CHAPTER TWENTY-ONE

Nancy Caldwell wore a light pink dress. She was nervous, but when she answered the routine questions her voice was clear and calm. Nancy smiled often for no apparent reason, probably because of her nervousness. Potters knew she appeared flighty to the jurors and was glad now for his last minute decision to bring Nancy to the stand before Mary Luntree. Nancy was pretty, and she would have less credibility with the jury. Mary would support her.

“Now, Nancy, about the time of the murders, did you know the Porters very well?” Amos Potters asked the question off-handedly.

“No sir. Not well.”

“But you did know them?”

“Yes. We knew the girls and we’d been in Porter’s Implement Store before that time.”

“Where did you live the summer of nineteen and twelve?”

“Four miles east of East Creek Bridge.”

“Did you attend school at Twin Forks?”

“No sir. We walked to the school at Six-Mile Corner.”

“Were you at your home when you first heard about the murders?”

“Yes. We were on the porch and a neighbor stopped to tell our folks about it. They didn’t think we heard because they were out by the road. But we heard and got scared. We didn’t tell them we heard though because they would think we were listening.”

“Did anyone else tell you anything about the murders?”

“Lots of people after that.”

“I mean, did anyone tell you something about the murder night in particular? Did someone indicate to you that he knew something about the murders?”

“Yes. Allan Childes said he saw someone at the window of the Jas Porter house on the night of the murders.”

“When was this?”

“When did he tell me?”

“Ah, yes. When did Allan Childes tell you this?”

“About two weeks after the murders. He came out to the farm. Mary Luntree was with me and the folks had gone to town. It was a Saturday night.”

“Go on and tell us in your own words how Allan Childes came to tell you this story.”

“We were on the porch. Allan Childes came to see us often then and we were talking. And we were talking about the murders and how awful they was. Suddenly Allan Childes says he was driving from the meeting he had with an older woman and he went past the house. The Porter house. He said the street lights were out and he looked at the Porter house because he saw a light. He said it was a light at the back of the house and that he saw a man that looked like he was trying to climb into the house.”

“Did he say what time this was?”

“He said it was after midnight.”

“Now, Allan Childes said he saw a man that was about to climb into a window. Did he indicate who he saw?”

“He said he saw Frank Gardner.”

The spectators exploded. Judge Erwin brought the gavel down twenty times. Potters continued as if there had been no interruption.

“You are sure? You are absolutely certain that Allan Childes said he saw Frank Gardner at that window on the night of the murders shortly after midnight?”

“He said he did.”

“Why didn’t you tell someone about this sooner?”

“It didn’t seem important. Lots of people were telling things that weren’t true. Then last summer Mary Luntree came back to Twin Forks and we got to talking about the murders again and what Allan Childes said. We knew by then that detective Morgan was on the case and that so far there were no suspects. That’s when we decided to tell Russ Porter about what we heard. Just in case it was true, we thought we should better tell someone.”

“Did you tell anyone else about what Allan Childes told you?”

“No. Russ Porter asked us not to tell anyone.”

“And you didn’t”

“No. No one.”

“No more questions. Thank you, Nancy.”

Dan Evers walked to the bench. He looked down at the floor before looking at the witness. When he did, he smiled.

“How old are you, Nancy?”

“I’m twenty-one.”

“So you were seventeen when all of this occurred?”

“Yes. I believe so.”

“Allan Childes came to your farm. Did you know him well?”

“Yes. He came out many times.”

“Tell us again exactly what Allan Childes said to you that night.”

John Morgan looked across the room to where Frank Gardner was sitting. The Senator had not blinked an eye when the girl told her story. He listened, as if he was just another spectator in the courtroom. Morgan pulled a notebook from his pocket and scribbled a quick note to Potters.

“What’s going on? How come Evers isn’t tearing her up?”

The note came back: “?“

“Now I would like to call Mary Luntree, Your Honor.”

Mary Luntree was larger than Nancy and not as pretty. She was sturdier in appearance and looked like a young lady who had a lot of common sense. These were the two reasons Amos Potters had decided for her to appear second to Nancy. She confirmed all that Nancy had said for Potters and reconfirmed it when Evers went through the motions of his cross-examination. When she left the stand, the audience mumbled. They were disappointed with Evers’ lazy questioning. Why didn’t Evers dispute what the girls had said, they wondered, as did Potters and Morgan.

