The smell of fresh-cut wood pervaded the courtroom on the first floor of the village hall, as it did Auguste"s cell. Frank must have worked seven days a week since last June, Auguste thought. Even though he"d hired half a dozen a.s.sistants, it was a wonder he"d found time to write and publish his newspaper.
Judge David Cooper, a man with a square, muscular face and piercing blue eyes, sat at a long table with the flags of the United States and the state of Illinois on stands behind him. A carpenter"s mallet lay on the table. Probably borrowed from Frank, Auguste thought. He had a vague memory of Cooper"s being present and saying something to Raoul the day he"d been driven from Victoire. Auguste stood as Cooper read out the charge of complicity in the murder of 223 citizens of the state of Illinois by the British Band of the Sauk and Fox Indian tribes.
Behind Auguste sat three blue-coats, Lieutenant Jefferson Davis and his two corporals. The prosecutor, Justus Bennett, and his a.s.sistant occupied a third table. The courtroom being not quite finished, the twelve jurymen sat on one side of the room in two pews carried over from the Presbyterian church.
Auguste knew only three of the jurors--Robert McAllister, a farmer whose family had survived Wolf Paw"s raid by hiding in their root cellar; Tom Slattery, the blacksmith; and Jean-Paul Kobell, a stableman from Victoire. He had no reason to think any of those three bore him any special ill will, though they might have good reason to hate any Sauk.
The others he knew not at all, which meant they must have moved to Victor since he left.
Behind the trial partic.i.p.ants about fifty citizens of Smith County were crowded into the courtroom, sitting in chairs or on benches they had carried into the village hall themselves. More stood along the walls.
During the first hour of the trial Raoul de Marion, the first witness for the prosecution, testified. He lounged in a chair beside the judge"s table.
Auguste sat in a cold fury as he heard, for the first time, an account of the war between the British Band and the people of Illinois as many pale eyes must have seen it. A murdering band of savages had invaded the state. The brave volunteers had pursued them, endured the loss of comrades, but eventually had triumphed, administering a righteous retaliation by exterminating most of the invaders.
Bennett, a lean man whose rounded shoulders gave him a serpentine look, turned to Thomas Ford. "Your witness, sir."
Ford, very erect in contrast to Bennett, stood up and walked toward Raoul. "Mr. de Marion, why on the night of September fifteenth, 1831, did you offer a reward of fifty pieces of eight to anyone who would kill your nephew, Auguste de Marion?"
"Objection," Bennett called from his seat. "This has nothing to do with the defendant"s conduct in the Black Hawk War."
"On the contrary Your Honor," said Ford. "It explains how my client got involved in the war."
"I"ll allow it," said David Cooper.
After Ford repeated his question, Raoul said, "I don"t remember offering any reward."
"I can produce at least ten witnesses who heard you and saw you hold up a money bag."
"Well, he provoked me. He"d tried to cheat me out of my inheritance."
"Apparently you"d already got control of the estate. By force of arms.
Was it necessary to go on and incite men to kill him?"
"I figured he might do just what he did--stir up the Sauk against us and try to use them to take the land away from me."
Ford turned to the jury, and the spectators could see the incredulous look on his face. Auguste felt a warmth for Ford. He seemed to know what he was doing. But it still made him uneasy to know that his life was in the hands of another man, no matter how competent.
"And why were you going to shoot Auguste, when he came to you with a white flag at Old Man"s Creek?"
"He was trying to lead us into an ambush."
Ford sighed, clasped his hands behind his back and took a few paces away from Raoul. He threw an exasperated look at the jury, as if to say, _What can I do with this man?_
Then he turned suddenly and said, "Mr. de Marion, in 1812, when you were just a boy, were you not present at the incident known as the Fort Dearborn Ma.s.sacre?"
"Objection," said Bennett. "This certainly has nothing to do with the man who"s on trial."
"Goes to the character of the witness, Your Honor," said Ford.
"I"ll let you ask the question," said Cooper. "Please answer, Mr. de Marion."
Raoul hunched over and his face grew darker. "G.o.d knows I was at Fort Dearborn."
"And did you not see your sister horribly murdered by Indians. Were you not subjected to two years of captivity and slavery?"
"I did. I was." The words came out in a hoa.r.s.e whisper.
Ford said, "Mr. de Marion, after those terrible boyhood experiences, to have your brother attempt to bring an Indian into the family must have seemed the crowning insult. I put it to you that your accusations against Auguste stem, not from any misdeeds of his, but from your hatred for him because he is an Indian."
Justus Bennett was on his feet. "Objection. The honorable defense attorney isn"t asking questions. He"s making a speech defaming the witness."
Cooper nodded. "Sustained." He turned to the jury and said, "The jury will forget about everything they just heard the defense attorney say."
Auguste shook his head. How could any man forget something he had just so clearly heard? In all his years of living among the pale eyes, he had never attended a trial. Now, on trial for his own life, he saw that the ways of the pale eyes were even stranger than he had ever realized.
The next prosecution witness was Armand Perrault.
At the sight of Armand, Auguste broke out in a cold sweat of fury. This man, Frank had said, was the one who s.n.a.t.c.hed Floating Lily from Redbird"s arms. Walking up to the witness chair, Armand avoided Auguste"s eyes. Always before he had shot Auguste looks of hatred. Today he was showing his guilt.
Aching knots spread through all Auguste"s muscles. Were he alone with Armand, he would hurl himself at him and try to kill him, barehanded.
But in this crowded courtroom he was helpless. His hands tightened on the links of his chain till they hurt.
He felt a firm grip on his forearm; Ford, sitting beside him, letting him know that he sensed his pain.
Led by Bennett"s questions, Armand repeated Raoul"s claim that the three peace messengers were actually the vanguard of a Sauk attack.
"Why do they keep harping on this?" Auguste asked Ford in a whisper.
"Makes you out a murderer," Ford said out of the side of his mouth, "if you tried to lead the white militiamen into a trap at Old Man"s Creek."
When it was Ford"s turn to question Armand he said, "You pulled the trigger on one of Black Hawk"s peace messengers, didn"t you?"
"Yes," said Armand, his teeth gleaming in his brown beard. "And I did not miss."
"And you killed an Indian baby on the road going through town about three weeks ago, didn"t you?"
"I don"t remember."
Ford raised his hands toward the beamed ceiling. "Come now, Mr.
Perrault. A hundred or more people saw you drag that child from its mother"s arms."
"These were the same Indians who came here and murdered my wife, Monsieur Legiste."
"That baby probably wasn"t even born when your wife was murdered, Mr.
Perrault."
_If I ever get free I"ll kill you, Perrault. By the White Bear spirit I swear it._