CHAPTER FIVE

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“Let’s go for a drive. I need the fresh air,” John suggested restlessly.

“Yes, let’s! Mamm, we’ll be home before dark,” she said absently to Sarah.

“John, I’m worried for you. I’ve been through this stalking thing with Lance Newman and I don’t want the same to happen to you.” Miriam wrung her hands together.

“Nee, I don’t think it’ll get that bad,” John said, shaking his head. “If I start to remind her often that you and I are courting, she’ll eventually understand the message and start leaving us – me – alone.”

Miriam sighed. She’d believed the same thing herself, but Lance Newman hadn’t gotten the message. But what could she say that wouldn’t make her seem paranoid or wrong? “Okay, ya, I’ll leave it up to God,” she said.

As they drove around Ephrata, they encountered Esther, who was, by now on foot. John looked at Miriam with a question in his eyes. Miriam indicated they should continue driving past Esther.

Esther started as she saw John and Miriam sitting together in John’s courting buggy. Then, as though molding her face into an expression like a clay mug, she smiled and gave John a wave.

John slapped the reins of his horse and urged him on, taking Miriam back to her parents’ farm.

Miriam was quiet.

“Don’t worry about it, Miriam,” John said. “I was only a wave.”

It was only Esther ‘happening’ to be where they were and only giving all of her attention to John. Right. When they had reached her farm, Miriam asked, “John, before you go, would you please come in with me? I’d like to describe to my parents what just happened,” she asked him quietly.

John shook his head. “What for?”

“Please, for me?”

“Of course.”

Inside the Beiler home, John and Miriam sat down in the kitchen with her mamm and daed to explain what had just happened between them and Esther.

Sarah, hearing Miriam’s description of Esther’s behavior, began to wonder what was really happening.

Is Esther really having problems understanding that our Ordnung doesn’t allow a courting couple to spend time with others of the opposite gender? Does she know that John cannot even be alone with Miriam until they marry? I know that Mr. and Mrs. Zook have described Esther’s reluctance to obey the Ordnung, and I know they are all on rumspringa, but the girl should have some respect.

“I have heard that Esther is wild,” Sarah said slowly, trying to remember just what the girl had done to earn this reputation. “I don’t know if this is why she is acting as she is – or if there is something . . . deeper . . . behind her behavior.”

Miriam felt relief and frustration warring inside her. Relief because at least she knew she wasn’t just imagining things. Frustration because Esther’s attitude made it difficult for them to help her to understand why she couldn’t spend time with a courting Amish man. Her Amish man. With that, she and John had to admit that they couldn’t do anything more. John, accompanied by Miriam, went to the front door, ready to go home.

While Miriam and John were saying their goodbyes, her daed Joseph brought in the day’s mail. John left, and Miriam walked back into the house.

“Miriam, here is a letter from the Lancaster County District Attorney’s office. Let’s see,” he said, ripping the envelope open and pulling the single sheet of paper out. “Okay, we have to attend a hearing – and you will have to testify – so they can decide if they have enough evidence to bring Mr. Lance Newman to trial. I will call for a driver. I hope this will be taken care of in one day so we can return to our own lives,” he said.

The next day the D.A.’s representative came to visit so she could explain just what would happen in court.

“Miss Beiler, you’ll be called to the stand to testify about what Mr. Newman did to you and how you tried to get him to stop. Your parents will have to wait outside the courtroom so that what you say doesn’t affect any testimony we might need from them.”

“Will . . . will Mr. Newman be in there? In the courtroom?” Miriam asked, feeling very nervous.

“Yes, he will. He has the right to face his accusers and hear what they are saying about his actions. This helps him to develop his own defense,” the representative said.

“Oh . . .” Miriam said. The news hit her like a kick to the stomach.

“Don’t worry. He can’t get to you. He’ll be wearing handcuffs and shackles on his ankles so he can’t get to you. We also have guards from the sheriff’s department in there to protect witnesses. Now, when you are called to the stand, you have to raise your right hand and put your left hand on the Bible so you can take an oath . . .”

