the judge. “I asked for motions. Any others?”

“If it please the court, I move for dismissal of all charges against my client,” said Verily.

“Speak up, young man, I couldn’t hear a word you said.”

Verily repeated himself, more loudly.

“Well, wouldn’t that be nice,” said the judge.

“When the court is ready for argument, I’ll be glad to explain why.”

“Explain now, please,” said the judge, looking just a little annoyed.

Verily didn’t understand what he had done wrong, but he complied. “The point at issue is a plow that all agree is made of solid gold. Makepeace Smith has not a scintilla of evidence that he was ever in possession of such a quantity of gold, and therefore he has no standing to bring a complaint.”

Marty Laws pounced at once. “Your Honor, that’s what this whole trial is designed to prove, and as for evidence, I don’t know what a scintilla is, unless it has something to do with
The Odyssey
—”

“Amusing reference,” said the judge, “and quite flattering to me, I’m sure, but please sit back down on your chairybdis until I ask for rebuttal, which I won’t have to ask for because the motion to dismiss is denied. Any other motions?”

“I’ve got one, your honor,” said Marty. “Amotion to postpone the matter of extradition until after—”

“Extradition!” cried the judge. “Now what sort of nonsense is this!”

“It was discovered that there was an outstanding warrant of extradition naming the prisoner, demanding that he be sent to Kenituck to stand trial for the murder of a Slave Finder in the act of performing his lawful duty.”

This was all news to Verily. Or was it? The family had told him some of the tale—how Alvin had changed a half-Black boy so the Finders could no longer identify him, but in their search for the boy they got into the roadhouse where his adopted parents lived, and there the boy’s mother had killed one of the Finders, and the other had killed her, and then Alvin had come up and killed the one that killed her, but not until after the Finder had shot him, so it was obviously self-defense.

“How can he be tried for this?” asked Verily. “The determination of Pauley Wiseman, who was sheriff at the time, was that it was self-defense.”

Marty turned to the man sitting, up to now silently, beside him. The man arose slowly. “My learned friend from England is unaware of local law, Your Honor. Do you mind if I help him out?”

“Go ahead, Mr. Webster,” said the judge.

So . . . the judge had already had dealings with Mr. Webster, thought Verily. Maybe that meant he was already biased; but which way?

“Mr.—Cooper, am I right?—Mr. Cooper, when Kenituck, Tennizy, and Appalachee were admitted to the union of American states, the Fugitive Slave Treaty became the Fugitive Slave Law. Under that law, when a Slave Finder engaged in his lawful duty in one of the free states is interfered with, the defendant is tried in the state where the owner of the slave being pursued has his legal residence. At the time of the crime, that state was Appalachee, but the owner of the slave in question, Mr. Cavil Planter, has relocated in Kenituck, and so that is where by law Mr. Smith will have to be extradited to stand trial. If it is found there that he acted in self-defense, he will of course be set free. Our petition to the court is to set aside the matter of extradition until after the conclusion of this trial. I’m sure you’ll agree that this is in the best interests of your client.”

So it seemed, on the surface. But Verily was no fool—if it
was
in the best interest of Alvin Smith, Daniel Webster would not be so keen on it. The most obvious motive was to influence the jury. If people in Hatrack, who mostly liked Alvin, came to believe that by convicting him of stealing Makepeace’s plow they might keep him from being extradited to a state where he would surely be hanged, they might convict him for his own good.

“Your Honor, my client would like to oppose this motion and demand an immediate hearing on the matter of extradition, so it may be cleared up before he stands trial on the charges here.”

“I don’t like that idea,” said the judge. “If we have the hearing and approve the extradition, then this trial takes second place and off he goes to Kenituck.”

Marty Laws whispered to Verily, “Don’t be daft, boy! I’m
the one as pushed Webster into agreeing to this, it’s crazy to send him to Kenituck.”

For a moment Verily wavered. But by now he had some understanding of how Webster and Laws fit together. Laws might believe that he had persuaded Webster to put off the extradition, but Verily was pretty sure the reality went the other way. Webster wanted extradition postponed. Therefore Verily didn’t.

“I’m quite aware of that,” said Verily, a statement that had become true not five seconds before. “Nevertheless, we wish an immediate hearing on the matter of extradition. I believe that is my client’s right. We don’t wish the jury to be aware of a matter of extradition hanging over him.”

“But
we
don’t want the defendant leaving the state while still in possession of Makepeace Smith’s gold!” cried Webster.

“We don’t know whose gold it is yet,” said the judge. “This is all pretty darn confusing, I must say. Sounds to me like the prosecution is pleading the defense’s cause, and vice-versa. But on general principles I’m inclined to give the capital charge precedence over a matter of larceny. So the extradition hearing will be—how long do you boys need?”

“We could be ready in this afternoon,” said Marty.

“No you can’t,” said Verily. “Because you have to obtain evidence that at present is almost certainly in Kenituck.”

“Evidence!” Marty looked genuinely puzzled. “Of what? All the witnesses of Alvin’s killing that Finder fellow live right here in town.”

“The crime for which extradition is mandatory is not killing a Finder, plain and simple. It’s interfering with a Finder who is in pursuit of his lawful duty. So you must not only prove that my client killed the Finder—you must prove the Finder was in lawful pursuit of a particular slave.” The thread that Verily was holding to was what the Miller family back in Vigor had told him about Alvin changing the half-Black boy so the Finders couldn’t Find him anymore.

Marty Laws leaned close to Daniel Webster and they conferred
for a moment. “I believe we’ll have to bring us a Slave Finder over the river from Wheelwright,” said Laws, “and fetch the cachet. Only that’s in Carthage City, so . . . by horse and then by train . . . day after tomorrow?”

