been ruled that Miss Smith cannot testify. Therefore any reference to her in any way will not be allowed.” Briggs turned toward the jury. “Please disregard everything you have heard about Miss Smith’s reliability as a witness, as she will not be a witness.” He then addressed Roswell. “And Counselor, if you introduce her again during the course of these proceedings, I will hold you in contempt. Do you understand me, sir?”
“I do, Your Honor.”
“You may continue with your direct.”
“Thank you, Sheriff. No further questions.” Roswell turned toward Bobby Lee. “Your witness,” he said.
Bobby Lee made no reply.
“Mr. Cabot, do you wish to cross-examine this witness?” the judge asked.
“I beg your pardon, Your Honor?”
Judge Briggs sighed, then stroked his chin. “Do you wish to ask this witness any questions?”
“Yes, Your Honor.”
“Then now is the time to do so,” Briggs said.
Bobby Lee walked over to stand near the sheriff. “Sheriff, when those people from the train brought me in to you as their prisoner, did one of the men who had been guarding me tell you that during the night he had fallen asleep, and that I had loosened my bonds and took possession of his pistol?”
“Yes.”
“And did that same man tell you that when he awoke the next morning, I returned the pistol?”
“Yes.”
“Do you not think that if I were truly guilty, I would have escaped during the night?”
“The train was running,” Sheriff Wallace said.
“Has no one ever jumped from a running train before?”
“I suppose they have.”
“Don’t you think that the reason I did not try to escape was because I knew I was innocent, and I believed you would back me up?”
“No. I think you just wanted to try and fool the guard into believing you were innocent.”
“What would be the advantage of that? He had no authority to clear my name. Only you have that authority.”
“I don’t know what you mean?”
“Yes, you do, Sheriff. You knew what we had planned. Don’t you think I had every reason to believe that you would let me go?”
“I don’t know. Maybe you were crazy.”
There was more laughter from the gallery, and again, the judge gaveled them quiet.
“Sheriff, did I not tell you when we returned to the jail that I was surprised that you weren’t in the express car? Did my letter not ask you to do that?”
“Look here, I never got this letter you are talking about,” Wallace said, pointing at Bobby Lee.
“Objection, Your Honor, this supposed letter has already been dealt with,” Roswell shouted.
“Your Honor, you said the others couldn’t testify because I had only told them about the letter,” Bobby Lee said quickly. “The sheriff is the person I sent the letter to. If I did send it, and he denies it, then he is lying under oath, and isn’t that called perjury?”
Briggs thought for a moment, then he nodded. “It is indeed called perjury, Mr. Cabot. Prosecution’s objection is overruled. You may continue.”
“Thank you, Your Honor. Sheriff Wallace, knowing that you are under oath, I ask you again. Did you receive the letter I sent?”
“No.”
“Without regard to the letter, in conversation did I or did I not tell you that I had joined Dodd’s gang for the purposes of setting a trap for him, and that I wanted you and your deputies to be in the express car?”
“I don’t recall any such conversation.”
“You are denying that we spoke about this, and you are denying that you received a letter from me.”
“Objection, Your Honor, questions have been asked and answered.”
“Sustained. Counselor, I believe you have taken this line of questioning about as far as you can take it,” Judge Briggs said. “Do you have any questions of a different line?”
Dejectedly, Bobby Lee shook his head. “No, sir, Your Honor. ”
“Redirect, Mr. Prosecutor?”
“No, Your Honor.”
“Do you have any further witnesses, Mr. Roswell?” Judge Briggs asked.
“I have no further witnesses, Your Honor, but I do have a letter from the WCSA that I would like to read into the court records as evidence,” Ray Roswell said.
