The Last Buckaroo (11 page)

Woody
then went to the jury box.  He laid a hand on the rail and spoke in a low tone
as he studied each of their faces: old, young, clean shaven and bearded. 
“
Now,
gentlemen, before this circus begins and the other side brings out the
elephants, hooked up trunk to tail as they parade by, I just want you all to
remember one thing: elephant manure smells a whole lot like bull shit!
”

As
he walked away, Woody heard considerable laughter coming from behind and
smiled.  At least a few of them liked him.

CHAPTER
FIFTEEN

With
the opening statements out of the way, Judge Samuels looked to the prosecutor. 
“
Call
your first witness, Mister Wilson.
”

“
The
prosecution calls Burr County S
heriff Preston Ames.
”

With
that a low roar came from the gallery and that prompted Judge Samuels to gavel
them down.  Preston went to the witness stand, as he had hundreds of times
before over the years.  The clerk came from the side with a bible and asked him
to place his left hand on it.  After that, Ames raised his right hand and
rattled off the oath without any further coaching.  He then seated himself
 — 
also
without being told.

Prosecutor
Wilson came forward.
 
“
Sheriff,
how is it you are certain Yancey Burke killed Clyde Banyon?
”

“
Well,
for one thing, he was trying to slip out of town in the dead of night, with all
of his belongings.  An innocent man doesn
’
t
run.
”

Katie
wondered how things would have turned out had Yancey turned himself in, as he
’
d
wanted to.  Knowing Preston as she did, it would have made no difference, she
was certain.  They would still be here today, fighting for his life.

“
But
even before that, Sheriff, you knew he was the one that done the killing,
right?
”
Wilson said.

“
I
did.  You see, Yancey and Clyde had been at each other over at the tavern,
earlier.  Clyde had knocked Yancey
’
s
hat off, and because of that, Yancey pulled a gun on him.  At that time, Yancey
vowed he
’
d
catch up with Clyde later
 — 
and
deal with him properly then.
”

From
where she sat behind Woody Clampett, Katie was taking notes of inconsistencies
in Preston Ames
’
testimony.  She would share those with
Woody upon cross examination.

“
So,
how was Clyde killed, Sheriff?
”

“
Clyde
was accosted at his place of business and bludgeoned to death with one single
blow of a horseshoe hammer.  When he was found it was embedded in his brain. 
Poor Clyde was so pop-eyed his own mother couldn
’
t
have recognized him.
”

With
that the gallery groaned in harmony.

“
Objection!
”
 
Clampett jumped to his feet. 
“
Your
Honor, I don
’
t see a reason for this sort of
graphic testimony.  It certainly adds no evidence that may point to the guilt
of my client, or anyone else for that matter.  Therefore, I see no usefulness
in it whatsoever.
”

“
The
cat
’
s
out of the bag, Mister Clampett,
”
Judge Samuels said. 
“
What
do you suggest I do?
”

“
An
admonishment of Sheriff Ames may be a start,
”
Woody said and sat down.

But
then the real reason for his objection was primarily to point out to the jury,
they shouldn
’
t associate the gruesomeness of
this killing with his client.  His client was innocent.

“
Sheriff,
I understand Yancey Burke put up quite a fight when you and Deputy Kermit
Striker first attempted to apprehend him?
”

“
He
’
d
have gotten away if Striker hadn
’
t
shot his horse,
”
Ames said. 
“
Then
Yancey there pulled a derringer he kept in his boot and shot Kermit.
”

“
Well,
I see Deputy Striker is still with us, Sheriff.
”

“
I
got him medical attention.  Doctor Kromwede was summoned from home.  He mended
Deputy Striker without much difficulty.  I guess the bullet must have passed on
through him.
”

“
But
he could have died, couldn
’
t
he?
”
Wilson said.

“
Your
Honor, please
…”
 
Woody
stood. 
“
Talk
about whipping a dead horse over a minor injury.  I talked to Kromede.  They
’
re
blowing an accidental firing of my client
’
s
gun way out of proportion.  Isn
’
t that right,
Doctor?
”
 
Woody turned to the
gallery and saw Kromwede stand.

