Chapter 18
Emily couldn’t believe that it had come to this. Today was Mitch’s preliminary hearing. The past two days had been a living hell for her. The police weren’t interested in another suspect, weren’t interested in listening to anyone’s theories about what might have happened the afternoon Rod Simmons was murdered. As far as they were concerned, they had their man.
Mitch had been transferred from the Fairhope jail to the Baldwin County jail in Bay Minette yesterday morning. At this point all they could hope for was that the judge would release Mitch on bail. Mr. Hightower had said the evidence against Mitch was so strong that there was no doubt he would have to stand trial.
For the first time since her marriage to Stuart, Emily hadn’t been able to turn to Fowler Jordan for help. When she had suggested that Charles might be Rod’s murderer, her uncle had gone into a rage.
“I can’t believe that you’re still defending Mitchell Hayden!” Fowler had said. “Despite everything he’s done-killing Stuart and your baby and now Rod Simmons—you still think you’re in love with him.”
She had wanted to confront Charles, but realized that she should heed Nikki’s warning to stay away from him. After all, he would hardly confess to murder. And if he really was unbalanced, who was to say what he might do?
“I’m going to take a shower,” Nikki called out from her bedroom. “Zed’s not due here to pick us up for another hour, is he?”
Emily checked the wall clock. “Fifty minutes. You’ve got plenty of time.”
The telephone rang. Emily jumped. She’d been a nervous wreck for the past two days. She picked up the receiver. “Hello, Nikki Griffin’s residence.”
“Emily, my dear, I must see you immediately. Your very life could depend upon it.”
“Uncle Fowler?”
“Yes, dear. Please, come to Mobile, to my house, as quickly as you can.”
“What’s wrong? What do you mean my life could depend on it?” Emily’s stomach flip-flopped.
“Are you alone, my dear? Is there someone else listening to our conversation?”
“Nikki’s taking a shower. I’m alone in her living room. We’re waiting for Zed to pick us up for Mitch’s preliminary hearing. What’s going on, Uncle Fowler? You’re scaring me.”
“You have every right to be scared, after what I’ve just learned.”
“What have you just learned?”
“I’ve discovered the truth, a horrible, ugly truth, about Charles.” Fowler’s voice quivered.
“What have you found out about Charles?”
“Charles has been behind everything. He confessed to me. He...he...oh, dear God, Emily, how could I have been so blind?”
“You have to call the police, Uncle Fowler. Now. Tell them what you know.”
“No, Emily, I—I’m not certain I can do that.” Fowler’s voice lowered to a mere whisper. “I need to see you...to talk to you...before I turn Charles over to the police. I want to do the right thing. But...Charles has been like a son to me. I need to talk to you, for you to help me do what I must. Please, Emily.”
“Are you at home now, Uncle Fowler?” Emily asked.
“Yes, I’m at home. Charles just left. He went on in to work as if...as if nothing had happened. He thinks I see things his way. That I approve of what he did.”
“Stay right there. I’ll call the police and have them meet me at your house.”
“No, please, Emily. Please, come and talk to me first, then...then I promise I’ll go with you to the police.”
“Uncle Fowler, I don’t understand why you want to wait, why you—”
“Please, come to me as quickly as you can. And please, don’t mention this to anyone. Not even Nikki. I simply can’t believe that Charles would... He actually killed Rod Simmons and framed Mitch Hayden.”
Emily debated her options. Poor Uncle Fowler was distraught. He wasn’t thinking clearly. It was up to her to stay sane and rational, but it was also up to her to keep her uncle calm and willing to turn his beloved protégé over to the police.
“I’ll leave right now and be at your house shortly,” she told him.
“You won’t call the police? You’ll come here and talk to me, and then we’ll go to the station together?”
“I won’t call the police. I’ll be there in a little while, and I’ll stand by you and help you get through this nightmare. I promise.”
“You’re such a dear girl. I do love you so, Emily.”
“Just sit tight until I get there, and if Charles returns before—”
“He won’t. Remember, he thinks I’m on his side. That I actually approve of what he did.” Fowler sighed deeply. “Please hurry.”
