Chapter 19

19

Dakota had made it through the day without coming face-to-face with Ezra Darnell. Sure, he was trying to be sneaky, but mostly it was luck. Darnell had gone somewhere and not come back until after all of Jake's family had quit plotting and planning, eaten supper, and gone to bed. Maybe Ezra hadn't come back at all—Dakota couldn't say—but they'd tucked in for the night and he still hadn't been forced to face his past.

Now he had to get through the next morning, then the trial in the afternoon. His aim was to keep Rutledge away from Ginny.

After the trial was over, they could finally leave town and head home.

The morning went on like the afternoon before. The family gathered in the dining room. Mr. Etherton and Dr. Snider were present among them, both men talking to Ginny. Everyone else did the baby wrangling, except Dakota who kept watch and hid when necessary. He didn't know how else to get through this day without lead flying, and Jake's family in the middle of it.

They ate the noon meal early, which suited Dakota fine. They managed to be done and headed for the trial before Darnell showed himself.

Dakota reached the front door of the courthouse, looked at the large building going up nearby to replace it, and held the door for everyone as they filed past him. He noticed a small gathering of men on the street near the entrance and wondered if word had gotten out that the trial might be interesting and worth their checking out.

Maybe today they'd get a crowd.

Maeve had offered to watch over the little ones in the hotel, but Dakota didn't like that idea. None of them did. Those babies would be a powerful hold on Ginny if somehow Rutledge got his hands on them.

Rutledge came into the courtroom soon after them, with Horecroft and a second man at his side.

Dakota had a hard time believing the man wasn't planning something underhanded. As he took his seat in the row behind Beth, Ginny, and Mr. Etherton, Dakota heard Etherton draw in a sharp breath. He could see there was tension in every line of Etherton's face.

Ginny, sitting next to her lawyer, leaned over. "What is it?" she asked.

"The man with your husband is a Wyoming lawyer. He's deceitful, dishonest, and very smart. I wonder how Rutledge latched on to him so fast. Horecroft probably spent yesterday afternoon hunting up the low-down chiseler."

Dakota looked down the row beside him. Maeve sat next to him on his left with a sleeping Lydia. Jake was on his right, Marie snoozing in his arms. Oscar had Jacob Jr. napping. Kat was next to the aisle, Sebastian directly behind her. Sheriff Peters sat on the same side as Rutledge, alone in the back row.

Every one of them was studying the man with Rutledge. Dakota could see that Kat recognized the man. Chances were that in her search that had led her to Etherton, she'd come across the man with Rutledge.

Rutledge's lawyer stood from where he sat beside Rutledge and Horecroft and came over to look down on Mr. Etherton. "We meet again, Curtis."

Etherton gave a little nod. "Pritchard. Still picking the wrong side, I see."

The lawyer looked at Ginny. "Daniel Pritchard, ma'am. Your husband is very worried about you. He's here to see that you get the care you need."

Pritchard stood still, an amused gleam in his eye. Dakota had the urge to knock the smirk off his face and knew at the same time he thought of it that Pritchard intended just that.

The door opened behind them, and Judge Nolte walked into the courtroom. No one else.

Dakota glanced out the window to see the judge's daughter sitting on a bench across the street as Mr. Nolte paced back and forth with his sleeping toddler. Nolte wasn't there just to care for the baby. He could have done that in whatever hotel room they were staying in. No, he wanted to be close at hand. Even with two youngsters, he lingered nearby in case his wife needed him.

He prayed Oscar wouldn't pick this moment to punch Pritchard in his smug face. Because then the judge would see it and probably throw Oscar out of the courthouse. Possibly all of them. And that, too, would be just as Pritchard intended.

The judge strode to the front of the room, sat behind her desk, and rapped lightly with her gavel. "Please be seated, Mr. Pritchard. I was informed you are going to be the legal advisor to Mr. Rutledge and assist with his trial and also with the jury selection."

Although she sounded professional and calm, there was something about her tone that caught Dakota's attention.

Judge Nolte wasn't from around here, but it was clear she'd heard of Mr. Pritchard and knew of his reputation. "We've sent out word this morning concerning the need for a jury. There's a small group waiting outside to be considered."

The men Dakota had noticed.

"Sheriff Peters will act as bailiff today. Sheriff, let the first twelve men in. I'm hoping we can settle who's to be on our jury as quickly as that."

The sheriff nodded, then moved to call for the twelve to come inside. None of the men drew Dakota's attention overly, though a few looked to be downcast. Perhaps down on their luck. Loafers from the saloon maybe.

Dakota leaned toward Maeve. "I thought there might be some women on the jury, Wyoming being such a progressive territory and all."

Maeve shrugged and patted Lydia's little bottom while watching the men take their seats in the two rows of chairs at the front of the room.The judge launched into a speech about what was expected of the jurors. Afterward Mr. Pritchard asked if he could question each of the men.

Judge Nolte said, "I'll allow it, but keep it short. My understanding is neither Mr. or Mrs. Rutledge is local to Cheyenne or even Wyoming. No one here should be acquainted with them and therefore be prone to bias."

The twelve men took turns giving their names in response to Pritchard's questions. Two of them said they were out-of-work cowhands. Two worked at the saloon, cleaning up and such. The way all the men refused to make eye contact with the lawyers made Dakota wonder if they worked for whiskey.

Mr. Pritchard asked each man if he was married, if he was a churchgoing man, and if he believed a wife should obey her husband and accept his authority and protection.