“Excuse me,” Joseph said, with one finger raised. “We Amish are not allowed to swear an oath on the Bible. We are only allowed to make promises to God. Instead, we can make an affirmation of faith. That should be enough.”

“An affirmation of faith. I’ll let the D.A. know that you are Amish so he knows not to require you to take an oath, then. Thank you for pointing this out.”

After finishing with the Beilers, the representative drove to the Fisher’s farm to give them the same information.

“You do know we can’t take an oath, correct?” Samuel asked the representative.

“Yes, I do. I just learned this from Mr. Beiler a little while ago,” the representative confirmed.

“Good. We will be there,” Samuel promised.

***

The two weeks before the preliminary hearing passed quickly, with Miriam, her mamm and daed, John and his mamm and daed taking care of their daily responsibilities. Miriam found that, as the days passed, they seemed to speed up, racing past much too quickly for her liking.

In her room the night before the hearing, she had already changed into her nightgown and taken her hair out of its customary thick braid. As she ran the comb through her long hair, she thought about the hearing, feeling her stomach squirming at the fear of the unknown.

I really don’t want to be there. I don’t want to see Lance Newman, ever again, but if I don’t go to town and testify, then there’s the chance he’ll get out and come back to Ephrata. And, I don’t know what he’ll do if he does get out. God, please help me to face this hearing and get through it! Give me the wisdom and courage to speak the truth when I have to testify.\

John was going through a similar experience in his own parents’ home. He had gone upstairs after reading the Bible and praying with his mamm and daed. Now, he was shirtless and pacing back and forth in his room.

Lord, there is only so much I can do to protect Miriam and my family. I am afraid that, when I see Lance Newman in that courtroom, that I will want to express exactly how I feel about him. I know we disavow violence, but I confess to having thoughts of taking violent actions against him. He could have hurt Miriam when he tried to kidnap her. Please, Lord, give me the strength to be the Christian you want me to be!

Once they had prayed, both Miriam and John went to sleep, blowing out the lamps in their rooms. The next morning, they woke early as the sun came up in the east.

That morning, Miriam toyed with her hot cereal as she struggled to keep the nervousness from overtaking her.

“Miriam, you must eat! It will be a very long time until lunch in that courtroom,” Sarah said as she forced herself to eat.

“Ya, mamm, I know. But I am scared! And that’s upsetting my stomach,” Miriam moaned.

“Ach, okay. Let me make some tea for you. That will settle your stomach,” Sarah promised, beginning to bustle around the stove.

Joseph came in, stomping the dirt from his shoes.

Raising one finger, he told Sarah, “I’ll be back downstairs as soon as I change my clothing.”

Miriam, smelling the ginger tea, sipped it apprehensively, hoping it would stay in her stomach. As she took small sips, she breathed deeply, willing her stomach to behave. After several minutes, she felt able to brave the bowl of oatmeal. Taking small bites, she waited to make sure she wouldn’t become sick. After several minutes, the bowl was empty.

“How do you feel?” Sarah asked as she washed dishes and watched Miriam.

“Better, denki,” Miriam said. “I’ll dry so we can leave sooner. The sooner we get there, the sooner we can get start. And the sooner this mess will finish and we can come home.”

Sarah chuckled. “Ya, that is one way of looking at it.”

“The driver will be here soon,” Joseph broke in. “I’ll make sure the house is closed and locked.”

Ten minutes later, the Beilers had just walked outside the front door as their driver pulled into their yard. After stopping for the Fishers, the driver made quick time driving to the county seat, where the hearing would take place.

The D.A. walked to both families as he saw them come in.

“Welcome! How was your ride down?”

“Good, thank you,” Joseph said, looking around the cavernous entryway of the court house.

“If all of you will follow me, I’ll explain what’s about to happen,” the D.A. instructed. In a small room off the hall, he explained that, until each of them had testified, they would have to wait in the hallway until their names were called.