“That works for me,” said the judge.

“If it please the court,” said Webster.

“Nothing has pleased me much so far today,” said the judge. “But go ahead, Mr. Webster.”

“Since there is some considerable history of people hiding the slave in question, we’d like him taken into custody immediately. I believe the boy is in this courtroom right now.” He turned and looked straight at Arthur Stuart.

“On the contrary,” said Verily Cooper. “I believe the boy Mr. Webster is indicating is the adopted son of Mr. Horace Guester, the owner of the roadhouse in which I have taken lodging, and therefore he has presumptive rights as a citizen of the state of Hio, which decrees that he is presumed to be a free man until and unless it is proven otherwise.”

“Hell’s bells, Mr. Cooper,” said Marty Laws, “we all know the Finders picked the boy out and took him back across the river in chains.”

“It is my client’s position that they did so in error, and a panel of impartial Finders will be unable, using only the cachet, to pick the boy out from a group of other boys if his race is concealed from them. We propose this as the first matter for the court to demonstrate. If the panel of Finders cannot pick out the boy, then the Finders who died in this town were
not
pursuing their lawful business, and therefore Kenituck has no jurisdiction because the Fugitive Slave Law does not apply.”

“You’re from England and you don’t know diddly about what these Finders can do,” said Marty, quite upset now. “Are you trying to get Arthur Stuart sent off in chains? And Alvin hanged?”

“Mr. Laws,” said the judge, “you are the state’s attorney in this matter, not Mr. Smith’s or Mr. Stuart’s.”

“For crying out loud,” said Marty.

“And if the Fugitive Slave Law does not apply, then I submit to the court that Alvin Smith has already been determined by the sheriff and attorney of Hatrack County to have acted in self-defense, and therefore to bring charges now would put him in double jeopardy, which is forbidden by—”

“I know exactly who and what forbids double jeopardy,” said the judge, now getting a little edgy with Verily.

What am I doing wrong? Verily wondered.

“All right, since it’s Mr. Smith’s neck that’s on the line, I’ll deny the prosecution’s motion and grant the defense motion to set up a blind test of a panel of Finders. Let’s add another day—we’ll meet on Friday to see if they can identify Arthur Stuart. As for putting Arthur in custody, I’ll ask the boy’s adopted father—is old Horace in the court today?”

Horace stood up. “Here I am, sir,” he said.

“You going to make my life difficult by hiding this boy, so I have to lock you up for the rest of your natural life for contempt of court? Or are you going to keep him in plain sight and bring him to court for that test?”

“I’ll bring him,” said Horace. “He ain’t going nowheres as long as Alvin’s in jail, anyhow.”

“Don’t get cute with me, Horace, I’m just warning you,” said the judge.

“Got no intention of being cute, dammit,” murmured Horace as he sat back down.

“Don’t curse in my courtroom, either, Mr. Guester, and don’t insult me by assuming that my grey hair means I’m deaf.” The judge, rapped with his gavel. “Well, that does it for motions and—”

“Your Honor,” said Verily.

“That’s me,” said the judge. “What, you got another motion?”

“I do,” said Verily.

“And there’s the matter of arguments on the motion to produce the plow,” offered Marty Laws helpfully.

“Dammit,” muttered the judge.

“I heard that, judge!” cried Horace Guester.

“Bailiff, put Mr. Guester outside,” said the judge.

They all waited while Horace Guester got up and hurried out of the courtroom.

“What’s your new motion, Mr. Cooper?”

“I respectfully request to know the position of Mr. Webster in this courtroom. He seems not to be an official of the county of Hatrack or the state of Hio.”

“Ain’t you co-counsel or some other fool thing?” asked the judge of Daniel Webster.

“I am,” said Webster.

“Well, there you have it.”

“Begging your pardon, Your Honor, but it seems plain to me that Mr. Webster’s fees are not being paid by the county. I respectfully request to know who
is
paying him, or if he is acting out of the goodness of his heart.”

The judge leaned on his desk and cocked his head to look at Daniel Webster. “Now that you mention it, I do recall never seeing you represent anybody as wasn’t either very rich or very famous, Mr. Webster. I’d like to know myself who’s paying you.”

“I’m here volunteering my services,” said Webster.

“So if I put you under oath and ask you to tell me if your time and expenses here are or are not being paid by someone other than your own self, you would say that you are receiving no payment? Under oath?”

Webster smiled faintly. “I’m on retainer, and so my expenses are paid, but not for this case specifically.”

“Let me ask it another way. If you don’t want the bailiff to put you out with Mr. Guester, tell me who’s paying you.”

“I am on retainer with the Property Rights Crusade, located at 44 Harrison Street in the city of Carthage in the state of Wobbish.” Webster smiled thinly.

“Does that answer your respectful request, Mr. Cooper?” the judge asked.

“It does, Your Honor.”

“Then I’ll declare this—”

“Your Honor!” cried Marty Laws. “The matter of possession of the plow.”

“All right, Mr. Laws,” said the judge. “Time for brief arguments.”

“It’s absurd for the defendant to remain in possession of the property in question, that’s all,” said Marty.

“Since the defendant himself is in the custody of the county jail,” said Verily Cooper, “and the plow is in his possession, then, like his clothing and his pen and ink and paper and everything else in his possession, the plow is obviously in the custody of the county jail as well. The state’s motion is moot.”

“How do we know that the defendant even
has
the plow?” asked Marty Laws. “Nobody’s seen it.”

“That’s a point,” said the judge, looking at Verily.

“Because of special properties of the plow,” said Verily, “the defendant feels it unwise to let it out of his sight. Nevertheless, if the state wishes to designate three officers of the court to see it . . .”