The Trial, part two

by Maril Swan


Episode #319

Part Two of Four

Disclaimers: The characters from the Queen of Swords series are copyright to Fireworks and Paramount. No infringement is intended nor revenue expected from their use. The story plot and other characters are copyright to the author, Maril.

Acknowledgments: heaps of praise and flowery phrase to Eliza for her unerringly critical eye which helped improved the story. Thanks also to brig for her comments and suggestions. No one can overestimate the value of wonderful beta readers like Eliza and brig. Thanks again, amigas. And a muy muchas gracias to Paula who has made this season so much of a treat for all the readers.





Act Two

It seemed only seconds later, the iron door from the guard room clanged open and footsteps approached her cell. Instantly, she came awake, and her heart began to pound as she relived those terrible moments when Montoya had arrived at dawn to take her to her death. She clenched her fists and tensed, ready for them. This time she would fight with all her strength even if they killed her.

The curtain parted and she saw with relief it was Roberto. His face was grave and he tried to smile. "It's time," he said in a low voice. "The trial is about to begin."

One guard unlocked the cell while two others stood with their pistols pointed at her. She smirked to herself, thinking they were being deliberately sloppy. She had got out of tighter spots than this. Only three guards! Montoya must be hoping she would try to escape. Well, she would go quietly to her trial and let this thing play out. That was her plan and she would stick to it, no matter what.










A long table stood at the far end of the Rose Courtyard where the tribunal of thirteen dons was seated with Gaspar Hidalgo in the middle. All were dressed in dark suits and each don wore a grave expression as they watched the progress of the small retinue accompanying Tessa enter like players on a stage. Helm escorted her to a smaller table with two chairs set up to the right and a distance in front the main table. Montoya and Grisham sat together at another table placed to the left. The recording clerk, a young soldier, sat at a table off to the side, alert and self-important, with his quill pen poised over a sheaf of paper. In front of and between the tables for the defence and prosecution was a small chair for witnesses.

The rest of the courtyard was filled with benches hastily borrowed from the cantina and a variety of chairs. Only a fraction of the large audience had places to sit. As she took her place, a hush fell over the chattering crowd. Gaspar stood up and Montoya and Grisham rose with him. Tessa got up and Helm stood beside her. She heard the gathering behind her shuffling to its feet.

With a weighty bearing, Gaspar intoned, "In the name of King Ferdinand of Spain and with the grace of God, the trial of the Queen of Swords versus the Crown is now in session. The charges against the accused are murder, treason, incitement to sedition, theft, vandalism, assaulting the King's soldiers, and a long list of minor charges. We beseech God for guidance and fairness in our deliberations." Gaspar lowered his head and his lips moved as if he were praying, then he sat down and the rest of the assembly took their places again.

Gaspar regarded the occupants of the two tables before him and continued, "The tribunal of dons will listen to the witnesses from the defence and the prosecution, then will retire to deliberate and return with a verdict and sentence. The prosecution may call its witnesses first and the defence has the right to cross-examine. Once the prosecution witnesses have all been heard, the defence will bring forward its witnesses and the prosecution may cross-examine. We will recess each day for the mid-day meal and the siesta, then resume at two o'clock and proceed until four. Are there any questions?"

Helm shook his head then glanced at Montoya who sent him a baleful look. Tessa could hear the crowd murmuring excitedly. It was as if they were at a play, waiting for the curtain to open and first act to begin. She swallowed, her stomach churning with anxiety. As she looked at Montoya, he nodded and gave her a triumphant smile. She inhaled sharply, stabbed again by the terror of that dawn, of the abyss of death. It took an iron control for her to return his smile with a pert grin of her own.

The colonel stood and proclaimed over the noise of the crowd, "For my first witness, I call Señora Juana Perez!"

A woman clad entirely in black pushed her way to the front and stood in front of the witness chair. The clerk stood and handed her a Bible. She duly took her oath, then sat down. By her stiff mien, she seemed overwhelmed, terrified. She worried a small handkerchief in her hands as Montoya approached, straightening his jacket. He smoothed his moustache then cleared his throat.

Tessa felt sorry for the peasant woman. Her black dress was much patched and frayed at the hem. She kept her eyes down on the ground as if afraid to meet the colonel's pale gaze.

"Señora Perez, you are recently widowed. Your husband, Corporal Alfredo Perez, was a soldier in this garrison. Would you please tell the court the circumstances of your husband's untimely death?" Montoya poised erect with his head slightly inclined toward her. His presence seemed to intimidate her as she moistened her lips and visibly trembled.

"My husband," she began, then her voice broke. She tried again, more loudly, "My husband was killed while on duty nearly a year ago."

"How did your husband die, señora?" Montoya asked, an edge of impatience in his voice.

"He was killed while trying to capture the Queen of Swords. I didn't see it but I was told that Alfredo, ...Corporal Perez fell off a roof while fighting her with his sword. His neck was broken and he died." Her voice dwindled away and she looked up at Montoya as if hoping for approval.

The colonel leaned closer to her. "So, you would say that his death was directly attributed to the Queen of Swords. He was murdered by her, in fact."

Helm jumped up. "I object! The prosecution is putting words into the witness' mouth and drawing unproven conclusions."

Gaspar rapped the small hammer he held in his hand on the table as the crowd muttered noisily. "Objection sustained. Colonel Montoya, confine your examination of witnesses to questions and let the court draw its own conclusions."

Montoya grimaced, then pulling himself up straighter, asked the woman, "How has your life been since your husband ...died? What do you and your five children live on?"

She hesitated for a second, then replied, "I receive a small widow's pension, thanks to the generosity of Colonel Montoya, and I take in laundry and do cooking for the unmarried soldiers. It is difficult sometimes to feed my children but the padre also helps."

