The Cogan Legend (32 page)

“Yes.”  

Clearly annoyed, Brandt rose to his feet. “Objection, Your Honor. Irrelevant. His brother is not on trial.”   

This time the judge looked at Hoffman for a rebuttal.

“Your Honor, I'm just trying to connect the defendant to an accomplice.  It's pretty clear he couldn't have done all of this alone.”

The audience laughed.   

Judge Gerhard thought for a second. “Overruled.”

Brandt sat, and Hoffman turned to the Lieutenant.  “Where did you see these two men together?”

“In the Market House during a Saturday night dance.”

“Did anyone else see them together?”

“Yes.  My girlfriend, Ann Fairchild and Rachel Miller, the victim.”  

“Did Ann and Rachel comment about them?”  

“Yes.”

“What did they say?”

“Rachel told Ann she saw the defendant and his brother, and the defendant was staring at Ann.”

The defense quickly objected.  “Your Honor.  This is hearsay.”  

“Overruled.  Continue.”

“Ann said she saw him too.  I saw them but never gave it much thought until Rachel mentioned it, and then when I looked for them they were gone.”   

“Lieutenant, did you see them after that?”

“Not together.  I saw the defendant's brother the next evening, the night before the murder.”

“Where did you see him?”

“At Mr. Parson's inn in Herndon.”

“Why were you at Mr. Parson's inn?”

“We stayed there overnight; I was escorting the party back to Mr. Fairchild's lodge.  He confronted Rachel. Then we saw him in the saloon staring at the girls; he frightened them.”

“Did you approach him?”

“I was going to, but they asked me not to.”

“Lieutenant, was Mr. Hess with you?”

“Yes.”

“So he could verify all this?”

“Yes.”

“Did you see either of these two men the next day?”

“Yes.  I saw the defendant's accomplice.”

“Objection!”  Brandt said wearily.  “The fact that this person was with his brother may be in evidence but that he was an accomplice is not.”

“Sustained. The jury will disregard that comment.”

Hoffman frowned at his witness. “The defendant's brother; where did you see him?”

“I saw him standing on the porch as we passed his house.”

“What else did you see?”

Phillip's brows pinched together in thought. “I recall his horse standing there with the saddle on it as if he meant to leave after the coach passed through.”

“Could Mr. Hess verify this as well?”

“I don't know since I rode behind the coach.”

“Were you concerned at this point?”

“No.”

“As you headed up the Cogan road, did Mr. Hess quicken the horses?”

“Yes.”

“Why did he do that?”

“Objection!  Calls for speculation,” Brandt said quickly.

Hoffman paused. “Did Mr. Hess tell you why he quickened his pace?”

“I expected him to do so because he said he hates that part of the Cogan and because the girls had been frightened by the defendant and his brother on previous trips.”

Hoffman shifted his gaze toward the defendant's bench.  “Did you see the defendant as you passed his house?”

“No.”

“Lieutenant, can you describe for the jury what you remember after passing the defendant's house?”

“We passed the house and I felt relieved. I thought there would be no problems after that.  I heard a shot, and that's all I remember until I regained consciousness. Then I staggered to the coach and grabbed at the man inside.  We struggled, and he kicked me, and I flew against a tree.  I was knocked out again until Mr. Hess brought me around.  I saw Ann holding Rachel in her arms crying and sobbing.  I tried talking to her but she was in shock.  I started feeling better by this time, so I asked Mr. Hess which way they had gone.  He just pointed to a blood trail which I followed.”  

“Whose blood did you think it was?”

“I didn't know.”

“So you followed the trail and where did it lead?”

“To the defendant's house and stable.”

“Did you see the defendant?”

“No.”

“What else did you see at that time?”

“The entire place was engulfed in flames.”

“And you still didn't see anyone?”

“No.”

“Lieutenant, would you conclude that the defendant and his brother were responsible for everything that happened?”

“Yes.”  