“
That
’
s
right,
”
the doctor said. 
“
The
wound across Deputy Striker
’
s rib cage was
nothing more than a minor graze.  There wasn
’
t
a stitch taken and blood loss was minimal.
”

“
Jesus
C
hrist
almighty,
”
the
judge was heard saying before slamming the gavel down numerous times. 
“
What
in the name of God do you think you
’
re
doing, Clampett?  Sit down, Doctor!
”

“
Well,
sir, how else am I going to compete with this tirade of lies?  The fact of the
matter is Kermit Striker shot himself trying to get my client
’
s
gun out of his boot
…
 
Give me that boot, Yancey.
”

Yancey
quickly removed it and handed it over.  Woody soon had a finger poked out
through an obvious bullet hole through the side of the boot, a few inches above
the heel. 
“
There, Y
our
Honor
…
  Do you see
that?
”
 
Woody turned so both
the jury and the gallery could see the wiggling finger.

Katie
couldn
’
t
help but laugh, as did everyone in the courtroom, until the judge gaveled them
quiet again.

With
that, Sheriff Ames gave Deputy Striker, standing near the jury box, the evil
eye. 
“
You
lied to me,
”
he
mouthed, with an angry red face.  Woody saw but didn
’
t
much care.  He
’
d made his points and was satisfied
they
’
d
cast a shadow over most everything Sheriff Ames had testified to so far.  What
was left he
’
d do his best to tarnish in cross
examination.

“
What
the hell just happened here?
”
Prosecutor Lane Wilson finally woke
up and shouted to the judge.

“
Well,
Lane, when you find out, please let me know,
”
Samuels said, not
wanting to take the time necessary to straighten it all out. 
“
Time
being, are you finished with this witness?
”

Hearing
that, Preston Ames stepped down and began walking away from the witness stand.

The
judge grabbed the gavel, then realizing it would do him no good, dropped it and
instead shouted,
“
Recess
 — 
fifteen
minutes!
”
and disappeared into his chambers.  Lane Wilson, soon thereafter, followed him
in.

Katie
noted this as highly improper.  A judge just didn
’
t
hold conference with a counsel without the opposing counsel being present.

Once
they were gone the gallery was alive with laughter laced chatter.  None of them
made a move to leave the building, however, knowing full well there was an
equal number of people outside, anxiously awaiting a vacancy.

Katie
handed her notes over to Woody. 
“
I
think this covers most of it, unless Yancey has something to add.  The s
heriff
’
s
description of what happened in the tavern between Yancey and Clyde was one
sided
…
in fact he wasn
’
t even there at the
time
…
his testimony was mostly hearsay.
”

“
He
wasn
’
t
there?
”
Woody said and tossed
up his hands. 
“
Then he personally saw
none of what he testified to?
”

“
He
didn
’
t. 
And according to Lester Kingsley, he never examined the body either
…
 
He stayed well back the whole time
…
him and Striker both.
”

“
Well,
where did that description come from then
…
hammer in head, bulging eyes
…
?
”

“
Maybe
whoever found the body told him that.
”
 
Katie cringed at the thought.

“
Who
did find the body?
”

“
I
don
’
t
know that either,
”
Katie said.

“
The
s
heriff didn
’
t
say, when you talked to him in the tavern?
”

“
Nope. 
He just said
somebody
found Clyde
’
s
body.
”

“
Where
’
s
Lester Kingsley?
”

“
He
had yet to turned up as of eight this morning,
”
Katie
said. 
“
I
talked to Marta at the telephone office.  She promised to send him over as soon
as he shows
…
if he does.
”

“
Does
he regularly disappear like this?
”
Woody asked.

“
I
guess he does, but never for this long before.  Where he goes nobody seems to
know.
”

“
A
real moon walker, huh?
”

“
What
’
s
a moon walker?
”
Katie
asked.

“
In
Texas that
’
s what they call someone that
wonders off in the night for little or no reason.
”

“
Oh!
”

Yancey
then leaned in and told the two of them some interesting things that happened
in the hotel
’
s barn while he was being
apprehended.  He was certain Striker would have killed him, had the sheriff not
driven up in his Model T when he did.

CHAPTER
SIXTEEN

Judge
Samuels gaveled the court back in session at ten thirty.  Sheriff Ames
reluctantly retook the stand.

