The Cogan Legend (33 page)

“That's not true!”  Charles roared.  “I just told you it was the trauma of that day that's left her without the ability to recall exactly what did happen!”

“Order!”  Judge Gerhard shouted as the audience began to shout at the defense attorney.

“I think we have enough evidence, Mr. Brandt,” Judge Gerhard said when the courtroom quieted.  “Do you have any more witnesses?”

Brandt shook his head in disgust and defeat. “No, Your Honor, the defense rests.”

Gerhard nodded in satisfaction.  “Gentlemen, I will expect closing arguments tomorrow morning.  I will see you at exactly nine o'clock.”  He banged his gavel, and the courtroom erupted in shouts as the Judge walked out.

The bailiff collected Poll Soll and escorted him back to the jail.

At nine o'clock, the next morning the trial continued.  

“Mr. Hoffman, you're up first. Let the jury hear your closing arguments.”  

Hoffman stood and looked directly at each man in the jury box.  After a brief moment of silence he began.  

“Gentlemen, let me give you a brief overview - a summary of the facts.  We know the defendant, Poll Soll, lived in the Cogan.  We know he was fascinated with Ann Fairchild and her beauty; we have witnesses who testified to that fact.  He could not stop staring at her every time he saw her.  We have witnesses who testified that his brother also enjoyed seeing and talking to both ladies.  As a matter of fact, he approached them on several occasions.  We know Mr. Hess and Lieutenant Matter testified under oath that on the day of the murder they didn't see anyone else on the Cogan road, no other wagons, no other travelers, no one on horseback, no other foot prints - no one.  Lieutenant Matter testified that he and Tom Straub followed a trail from the site of the murder directly back to Jim Soll's house.  It was a short cut that Jim Soll and Poll Soll used to ambush, kill, and rape.  Again, I remind you Poll Soll couldn't keep his eyes off of Ann Fairchild; he couldn't keep his eyes off of her because he wanted to have his way with her.  

“We now know that in addition to Rachel Miller's murder there was another murder committed at that spot.  The Lieutenant found the body of Jim Soll in the well with his skull split open.  We know the trail of blood that lead back to the defendant's house was not Rachel Miller's blood but that of Jim Soll.  We know Jim Soll was a big man, and it took a strong man to drag the murdered man's body.  The defendant and his brother got into a fight over who was going to be first, like pigs at the trough.  He murdered his brother, climbed into the coach and attempted to rape Miss Fairchild.  When Rachel Miller tried to do something, get away or hit him or who knows what, he stabbed her with this knife.”

Hoffman picked up the knife and held it aloft. “How would you like getting stabbed with this knife?  Soll didn't hesitate either.  He plunged it in, and he twisted it in her stomach.  When he was done having his way with Miss Fairchild, he climbed out the coach and dragged his brother behind him.”  

“I, too, watched Mr. Soll enter the courtroom; he looks like an invalid, but his looks are deceiving.  He's a very strong man capable of two murders, capable of rape and capable of dragging his brother back to his house, murdering him, throwing him down a well and then escaping to a cave he'd already prepared for such an occasion.  We have one witness who stated the only words he spoke during his capture were, ‘Bury me here.'  Why would you say that if you were not guilty, if you knew you were going to hang for your crimes?  It's a confession!

Then he burned his house to the ground.  Why would you burn your house unless you had intentions of leaving or hiding from your crimes?  Gentleman of the jury, everything, without any doubt, leads to the defendant and his brother for the murder of Rachel Miller and the attempted rape of Ann Fairchild.  There is no way possible you can find this man anything but guilty.  Guilty on the count of murder, guilty on the count of attempted rape, and the defendant Poll Soll must hang for these crimes.”  

The jury looked impressed, Charles thought as he watched them absorb Mr. Hoffman's sharply pointed words.

The judge glanced at the defense table. “Mr. Brandt, your closing arguments.”  

Brandt wanted to mop his forehead, but he didn't dare.  He sat for a moment looking at the jury, then stood and walked toward them.  He stopped a few feet away and paused.  When he spoke, it was with the earnestness of someone who knew the truth but had a hard time convincing others of it.