Brandt lifted a hand.  “Objection, Your Honor, this is his opinion.”   

Hoffman responded.  “Your Honor, Lieutenant Matter captured the defendant.  I'm trying to establish the defendant's involvement including the defendant's capture.  It is relevant for the jurors to hear the events leading up to his capture.”
  
 

“I'll allow it.”  

“Thank you, Your Honor.”  Hoffman turned toward his witness.  “Earlier, when all of you passed the defendant's house with the coach was it on fire?”

“No.”

“After all the events that transpired, after you passed the defendant's house, after you were shot and Mr. Hess was assaulted…after those events including Rachel Miller's murder and Ann Fairchild's assault, you found a blood trail that led directly to the defendant's house?”

“Yes, sir.”

The crowd murmured.

Judge Gerhard banged his gavel.  “Quiet!”

After the uproar died down, Hoffman asked, “Even though you didn't see anyone, would you or any other man with an ounce of common sense say that a blood trail leading to the defendant's house, and the house ablaze would be a pretty good indication of guilt?”

“Objection, Your Honor!”   

Judge Gerhard sighed.  “Sustained. Try not to lead the witness or the jury, Mr. Hoffman.”

“Sorry,” Hoffman smiled.  “When did you return to the Cogan?”

“On the way back to Sunbury, after Rachel Miller's funeral.”

“What did you find?”  

“I stopped at the sight of the stable.  I wanted to get a drink, and then when I walked to the well I was shocked, actually scared; I jumped back.”

“Why?”

“In the well floating face up with his head split open was the defendant's brother.”

The crowd got loud; Judge Gerhard slammed his gavel on the desk.

“Lieutenant, do you have any idea how he got there?”

“No.”  

“You testified that you didn't know whose blood trail you were following then.  Do you know now?

“Yes, the defendant's brother.”

“Why?”

“I think he was also murdered at the coach, dragged down the road and thrown into the well.”  

“Objection, Your Honor.  There are no eyewitnesses; this is his opinion.”  

“Sustained.”  

Hoffman nodded. “When you brought your troops on a search party did you find anything significant connecting the site of the murder to these two men?”

“Yes, I was curious to see if there was a trail or path leading to that particular spot.”

“Did you find a trail?”

“Yes, Tom Straub and I followed a trail wide enough for a horse; it led directly over the mountain to the defendant's brother's house.”

“In other words it was a shortcut to that particular location?”

“Yes.”

“The location you refer to, is there any significance to it, or is it just like any place along the road?”

“It does have significance; at this particular location a man can jump directly onto a wagon or coach and knock out the driver; it's that close to the bank.”

“Lieutenant, when you captured the defendant, Poll Soll, where did you find him?”

“In a cave; I think it's a burial cave.”

“Was this cave far from the Cogan road?”

“No.”  

“Would you say two miles, one mile?”

“Oh no, when we captured him, the cave could be seen from our campsite.  He had it hidden and disguised so well we almost didn't find it.”

“When you captured him did he say anything?”

“Yes, he said, ‘bury me here'; those are the only words I heard him speak.”  Phillip paused and then said, “That sounds like guilt to me.”  

The crowd murmured its agreement and twelve jurors, as one person, nodded as well.

Brandt stood. “Objection!  Do you think the defendant could drag a body down the road, and throw it into the well, light the buildings on fire and escape to this cave undetected? Guilt has not been established.”  

Judge Gerhard lifted a hand. “You can ask your questions later, Mr. Brandt. Your objection is noted. He turned to the witness. “Lieutenant, confine your answers to the prosecutor's questions.”

“Yes, sir.”  Phillip paused and then addressed the judge.  “Sir, the defense attorney did ask a question. May I answer it?”

Brandt paled.

The judge couldn't stop the quick smile that crossed his face.  Then he sobered. “You did ask a question, Mr. Brandt.  I'll allow the answer.”

Phillip turned toward the jury. “Yes, he is very strong, even with the bad leg.”  

