Page 80 of The Frozen River

“Is it true that you can read and write?”

He nods.

“We will require a written deposition in your own hand—preferably by the end of the day—stating your version of events as they relate to the altercation with Joshua Burgess. Are you willing to provide that?”

Again, the nod.

The judges huddle together at their table, heads bent, voices low, and fingers tapping their notes. After several moments, Hubbard straightens and says, “Mistress Ballard?”

I take a step closer to the table.

“You are hereby recused as witness in any capacity with regards to the investigation of the murder of Joshua Burgess. Please take your seat.” Once I have situated myself on the bench beside Ephraim, Hubbard continues. “However, the court has determined that further investigation is needed. No official cause of death will be declared at this time. But we will address the accusation that has been made against Mr. Isaac Foster, husband of the defendant.” He looks at his docket. “A Sally Pierce has previously stated before this court that she heard Mrs. Foster confess that her husband murdered Joshua Burgess. We will hear from her first.”

I hadn’t realized that Sally was present. She comes forward as asked, her father at her side, looking everywhere but at me. Sally still wears her riding cloak and has it pulled tight across her chest. It’s as though she’s consoling herself with its weight and warmth.

“Miss Pierce?”

“Yes.”

Even though Sally looks at Hubbard, her eyes are unfocused.

“Please tell us what you heard Mrs. Foster say.”

Sally clears her throat, but her voice shakes regardless. “She was in the middle of a conversation with Mistress Ballard who had come to tell her that Joshua Burgess was dead. And I heard her say, ‘Isaac did kill him.’ Plain as day she said it. And I never meant to get anyone in trouble, but I must tell the truth. That is what my father says.” She looks at her feet then, and I can barely hear her next words. “He says I have to.”

“Mistress Ballard?”

I stand again.

“Were you there that day? And is that what you heard?”

“I was there. And I did give Rebecca the news. I thought it should come from a friend. But because Sally was listening at the door, to a conversation that was none of her concern, she only heard half of what Rebecca told me.”

“And what was the other half?”

“She said, ‘I hope that Isaac did kill him.’ And can you blame her?” I look to Ephraim, offer the ghost of a smile. “I would hope no less of my own husband in that situation.”

“Miss Pierce?”

Her hands begin to shake. “Sir?”

“Is it possible that you heard only part of what Mrs. Foster said?”

William Pierce sets his hand on Sally’s shoulders and, like he did the first time they came to court, I see his thumb and forefinger pinch the muscle between neck and shoulder.

“I have told the court exactly what I heard.” A wince. “Sir.”

Sally can feel the weight of my gaze, and her eyes shift to the side when I speak again. “Though I’m certain Miss Pierce is a paragon of virtue, and that she would never purposefully deceive anyone, I remain firm in my certainty that she misheard the conversation.”

I reach over and grab Rebecca’s trembling hand, give it a reassuring squeeze.

The judges confer quietly for a moment, then Hubbard says, “We will move on to the next matter.”

Isaac Foster jumps to his feet. Takes a big step toward the table where the judges are sitting. “Are you not going to ask my wife what she said? Or let me speak in my own defense?”

Obadiah Wood clears his throat. “The record already states that you denied the accusation. We did not feel it needed to be clarified as you were… ah… so adamant in Vassalboro.”

Isaac’s rage slackens, but only slightly. “Then I expect you will also give my wife the same chance to defend herself.”