“We’ll begin with Miss Beiler, since we want to build our case from her testimony and recollections. I’m sorry. I know you’re scared. I want to let you know that you have nothing to fear. Mr. Newman will be restrained in handcuffs and shackles. We have two guards standing in the courtroom to protect witnesses, the judge, attorneys and the general public. My assistant will call you when we’re ready for you and she’ll bring you to the front of the courtroom. There’s a microphone in front of you that amplifies your voice. Speak directly into it, but don’t put your mouth against it. All right?”

“Ya . . . yes. Thank you. I understand. Where will Mr. Newman be?”

“At a defense table located in front of the witness stand. You will be looking right at him, but if you’re more comfortable angling yourself so you won’t be looking at him, turn so you face the jury box. That’s the area with the twelve chairs to the side of the room.”

“Okay. I do feel better knowing I can do that,” Miriam said as she let out a deep breath.

Five minutes later, they all sat on the long bench, waiting. As they waited, they talked quietly. Other visitors to the court house looked curiously at their unusual dress. Both families were used to the stares, so they simply waited for Miriam to be called.

“Miss Fisher? They’re ready for you,” the assistant said, holding the heavy door open.

Miriam started, feeling the squirmy-snake feeling return to her stomach. Holding her hand against her abdomen, she walked in next to the D.A.’s assistant, looking around the courtroom. She saw the visitors’ gallery, the jury box, a low wall with a gate and two long tables. At the front of the room stood a high bench with a man in a black robe. A small box sat to the judge’s left. Miriam saw a metal stalk aimed at the seat in the small box. As she walked slowly to the front of the room, she met Lance Newman’s eyes. The stark hatred she saw in those ice-blue orbs filled her with a chilling fright.

Dear God, give me the strength to do this.

Miriam closed her eyes and took a breath. Fear made her skin cold and her hands sweat.

Face him, child. If you don’t face him, you’ll always be ruled by him.

That voice in her head was gentle and strong. She felt herself warm. Her second breath came easier. She was strong enough, and she was not alone.

Miriam walked to the stand, rested her palm on the Bible, and swore to tell the truth. After giving her affirmation of faith, she sat down at the witness stand. The microphone seemed to loom in front of her mouth and nose, but she reminded herself that she could do this, that she was strong enough.

After several fairly innocuous questions, the D.A. started questioning Miriam in earnest.

“Miss Fisher, would you explain just when you realized that Mr. Newman was not going to leave you alone?”

“When he kept coming to Ephrata after I told him to leave me alone – that his attentions to me could destroy my reputation in the district. He kept coming to Ephrata, insisting that he wanted to get to know me. Even when my daed – my father  – told him to stay away, he would ignore that and come to our district.”

“What did your father tell him?”

“He came to our house after John – my beau – told him to stay away from me. He tried to bring me a gift. My father gave it back to him, telling him it wasn’t appropriate for him to be doing that. I . . . I got angry and I screamed at Mr. Newman and told him to leave me alone.”

“Did he leave you alone?”

“Ya, for a few weeks. Then my father and John told me that they saw his truck in Ephrata again. He would just drive from road to road, looking for me. My parents told me that, if he was going to be doing that, it was too dangerous for me to be out on my own. I had to wait for them, John or my best friend, Anna, to go with me when I needed to run my errands.”

“Did you ever begin to feel as if you were in danger from Mr. Newman?”

“Yes.”

“When?”

“I was with my mamm – mother – and Anna at the Amish market. We were buying items we needed to complete our work for our customers. Mr. Newman found our buggy at the market and tried to cut us off. My mother yelled at him and I yelled at him. Another time, he cut me off when I was trying to go home and tried to hand some wildflowers to me. John’s father saw me standing in front of Mr. Newman and questioned what I was doing. That’s when I really got mad at Mr. Newman and told him that, if anyone else had seen me in his company, my reputation would be destroyed.”

