“I don't like that idea,” said the judge. “If we have the hearing and approve the extradition, then this trial takes second place and off he goes to Kenituck.”
Marty Laws whispered to Verily, “Don't be daft, boy! I'm the one as pushed Webster into agreeing to this, it's crazy to send him to Kenituck.”
For a moment Verily wavered. But by now he had some understanding of how Webster and Laws fit together. Laws might believe that he had persuaded Webster to put off the extradition, but Verily was pretty sure the reality went the other way. Webster wanted extradition postponed. Therefore Verily didn't.
“I'm quite aware of that,” said Verily, a statement that had become true not five seconds before. “Nevertheless, we wish an immediate hearing on the matter of extradition. I believe that is my client's right. We don't wish the jury to be aware of a matter of extradition hanging over him.”
“But we don't want the defendant leaving the state while still in possession of Makepeace Smith's gold!” cried Webster.
“We don't know whose gold it is yet,” said the judge. “This is all pretty darn confusing, I must say. Sounds to me like the prosecution is pleading the defense's cause, and vice-versa. But on general principles I'm inclined to give the capital charge precedence over a matter of larceny. So the extradition hearing will be– how long do you boys need?”
“We could be ready in this afternoon,” said Marty.
“No you can't,” said Verily. “Because you have to obtain evidence that at present is almost certainly in Kenituck.”
“Evidence!” Marty looked genuinely puzzled. “Of what? All the witnesses of Alvin's killing that Finder fellow live right here in town.”
“The crime for which extradition is mandatory is not killing a Finder, plain and simple. It's interfering with a Finder who is in pursuit of his lawful duty. So you must not only prove that my client killed the Finder– you must prove the Finder was in lawful pursuit of a particular slave.” The thread that Verily was holding to was what the Miller family back in Vigor had told him about Alvin changing the half-Black boy so the Finders couldn't Find him anymore.
Marty Laws leaned close to Daniel Webster and they conferred for a moment. “I believe we'll have to bring us a Slave Finder over the river from Wheelwright,” said Laws, “and fetch the cachet. Only that's in Carthage City, so… by horse and then by train… day after tomorrow?”
“That works for me,” said the judge.
“If it please the court,” said Webster.
“Nothing has pleased me much so far today,” said the judge. “But go ahead, Mr. Webster.”
“Since there is some considerable history of people hiding the slave in question, we'd like him taken into custody immediately. I believe the boy is in this courtroom right now.” He turned and looked straight at Arthur Stuart.
“On the contrary,” said Verily Cooper. “I believe the boy Mr. Webster is indicating is the adopted son of Mr. Horace Guester, the owner of the roadhouse in which I have taken lodging, and therefore he has presumptive rights as a citizen of the state of Hio, which decrees that he is presumed to be a free man until and unless it is proven otherwise.”
“Hell's bells, Mr. Cooper,” said Marty Laws, “we all know the Finders picked the boy out and took him back across the river in chains.”
“It is my client's position that they did so in error, and a panel of impartial Finders will be unable, using only the cachet, to pick the boy out from a group of other boys if his race is concealed from them. We propose this as the first matter for the court to demonstrate. If the panel of Finders cannot pick out the boy, then the Finders who died in this town were not pursuing their lawful business, and therefore Kenituck.has no jurisdiction because the Fugitive Slave Law does not apply.”
“You're from England and you don't know diddly about what these Finders can do,” said Marty, quite upset now. “Are you trying to get Arthur Stuart sent off in chains? And Alvin hanged?”
“Mr. Laws,” said the judge, “you are the state's attorney in this matter, not Mr. Smith's or Mr. Stuart's.”
“For crying out loud,” said Marty.
“And if the Fugitive Slave Law does not apply, then I submit to the court that Alvin Smith has already been determined by the sheriff and attorney of Hatrack County to have acted in self-defense, and therefore to bring charges now would put him in double jeopardy, which is forbidden by–”
“I know exactly who and what forbids double jeopardy,” said the judge, now getting a little edgy with Verily.
What am I doing wrong? Verily wondered.
“All right, since it's Mr. Smith's neck that's on the line, I'll deny the prosecution's motion and grant the defense motion to set up a blind test of a panel of Finders. Let's add another day– we'll meet on Friday to see if they can identify Arthur Stuart. As for putting Arthur in custody, I'll ask the boy's adopted father– is old Horace in the court today?”
Horace stood up. “Here I am, sir,” he said.
“You going to make my life difficult by hiding this boy, so I have to lock you up for the rest of your natural life for contempt of court? Or are you going to keep him in plain sight and bring him to court for that test?”
“I'll bring him,” said Horace. “He ain't going nowheres as long as Alvin's in jail, anyhow.”
“Don't get cute with me, Horace, I'm just warning you,” said the judge.
“Got no intention of being cute, dammit,” murmured Horace as he sat back down.
“Don't curse in my courtroom, either, Mr. Guester, and don't insult me by assuming that my grey hair means I'm deaf.” The judge rapped with his gavel. “Well, that does it for motions and–”
“Your Honor,” said Verily.
“That's me,” said the judge. “What, you got another motion?”
“I do,” said Verily.
“There's the matter of arguments on the motion to produce the plow,” offered Marty Laws helpfully.
“Dammit,” muttered the judge.
“I heard that, judge!” cried Horace Guester.
“Bailiff, put Mr. Guester outside,” said the judge.
They all waited while Horace Guester got up and hurried out of the courtroom.
“What's your new motion, Mr. Cooper?”
“I respectfully request to know the position of Mr. Webster in this courtroom. He seems not to be an official of the county of Hatrack or the state of Hio.”
“Ain't you co-counsel or some other fool thing?” asked the judge of Daniel Webster.
“I am,” said Webster.
“Well, there you have it.”
“Begging your pardon, Your Honor, but it seems plain to me that Mr. Webster's fees are not being paid by the county. I respectfully request to know who is paying him, or if he is acting out of the goodness of his heart.”
The judge leaned on his desk and cocked his headto look at Daniel Webster. “Now that you mention it, I do recall never seeing you represent anybody as wasn't either very rich or very famous, Mr. Webster. I'd like to know myself who's paying you.”
“I'm here volunteering my services,” said Webster.
“So if I put you under oath and ask you to tell me if your time and expenses here are or are not being paid by someone other than your own self, you would say that you are receiving no payment? Under oath?”
Webster smiled faintly. “I'm on retainer, and so my expenses are paid, but not for this case specifically.”
“Let me ask it another way. If you don't want the bailiff to put you out with Mr. Guester, tell me who's paying you.”
“I am on retainer with the Property Rights Crusade, located at 44 Harrison Street in the city of Carthage in the state of Wobbish.” Webster smiled thinly.
“Does that answer your respectful request, Mr. Cooper?” the judge asked.