Red Rock: A Chronicle of Reconstruction

by Thomas Nelson Page

The investigation was fought at every point by Still’s counsel, and the Judge almost uniformly ruled in favor of their objections, so that Steve Allen had hard work to maintain his composure. His eyes flashed and a cloud lowered on his brow as he noted exception after exception. At length the Court began to head him off from even this protection, by ruling, whenever Captain Allen rose, that he was out of order. When Court adjourned the second day it was felt that except for the suspicious fact that Still had not endorsed any credit on the bonds, no fraud had been shown in his title to them. Witnesses who had been put on the stand to show facts tending to prove that he could not have had any such amount of money had been ruled out. It was conceded that under the Court’s ruling no sufficient ground had been established to upset Still’s title. The defendant’s counsel were jubilant, and that night debated whether they should put any witnesses on the stand at all. Leech was against it. The Judge was with them, he maintained. Mr. Bagby was acquiescent, but Major Welch insisted that, at least, he should go on the stand to state his connection with the case. He did not intend that it should appear of record that his name had been connected with a charge of fraud, and that, when he had had the opportunity to go on the stand and deny it, he had failed to do so. Mr. Bagby’s eyes lit up with a gleam of satisfaction as he listened to him, partly because of pride in his client, and partly, perhaps, because of the discomfiture of Leech and his client. The old lawyer was content either way, for he did not see how he could possibly be hurt, whatever might happen. So, next morning, the defence began to take evidence, and after they began to introduce witnesses it was necessary to go fully into the case. It was, however, plain sailing: wind and tide, in shape of the sympathy of the Court, were with them, and as often as Captain Allen interposed objections they were ruled out. Witnesses were put up to show that Still had always been a keen business man, and had at various times lent money to his neighbors, including Mr. Gray. Mr. Gray’s confidence in him was proved, and it was shown that he had relied on him so far as to send him South as his agent. Still was ostentatiously offered by Leech as a witness to prove everything, but was objected to on the ground that the other party to the transaction was dead, and was necessarily held incompetent. All the merit, however, of what he might prove was secured. An undisputed bond of Mr. Gray’s was put in proof. It was dated at the outbreak of the war, and was the bond given for money to help equip the Red Rock Company. This bond was taken from the bundle of papers in the old suit which Still had brought, and whilst it was being examined the other papers in the file were left spread out on the bar before Leech, with the big bond lying by itself until it should be offered in evidence. In this way a presumption was raised as to Still’s means and ability to lend money. Just then it became necessary to show the time when Still went South, in order to connect the large bond with that visit. An attempt was made to do this, but the witnesses put on the stand to prove it got confused on cross-examination and differed among themselves by several years. It was now night, and Leech was anxious to close the case. Things had been going so smoothly that he was impatient. He glanced around the court-room.

“Is there no one here who was present when you went or came back?” he asked Still, with a frown. Still looked about him.

“Yes, there’s a nigger. He was there both when I went away and when I came back. He used to work about the house.” He pointed to Doan, who stood behind the bar in the throng of spectators. “But I don’t want to put him on,” he whispered. “I don’t like him.”

“Oh! nonsense! It’s only a single fact, and if we can prove it by one witness, it’s as good as by a hundred.” He turned and spoke to Doan from his seat.

“Come around and be sworn.” Doan came to the clerk’s desk and was sworn. He was told by Leech that he need not sit down, as there was only one question to be asked. So he stood just in front of the bar, where the papers were spread on it, looking self-conscious and sheepish, but very self-important. Leech put his question.

“Do you know when Mr. Still was sent South by Mr. Gray?”

“Yes, suh. Cose I does. I was right dyah. See him de night he come back.”

“Well, tell those gentlemen when it was,” said Leech. A shade of impatience crossed his face as Doan looked puzzled. “What year it was?” He leaned over and touched the big bond lying on the bar before him, preparatory to putting it in evidence. The act seemed to arouse the negro’s intellect.

“Well, I don’ know nothin’ ’bout what year ’twuz,” he said, “but I knows when ’twuz.”