“Explain what happened on the day that Mr. Newman broke into your parents’ house, please.”

“My parents had to go to town to buy some groceries. They wanted me to go with them, but I had – have – a large quilt order to finish. I explained this and my father said that, if we locked both doors, I could stay at home. He didn’t like it, but they left after I demonstrated that both doors were locked. I was working on a quilt in our quilting room.” Miriam, remembering that horrifying day, shifted in her chair, forcing herself to breathe evenly. The strain showed on her delicate face.

“They had been gone for only a few minutes. I was cutting out pieces of fabric for the quilt I had to begin. I thought I heard something, so I stopped cutting and I laid my scissors down and listened. I didn’t hear anything, so I started to cut the pieces out again. I kept cutting and cutting, then . . . then someone put his hand over my mouth and grabbed me around my middle. I dropped my scissors and he lifted me from my chair and started trying to take me out of the house.

“I fought, sir. I fought hard, trying to get out of his arms so I could get away. But he got me into the living room. He took his hand away from my mouth to open the door. I wanted to scream, but his arm was pushing too hard on my stomach and I couldn’t get the breath in.

“The front door pushed open and it hit Mr. Newman on the head. My father grabbed me and put me into my mother’s arms. Then, he grabbed Mr. Newman and started pulling him to the porch. He told my mother to call the sheriff, then John and his father, Mr. Fisher came to the house. My mother and I ran to the carpentry shop, where the phone is and she called the sheriff’s office. As we ran to the shop, I saw Bishop Stoltzfus riding into our yard. I watched from the shop and saw my father, John and Mr. Fisher holding Mr. Newman while the bishop talked to him.” Miriam finished with her heart pounding.

“In other words, he attempted to force you to go with him.”

“Yes.”

“Did he have his truck with him?”

“Nee – I’m sorry. No. He had borrowed a different vehicle.”

“Can you describe it?”

“Brown. It’s a car, not a truck,” Miriam said.

After the D.A. finished asking questions, the defense attorney attempted to get Miriam to admit that she had tried to attract Lance Newman’s attention.

Miriam told the defense attorney that Mr. Newman had been the pursuer, trying to get her name, seeking to get her to spend time with him and attempting to give her forbidden gifts. By the time the defense attorney finished with her, she was struggling to hold tears back.

“You can step down, Miss Beiler. You’re done,” the judge said.

“Denki.” The single word wavered out of Miriam’s trembling lips as she stood quickly to leave the courtroom. With her eyes downcast, she left the courtroom.

Two hours later, the preliminary hearing was finally over. The families still waited outside, wanting to hear the judge’s decision.

After the final Amish witness had testified, the D.A. brought them all back into the courtroom, where they sat in the visitor’s gallery.

“After hearing everything that everyone in this case has had to say, I find that sufficient evidence exists to bring this case to trial. Mr. Newman, I will be scheduling your criminal trial and you will remain housed in the county jail,” said the judge.

Miriam, glancing at Lance, saw him scowl heavily. She looked down quickly at her clasped hands as she saw him turning his head in her direction.

What does this mean? It sounds like the judge thinks there’s enough to have this trial. That news is too good to believe!

Miriam looked up and focused her eyes on the judge, then she swung her gaze to the D.A., who was sitting back with a look of relief on his narrow face. As the hearing came to an end, the D.A. strode to the families and told them that he needed to meet with them in his office.

“Do you have a driver hired?”

“Yes, we do,” Joseph said with a single nod. As he focused on the D.A., he was aware that the sheriff’s deputies were leading a fuming defendant out of the courtroom.

“Ask him to bring you to my office. I’m leaving now and I should be there within the next twenty minutes, depending on the traffic,” the D.A. instructed.

“Ya, we’ll be there. Denki,” Samuel said with a nod. As he had watched Lance leaving, he finally relaxed. I’m glad we realized Miriam was telling us the truth, or she would have been seriously hurt!

