Page 122 of The Frozen River

“Five minutes, Martha. They haven’t come forward. I’ve even looked outside. They aren’t here. And Seth hasn’t seen them either.”

“But—”

Judge Robert Treat Paine does his best to call the room to order. He bangs his gavel again. Slowly the room settles. People take their seats.

“This is the last call for Rebecca Foster,” Paine says.

Seth makes his way to the front of the room.

“Are you Mr. Foster?”

He shakes his head. “No. My name is Seth Parker, the attorney representing the Fosters.”

“Are your clients here today?”

He clears his throat uncomfortably. “I do not know. But I am prepared to argue their cause regardless. And they also have a witness present who has traveled from Hallowell to testify on their behalf.” He points to me.

“It seems that you take these proceedings a great deal more seriously than your clients, Mr. Parker.”

“Please excuse Rebecca, Your Honor. She is eight months pregnant as a result of the assault—”

“Alleged assault.” The man standing beside North steps forward and introduces himself. He is tall and smug and wears a fine, dark coat. “Henry Knowland, esquire, attorney for the defense.” He approaches the table and hands Paine a small square calling card. “I traveled here from Boston with my client.”

“Well, at least Lidia didn’t lie about where he went,” I whisper to Ephraim.

Paine nods. “Thank you. As Mr. Parker was saying…”

He glares at Henry Knowland. “Regardless of how you define the assault, the fact remains that my client is eight months pregnant as a result. No doubt why she is not present today, Your Honor. Travel of any kind at this time would prove to be a burden. Yet this circumstance should not prevent this court from moving forward with the trial. I am prepared to argue on her behalf. I have brought depositions, and her witness has evidence as well.”

“Bring the depositions forward,” Paine says.

Seth hands both recorded testimonies to Judge Paine, then returns to his place at the front of the room. He reads both accounts aloud for the benefit of the courtroom. No one shifts or speaks until he’s done.

“Mistress Ballard?” Paine asks, and I stand. “Do you confirm that this was written by your hand and that all of the details are true?”

“Yes, Your Honor.”

“And have you brought this journal mentioned in your deposition?”

“I have.”

“Please bring it forward.”

I lay my book on the table in front of the judges and flip to the pages mentioned in my deposition.

“I would like the jury to note that everything is in accordance with her written account. Thank you, Mistress Ballard, you may be seated.”

Ephraim takes my hand, rubs the base of my thumb with his. The whisk-whisk of his calloused finger on my skin is comforting. Grounding.

“We will move on to the cause between the Commonwealth and Joseph North,” Judge Paine says. He reads the charges aloud for the benefit of the court. “It is stated that on the night of August tenth, Joseph North broke into the house of Isaac Foster and made an attempt to ravish his wife despite her many attempts to exert herself against him. She on oath affirmed this at two prior hearings in Kennebec County and has deposed the same. How do you plead, Colonel North?”

North looks distinguished this afternoon. Hair and beard have both been trimmed. His suit is new. Shoes polished. He comes to stand before the table with his attorney. “I plead not guilty, Your Honor.”

“Then what have you to say regarding these accusations?”

Henry Knowland takes over for his client. It is a wise move given how North tends to argue and interrupt when not in command of a courtroom himself. “Depositions notwithstanding, accusations not-withstanding, there are no witnesses who can attest that these things did in fact happen as claimed. No one saw my client coming or going at the Fosters’ that evening. No one saw any crimes perpetrated upon her person that evening. Her only witness is a midwife who tended to her nine days later, who herself is taking Mrs. Foster’s word about these events. Was she hurt in some fashion? No doubt! Is there any proof, whatsoever, that my client is responsible? None. We have only the word of a woman who did not even bother to show up today to testify on her own behalf. How seriously can she truly take this fabrication? Gentlemen,” he implores, turning to the jury and addressing them directly. “Come. Be reasonable. Will you ruin the life of a good man, a respected man, an upstanding member of a fine community, a man who has served this country honorably in not one, but two wars? A colonel! A judge! All on account of rumors and speculations? You are smarter than that. And you are far more honorable.”

Knowland returns to his place and Judge Paine motions for Seth to take the floor. “Mr. Parker, do you have any additional words for the court?”