Prosecutor
Lane Wilson approached him. 
“
Sheriff, in your
previous testimony you didn
’
t actually see
some of the things you spoke of, did you?
”

With
that Woody leaned back to Katie,
“
I
guess they
’
re one step ahead of us.  I wonder
who
’
s
responsible for wising them up.
”

Katie
looked around, and returned,
“
Samuels,
I suspect.
”

“
As
sheriff, I have to rely on my deputies for a lot of the information gathered. 
I take that as if I
’
d witnessed it myself,
”
Ames answered.

“
So,
in other words, your testimony here today was an accumulation of information
gathered by all persons in your office?
”
Wilson said.

“
That
’
s
correct.  I speak for all of them.
”

“
Not
so fast!
”
 
Woody came to his
feet. 
“
Your
Honor, I find nothing in the law that will allow one person to testify for
another.  Not even in this instance, where the sheriff has established himself
as some sort of know all see all, can he declare himself above the law.  It
’
s
still hearsay, through and through, Judge.
”

Judge
Samuels gaveled for silence as grumbling came from the gallery. 
“
I
’
ll
allow it,
”
he
simply said, attempting a quick remedy to a sticky situation. 
“
Sit
down, Clampett!
”

“
I
will not sit down!  Not until you make the proper ruling, Judge!
”
 
Woody
’
s
voice echoed throughout the room. 
“
It
is the law and that goes without exception!
”

“
Maybe
you
’
d
rather spend the night in jail for contempt, Mister Clampett?
”
Judge
Samuel
s
shouted back.

“
A
night in jail for insisting you follow the law?  Your Honor
’
s
threat will not persuade me to stand idly by while you allow bits and pieces of
hearsay to be strung together and presented to this jury as fact!  Not when
that man
’
s
honesty is in question anyway.
”
 
He thrust a finger at Preston Ames,
who was glaring angrily back at him.
 
“
Not when my client
’
s
life is at stake here.
”

The
gallery, finding it impossible to restrain themselves any longer, began to
rumble.  Judge Samuels gaveled them down one more time.

“
Then
you leave me no choice in the matter, Mister Clampett,
”
Samuels started,
“
Therefore,
I hereby declare the entirety of Sheriff Ames
’
testimony unfit.  The jury is hereby instructed to disregard every word of it,
as well as the rebuttal offered by the attorney for the defense.  With that
said it appears we are back to square one as far as this trial is concerned
…
 
Does that satisfy you, Mister Clampett?
”

Woody
wasn
’
t
satisfied, but since he was confident he
’
d
gotten his point across to the jury anyway, he said,
“
Only
if the sheriff is instructed to be absolutely truthful in his testimony, from
this moment forward.
”

“
Preston,
you heard that,
”
Samuels said. 
“
Now
let
’
s
move on.  Mister Wilson, proceed.
”

“
I
have no further questions of this witness,
”
Wilson said and seated
himself.

“
How
can you have no further questions, when technically you have asked none?
”
Woody said primarily to
antagonize a raw situation.

“
Then
I
’
ll
ask none,
”
Wilson
returned smartly.

“
He
’
s
your witness,
”
Woody
pointed out. 
“
Why did you call him if you have no
questions?  Wilson, you do know it was Sheriff Preston Ames that filed murder
charges against my client.  And that it is his and your burden, as sheriff and
prosecutor, to prove his guilt.  I might add, beyond the shadow of a doubt?
”

“
In
due time, Mister Clampett
…
 
In due time,
”
Wilson said. 
“
Your
Honor, I exercise my right to reserve this witness for a later time,
”
Wilson said, cleverly. 
“
The
prosecution will instead call Deputy Kermit Striker.
”

Striker
came from the side, stepped up to the stand.  Once he was sworn in and seated,
Wilson approached. 
“
Deputy, did you find
the dead body of Clyde Banyon?

“
I
did.
”

“
And
where was it you found said body?
”

“
At
the town
’
s
livery.  It was in a room in the rear of the blacksmith shop.
”

“
Were
you searching for Clyde at the time?
”

“
I
was.  The
sheriff wanted to question him on another matter.
”

At
this point Katie began to write feverishly on her pad.  It appeared to her one
liar on the stand had been exchanged for another of the same ilk.

