Chapter Thirty

Buck and then Clyde testified they found Tess and Adam with Noah trying to escape. Tyler exposed how they threatened to kill the baby and used brutal force against Noah even after Tess was in custody. Neither man showed any remorse.

Daniel summarized his case by pointing at Noah. “She was in the company of this man, Noah, who helped her escape.” He looked at Judge Shoemaker. “The law states you must return a runaway slave to its master. And anyone aiding a runaway must be punished. I only ask that you uphold the law.”

“Your turn, Mr. Montgomery,” Judge Shoemaker said. “Call your defense witnesses.”

“I call Noah St. Paul.”

“He can’t testify against a white man!” Daniel reminded him.

“He won’t,” Tyler assured them.

Tyler removed something from his packet of legal papers. “I would like to provide a marriage certificate between Noah St. Paul and Tess.” Tyler handed the document to the judge for examination.

“Slaves can’t marry,” Edward spoke.

The judge silenced him.

“Mr. Vandal has a valid point, your honor,” Tyler said. “The law doesn’t allow slaves to marry in the South. Sometimes they’ll perform a ceremony called jumping the broom. Slaves recognize it as a marriage contract between two people, but it’s not recognized by the law.” He turned to Noah. “Is that how you and Tess were married?”

“No, we were married in a church. A Quaker church.”

“Note the name of the church on the certificate of marriage.”

“I don’t see how that makes any difference if the law doesn’t recognize marriages between slaves,” Daniel argued.

“But God does,” Tyler stated. “Perhaps not under the law of the Commonwealth of Virginia, but in the eyes of God they can become husband and wife, and the child is proof of the union between Tess and Noah. The Quaker religion does not recognize slavery and married Noah and Tess in their church before God and witnesses.”

“So they’re married,” Daniel stated. “Your point?”

“Does the court concede they are man and wife?”

Daniel looked at Edward, who nodded. “We do.”

“Then Noah is not guilty of aiding a runaway. He was protecting his family, a God-given and legal right in this country.”

The judge removed his glasses. “What do you mean, Mr. Montgomery?”

Tyler pointed at Edward. “When a woman marries, she leaves the protection and authority of her father or a brother and is placed under the protection of her husband.”

Edward jumped to his feet. “She’s not my sister! And you have no evidence that Cyrus Vandal was her father.”

“I was speaking generally,” Tyler explained calmly.

The judge rapped his gavel. “Sit down, Mr. Vandal.” He looked at Tyler. “Get to your point.”

“As master, Mr. Vandal doesn’t need to have a fraternal relationship with Tess to be her protector,” he clarified.

Tyler pointed at Noah. “The law clearly recognizes the transfer of protection and possession to a husband on the wedding day.”

“Go on,” the judge conceded.

“When he consummates the marriage, he also claims any wealth or property of hers and makes all future decisions for her,” Tyler expanded. “A wife and her children belong to the husband in legal matters. He must provide and care for them.”

Tyler lifted Adam in his arms. “A master like Edward Vandal can tear a child from his mother’s arms and sell him to the highest bidder. Edward claims this little boy belongs to him because he owns his mother. But what about his father’s rights?”

“There’s no proof the child was fathered by him,” Edward shouted.

“Look at the date on the marriage certificate.” Tyler pointed at the document. “Under the law any child born to a woman after the wedding day is the responsibility of her husband and considered his legal child.”

“How old is the baby?”

“Eight months.”

“They’ve been married for nearly two years by this date.” The judge looked at Noah. “He’s legally responsible for this child, whether he fathered him or not.”

“But I own him,” Edward said.

“There are cases where an indentured servant was owned by one man but married to another. The rights of the husband were upheld.” Tyler retrieved a law book from the table. He opened it to a marked page and handed it to the judge.

Judge Shoemaker read down the page. “I’m familiar with this case. How far do you consider this protection?”

“You heard Mr. Vandal testify that Tess would be whipped and raped,” he reminded him. “A husband not only has a right but a responsibility to stop violence toward his wife.”

“I was speaking as a master!” Edward interrupted. “I still own her.”

“But you gave her away in marriage.” Tyler showed the wedding certificate to Edward. “Who witnessed the mark made by Tess? Isn’t that your signature, Mr. Vandal?”