Suddenly the audience quieted. Allan Childes would no doubt be the next witness. Surly Evers would not let his testimony go by unchallenged. It was time for the next witness.

“Now would be a good time for lunch,” Judge Erwin said. “This court shall reconvene at two o’clock.”

Each of the men ate rabbit.

Amos Potters had reserved a private dining room at the hotel where they could be away from the crowd, but even the oaken double doors could not keep out the exalted chatter that filled the large dining room where most of the audience was lucky enough to find a table to eat lunch.

They are expecting a lot, Morgan thought, as he rolled his fork through a huge pile of mashed potatoes and picked at the crisp rabbit meat on his plate. He looked at Amos. The old man was carefully slicing the meat from the bone, approaching his lunch in the same methodical matter in which he did everything else.

Russ, who held his rabbit in both hands, tore it ravishing oblivious to the silent communication that was passing from Morgan to Amos and back again. Russ was happy and now he brought the subject into the open: “It’s really going great, isn’t it? Evers didn’t know what the hell to say. He might as well have gone home.”

Morgan let a mouthful of rabbit slide down his throat and then put his fork down on the table. “What do you think, Amos? If I’d been the defense attorney, I would have done everything possible to tear their stories down. Through them, I would have discredited Childes to the lowest person on earth.”

Amos leaned back in his chair, “Evers wasn’t terribly competent this morning. Some lawyers are like that on the first day against the defense — they figger we have a long trial in front of us and they might as well save most of the bartering and bickering for the final couple of days.”

“Oh hell, Amos,” Morgan growled. He pushed away from the table and walked to the wall, wheeled around, “Evers might as well be on our side if that’s the way he’s going to conduct his cross- examinations.”

“Hey,” Russ Porter yelled. “What’s wrong? I thought everything was great!”

“Yes, great — too great. Amos, what’s he got?”

“I don’t know.” Amos had stopped eating and was staring at his fork as if it could tell him something.

“But he’s got something! Right?”

“It would appear so.”

Morgan slammed a fist on the table then turned back to the wall.

“God, he’s our key witness and Gardner isn’t even worried. Maybe we should have brought our less important witnesses in first — to let us feel out Evers’ case. For all we know they have twenty people bought and paid for to swear that Gardner was at a party that night.”

“Yes, they may have someone. I don’t think so, however. We could cross them up too easily based on Gardner’s testimony at the Coroner’s Inquest. Remember? He said he was home and in bed when he was awakened by the dog barking. No. They must have something else. At any rate, we’ve taken this too far to pull Childes. We’ll have to get him up there and find out what Evers does to him.”

Morgan shook his head. “This is one helluva way to run a trial.”

“At least we’ll have his statement on record.”

“Yea. For better or for worse.”

Seats rattled. Boots scuffed. A few coughs. Then silence.

“The defense calls Allan Childes to the stand, Your Honor.”

Bailiff: “State your name for the court, please.”

“Allan Childes.”

“Allan Childes, do you solemnly swear to tell the truth, the whole truth and nothing but the truth, so help you God?”

Hand on the Bible, “I do.”

“You may take the stand.”

“What?”

“Sit up there.”

Amos Potters stood before the bench. Allan Childes looked down at him nervously.

“Allan, we have had testimony from Nancy Caldwell and Mary Luntree that you told them you saw Frank F. Gardner at the Porter house on the night of the murders. Did you hear that testimony?”

“Yes. I heard it.”

“And do you now agree that their testimony is true?”

“Yes. They said what I told them.”

“And three years later, did you sign this statement for the defendant, John Morgan, stating again what you saw and that all the girls said you told them was true?”

“Yes. I signed that statement.”

“And you now state that this is true?”

“You so state?”

“Yes.”

“Go ahead. In your own words, tell this court what you saw on the night of the murders.”

Allan Childes’ nervousness disappeared as he began telling his story to the jury and the spectators. While Childes talked, John Morgan watched the faces of Dan Evers and Frank Gardner. Gardner’s face was expressionless, as it had been since the beginning of the trial. Morgan wondered if anything would affect this man. Evers was smug. This bothered Morgan. When Evers was nervous, his face showed it. When Evers was excited, his eyes all but shone. When he was frightened, his face revealed the secret. Now his face was smug — and did it reveal some knowledge that all that was taking place was not really important?