“I’m on my way.” Emily replaced the receiver, breathed in deeply, then released her breath slowly.
Her instincts told her to call the police, but if she did and they showed up on her uncle’s doorstep, he might panic. Once he saw that she was there to give him all the support he needed, he would do the right thing. Knowing how her uncle felt about Charles, and his obvious emotional dilemma over having to turn him in to the authorities, Emily didn’t want to do anything that might cause him any more grief.
But if she didn’t show up at Mitch’s hearing, he would worry and wonder what had happened to her. And if she just left without leaving any kind of message, Nikki would go ballistic.
Checking her watch, she realized court would convene soon. If she could persuade her uncle to go to the police immediately, Mitch would be a free man today.
She had to hurry. She scribbled a quick note for Nikki, telling her that she’d meet her and Zed at the Bay Minette courthouse, that she wanted to leave early so she could see Mitch before the hearing. Just a little white lie so Nikki wouldn’t worry too much.
But she needed to let someone know where she was going, so that if she was delayed, Mitch wouldn’t worry. She decided the best thing to do was leave a message with Zed Banning’s secretary.
Emily jerked up the .phone, hurriedly punched the numbers for Zed’s office and waited. “This is Emily Jordan. I need for you to get a message to Mr. Banning at the courthouse later this morning.”
“You can reach him on his cellular phone,” Sandra Whitten said. “You have that number, don’t you, Ms. Jordan?”
“No, I don’t want to call Zed and disturb him right now. Please, just make sure he receives my message when he arrives at the courthouse.”
“All right, Ms. Jordan. What message would you like for me to relay?”
“Please write this down and get every word,” Emily said. “Tell Zed that I am meeting my Uncle Fowler at his house, and that I’ll bring my uncle with me to Bay Minette. He has discovered that Charles Tolbert killed Rod Simmons.”
“Is that the complete message?” Sandra asked.
“Yes. Thank you.”
 
Fowler met Emily at the door and pulled her into an embrace, hugging her fiercely. “Thank God, you’re all right. Did you park in the garage, the way I asked?”
She slipped her arm around his thin waist and led him from the foyer into the front parlor. “Of course I’m all right. And yes, I parked my car in the garage, but I don’t understand why—”
“I’m heartsick, my dear, simply heartsick. To think that I trusted him, loved him like a son, wanted you to marry him.”
“Come on and sit down, Uncle Fowler. We need to decide how you want to handle this situation.”
He glared at her, his mouth trembling as he spoke. “You didn’t call the police, did you?”
“I promised you that I wouldn’t,” she told him. “And you promised me that you would—”
“Yes. Yes, I will. I will. I’ll do what I must do. But first, I need time to think, to try to make sense of what has happened, to understand why Charles would do such a thing.”
“Don’t torture yourself this way. It breaks my heart to see you so upset.”
Fowler allowed Emily to help him onto the sofa. When she sat down beside him, he clasped her hands. “You’re so very sweet. You know that all I’ve ever wanted for you was your happiness.”
“We have to contact the police and tell them that they’ve arrested the wrong man—an innocent man—for Rod Simmons’s murder.”
“You love Mitch Hayden very much, don’t you?”
“Yes, I do. I love him with all my heart.”
“I had so hoped... Well, it doesn’t matter now, does it? What I wanted isn’t possible any longer.” Fowler choked on his tears.
Emily draped her arm around his shoulders. “I know this whole ordeal must be terrible for you.”
“You have no idea. To have all my hopes and dreams destroyed. Just like that.” Fowler snapped his fingers. “I tried to make you happy. To give you everything. If only you had stayed here with me. You would have been safe. None of this would have happened.”
“I couldn’t stay here and continue being only half alive. And even if I’d stayed, I don’t think I would have ever agreed to marry Charles. I wanted and needed real love.”
“You wanted passion. The kind of passion a man like Mitch Hayden could give you.” Fowler folded in on himself like a dying hothouse flower deprived of proper nourishment. Clasping his stomach, he cried. His slender body shivered. “How could you have let that man touch you? He’s not worthy of you. He’s not fit—”
“Please, Uncle Fowler, now isn’t the time to discuss this. Charles is walking around a free man, and Mitch is in jail. Just tell me what you want me to do to help you. We can’t afford to waste any more time.”
