“Would the court reporter please read back Mr. Garon’s last words?” Gilmore asked.
Clearing his throat, the court reporter began to read. “Mr. Kincaid: ‘Did Andy and Poke shoot at MacCallister?’
“Mr. Garon: ‘Yeah, but what I think they done was shoot back at him. Only, not being professional gunmen like MacCallister is—’” The reporter looked up. “That is as far as he got before the objection.”
“Would you please finish your statement, Mr. Garon?”
“Yeah, I was goin’ to say that not being professional gunmen, when they shot back at MacCallister they missed. MacCallister didn’t miss, and he killed Mr. Parker an Mr. Waggoner,” Garon said.
“Thank you, no further questions.”
Despite Kincaid’s best efforts, he was unable to break Garon’s insistence that he, Parker, and Waggoner had only intended to flag down the coach in order to ask for a ride.
Closing arguments for both attorneys did little more than reiterate the arguments they had already presented. After that, the jury was dismissed so they could return with a verdict.
Deliberation took less than half an hour, then the jury returned.
“Gentlemen of the jury, have you selected a foreman?” Judge Hawkins asked.
“We have, Your Honor,” someone said.
“And who is the foreman?”
“I am, Your Honor.”
“And you would be?”
“My name is Harris, Your Honor. Clete Harris.”
“Mr. Harris, has the jury reached a verdict?”
“We have, Your Honor.”
“Publish the verdict, please.”
“Your Honor, on the felony count of attempted robbery, we find the defendant, Jim Garon, not guilty.”
“What?” Ben Carney shouted out loud. “There’s no way that son of a bitch isn’t guilty!”
The shotgun guard wasn’t the only one to react in such a way. Several others shouted out in protest as well, including Arnie Sessions.
“This ain’t right!” the coach driver said.
Judge Hawkins banged his gavel on the desk, and had to do it over and over, shouting, “Order in the court! Order in the court.” It took several calls before order was restored. The judge looked back over at the jury foreman. “I must say, Mr. Harris, I find your verdict astounding.”
“There is more, Your Honor,” Harris said.
“All right, let me hear what else you have to say.
“We have lowered the charge of attempted robbery to the misdemeanor count of interfering with the transit of a public stagecoach. And on that charge and specification, we find the defendant guilty.”
“Misdemeanor?” Judge Hawkins questioned. “You have taken it upon yourself to lower the charge to a misdemeanor?”
“We were led to understand that if we could not find the defendant guilty on the felony charge, that we could lower the charge to a misdemeanor,” Harris said.
“Yes, it is within your authority to do so,” Judge Hawkins agreed.
“Very good, Your Honor, because that is exactly what we have done. Since the defendant did not discharge his weapon during the incident, and those who did discharge their weapon are now dead, the jury can find no cause for a felony charge.”
“You do realize, don’t you, that the maximum punishment I can assess for the misdemeanor charge is one hundred and eighty days?”
“Yes, Your Honor.”
Judge Hawkins let out a long audible sigh, then ran his hand across the top of his bald head.
“Very well, Mr. Foreman, you may sit down. Sheriff, if you would, please, bring the defendant before the bench.”
The sheriff walked over to the defendant’s table and signaled for Garon to stand. He then walked with him to appear before the bench.
“James A. Garon, in all my years on the bench, I have never seen a greater miscarriage of justice than what I have witnessed here on this day. You are obviously guilty of attempted stagecoach robbery and, because two of your fellow perpetrators were killed in the failed attempt, you could also be charged with murder.
“However, a jury of your peers has tried the case, and has found you not guilty of any felony charge. They have found you guilty of the misdemeanor charge of impeding the progress of a public coach, so now it is incumbent upon me to sentence you.
“Normally, for misdemeanors, I would assess a sentence equal to time served, or, I would levy a fine. In your case, however, I intend to give you the maximum penalty the law will allow. To my great disappointment and bitter frustration, I can only sentence you to six months in jail. And that, sir, is exactly what I am going to do.