Thirteen minutes later Allan Childes finished his story. He had enjoyed his role and the attention it gave him.

“Tell me why you did not come forward with this information years ago, Allan.”

“I was afraid to.”

“Why?”

“Frank Gardner was mayor at Twin Forks, then. I didn’t think anyone would believe me if I told them what I saw — at least, not right away would they believe it. That would have given them time to kill me, too.”

“I see. You were afraid for your life.”

“You bet I was.”

“Thank you. No more questions.”

County Attorney Dan Evers stood in front of his chair. When the crowd quieted, he remained there frozen in his position. When the courtroom had been silent long enough, he walked to face the witness stand dejectedly. Without looking at Childes he said, “Your name again, please.”

“Allan Childes.”

“Do you realize the seriousness of what you have said today?”

“Yes sir. I believe I do.”

“You have been sworn before God.”

“Yes sir.”

“And you were sworn to tell the truth, the whole truth and nothing but the truth, were you not?”

“Yes sir.”

“The Bailiff administered the oath to you?”

“Yes sir.”

“When did you return to the County Seat from Montana?”

“Yesterday.”

“You came in by train?”

“Yes sir.”

“And did you talk to anyone when you reached town?”

“I went to the hotel to meet Mr. Morgan and Russ Porter.”

“You didn’t talk with anyone else?”

“Yes. I stopped up on the Square and found some of the old friends and I talked to them awhile before going to the hotel.”

“What did you talk about?”

“All kinds of things. Montana mostly.” “You talk any about the trial?” “No sir.”

“You didn’t talk to anyone about the trial?”

“Oh, I guess the trial was mentioned.”

“You guess it was mentioned?”

“It was mentioned.”

“Mentioned?”

“Yes. Some of the boys talked quite a bit about it, I guess.”

“You guess they did?”

“They did. That’s a fact.”

“But you didn’t tell them why you were here? You didn’t say you were here to testify at the trial today?”

“I think I said I was here to testify.”

“Did you or did you not say you were here to testify at the trial for the defense?”

“I did. I remember now — I did.”

“Where were you when John Morgan found you this summer and asked you to sign the statement which the attorney for the defense just showed you?”

“I was in Montana.”

“And what were you doing in Montana?”

“I was keeping sheep. I moved there about October of nineteen and twelve and kept sheep for a rancher until last week.”

“And John Morgan contacted you there?”

“Yes. He came to see me on the mountain.”

“And when next did you hear from John Morgan?”

“I believe it was Monday. I got a wire asking me to come to Twin Forks as soon as possible to testify.”

“Did you receive travel money?”

“Fifty dollars.”

“Any other money?”

“No.”

“There was never any other money?”

“No.”

“No promise of money?”

“No.”

“Now, Mr. Childes, last night on the Square of this town you told two men that you were going to testify today in court. You told them that you were going to tell a lie today. You told them that you in fact did not see Frank Gardner or anyone else at the window of the Jas Porter house that night. You told them you actually were never near the Porter home on the night of the murders. Did you say that?”

Allan Childes looked at John Morgan then quickly moved his eyes to the jury, and then let them fall on the cherry wood in front of him. Dan Evers waited four minutes before prodding.

“Allan Childes, did you or did you not tell the men on the Square last night that you were going to lie today in court?”

Another long pause.

“What’s the matter?”

“I don’t remember.”

“You don’t remember? How could you not remember?”

“It’ll come to me.”

“Would you like us to wait until you have the answer?”

“Yes. Let me think a minute.”

(Forty-five minutes pass) — (Stenographer’s note) “Have you had time to think?”

(no answer) — (Stenographer’s note)

“We are waiting, Mr. Childes. This court wants to hear the truth and nothing but the truth. Did you see Frank Gardner at the Porter home that night?”

“No.”

“Nor on any other night?”

“No.”

“And in June of this year you lied to the two girls about what you saw on the night of the murders?”

“I lied.”

“And this summer you lied when you told John Morgan that you saw Frank Gardner at the window?”

“Yes.”

“And the paper you signed was a lie?”

“Yes.”

“What? I don’t think everyone heard you.”

“I lied.”

“You lied today when you testified under oath, too, didn’t you?”

“Yes.”