“The preacher told me to sign. I didn’t read it.”

The judge examined the document. “It’s a binding agreement requiring your permission, which you gave by signing it.”

“I still own her, and she ran away.”

“But my client, Noah St. Paul, was not helping a runaway. He was aiding his wife and son. Buck Cassell testified he took liberties with this young woman. Would any husband stand by and allow another man to molest his wife?”

Judge Shoemaker rapped his gavel to silence the murmurings of the crowd. He turned to Tyler. “You’ve introduced an interesting argument, young man. I will have to think on this matter.” The judge stood, took the book Tyler had given him, and headed for his chambers.

“Court is recessed,” the bailiff announced as the judge disappeared through the door to his office.

“What does it mean?” Cory leaned over the railing. “Is he coming back?”

“It means he’s going to render a verdict after he considers our arguments.”

“But he was impressed by you.”

Tyler wondered. “I had more arguments. He didn’t even wait for my summation.”

“It wouldn’t have made any difference,” Sam said. “Something you said triggered a decision. He needs to reason it out.”

“What you said was enough,” Noah said. “You’re a good lawyer. Miss Olivia would have been proud.”

Tyler turned to Sam. “My mother is dead, but I’d understand if you don’t want me to practice law for you.”

“Folks like a colorful yarn and a little scandal,” Sam answered. “Especially in court. That story probably won some clients for us.”

Tyler grinned. “I think I’m going to like working for you.”

“I’m already thinking of a partnership.”

****

Cory had joined the Reverend and others in prayer. Only twenty minutes had passed when the door to the judge’s chamber opened, and Judge Shoemaker entered. He took his seat and the bailiff told everyone to be seated.

“You made an eloquent argument, Mr. Montgomery, and although the father retains his parental rights when a child becomes indentured, the master decides the punishment and training of the child. Noah may be the husband and father, but Mr. Vandal is the master. The law is clear on this subject. A runaway slave, whether married or not, must be returned to its master. This woman and her baby belong to Edward Vandal, and the court will return them.” He took a deep breath. “On the other matter of Noah St. Paul aiding a runaway, I find your argument has merit.”

Judge Shoemaker nodded at the defense table, and they stood. “I find through the evidence of the pass, the letter, and ease of the slave’s escape, Mrs. Vandal was key in urging Tess to run away.”

Edward stood to protest, but Daniel shoved him back into his seat.

“I also believe this man, Noah, was acting as a husband and father in his behavior to protect his wife and child. These men, Clyde and Buck Cassell, have testified they made no attempt to ask the woman to return with them peacefully but instead took her by force. Therefore, I find Noah St. Paul was protecting his family from these men and is not guilty of aiding runaways.”

A spontaneous cheer erupted from the citizens seated in the courtroom. Judge Shoemaker pounded his gavel to silence them.

“Therefore, I do not find enough evidence to make any federal charges against this man. However, Noah St. Paul is guilty of obstructing the law, and I sentence him to one day in jail, already served, and a two-dollar fine.”

Edward stood. “That’s ridiculous!”

“Are you calling this court ridiculous, Mr. Vandal? I could have you fined and jailed for contempt.”

Edward sat in silence.

Daniel Hossler stood. “I ask your honor to detain the defendant, his lawyers, and those in the courtroom until the train leaves with the girl and her baby. I wouldn’t want to see any more violence or a futile attempt to rescue the runaways.”

“I agree.” Judge Shoemaker looked around the courtroom. “Sheriff Carter will escort Mr. Vandal and his property to the depot.”

The judge turned to the court deputy. “You will escort Noah and his attorneys to the clerk’s office to pay his fine and guard them until the train is gone. Everyone else will remain in the courtroom until I dismiss you.”

Cory needed to leave the courtroom. Adelaide had given her the task of protecting Adam in case Buck and Clyde tried to use the baby against Tess or Noah again. She watched the deputy lead Sam, Tyler, and Noah out the door first. Cory saw Tyler’s bag on the floor and grabbed it. She rushed past Sheriff Carter with Tess, Edward, and the Cassell brothers and handed Tyler his valise.

