Death Qualified (27 page)

    Yesterday the jury had stirred with interest for a brief time;

    today they were zombie like settling in deeper and deeper as if the emerging pattern had spread out too far, beyond their range of comprehension, beyond their vision. A bad sign. But nothing was off the chart yet, Barbara added grimly; she would make them see the connections, make them see the whole pattern. She knew she had to.

    Tony was playing it very close; he was not giving her an opening to the past, and if she tried to bring in the past, he was on his feet objecting instantly. Judge Lundgren was going along. Although her father was looking drawn and anxious, so far he had not said, / told you so. She was grateful for that. She was also grateful that he was not reminding her that once the jury had decided, it would be a monumental job to un decide them. She attacked her salad with some viciousness.

    Tony's next witness was Jessica Burchard. There was a hush in the courtroom as she rolled forward in her wheelchair.

    She was a striking figure with a blue-gray shawl around her shoulders, a gray skirt that hid even her feet, a blue long-sleeved blouse that left only the ends of her fingers visible. She was obviously in pain. She looked very brave.

    In a reverential voice Tony asked permission for her to be allowed to remain in her own chair, not to stand to take the oath; the judge nodded solemnly.

    After Tony established her identity, he said, "Mrs. Burchaid, did you ever hear Nell Kendricks threaten to shoot anyone?"

    "Yes. I heard her say that."

    "Please, just tell us about it in your own words."

    She twisted to look up at the judge.

    "I don't think she meant anything by it. You know how people say things...." Her voice was faint, and she was twisting a handkerchief around in her hands.

    "Please, Mrs. Burchard, speak up. That's for the jury to decide," Judge Lundgren said kindly.

    "Mrs. Burchard?" Tony said, equally gentle.

    "When did you hear Mrs. Kendricks say that?"

    She looked down at her hands and said in a low voice, "On Thursday, a few days before he, before Lucas Ken dricks, was shot."

    "Go on. Just tell us about it."

    She appeared to be making a great effort to force herself to speak, but when she did, the words tumbled out fast. "We were on my deck, and she said that she would shoot anyone who trespassed on her property. She was a very good shot, you see. And then when he, when Lucas was shot, I remembered what she had said, and I thought that he had told her he intended to cut down the trees. He tried it once before, before he ran away the last time, and I thought he must have told her he would actually do it this time. To raise money, of course. When I heard that he had been shot up on the ledge, that made me recall what she had said." She let out her breath and looked up at Tony, then looked past him to the defense table, and whispered, "I'm sorry."

    Barbara turned as if to confer with her father, but in fact she was looking at Nell, who had become as cold and pale and rigid as an alabaster statue.

    "Take it very, very easy," she murmured to Nell, and then said to her father, "Bitch." He nodded and pulled out his notebook and made a note, as if she had reminded him of something or had made a request.

    If Tony was as smart as she remembered, he wouldn't go much beyond that, Barbara thought. He was behaving like the perfect, solicitous, tender prosecutor doing a distasteful job that he didn't want to prolong. In fact, he asked only one more question.

    "To your knowledge, did anyone else overhear what Mrs. Kendricks said that day?"

    "I don't know," Jessie said.

    "I can't be certain. Except for my husband, of course. He was right at my elbow."

    When Barbara stood up she felt as if she were on a slippery slope to a viper pit. Tony had been the good guy, and now she would play the heavy and take terrible ad vantage of this poor, brave, suffering woman.

    "Mrs. Burchard," she said, "how can you be so certain that was on Thursday?"

    "That's the day my husband is home in the afternoon.

    We always have open house, neighbors drop in."

    "Isn't Thursday the day the bookmobile arrives at Turner Point?"

    "Yes."

    "Was that the Thursday that people at Turner's Point saw a body in the river?"

    "Your Honor, I object!" Tony said sharply.

    "It has not been established that this witness has any direct knowledge of what was going on at Turner's Point."

    "Sustained."

    "Who else was at your open house that Thursday?"

    Barbara asked.

    Jessie shook her head.

    "I'm sorry. I just don't remember."

    "Did any of your guests appear upset, excited?"

    "I don't know. I don't remember. We always have open house on Thursday, and they seem to blend together. It's hard to remember any one in particular."

    "But you recall exactly what Nell Kendricks said? Is that right?"

    "Yes. Because when Lucas was shot, I remembered what she had said, and I thought that he had told her he intended to cut down the trees. He tried it once before, before he ran away the last time, and I thought he must have told her he would actually do it this time. To raise money, of course. When I heard that he had been shot up on the ledge, that made me recall what she had said."

    Barbara nodded gravely and walked away a few steps, her hands clasped before her, her head bowed a little.

    "How long have you known Nell?"

    "Nine years, ever since we moved out to the river property."

    "And her children? You know them?"

    "Well, of course."

    "You've seen her during times of trouble, and during good times, then. Is that right?"

    "Yes, for nine years."

    "Was she troubled on that Thursday? Excited?"

    "I don't remember that she was."

    "What were you all talking about when she said she would shoot a trespasser?"

    "I can't remember. I just remember what she said."

    "Yes, I see. Do you have children, Mrs. Burchard?"

    "No." For the first time her voice sharpened and was clearly audible.

    "How big are your parties when you have open house?"

    "I don't know. It varies."