“
Deputy,
about what time of day was it when you found the body?
”

“
Close
to nine at night,
”
Striker said. 
“
I
remember checking my watch before entering the livery; it was a quarter of
nine.
”

Katie
made note of that as well.  That would certainly come in handy when Lester was
called to testify.

“
Did
you see anyone around the livery at the time?
”
Wilson asked.

“
I
saw Yancey Burke riding away on that white horse of his.  It looked to me like
he was in a big hurry
…
his horse was at a
full gallop by the time it reached the main street, a block away.
”

With
that, Yancey looked back to Katie and shook his head disgustedly.  Katie nodded
in return.  She
’
d also detected the
inconsistencies in Striker
’
s testimony from
what Yancey had told her actually happened.

“
So,
is that why the sheriff ordered Yancey Burke arrested?
”

“
Not
exactly.
”

“
Then
what was the reason?
”
Wilson asked.

“
We
had an eye witness that saw him do it,
”
Striker said, then
glanced to Yancey.

With
that Katie gasped.  Now she didn
’
t
dare look to Yancey, even though from the corner of her eye, she saw him trying
to get her attention.

“
And
who was that?
”

“
Lester
Kingsley,
”
Striker said boldly.

With
that the gallery became loud with chatter.

Katie
’
s
heart took a leap and she screamed out:
“
That
’
s
a lie!  Lester is a friend of mine.  He told me what he saw at that livery that
night, and Yancey
’
s name was never
mentioned!  In fact he dictated and signed this!
”
 
She waved about the
statement Kingsley had given her and signed.

Judge
Samuels banged his gavel so hard the head broke off and flew across the
courtroom. 
“
Young lady!
”
he shouted.
 
“
You
best shut your mouth or I
’
ll have no choice but
to remove you!  Quiet in the court!
”

Katie
looked disappointedly to both Woody and Yancey, who were glaring at her. 
“
Lester
will clear this up when we find him
…
you
’
ll
see.
”

“
Do
you have more questions for this witness, Mister Wilson?
”
the judge asked.

“
I
’
m
finished with him for the time being,
”
Lane Wilson said and
went back to his table.

“
Your
witness, Mister Clampett.
”

Woody
took his time getting up from the table.  He wanted the jury to get over the
shock of what was previously presented before tackling Striker.  When he
finally got to his feet and ambled over, he had
Katie
’
s
notes in his hands, and was going through them.  He hoped this would make
Striker uneasy.

“
Kermit
…
 
That is your name, isn
’
t
it?
”

“
Most
call me Striker.
”

“
But
it is your name?
”

“
It
is.
”

“
Kermit,
was it your intention to kill Yancey Burke in that hotel barn, the night you
came across him there?
”

“
No,
sir,
”
Striker said and
glanced again to Yancey.

“
Then
can you tell me how it happened that you shot Yancey
’
s
horse, Hank, in the belly, causing the poor animal to suffer severely, before
finally dying?
”

Some
in the gallery groaned.

Then
before Striker could offer up an answer, Woody said,
“
I
submit you were attempting to kill Mister Burke, as he scurried about that
barn, avoiding your gunfire!  And that
’
s
when Hank was accidentally hit by one of your carelessly fired bullets!  Isn
’
t
that what happened, Kermit?
”
 
Woody spit the name out.

“
What
difference does it make?
”
Striker said, smartly. 
“
He
’
s
a killer.
”

“
Accused,
Mister Striker,
”
Woody pointed out. 
“
Shooting
an unarmed man is considered a crime
…
even for an officer of the law.  Do you know that, Kermit?
”

Striker
shrugged defiantly.

“
If
Lester Kingsley actually told you he witnessed the murder of Clyde Banyon, why
didn
’
t
you tell Sheriff Ames about it right away?  The truth is, you never told the
sheriff about in until days later
…
 
Isn
’
t
that true, Kermit?
”

Striker
shot a look to Preston Ames, at the left side of the room, and saw the sheriff
’
s
face redden. 
“
How did you know that?
”
Striker asked.  He threw his attention back to Woody.