“Gentlemen, you heard Mr. Hoffman telling you that everything leads to those two men.  I'm here to tell you that nothing leads to those two men.  Lieutenant Matter told you he saw the body of the defendant's brother.  Do we have proof of that?  No. He is the only one who saw his body, why didn't he recover it?   Why didn't he pull Jim Soll's body out of that well and take it back to the fort?  Remember he testified he was shook up, scared.  He's a lieutenant, an officer in the army!  He says he was scared yet the only physical proof we might have besides a knife that anyone may have owned, doesn't exist.  I contend he is lying, making up what he saw.  For what reason, you ask?  Because he failed to do his duty and now he's grasping at straws. There may be another reason, one that I know you have thought of during this trial because of the skimpy evidence.  It was the lieutenant's girlfriend who wanted this man out of her life forever.  Well, this will do it, won't it?  You put his neck in the noose and poof!  The lieutenant's problem is over, and it's all nice and legal.”

The crowd murmured their disgust with that statement, and the judge banged his gavel.

Undeterred by the crowd's reaction, Brandt pushed on. “Since we have absolutely no proof that Mr. Jim Soll is dead, how do you know he isn't in the next county alive and well?  You don't!  The Lieutenant told you he found a trail that leads back to Jim Soll's house.  Did anybody see the defendant or his brother on the trail?  No!  The Cogan road is a public road, any number of people know about that trail, hunters are in and out of there all the time.  

“Mr. Hoffman couldn't provide one witness that saw the defendant or his brother anywhere near the scene of the crime.  Why?  Because they weren't there!  I don't know where Jim Soll is right now, but if I felt I was going to be hanged for a crime I didn't commit I would hightail it out of here, too.  Lieutenant Matter accused Poll Soll of lighting his house and stable on fire. Can any man or woman in this courtroom or any witness Mr. Hoffman produced, say the defendant lit his own house on fire?  No!   How do we know the Lieutenant didn't burn the defendant's house out of revenge? Therefore he would be forced to sleep in a cave.  Can any man or woman in this court room, or any witness Mr. Hoffman produced, testify that Poll Soll killed Rachel Miller?  No!  Everything Mr. Hoffman has presented is circumstantial evidence, not one shred of hard evidence. Not one witness saw the defendant do anything that he is accused of.  The only eyewitness didn't testify; you heard her father testify that he didn't want her at the trial, why?  The only eyewitness to a murder and she isn't allowed to testify. Something doesn't add up, and that's why there is no way that you can come up with a verdict of guilty.  There is plenty of reasonable doubt that this man had absolutely nothing to do with the murder of Rachel Miller and the attempted rape of Ann Fairchild.  If you want to live with yourself and your conscience the rest of your life you must come up with a verdict of innocent.”

He turned and strode back to his table and sat down.

Judge Gerhard spoke. “Gentlemen of the jury that concludes our arguments as to the innocence or guilt of the defendant. It's up to you now to determine which of these arguments the true one is.  After lunch, I want you to assemble in the jury room and come up with your verdict.  When you know, tell the bailiff and he'll let me know.” He glared at the jury. “This is a matter of urgency, and your deliberations must not be tainted with anything but what you have heard in this courtroom.  I will expect you to talk to no one else until this case is decided in this room, and I have closed it.  Is that clear?”

The jury nodded.

“I'll have lunch brought in.  Bailiff, clear the courtroom and take the prisoner back to his cell.  We'll let you know when we are ready to begin again.”

He banged his gavel and left the courtroom.  

Outside, Phillip, Tom, Charles and Lewey were shocked to hear of the attempted rape.  Ann had never mentioned anything to indicate such an act.  Charles and Phillip cornered the prosecutor; they were interested in learning about the attempted rape charge he had claimed.  He told them he only did that to add more crimes to the case, more guilt.  He felt that the more horrible the story and the more charges he presented, the jury would have to come up with a guilty verdict.  He really didn't know if he had attempted to rape Ann, but her condition could lead one to believe it was possible.  

Within two hours, the jury was back in the courtroom with a verdict.  Charles, Phillip, Lewey, and Tom were anxious and concerned.  The Bailiff summoned the Judge and the courtroom quickly filled.  Then the defendant was led in.

