Chapter 4

The Hanging Judge

A sound of a rooster’s morning call from a nearby farm was faint when the sun’s light crept into Jane and Jacob’s room. Jane’s eyes slowly opened as her pupils tried to adjust to the bright morning light. She sat up, stretched her arms, and looked to Jacob. Her eyes then glanced over to the pocket watch that Jacob left on the bed stand last night, and saw that it was eight-thirty. She knew that they had to get up, get dressed, and rush over to the courthouse to meet the judge. She nudged Jacob’s shoulder as he grunted.

“Jacob love,” she said softly, “It’s time to get up.”

Jacob’s eyes opened as his pupils glanced to Jane. He smiled to her as she kissed him. He then glanced over to the table where his watch was and saw that they need to get ready in half an hour.

Sara just started to serve Jane and Jacob their breakfast of sausage and omelets. She knew what happened last night and gave them their condolences.

Jacob looked up to her as Jane started to eat and wondered, “Condolences? My brother did not kill her Ms. Eklund. It’s just a misunderstanding.”

“A misunderstanding?” She quoted curiously, “Honey, your brother is as good as hung.”

Jane looked to her after taking a sip of coffee and asked, “How do you know that?”

Sara looked at Jane and replied, “You don’t know the judge like we do.”

Carl waltzed over with a glass of orange juice and added, “Judge Marshall is also called the ‘hangin’ judge’. Ever since ’77, he’s been hanging peeps like there were no tomorrow.”

“Now Carl!” Sara interrupted. She did not like his interoperation of Judge Marshall.

“What? It’s the truth,” he shot back. “Anyways I’d be careful what you say around him and choose your words wisely. ‘Cause the last time someone blew their top to him, well, was he didn’t last long to finish his sentence.”

Jacob and Jane sighed and wondered what the judge will say. Just then, a man in white straw hat passed the swinging doors, saw the couple having their breakfast with his baggy eyes and strolled over. Carl and Sara Immediately recognized him as Jane turned her head to see his red-dish moody face.

“Now John don’t do anything that you might regret,” Sara warned him as John raised his hand to shush her.

Jacob turned to him as well.

“I want to let you know, that your bother killed my daughter,” He said with a faint accent they could not recognized, “May the gods have mercy on your brother’s soul as well as yours.”

He then turned and walked back out. Jacob noticed that he had tied his long black hair in a braid and wondered about it. It was somewhat queer he thought. The couple was curious to know who he was and what he meant by his little speech.

“Who was that?” Jane asked.

Carl replied, “That was John Fox, a former Injin. His daughter, Silvia, used to work here.”

Sara frowned, remembering that and said sadly, “She was the best maid we ever had.”

“So sad,” Carl added, “Her sister was hung the day you arrived.”

Jane and Jacob never knew what lives was effected when Gabe supposedly killed Silvia. They frowned now feeling guilty.

The chimes in the grandfather clock started to bong nine times as Jacob and Jane just finished eating their breakfast in the saloon. They gave their thanks to Carl and Sara as they hurried out of the hotel.

“Don’t forget what I said!” Carl shouted as they strode out the door.

The red brick courthouse was standard design according to Jacob. They opened the wooden door and entered. They were inside the white painted hallway had paintings of past presidents and local sceneries of the New Mexico deserts and plateaus. There were another set of large double doors in front of them. It was marked in a copper plate engraving labeled, ‘Court Room’ below it a quote, ‘The judge is condemned when the criminal is absolved’. They also saw a few busts of famous judges and presidents, and a philosopher. Sheriff Barns greeted them as he led Jacob and Jane down the hallway. It seemed that they were going around the courtroom as Barns turned a corner. There was another door at the other end of it. As they walked closer to it Jacob saw another plaque that read ‘Judge William Mar-shall’ ‘Leave all excuses at the door’.

Barns knocked on the stained glass that was on the door and waited a few seconds.

“Enter,” responded a rugged voice that came on the other side of the door.

Barns turned the knob and opened the door. The three entered and saw a middle-aged man. His leathery face glanced up and saw the three walking through the door. Jacob finally got a better look at him. His graying beard around his mouth looked like frayed cotton. He was looking over the report that Barns had left on his desk before they arrived and was not happy what he read.

“Judge,” said Barns, “This is Jacob Jones and his girl friend, Jane Pager.”

Jacob extended his hand in good gesture as the judge hesitated a moment then shook it. He then motioned them to sit in the leathery green wing chairs in front of the judge’s oak desk. Jane no-ticed how beautiful the desk was with its decretive carved engravings around the edges. It was unusual to see an expensive piece of furniture in an ordinary judge’s office. Jacob also took no-tice and thought he had seen one like it somewhere else.

Jane took a quick glance around and saw a single window brightening the room. There were a couple of paintings on the wall; one was a portrait of Senator Stephen Wallace Dorsey. However, the main decoration that covered the walls were three large bookcases that surrounded them filled with law books. She also noticed a wooden file cabinet that was set in the corner next to one of the bookcases.

Judge Marshall took a long look at them as he studied them for moment with his brown gravy-like eyes before they stopped on Jacob. He then spoke.

“So, your Gabe’s brother huh?” Judge Marshall asked.

“Yes Sir,” Jacob replied, “Look, before you say something, let me tell you that my brother is not a murderer.”

“Is that so? And what kind of evidence do you ya have to support that?” Judge Marshall wondered.

“About seventeen years,” Jacob replied.