Twenty-five minutes later, the D.A. was sitting at his massive desk, facing the two Amish families.

“Okay, we just won the first round here. What I mean by that is that the judge decided we presented enough evidence to bring Mr. Newman to trial. All of you did well, testifying. The next step is for us to develop the evidence we have to the point that we can put on a full trial and prove that he intended ill will toward Miss Beiler, that he tried to kidnap her and that he was stalking her. The judge will set the trial on his own calendar and let everyone know. As soon as I know, I’ll be sending letters out to each of you. Now, does my office have phone numbers for one or both families?”

“We have a phone in my carpentry shop,” Joseph said. He gave the number to the D.A.

Miriam, hearing that there would be one more hearing, was stunned.

“Excuse me, sir, but I thought this was the hearing that would send Mr. Newman to prison,” she said with a look of confusion on her face.

“I’m sorry, but this was only the hearing that determined if we had sufficient evidence for a trial,” the D.A. said. “This next hearing is the one that will determine Mr. Newman’s guilt or innocence. Hopefully, a jury will find him guilty and the judge will sentence him to prison. Then, it’s over.”

“Oh. So, you mean a jury could decide that he’s not guilty? But . . . how?”

“We have to make sure our evidence is so strong that a jury will have no choice but to decide he’s guilty. My assistant will be working with you on this over the next few months. We will be getting even more evidence from you and your family. We have the physical evidence that we will present at trial. We have to prove that Mr. Newman had the motive, the means and the opportunity to stalk and attempt to kidnap you. When the jury sees this, it’s more likely that they will come back with a guilty verdict.”

“So we have to meet with your office more? And come back here for a trial?” Joseph asked.

“Exactly. We’ll make this as easy for you as possible. Miss Beiler, are you OK?” the D.A. asked with concern.

Miriam’s mouth opened and closed.

“I . . . facing him was frightening. When he turned and looked at me when I came in to testify, I saw hatred in his face . . . Mr. Williams, he frightens me!” Miriam said, trying to keep tears from falling.

“He should . . . but every time he comes into the courtroom, he’s very securely handcuffed. He can’t get to you. I don’t think you saw it from where you were sitting, but his handcuffs are connected to his ankle cuffs with a heavy chain. That, along with the deputies stationed in the courtroom, makes you and everyone else safer.”

“Mr. Williams, what measures have you taken to protect everyone in the courtroom? Just in case Mr. Newman tries to do something, I man,” Joseph clarified. “I, too, saw the hatred in Mr. Newman’s eyes today. He could still try to harm my daughter.”

“As I said, Mr. Beiler, we have security in the courtroom should Lance Newman try to do anything,” the D.A. said, pushing a pen back and forth on top of his desk.

“Well, that’s good. But I think you need to have a talk with Mr. Newman and remind him that, if he hadn’t tried to force his will on Miriam, he wouldn’t be facing Englischer criminal charges. Now, would he?” Joseph asked with a keen look in his eyes.

“I’ll have the defense attorney have that talk with Mr. Newman. In addition to that, I’ll have him remind Mr. Newman that, if he tries anything, he’ll be facing even more time behind bars,” the D.A. promised.

“Mr. Williams? If Mr. Newman is found guilty, for how long could he go to prison?” Miriam asked.

“That depends on the severity of the charges that he could be convicted of. See, there’s degrees of severity. Say he murdered someone. If he was found guilty of premeditated murder, that’s murder in the first degree. He gets more time behind bars for that than he would for, say, involuntary manslaughter. For what he’s accused of doing to you, he could be facing about 10 years behind bars,” the D.A. said, giving Miriam a solemn look.

Miriam was stunned. “Ten years! That’s . . . that’s all? But he could come back and try to hurt me when he gets out!”

“Hopefully, by then, he will have forgotten all about you, Miss Beiler. I’m sorry, but that’s the best I can offer right now,” the D.A. said with a look of regret on his lean face.