“Mr. Foreman, do you have a verdict for the court?”

“We do, Your Honor.”

“What say the jury?”

“Guilty of murder and guilty of attempted rape.”

Poll Soll never looked up.

“Mr. Soll, please stand,” instructed the Judge.

Poll Soll stood, but he never looked at the Judge. He showed no emotion; he knew he was going to hang.

“You have been found guilty of murder.  For this crime you will hang by your neck until dead.”  The Judge continued, “Exactly at three o'clock in the afternoon on Saturday, April 12
th
, you will be hung on the gallows outside the walls of Fort Augusta.  This will be a public hanging for all to see, a lesson to all. Court adjourned.”

Charles immediately reserved their rooms for two additional nights; he was not about to miss the hanging.  

The next day, Poll Soll could hear the construction of the gallows from the stockade.  That night he started chanting in preparation of what was to come.  Holding the stone bird he chanted through the night.  His thoughts were reaching out for the truth and to prepare him for his journey to meet the Great Spirit.  The guards tried to silence him. They yelled, slapped him, and pushed him around, but to no avail, he would not stop.   

 

 

Since Ann had developed a trust in Mary she had no problem staying at the lodge with her.  Their relationship had become comfortable and relaxed, which pleased both women.  It also gave Mary the opportunity to share something that she thought might help her future step-daughter.

They were sitting at the kitchen table, sipping warm cider that Mary had pressed from apples a month earlier when Mary broached the subject. “Ann, do you mind if I share a story with you?”

Ann looked up.  “Please do.”

“It's not the easiest story to share,” Mary said, hesitating a little.  But she'd opened the door and needed to step through it.

“It's okay,” Ann assured her.

“I was married before – a long time ago. I don't know if you knew that or not.”

Even though she knew Mary was married before, Ann didn't acknowledge her question.

“Your father knows,” Mary hastened to add. “Something happened in that relationship that caused me not to want to get married again.”

Ann looked at Mary with interest.

Mary stared into her cider and when she looked up again, Ann saw tears in her eyes. “My husband loved to hunt, and we spent a lot of time in the woods together that first year.” She paused and looked for a handkerchief but couldn't locate one.

“Please go on,” Ann begged.

“The last time we went hunting together, he asked me to sit in a certain spot so I would have the first shot at a deer.  He went ahead of my location several hundred yards with a plan to chase the deer in my direction.  He was going to ‘beat' the woods, he called it.

“I must confess, I hadn't hunted before we got married and I'd only shot the gun a few dozen times.  I felt nervous and didn't want to make any mistakes.  I almost jumped out of my skin when a deer dashed out of the woods and ran right past me!  I couldn't get the gun up in time to shoot the deer.  I felt awful.  We needed the meat.

“A little while later, I heard rustling in the leaves and lifted my gun and aimed at the sounds I heard.  I didn't plan to shoot until I saw the deer, but I was nervous.  They always ran so fast, and I knew I probably wouldn't be able to hit a moving target.”

Mary took a deep breath.  “Anyway, as the noise got louder, I put my finger on the trigger.  A loud noise startled me, and I pulled the trigger without thinking.”

Abruptly Mary rose from the table and hurried to the sink where she took the dish towel from the counter and pressed it to her face.

“Oh, Mary!”  Ann said.  She got up and went to the older woman.  She put her arms around her and hugged her.

“My husband crawled out of the woods bleeding and barely able to speak. He died in my arms.  I'll never forget it as long as I live.”

“How did you ever get over it?  I can't imagine how you must have felt.”

“I couldn't get over it for almost twenty years,” Mary confessed.  She lowered the towel and gave Ann a quick hug.  “I'm okay now,” she said.  “It's impossible for me to tell the story and not cry.”

Prompted by Mary, Ann returned to her seat and waited while Mary poured more cider for both of them. “It took me a long time to stop blaming myself.”

“I can imagine!  I might never have been able to stop,” Ann shuddered. “I would never go hunting again!”

“I haven't.  I took the job as caretaker for your father because it was easier than trying to explain to suitors why I wouldn't go out with them.” She smiled ruefully as she sat down. “When I told your father, he was very sympathetic.  He never brought it up once in the years we've known each other.”