Wilson Harp - EMP

I turned to see several men furious there didn’t seem to be any seats left. Some people were urging the doors be shut, but as warm as it was already in the room, I didn’t think that was a good idea.

A series of loud bangs quieted the room and shifted everyone’s focus on the mayor. He stood with his gavel in his hand and waited a few seconds for the crowd to settle down.

“This court is now in order. I will hear of no outburst from anyone tonight. Anyone who disturbs this proceeding will be escorted from the building with no warning.”

Murmurs started through the crowd and Mayor Mueller again banged the gavel three times.

“We the council and the jury must be able to hear the case. If it becomes impossible to hear, then we will clear the library of all observers. So please, I beg you, just watch and remain silent.”

The mayor stood and watched until he was satisfied the low buzz of quiet conversations would not increase in volume.

“Today we are here to determine the fate of Kenneth Jackson in the case of the death of Brent Talley. The prosecution will make its case to the council and jury, then the defense. The prosecution will then be able to make its final plea, and then the defense. After we have heard everything, the council and the jury will meet to make a final decision as to what the verdict is and, if guilty, what the punishment shall be. Let us begin.”

From the side door, Kenny, Buck and McDaniels walked into the court and took their seats behind the tables prepared for them. The murmurs started and the mayor banged his gavel and stood up.

Once it had quieted, Mayor Mueller motioned for the deputy to begin speaking.

McDaniels was wearing one of his clean uniforms for a change, and it looked like he had washed and combed his hair for this event.

“Well Mayor Mueller, I didn’t have much time to prepare my case, seeing as how Jackson there wanted a speedy trial. But as luck would have it, I don’t have much of a case to prepare. We have a confession from Jackson. He gave it willingly and repeatedly. He killed Brent Talley in cold blood, and was found sitting under the dead body early this morning.

“And I might want to remind all of you that he has a long history of criminal activity. He was an admitted thief, he sold and used drugs, he attacked people, he engaged the services of prostitutes and he has served time in jail for the assault of a police officer. Now that the rules of civilization have crumbled, who knows what a man like that is capable of? If we don’t end him here, and I want to be perfectly clear that I am talking for his execution, then we will have a lawless killer locked up taking up our precious and hard earned resources.

“There is no use in talking about his guilt, but I do want the council and the jury to think hard about what we should do about those who don’t follow what we all understand to be the law. To kill another man, for whatever reason, makes you a murderer. And a murderer cannot be allowed to walk free. And yet, in our current circumstances, we can’t afford to keep someone locked up. He should be taken out and killed tonight.”

McDaniels gave an awkward small bow toward the table with the council and returned to his seat. He wore a smile that conveyed the idea of smug satisfaction and leaned back in his chair as the mayor gaveled the courtroom back into order.

“He didn’t score a single hit,” Anne said. “He would have had a better chance if he had just kept his mouth shut.”

I agreed, but didn’t want to add to the general noise, so I nodded and smiled at her.

When I looked back at the court, Buck had already stood and had moved to the center of the space between the council and the jury. Instead of facing either collection of men and women, however, he turned and faced the audience at the trial.

“Ladies and gentlemen of the council and jury, let there be no mistake, Kenneth Jackson killed Brent Talley and left his body to be found by the whole town. Those facts are not in dispute. However, what we must consider is the type of man Kenny is and why he did what he undeniably did.

“Deputy McDaniels is right about Kenny’s past. In fact, I heard about his past in the same place Deputy McDaniels did. Right from the pulpit of the Freewill Baptist Church on the night Kenny was baptized. He told his whole story that night. Confessed his sins against God and man and asked for forgiveness. God forgave him of his past that night, and so did I.

“But his past isn’t really what is at issue here. What is at issue is Quod est necessarium est licitum , which means what is necessary is lawful. I know the council is familiar with this term as I used it to justify myself and the other men on the Carter’s Creek Bridge yesterday. We fired on those who would seek to destroy and dominate us from the outside. Those men would rule us with fear and sow seeds of mistrust and suspicion. That, more than anything, would destroy us and make us slaves to the most powerful man. We would seek him out for protection, hoping that being in his good grace, he would not turn his gaze upon our possessions and our lives.

“And that type of villain is exactly what Brent Talley was. I’m not glad to see him dead, but he was determined to walk down a path of evil. He would take whatever he wanted, without regard for personal privacy or need. He was caught with medicine, tools, jewelry and food. He was sowing the seeds of mistrust and suspicion. He was the barbarian, not at our gates, but living within our midst.

“Kenny saw this danger. Saw it as clearly as you see the danger that no wells, or no latrines, or no food pose to us. He knew it had to be dealt with. He knew if he had waited, others who did not recognize this danger for what it was, would seek to turn their face from the duty that was necessary for our survival.

“Kenny did not run. He did not hide. He was open about what he did and why he did it. He does not seek mercy, he only seeks justice. We are safer with Brent Talley dead and Kenny among us. We are safer with a protector having killed a predator.”

Buck turned back to the council, his voice still booming so all in the library could hear him.

“But is that all that is on trial here? Kenny’s protection of the town? No. This trial is also about the responsibility we all have to help Kenton survive the current crisis. Kenny has worked the fields. He has helped people create the hand mills we will need when we harvest the wheat and corn. He has dug graves, he has dug wells, and he has put his hand to work where ever it was needed. And late last night, his hand was needed to protect this town from criminals.

“Our only representative of the law enforcement community has shown no interest in protecting us. He has had criminal behavior reported to him and has chosen to ignore the issue. He has spent most of his time five miles from this spot, smoking weed, sleeping with women, and being drunk. He is the arm of the law? No. Kenny is the arm of the law. He saw a need and put his hand to work. He did what needed to be done and I ask the council and the jury to do likewise. If you don’t think he should be here, then by all means, send him away. But don’t for a minute think any of you will be safer with him gone.”

Buck looked out at the audience, shot a withering look at McDaniels, and sat down next to Kenny behind the defendant’s table.

The deputy didn’t even wait for the mayor to tell him it was his turn. He jumped to his feet and started talking before he had even worked his way from behind his table.

“It don’t matter what others may or may not have done, what we are talking about is what Jackson done. He is the one that is on trial here. Not Brent Talley, not me, not anyone else. The facts are he is a dangerous man who has said he will do it again. Now the question we have to ask is do we want a dangerous nigger running about even after he killed someone?”