They gathered in the hallway at the top of the staircase, each waiting for the other group to go downstairs first.

Noah stroked tears away from Tess’ cheek. “I’ll come for you. I promise.”

She shook her head. “Don’t.”

“I’ll buy their freedom.” Tyler put the valise on the floor and removed a wallet from his coat pocket. “How much will it take?”

“I wouldn’t take a dollar from you,” Edward said.

“What about me?” Cory opened her purse and removed the money she had saved from teaching. “I have a hundred ninety-six dollars here.”

“That’s barely enough for the babe.”

“Sold!” Tyler took the money from Cory and waved it at Edward. “The baby is hers.”

Edward looked at Tess. “You’d give away your baby?”

“You’re going to take him away from me anyway.” She shoved Adam into Cory’s arms. “Take him.”

Edward refused to take the money. “No deal.” He grabbed Adam, who wailed at being passed around. “He should grow to be a big strapping boy by the looks of him.”

Edward tried to hand Adam back to Tess, but she refused to take him. She turned her face away.

“No one is going to buy him for what he’ll be some day,” Cory warned Edward. “Babies die when we least expect it.” His face paled, and she knew her words had hit a mark. “It’s an awful big gamble with talk of emancipation. This money is guaranteed today, right now.” She waved the bills and shook the coins in her purse.

“You seem to forget no one can buy a slave in Ohio,” Sam said.

Cory closed her purse. Now what? She saw Tyler’s valise on the floor. “Can we barter a trade?”

“What are you willing to trade?” Buck asked.

Cory ignored Buck’s lewd stares and opened Tyler’s bag. She grabbed the vest Regina had made and waved it like a flag. “Will you trade this vest for the baby?”

Edward stared at the vest but made no offer.

“No deal!” Tyler yanked the vest from Cory and stroked the embroidery. “I plan to wear it at every trial I’m in. Reggie’s fine needlework ought to impress the judges.”

Cory frowned at Tyler. Why was he making a fuss about keeping the vest? He turned away from the others to put the vest back in his valise and winked at her. He was fueling the fires of competition with Edward.

She could help. “I thought that vest didn’t mean anything to you!” Cory shouted at him. “You still love Reggie!”

“I knew it!” Edward pointed his finger at Tyler.

“No man ever forgets his first love, especially when he has such a special token of her affection.” Tyler removed his jacket. “Let’s see how it looks on me.”

“Do you want the baby or not?” Edward demanded.

“An even trade of property,” Tyler argued. “The vest for the baby.” He put on the vest and buttoned it.

Edward stared at the vest. “Deal.”

“Give Adam to Noah.” He removed the vest and held it out.

Edward made the exchange and handed the vest to Buck. “Cut it up.”

Buck and Clyde flashed their knives and reduced the beautiful needlework to a pile of shredded fabric and frayed threads.

Cory gasped. “Why?”

“He didn’t care about the vest,” Tyler explained. “But he wanted to make sure I never wore it.”

“Regina is my wife. No man has a claim on her affections but me.”

“You can’t buy affection,” Cory argued.

“You can buy anything.” He looked at Tyler. “You bought a slave.”

“You heard Sam. I can’t buy a slave in Ohio, but Adam is free.” Tyler looked at Noah. “Like I promised.”

“He’ll be free?” Tess glanced at her baby. She kissed him several times and looked at Noah. “Tell him I gave him away because I loved him.” She swiped away the tears on her cheeks and turned to Tyler and Cory. “Thank you.”

“What about Tess?” Tyler removed his wallet and dropped it on the floor. “There’s two thousand dollars in it. You could pick it up and leave Tess behind. The baby will need his mother to feed him.”

Edward picked up the wallet and handed it to Tyler. “Nice try. I don’t mind giving away the baby. He’s useless to me, but I plan to recover all my money and more from this gal.”

“But why?” Cory demanded.

“She ran away.”

“You read Reggie’s letter. Tess had no choice.”

“Regina had no right to give away my property. I own the Silver Pheasant and everything on it. I decide what to keep and what to discard. Regina will learn that soon enough.”

Cory thought of the little girl lost in the dark coal mine and worried about Reggie’s future.