"In other words, from having a steady income from your husband, you have been thrown upon the charity of the community. How do you feel about that? Do you blame anyone for your misfortune?"

Helm was about to rise again, but Tessa restrained him. "Let her speak," she whispered.

The woman looked up at Montoya then across at Tessa. Her eyes were frightened but held no anger. Tessa gave her a slight smile and discreet nod.

"I do not blame anyone, Colonel. My husband knew the risks when he joined the army," Señora Perez said.

Montoya turned away, a disgusted look on his face. "Your witness," he growled at Helm.

Helm approached the woman and she gave him a tremulous smile. He bent closer and asked, "Have you any other source of money, Señora Perez? Any gifts left anonymously on your doorstep occasionally?"

The woman brightened visibly and sat straighter. "Yes. Once a month, I find a small purse of money there."

"Who do you think is leaving these gifts?" Helm straightened and glanced at Montoya.

"I think it is the Queen of Swords who leaves this money."

Montoya snarled, "Guilt offerings! She killed the man and now offers his widow guilt offerings!"

Gaspar rapped the table loudly and with a stern look, warned, "Colonel, you will keep your accusations to yourself. They have no place in this court."

Helm took the woman's hand to help her up. "I have no further questions of this witness."

When the woman had returned to the rear of the court, Montoya said, "I now call Corporal Pietro Martinez."

Tessa restrained her smile as she saw the soldier approach the tribunal and stand in front of the witness chair. Pietro had tried to court Marta, and of course, had failed. Marta had only been plying him for information about tax shipments.

After the corporal had sworn his oath, Montoya paused before him then asked, "Tell us about the occasions when you have met the Queen of Swords. Include all the details, Corporal Martinez."

Martinez raised his eyes as if trying to recall. "The first time, I was driving a coach that had tax money for Monterrey. Behind me, the Queen had knocked the two rear guards off their horses. She caught up the to the coach and got on. Then she threw me off the bench and I fell hard on the ground. The Queen took the coach and I didn't see her after that. Later I found out there was no gold in the coach, just a young man who was hired to capture or kill her."

"But, Corporal, if there had been gold in the coach, what do you think would have happened to it?"

Helm stood and said, "I object. Counsel is leading the witness to make an unsubstantiated conclusion."

Gaspar hesitated, looked along the row of dons, then said, "Objection sustained. Witness will not answer the question."

Montoya glared at Helm, his pale eyes narrowing. He whirled on the witness. "On other occasions, even when you were not driving the coach, what has happened to the gold shipments?"

Martinez seemed to be thinking hard, then replied, "The money bags were taken by the Queen. I saw her do it myself once when I was riding rear guard. She set a trap so that when the coach passed, some brush exploded and caught fire in a narrow ravine and we could not get our horses to go through. She captured the coach and took the gold." The corporal grinned at Montoya as if he had done something well.

"That is all, Corporal Martinez." Montoya strode back to his table and sat down. "Your witness."

"Did you actually see her take any gold?" Helm asked.

Pietro hesitated, glancing from Montoya to the Queen. "No, I did not see her take the gold, but it was gone from the coach when we caught up to it."

"No more questions," Helm said. As Martinez passed their table, he gave a grin and wink to Tessa.

The morning wore on as Montoya called several more soldiers and two soldier's widows. The sun rose over the courtyard and soon all the assemblage were sweltering under its glaring heat. With great relief, the court recessed as the sun reached its zenith and Tessa was led back to the coolness of her cell.

Helm accompanied her and ordered the guards to leave them some privacy. As soon as the soldiers were out of earshot, he sat down on her cot and said, "Well, that didn't go too badly."

As she paced the cell, she stopped and gave him a sceptical glance, her eyebrows arching. "I guess it depends on what you call 'badly'. So far, I have no defence for any of the charges. As I told you before, I am guilty and there is no other verdict possible." She moved to the cot and stared down at him. "I want you to call me as a witness."

The doctor stood suddenly, and shook his head. "No! That would give Montoya a chance to cross-examine you. He won't call you as a witness because you have too much on him. He can, however, force you to admit to the crimes you've committed."

"I want him to. Then, I can explain why I'm doing this." She touched the lace mask. "It's the chance I've wanted for so long, Roberto. If I go down, at least I'll take him with me."

Helm whirled away from her, his back rigid. When he faced her, his eyes were blazing. "Are you crazy? Just when it seems that things are changing for the better, you'd throw your life away to revenge yourself on Montoya? He's not worth your life."

"Perhaps my life is not in as much danger as you think," Tessa replied with a quick smile as she pulled the key out of her corset.

Helm's mouth dropped open as he stared at the object she held in her gloved hand. His cheeks coloured darkly. "You've had a key...all along? You've had a key?" he growled.

"Yes, I was given the key by Vera yesterday. It's obvious that Gaspar doesn't want me dead or maybe he just doesn't want the trial to go on. In any case, I can get away if things turn out badly."

The doctor strode back and forth quickly, his head held in his hands. Tessa could feel the explosion coming and tried to defuse it. "Roberto, you should be glad I'm in no danger."

"NO DANGER?" he shouted. "Like this morning for instance? That was no danger? You were nearly executed! And all along you've had the means to escape." Helm rubbed his face and took several large gulps of air, then faced her. "I swear I don't understand you. I think you're addicted to danger. You crave it like a drug."

Tessa regarded him for several seconds then said quietly, "Call me as a witness, Roberto, so I can say what I need to say and set the record straight on Montoya."

Continue to Part Three







If you have missed any episodes so far, you will find them in the Season Three Archives section .



Home | Previews | Season Two Archives | Writers | Feedback | Season One | Forum | Links

 

See who's visiting this page. View Page Stats
See who's visiting this page.

1