    "Six people? Ten? Just a rough estimate."

    "I don't know. Five or six, probably."

    "And Nell Kendricks was usually one of them?"

    "Yes, she used to come regularly."

    "In fact, she picked up and delivered your library books, didn't she?"

    "She used to."

    "Yes. Did your group discuss literature at those open houses?"

    "Not usually."

    "Politics? Art? Local affairs?"

    Jessie looked helplessly at Tony, as if to ask if she had to submit to any more of this. Barbara waited. She was standing by the corner of the defense table. Although she had not glanced at Tony, she knew that the expression he was wearing would be one of outrage at her badgering of this ill woman. Probably the jury was sharing that outrage by now.

    "I don't know what we talked about," Jessie said fretfully.

    "Different things, local things, logging, things like that."

    "So in the middle of discussing local affairs, Nell Kendricks said.. .." Barbara paused.

    "Just remind us of that afternoon, will you?"

    "Yes," Jessie said clearly.

    "We were on my deck, and she said that she would shoot anyone who trespassed on her property. She was a very good shot, you see. And then when he, when Lucas was shot, I remembered what she had said, and I thought that he had told her he intended to cut down the trees. He tried it once before, before he ran away the last time, and I thought he must have told her he would actually do it this time. To raise money of course. When I heard that he had been shot up on the ledge, that made me recall what she had said." She finished with a defiant, steady voice.

    "Yes," Barbara said slowly.

    "I see. Did you make a note to yourself to help remember what happened that day?"

    "No. I don't think it will ever fade in my memory. It made that kind of impression on me."

    "Did you confide in anyone, tell anyone how bothered you were? Your husband, perhaps?"

    "No."

    Barbara looked out at the spectators, more today than yesterday, but still not a great crowd. She saw Lonnie among those watching. She did not turn back to Jessie, but now looked at the jury instead. She met hostility there, and regarded them soberly as she asked her next question.

    "Did you confide in your housekeeper, tell her what you felt you had to say?" From the corner of her eye she saw Lonnie sit up straighter, but she continued to gaze at the jurors.

    "No. I simply worried about it by myself."

    "So you thought he had told her he actually would do it this time?"

    "To raise money, of course," Jessie said.

    "Go on," Barbara said softly.

    Jessie looked bewildered.

    "When you heard that he had been shot...."

    "When I heard that he had been shot up on the ledge, that made me recall what she had said."

    "Mrs. Burchard, do you have a tape recorder?"

    "Yes."

    "You stated that you did not confide in your husband regarding your testimony here, or your housekeeper, or anyone else, and you said you did not write it down to help your memory. I ask you, did you rehearse it with a tape recorder?"

    Tony was on his feet instantly, but Jessie cried, "No, I didn't have to rehearse it!" and his objection was drowned by her words.

    Judge Lundgren said dryly, "Since the witness has chosen to answer the question, I overrule the objection."

    Barbara looked at Jessie for a second, then shook her head; she glanced at the jury, and this time the hostility was gone.

    "No further questions," she said, and sat down.

    Chuck Gilmore testified next. Although a very large man, over six feet, and broad through the shoulders, with a deep chest, he always had appeared comfortable with himself, at ease in flannel shirts and jeans. Now in a suit and tie, he squirmed in the witness chair. To Barbara's surprise he was as reluctant as James and Tawna Gresham had been. Tony had to work at it, but in the end, Chuck Gilmore said that Nell was a natural with a rifle; he had seen her shoot at different times, and she had threatened him a few years ago when she found him on her land.

    "Mr. Gilmore," Barbara said in her cross-examination, "when were you on Nell Kendrick's land when she threatened you?"

    He shrugged.

    "Five, six years ago."

    "Was it in the winter, spring, when?"

    "Spring, maybe February."

    "Wasn't that the spring following the death of Nell Kendricks's grandfather, Benjamin Dorcas?"

    He squirmed and shrugged his shoulders, ran a finger under his shirt collar, and finally said maybe it was.

    "Yes, you know it was, don't you, Mr. Gilmore? Please, just yes or no."

    "Yes."

    "Mrs. Kendricks found you on her land, cutting down brush one day. Is that right?"

    "Yes."

    "Was she alone when she came upon you?"

    "Well, she-had the baby, but no one else."

    "I see. Her baby was with her." Barbara faced Nell.

    "You knew her grandfather, didn't you, Mr. Gilmore? Was he a friend?"

    "Yes. More than twenty years he was a good friend."

    "And yet, within months of his death you started to cut a trail through the property he bequeathed to his granddaughter. "

    "Objection, Your Honor. Counsel is jumping to conclusions.

    There is no preparation for such a question."

    "Sustained. Ms. Holloway, perhaps you should lead up gradually to such a conclusion."

    "Thank you, Your Honor. Mr. Gilmore, why were you on Nell Kendricks's property cutting brush?"

    "I wanted to make a trail down to the beach," he said without hesitation.

    Barbara very carefully did not turn to look at Tony.

    "Mr.

    Gilmore, if you found someone on your land cutting down brush, what would you do?"

    "Objection," Tony snapped.

    "That's pure conjecture."

    "Sustained."

    "Did Mrs. Kendricks have a gun that day?"

    "No. She said she'd get it and come back and if I was still there, she'd perforate me until I'd work like a sieve."