“Yes, you’re right, of course. Talking about your relationship with Hayden is a waste of time.” Fowler glanced around the room, as if searching for something. “I misplaced my reading glasses. I had them on when I looked up Nikki’s number so I could call you. What could I have done with them?”
“Don’t worry about your reading glasses. We’ll find them later.” Emily placed her hands on her uncle’s narrow shoulders. “Come with me now. Please.”
“Go with you, my dear? Where?” Fowler gazed quizzically at her.
What was wrong with him? He was acting odd, as if...as if... No, please, dear Lord, no. Don’t let him have a nervous breakdown. He doesn’t deserve to suffer any more. And if he loses control and can’t reason properly, how will we convince the police that Charles really did confess to him?
“We’re going to the police station to tell them about Charles.” Emily stared directly at Fowler.
“Yes. We must go.”
Emily helped her uncle to his feet and led him out of the living room..Just as they entered the marble-floored foyer, Fowler halted abruptly.
“My reading glasses. We must find them before we leave. What if I have to sign papers at the police station? I can’t see to read without those glasses.” Jerking his head from side to side in an agitated manner, Fowler wrung his hands. “I can’t leave without my glasses!”
“We don’t have time to hunt for your glasses now, Uncle Fowler. If you have to sign anything at the police station, I’ll read it to you and show you exactly where to sign your name. Please, let’s stop wasting time.”
“Yes, of course, you’re right. We must hurry. We must get Mitch Hayden out of jail,” Fowler said, allowing Emily to lead him toward the front door.
Suddenly the door swung open and Charles breezed into the foyer, smiling when he saw Emily. Fowler pulled away from Emily, placing himself between her and the other man.
Charles’s sunny smile illuminated his face. “I came rushing over the minute you called, Fowler.” Charles took a tentative step forward. Fowler moved to block his advance. “I’m so pleased...no, I’m ecstatic that you’ve finally come to your senses, my darling.”
“What—what are you talking about?” Emily moved slowly backward, fear dictating her actions. What did Charles mean when he said that Uncle Fowler had called him? And what was he so damned happy about? She hadn’t changed her mind about anything.
“I’m talking about your decision to marry me,” Charles said, walking around Fowler and straight toward Emily. “When Fowler phoned and said you wanted me to meet you here, that you’d said you were through with Hayden, I could hardly believe my good fortune.”
Emily glanced from a deliriously happy Charles to her uncle, whose odd little smile gave her a sick feeling in the pit of her stomach.
Emily gasped. Charles jerked his head around and stared at the man pointing a rather large, sinister-looking gun at him.
 
Zed and Nikki rushed inside the courthouse, both of them breathless by the time they reached Judge Anderson’s courtroom. They had been delayed by a four-car accident on Highway 59. As Zed started to open the door, a uniformed policeman laid his hand on Zed’s shoulder.
“You’re Mr. Banning, aren’t you?” he asked.
“Yes, I’m Zed Banning. Why?”
“I’m Officer Turner. Mr. Hightower wanted me to keep an eye out for you and let you know that he and Mr. Hayden are in the district attorney’s office waiting for you.”
“What’s wrong?” Nikki asked. “Is the preliminary hearing already over?”
“Yes, ma’am.”
“What happened?” Zed asked.
“It seems a witness showed up at the police station early this morning with some information that blew some mighty big holes in the case against Mr. Hayden.”
“Where is the district attorney’s office?” Zed glanced around, not at all familiar with the Baldwin County courthouse.
“I’ll be glad to show you folks,” the officer said. “But you might want to phone your office first. Your secretary has called twice and said it was urgent that you contact her.”
“I don’t understand why she didn’t call me directly.”
“She wouldn’t leave a message, just said to tell you to phone her when you got here.”
“Fine. Show us to the district attorney’s office first,” Zed said. “I’ll call Sandra after I talk to Mitch.”
“I suppose Emily is with Mitch and his lawyer,” Nikki said, slipping her arm through Zed’s as they followed the policeman.