Judge Gerhard waggled a finger. “Speak to the attorneys, Lieutenant.”

Hoffman looked at the judge. “No more questions, Your Honor.”  

“Mr. Brandt, cross examine?”

David Brandt, having already ruined his defense, nevertheless put on a brave face. “Lieutenant, you didn't mention what you did after you found this body in the well. Did you pull it out?”

“No.”

“Why, not?”

“I was stunned, shocked, and scared.  I just wanted to get out of there.”  

“You just testified you wanted to investigate, get all the facts that had occurred the day of the murder, is that correct?”

“Yes.”  

“Yet the best evidence against the defendant was before you and you were stunned, shocked, and scared and left with the evidence in the well?”

“Yes…” Phillip said and stopped. After a moment, he said, “After I...”

Mr. Brandt interrupted him
.  
“It doesn't matter; you left when you had the opportunity to present hard evidence against the defendant, or so you claim.  When you came back with the search party, did you find this man in the well?”

“No.”

“So you are the only one who saw a man floating in the well?”

“Yes.”

“You have no proof that what you are saying is true, is that correct?”

“Yes.”  

“Lieutenant, you want this jury to believe that this man, the defendant, jumped off the bank onto the coach and kicked Mr. Hess unconscious?  Did you see him walk in here today and yesterday? He couldn't jump off of anything especially a bank.  The man is crippled, but that is what you want us to believe?”

“No, I believe that his brother did the jumping, and the defendant just waited until we were unconscious before he came out from wherever he was hiding.”

“You also think he could have pulled his brother, as big as he is, down the road, throw him in the well, start a fire, and then run to the cave.  He can't run from anything, but that is what you want us to believe?”

“Yes, he didn't have to run at all.  Neither Mr. Hess nor I know exactly how long we were unconscious, and the snow on the ground would have made pulling his brother easier.  Look at him; he is a well-built man.”

“As you passed his house on the day of the murder, did you see the defendant?”   

“No.”  

“You never saw him anywhere while traveling through the Cogan?”

“No.”

“You told us there was snow so. If he was hiding you should have seen his tracks somewhere, isn't that correct?”

“No, not necessarily.”

“What do you mean?”

“I suspect he was hiding with his brother on the bank.  Remember we found a trail to that spot. They were never on the road until after they jumped us.”

“Isn't it possible the defendant's brother and the defendant never had anything to do with this murder, and that you just needed someone to pin this murder on?”

“No, I know what I saw.  I have no reason to lie.”

“No more questions, Your Honor.”

Judge Gerhard nodded. “The witness may step down.” He looked at Hoffman.  “Any further witnesses for the prosecution?”

“No, Your Honor. The prosecution rests.”

“What about you, Mr. Brandt? Do you have any witnesses for the defense?”

Brandt rose and startled the assembled audience. “Yes, I call Charles Fairchild.”

Charles looked surprised but strode quickly to the stand and was sworn in. He sat down.

“Mr. Fairchild, you have a daughter. Her name is Ann, is that correct?”

“Yes.”

“Was Ann present when Rachel Miller was murdered?”

“Yes.”

“So your daughter is an eyewitness, the only eyewitness, is that correct?”

“Yes.”  

“Why isn't she here to testify?”

“My daughter is in total shock, or denial, of that day.  The entire unfortunate tragedy was traumatic, and she is just now recovering from it.  She couldn't remember anything after the murder, and she still doesn't.  I didn't feel it was necessary to drag her through this entire ordeal again if she couldn't remember.”

“Mr. Fairchild, it would seem to me that an eyewitness, the only eyewitness, should be present.  Perhaps the trial would help jar her memory, unless of course she doesn't want to remember.”

That statement angered Charles, and he shot back, “My daughter wanted to attend, but I forbid it.”

Brandt looked at the judge.  “I want her subpoenaed, Your Honor. This court needs the truth of the matter, and we have a witness who won't testify.”