Southern Roots

The Dust Outside Mercer Store · Chapter 5 of 6

Chapter 5

By My Life Story Editorial · Published · Updated

By October, Copper Falls no longer resembled the town Marlo had known.

Not physically.

The same red roads cut between the same wooden buildings.

Mercer’s General Store had been rebuilt only partially, its burned upper floor covered by canvas.

The church bell still rang on Sundays.

Cattle still passed through Main Street.

But the silence was gone.

People talked.

And what they talked about was Marlo Ashford.

Some called her brave.

Some called her dangerous.

Some claimed she had brought disgrace upon respectable families.

Others replied that respectable families did not steal land or beat widows.

The town had divided itself down a fault line that had always existed but never been visible.

Gideon Mercer, Colt Dawson, and Sheriff Tucker faced criminal charges.

Horace Mercer agreed to testify regarding land fraud in exchange for consideration in sentencing.

McGraw, the rancher who had benefited most from the scheme, had fled Texas.

Federal authorities were searching for him.

Jesse Ror had become the prosecution’s most important witness.

And Marlo’s land had been placed under court protection pending final restoration of title.

The trial began on October 14.

People arrived before sunrise.

Judge Ward moved proceedings into the church because the courthouse room was too small.

Marlo sat near the front.

Silas sat behind her.

Not beside.

Behind.

She had asked him to.

“This is mine,” she told him.

He understood.

When Gideon entered in shackles, he looked thinner.

Meaner.

His eyes found Marlo immediately.

She did not look away.

The prosecutor began with the theft accusation.

Horace testified that no money had been missing.

Samuel Pike testified that Marlo paid for her food.

Tom Miller described the first strike.

Mrs. Henderson described the kicks.

Finch described the injuries.

Then Jesse took the stand.

He looked toward Marlo before speaking.

“I helped beat her.”

A murmur moved through the church.

Jesse continued.

“Nobody made me do it. Gideon started it, Colt joined, and I joined too.”

The defense lawyer attempted to destroy his credibility.

“You expect this court to trust a confessed attacker?”

“No.”

Jesse’s answer surprised everyone.

“I expect the court to trust everyone else who saw the same thing.”

The lawyer changed tactics.

“You were promised leniency.”

“Yes.”

“So your testimony benefits you.”

“Yes.”

Jesse looked directly at the jury.

“Doesn’t make Mrs. Ashford’s blood disappear.”

The courtroom became silent.

Then Marlo was called.

She walked to the stand.

Her shoulder had healed.

The bruises were gone.

But she could still feel phantom pain when she remembered that afternoon.

The prosecutor asked about Gideon’s advances.

Marlo described the alley behind the saloon.

The whiskey on his breath.

His hand gripping her wrist.

The slap.

Gideon’s humiliation.

Then she described the beating.

She did not dramatize it.

She did not need to.

Simple truth sounded worse.

“When did you believe you might die?” the prosecutor asked.

Marlo looked down.

“When everyone walked away.”

The church became completely still.

“Not while they were kicking you?”

“No.”

Marlo’s eyes moved across the crowd.

“I thought someone would stop them.”

Several people lowered their heads.

“When the street emptied and I couldn’t stand, that was when I believed I was going to die.”

Gideon’s lawyer rose for cross-examination.

He was an expensive attorney from Austin named Charles Wynn.

“Mrs. Ashford, you admit striking my client two weeks before this incident.”

“I slapped him.”

“Because he kissed you?”

“Because he tried to force himself on me.”

“Did he?”

“He put his hands on me after I told him no.”

Wynn paced.

“You were known to have financial difficulties.”

“Yes.”

“You lived in poverty.”

“Yes.”

“You had recently lost property.”

“I had property stolen from me.”

The prosecutor smiled faintly.

Wynn did not.

“Before that became known, you believed yourself destitute.”

“Yes.”

“Wouldn’t forty dollars have been attractive to someone in your position?”

Marlo stared at him.

“So would forty thousand.”

A few people laughed.

Judge Ward struck his gavel.

Marlo continued.

“Wanting money is not the same as stealing it.”

Wynn changed direction.

“Mr. Silas Boone has remained close to you since the incident.”

“Yes.”

“What is your relationship?”

Marlo glanced toward Silas.

His face revealed nothing.

“He is my friend.”

“Only your friend?”

The implication was obvious.

Wynn hoped to stain her credibility by suggesting impropriety.

Marlo surprised him again.

“What answer would make the beating acceptable?”

Wynn paused.

“What?”

“If I loved Mr. Boone, would that mean Gideon had the right to kick me?”

“No.”

“If I hated Mr. Boone?”

“No.”

“If I had loved ten men?”

The courtroom stirred.

“Mrs. Ashford—”

“Would any answer to your question change what Gideon did?”

Wynn’s face reddened.

Judge Ward intervened.

“Counselor, move on.”

By sunset, the evidence was overwhelming.

But Gideon’s lawyer offered one final defense.

Passion.

Humiliation.

Poor judgment.

A young man provoked by public insult.

The prosecutor answered simply.

“A woman saying no is not provocation.”

Marlo closed her eyes.

The jury deliberated three hours.

Guilty.

Gideon Mercer was convicted of aggravated assault and conspiracy connected to falsified accusations and evidence destruction.

Colt was also convicted.

Jesse received a reduced sentence in consideration of his testimony, though not complete freedom.

Sheriff Tucker lost his badge and faced separate corruption charges.

Land fraud proceedings continued.

Outside the church, people gathered around Marlo.

She hated it.

The attention.

The praise.

The sudden kindness from people who had ignored her before.

She slipped away behind the building.

Silas found her sitting near an oak.

“You won.”

Marlo shook her head.

“Nobody won.”

Silas sat beside her.

After a moment, she leaned her head against his shoulder.

“They’re calling me brave.”

“You are.”

“I was terrified.”

“Those things aren’t opposites.”

She smiled faintly.

Then her expression became serious.

“What happens now?”

“With the land?”

“With you.”

Silas looked toward the fading sky.

He had known the question was coming.

“My work here is finished.”

Pain moved through Marlo so quickly she almost hated herself for it.

“You’re leaving.”

“I don’t know.”

“That sounds like leaving.”

Silas rubbed his jaw.

“I’ve spent years moving.”

“Why?”

“Because staying means caring what happens.”

“That frightens you?”

“Yes.”

The admission was so quiet she nearly missed it.

Silas Boone had faced armed men without blinking.

Yet staying frightened him.

“Rebecca?”

“Partly.”

Marlo waited.

“I got used to believing anyone I loved would eventually become someone I failed.”

She took his hand.

“You didn’t fail me.”

“You almost died in that fire.”

“And you nearly got shot.”

“Exactly.”

Marlo laughed softly.

“You’re hopeless.”

“I’ve been told.”

She turned toward him.

“Silas.”

“Yeah?”

“I don’t need someone who can guarantee nothing bad happens.”

Her voice softened.

“I need someone who stays when it does.”

Silas stared at her.

For one suspended moment, neither moved.

Then he touched her cheek.

Slowly.

Giving her every opportunity to move away.

Marlo did not.

Their first kiss was not dramatic.

No thunder.

No cheering crowd.

No sweeping declaration.

It was gentle.

Careful.

The kind of kiss shared by two people who had both learned how easily life could take something away.

When they separated, Silas rested his forehead against hers.

“I don’t know how to do this.”

“Stay tomorrow.”

He smiled.

“That’s all?”

“Tomorrow first.”

“And after?”

“We’ll see.”

So Silas stayed tomorrow.

Then the next day.

Then the next.

✦
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