Before they reached the office, Zed saw Mitch and Gerald Hightower walking toward them. Mitch didn’t look like a man who’d just been set free. He looked worried.
“Well, I’ll see you folks,” the policeman said. “You won’t need me for an escort now.”
“Thanks,” Zed said absently, then focused his attention on Mitch. “What happened?”
“A woman who’d had a romantic afternoon meeting with her boyfriend in the apartment directly across from Rod Simmons’s came forward,” Hightower said. “She confessed that her conscience bothered her, and even though telling the truth about what she saw might cost her her marriage, she couldn’t let an innocent man be wrongfully accused.”
“What did she see?” Zed asked.
“She saw another man enter Rod Simmons’s apartment about thirty minutes before she saw Mitch arrive. Then a few minutes after Mitch showed up, she saw the other man leave,” Hightower said. “You want to know who we think the guy was? The witness gave us a pretty good description.”
Nikki gripped Zed’s hand.
“She said the guy was about five-nine, slender, a slight stoop to his shoulders. He had thinning gray hair and wore wire-frame glasses,” Hightower told them. “She guessed his age to be somewhere between fifty-five and sixty.”
“Fowler Jordan!” Nikki cried out.
“I’ve consulted with the Fairhope police, who are familiar with the harassment case and Ms. Jordan’s friends and family,” Hightower said. “They say the description definitely fits Fowler Jordan.”
“Oh, my God, Emily must be devastated,” Nikki said. “Where is she? Gone to wash her face? If I know her, she’s been crying—with joy over Mitch’s being released and sadness over her uncle.”
“What do you mean where’s Emily?” Mitch grabbed Nikki’s arm. “Isn’t she with you and Zed?”
“No, she...she came by herself. She left me a note saying she wanted to see you before the hearing.” Nikki trembled uncontrollably. “Oh, no!”
“Goddammit! I don’t like this,” Mitch said. “Something’s happened. I can feel it in my gut!” Clenching his fist, he punched his stomach. “When she didn’t show up, I got an uneasy feeling. But when you two didn’t show up, either, I figured she was with you and something had delayed y’all.”
“Mr. Banning?” Officer Turner called out from a nearby office. “Your secretary is on the line. I told her you were here.”
“I’ll be right back.” Zed gripped Mitch’s shoulder, pressing firmly. “Emily is all right. We’ll find her. Just stay calm.”
 
Mitch met Zed just as he walked out of the office. “I can’t wait any longer,” Mitch said. “I’ve got to find Emily before... before—”
“She’s gone to Fowler Jordan’s house,” Zed said.
“Dammit, why did she go to Jordan’s house?” Mitch grabbed Zed’s arm. “How do you know she’s with Fowler Jordan?”
“Emily left a message with my secretary,” Zed explained. “Emily said to tell you that if she didn’t get here in time for the hearing, it was because she’d gone to Jordan’s house and that she would be bringing her uncle here to Bay Minette so he could tell the police Charles Tolbert had confessed to him that he’d killed Rod Simmons.”
“Oh, God! Why the hell didn’t she just call the police?” Mitch slammed his fist into the wall.
Zed laid his hand on Mitch’s back. “Don’t go to pieces like this. Don’t assume the worst.”
Zed glanced over at Nikki, who stared back at him with big, round eyes.
“Mr. Banning?” Officer Turner stood a few feet away. “I called and checked the way you asked me to, and there’s no Emily Jordan or Fowler Jordan at any police station in South Alabama.”
“He’s got Emily.” Mitch gripped the lapels of Zed’s jacket. “If he hurts her—”
“We’ll go straight to Mobile.” Zed said. “I’ll hire a helicopter.”
“Is there a problem?” Officer Turner asked.
“Yeah.” Zed calmly covered Mitch’s hands and loosened his grip on his suit, then he grabbed Mitch by the arm as he turned to the policeman. “Call the Mobile police and have them send some men out to Fowler Jordan’s house. I don’t know the address, but that shouldn’t be difficult to find out. We have reason to believe that he may be holding his niece against her will.”