We awoke today with less than 8 hours to stop a black man—Joheh Wiltstone, found innocent by a white jury—from being lynched. Yesterday, Shay telegramed her “father” to get us a train from Memphis to Grand junction. We had a plan. Sort of.
The 1880 version of Kent Marlon is a Pinkerton detective. Part of the plan. Sort of.
Honestly, we were going to Grand Junction and just make things up. But the train, an engine, a coach, and a caboose, is part of the plan.
Our little “special” pulled up to the station and the seven of us got off. We thought bringing Devon, a black man, to a lynching might not be a good idea. A three-car train was rather spectacular leaving the station workers and others scratching their heads.
It was far from typical of regular trains. Anyone who lived in a railroad junction town would know whoever was getting off that train was anything but ordinary. That was, in part, how the train was part of the plan. Instant eye-raising and attention.
According to the telegrams Will and Tom received, the verdict would be handed down at noon. We arrived at 11:00. There were five rough-looking men hanging out near the exit.
When a federal marshal opened the door and announced the “not guilty” verdict, they were clearly upset. Words were said that cannot be repeated.
“You’re a free man, Joheh,” the marshal said.
The marshal looked back inside the courtroom, then out at the men in the street. He shook his head, but he didn't do anything.
Joheh didn’t make it to the bottom of the stairs before he was assailed by the men. “We done got a gallows…”
Emma moved toward them and yelled. “You can’t do that. He ain’t guilty!”
“We say he is.”
Addison, Jacob, and I moved toward the gallows as the group pushed Merritt and Nick out of the way. We were able to get between them and they paused.
I yelled. “You stop now.”
By the way, this wasn’t planned. Remember… Making things up.
“I ain’t fond of slapping a woman down, but I’ll do it.”
Shay was at my side by then. “You better plan on slapping two, then.”
“Won’t be his first time,” one of the others said.
Kent pushed me and Shay to the side and faced the men, Colt 45 in hand. “No one slaps anyone.”
The man said, “Pinkerton ain’t got jurisdiction here.”
“Shut it, Hank. Them Pinkerton boys will kill you for spite.”
Merritt looked at the courthouse. “Marshal, you say this man is free?”
“He is.”
“Then the sheriff is bound by oath to protect him, right?”
“That’s so.”
Merritt moved beside Kent. He crossed his arms and shook his head.
“Marshal, send the sheriff out, right now.”
The marshal looked back inside the courtroom. Jacob and Addison took a place beside Kent. Shay, Emma, and I were behind them.
There were a lot of words about us not being from there and causing trouble. But the seven of us made enough of a crowd that people from the town started coming in on our side. The Colt 45 kept the angry men back, but they still held Joheh.
Finally the sheriff came between us. “Boy, you can put that gun away.”
“No sir,” Kent said. “Not until Joheh is free and safe.”
“You heard me, Boy.”
“You heard me, Sheriff.”
The sheriff spit. “We have a problem, then.”
“Yes, you do,” Merritt said. “Here’s the thing. This country is built on ‘innocent until proven guilty. Hank, can’t prove he didn’t kill that woman.”
“I didn’t!” Hank said.
“But you can’t prove it. You can only prove something happened. Innocent until proven guilty. See? Your jury did not find any evidence that Joheh did anything. He’s innocent."
"And I say you did it!" Merritt said. "You can't prove you didn't."
"You can't prove I did!"
"That… is the point. The court proved this man was somewhere else… Jackson, Tennessee, to be exact, according to the railroad timetables. You, my good man, were here, weren't you?"
"That'd don't prove I did it! All of us was here!"
Someone in the crowd yelled out. "Hank, shut it. Will you just just your gabber?"
"Now, here, in a nutshell is the problem.” Merritt pointed at the special we came in on. “See that train? Do you think just anyone can arrange a private train to bring them here? The man that owns it might not take kind to you threatening to slap his daughter. David Ryder can shake a few hands and turn Grand Junction into a ghost town.”
Remember… the train was part of the plan?
“You David Ryder’s little girl?”
“I am,” Shay replied. "How else do you suppose we got a private train to bring us here?"
"Well, I never!" exclaimed a woman from behind.
“So, sheriff it comes to this,” Kent said, “you can stand up for the great constitution of these United States, or you can watch Grand Junction become a ghost town.”
Jacob shook his head. “Constitution or ghost town? Tough call.”
By then, the US marshal was at the sheriff’s side. “You have to protect the innocent.”
“Constitution or ghost town, sheriff?” Merritt pointed again at the train we came in on.
The sheriff looked at the men. “Boys, let him go. Jury says he’s innocent. Hank, your pappy is on that jury. He might be 60, but he’ll still jerk a knot in your tail, now let him go.”
After a bit more discourse, Joheh was let go. Kent and Merritt hurried him to our train.
“I’d like to meet Hank’s pappy,” Shay said as we got aboard.
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