Mr. Etherton asked if they were accepting of a woman's rights, including the right to life, liberty, and the pursuit of happiness.

Dakota looked from the jurors to Ginny's lawyer, from Pritchard to the judge. None of them gave much away. For his part, he didn't understand the selection of these twelve people. A jury of your peers? What did that mean? Was it the first twelve men who were summoned, simple as that?

Pritchard had no objection to any of them. Three were rejected by Etherton. The judge dismissed two. All of that was for no reason Dakota could understand. More men came in to replace them. One of them was soon excused.

Finally, they had settled on the twelve jurors. Judge Nolte tapped her gavel again and asked for opening statements.

Again, Dakota thought most of it was nonsense. How could anyone with one working eyeball think Ginny was anything other than sane?

Because it made no sense, and because Rutledge's lawyer had never met Ginny, Dakota didn't see how this trial could end any way except with Ginny being ruled fully sane. It was clear Ginny took it seriously, as did Beth, and for certain Rutledge. Dakota braced himself for trouble. If necessary, he was prepared to grab Ginny and run. He wondered if Oscar had thought to tie a string of fresh horses outside somewhere in the event of a bad outcome. He wished he'd've arranged this beforehand. That way all they'd need to do was mount up, ride hard for Idaho and Hidden Canyon, and tuck Ginny away again.

Dakota hoped it wouldn't come to that, for although Idaho was just the next territory over, they were big territories. And Rutledge would for sure send a posse after them.

Mr. Etherton stood beside Ginny and faced the jury to give his opening statement.

"My client, Mrs. Eugenia Rutledge, was locked away by her husband for no just cause. It was allowed because of a cruel, unjust law on the books in some states and territories—those not as reasonable as Wyoming—that women can be treated in such a way. In Wyoming we are wiser than that. In Wyoming we believe women are to be treated with decency and kindness. We put into practice those solemn words in this country's Declaration of Independence: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.'

"Those words are meant for all Americans. Not just men. This woman"—he gestured with some flourish toward Ginny—"has been denied those rights. We here in Wyoming Territory know that a woman is rare and wonderful, to be cherished by all men, and especially by her husband. Mr. Rutledge instead treated his wife as if she had no rights, no value, and deserved no respect. She was denied the right to liberty and the pursuit of happiness. I'll prove before this judge and this jury that Eugenia Rutledge is fully rational, fully sane, and that her husband had her locked away out of the hardness of his heart, and out of greed because Mrs. Rutledge's parents had left the bulk of their money to Mrs. Rutledge's daughter, Elizabeth. Her parents had seen their son-in-law's foolish, wasteful ways with money and didn't want him—"

"That's a lie!" Rutledge surged to his feet. "I did it because she was mad. She was a danger to herself. She—"

Judge Nolte banged the gavel over and over. "Sit down, Mr. Rutledge!"

Rutledge's lawyer pulled hard to get Rutledge back in his seat. Pritchard whispered something to Rutledge, jabbing at the papers in front of him.

"I demand order in my courtroom, Mr. Rutledge. This proceeding will be run without any such outbursts. And when I tell you to be quiet, you will do as you are told, or I'll throw you back in jail and we'll have this trial without you. Is that clear?"

Whether the judge's orders or his lawyer's pleading got Rutledge back under control was hard to say. But he slumped back in his chair, a scowl on his face.

Mr. Etherton continued. "I believe once you've had a chance to listen to Mrs. Rutledge and witness for yourselves her fully healthy mind, you will see she is the very picture of feminine grace and decorum."

The lawyer let those words hang for a moment. Dakota thought it was to underline that one of the Rutledges in this room wasn't behaving well, and it wasn't Ginny.

"In the end, I believe you will agree with me and rule that she is perfectly sane." With that, Mr. Etherton gave a slight bow to the jury, then resumed his seat.

Dakota saw Pritchard stand and leave his place at the table. He walked up to the jury, looking them each one in the eye.

"Mr. Rutledge took vows to love his wife in sickness and in health," Pritchard began. "When he saw her mind take an unhealthy turn, when he saw her make irrational decisions and defy him, her husband and master, when he saw her behave in a way that revealed the fevered thoughts in her increasingly troubled mind, he stepped in to see that she received the care she needed. The doctor who cared for her at his asylum is one of the most respected physicians in Chicago. Mr. Rutledge did not act on behalf of his wife out of a desire for her money. He has plenty of his own. He wants her to be cared for properly so that hopefully she can be fully restored to a state of sanity. Yes, she can appear calm and rational for stretches of time, but Mr. Rutledge and Dr. Horecroft know her better than anyone else alive. They have only her best interests at heart. We intend to prove that and, with your help, return her to the safety and care she had before she ran away. Thank you." Pritchard returned to his seat.

"Please, gentlemen, hold up for just a moment." The judge rose from her chair.

The lawyers nodded graciously.

Judge Nolte went down the center aisle in her sweep ing black robe to the back of the room and whispered something in Sheriff Peters's ear. Peters listened intently, nodded, then turned and left the courtroom.

The judge returned to her place behind the desk.

Shortly after Peters left, another man, also wearing a badge, came in and took the same seat Peters had been in.

Then the judge asked for witnesses.

Dr. Horecroft took the stand, looking smug and condescending as always.

Dakota didn't waste his time listening to Horecroft. Instead, he was splitting his attention between watching out the window for any sign of Ezra Darnell, and watching the door at the back in case Ezra came in that way, guns blazing.