“Well that won’t hold up my court son. What do you do for a livin’ Mr. Jones?”

“I’m an architect,” Jacob replied.

Judge Marshall raised a brow and said, “An architect huh? Not a lawyer or a lawman?” Jacob shook his head. “Then what give you the right to tell me whether your brother’s guilty or not in my town?”

“Cause I know my brother. And one thing I do know is, that he didn’t kill that poor girl,” Jacob replied.

“Did you read my plaque outside my door?” The judge asked as they both nodded silently, “I suggest you go back out there, cause it seems that you brought a few in. Now accordin’ to my sheriff, your brother was caught red handed, literally.” The judge picked up a Bowe knife and showed it to them. “With this knife in his hand. Is this your brother’s knife?”

“Yes sir,” Jacob replied, “That was a Christmas present. Our father gave it to him a long time ago.”

“Well it was found with her blood on it in his room. We also have a witness who saw it happen. Now she testified that she saw your brother kill that poor maid in his room with this knife. Now my question is, why?” Jacob opened his mouth, but before he made a sound, the judge continued. “I’ll tell ya why, cause he was in drunken rage accordnin’ to the witness.”

Jacob and Jane’s face turned to shock as Jacob said, “That’s not true!”

“Not true huh?” the judge said not convinced, “How many drinks did he have last night?”

“Five, maybe six. All beers,” Jacob replied.

Marshall nodded and said, “Well that’ll put any man in the drink.” He looked to Barns and said, “Bring him in.”

Barns nodded and left the judge’s chambers for a few minutes. They sat silently. The only thing they heard was a tick-tock from a German made clock that was hanging behind them. To Jacob, minutes turned to hours as they waited for the sheriff to return with his brother. It was not until ten minutes later that the door behind them opened and Barns escorted Gabe in. He was still lock in chains as Barns moved him over next to the judge’s desk.

The judge looked at him sternly. It was the like god preparing judgment on his demented soul. He then spoke.

“You have any last words before I pass judgment on ya?”

“P-Pass judgment?” Gabe wondered, “Judge, sir, I didn’t kill her. Matter of fact I was trying to save her. She was commin’ suicide with my knife!”

Suicide? Jacob thought. That would explain it. Silvia’s sister hung, she had nothing to live for. He had guessed that Silvia had feelings for her sister.

“Is that so?” He said as he leaned back. “How much do you remember last night? As in, what was the victim wearing and what color was it?”

Gabe thought very hard. It never occurred to him what she was wearing, nor who she was. It was a blur. Maybe it was the beer that he drank.

“I-I don’t remember.” Gabe replied.

“When he woke this morn, he said he had a splittin’ headache,” Barns added.

“That’s usually a sign of bad hang over,” said Marshall. He paused for a moment as the three visitors waited in suspense. “Gabriel Jones, this court finds you guilty to first degree murder, to Ms. Fox. I sentence you to death by hangin’.”

Jane gasped as Jacob mouth dropped in disbelief. He could not believe it. They were going to hang his little brother.

“You can’t do that!” Jacob said as stood. The judge turned to him. “I know for a fact you can’t judge that way. You need a courtroom, lawyers, heck even a jury! This is not fair!”

“Fair?” Marshall said unemotionally, “That may work where you come from boy, but here, I am the lawyer, the jury and the judge, and in this town that is fair! However, since you are new around here, perhaps I’ll give Gabe here a second chance at life. That is, if you have enough for my services.”

“Services?” Jacob wondered. “You mean like bail money?”

Judge Marshall nodded a bit and replied, “Somethin’ like that. You got four days to come up with one thousand dollars, or your brother here will have a date with our hang man, unless you have it with ya?”

Jacob shook his head and replied sadly, “No sir.”

The judge nodded again then looked to Barns, “You can bring him back to his cell.”

Barns nodded in agreement and took Gabe by his arms as he pulled towards the door.

“Jake? Jake? I don’t wanna die Jake!” Gabe pleaded.

“Don’t worry little bro, we’ll get you free.” Jacob replied.

However, as Gabe and the sheriff crossed the threshold, a young man ran in to Barns. Barns and the judge recognized him as the young man who works at the bank as a gofer for the bank president. Jacob saw him and knew he had to be eleven or twelve years old.

“Sheriff! Sheriff!” he blared.

“What is Brian?” Barns asked as everyone looked at him.

“It’s the stagecoach sir, it arrived in Albuquerque.” Brian told him.

“So?”

“Without the stagecoach.” He informed him, “Only the horses and harness arrived.”

“Damn blasted!” Marshal cursed, “That the third time this month. I thought you said you had it under control Tom?”

“It must be those damn Mexicans bandits, judge,” Barns replied, “But don’t worry we’ll get them.” He then looked to Gabe, “Come on, back to your cell.”

He then left with Gabe as the young man followed them. Jacob looked back to Judge Marshall and wondered if he could help. Perhaps he could let Gabe go for no fee as a man of good will.

“Is there something we could do to help?” Jacob asked.

“Na,” He replied, “Better let the law handle it. You two might as well return to the hotel.” They both nodded as the stood, but before they reached the door Judge Marshall reminded them, “And don’t forget, you got four days.”

They both looked at each other wondering how they will raise the money to bail out Gabe. They did not bring much with them. In addition, Jacob knew he did not have a thousand in his bank account. Heck he did not have five hundred saved. They both frowned and headed back to the hotel in dismay.