Murder on the Brazos

By George Barclay Jr.

Right now, this book is only available through iUniverse.com.

Joshua Hale is murdered and dumped in Brazos River. Forensic revealed gunshot wound of heart and coronary occlusion as cause of death. Jerry, his youngest son who is in love with Joshua's beautiful young wife, is arrested for murder. Sleuths Sandra and Tisha take the case and find themselves deeply involved in a family feud over land and mineral rights. The case goes to trial mid of a terrific hurricane flooding entire Brazoria County. The story has a stormy climax, and justice takes a surprising turn allowing Sandra to clear her client.

• Language: English
• Publisher: iUniverse
• Release date: May 8, 2000
• ISBN: 9781469706221

George Barclay Jr.

Dr. Barclay is a retired cardiologist, who lives with wife Chloeteele on a farm near Woodville, Texas. Prior to thirty years of medical practice, he worked as oilfield roustabout, chemical engineer, and active duty soldier.

Book preview

1 

Friday, April 3,1992

It was near midnight when a pickup truck turned off Texas 35 at East Columbia and headed toward the Brazos River. The driver dimmed his lights and slowed to a stop at Bell’s Landing. The driver of a sedan, following, parked at a crossroad, turned out his lights, and walked up to where the two let down the tailgate and picked up the body of Joshua Hale. They walked to the edge of the swollen river, and tossed Joshua in. Hesitating, they watched him float momentarily and disappear in the swirling current of the rushing waters. Returning to the truck, they wiped everything clean, left the tailgate down, and drove off in the sedan. The driver switched on his lights as he turned east and drove toward Bailey’s Prairie.

2 

Houston, Texas April 24,1992

Sandra sat with her back to her desk and looked at the traffic on South Main. The weather was marvelous, and cars were leaving Houston by the droves. They’re going fishing she bet, glancing at the sky. The bass were finishing their spawn and the perch were starting. She glanced at her calendar as a voice came over the intercom.

Phone call, Miss Lerner. A lawyer Jackson from Angleton. Shall I put him through?

Sandra thought for a minute. Some rancher had been pulled out of the Brazos with a bullet hole in his chest, and they had arrested his son and charged him with murder. It had been on TV and in both papers. She couldn’t remember the name, and didn’t catch the details.

Put him through, Betty. She paused until she heard the connection and her light flashed. This is Sandra Lerner.

Hello, Miss Lerner. I’m Freeman Jackson in Angleton. I would like to talk with you about taking a case.

When is the trial, Mr. Jackson?

It’s tentatively set for May 26.

That’s Tuesday after Memorial Day. You’re going to spoil my fishing trip, Mr. Jackson. I was planning on spending the holiday at Lake Conroe.

You can fish down here, Miss Lerner. The Brazos is going down, or better, you can catch a charter out into the Gulf.

I may just do that, Mr. Jackson. Tell me about the case. I haven’t quite given up on Conroe yet.

It’s a murder! My client, Mr. Jerry Hale, thirty-eight year old white male, is out on a two hundred thousand dollar bond, and has been charged with first degree murder of his father, Joshua Hale, on April third, replied Mr. Johnson.

I think I read about it. Gunshot wound of the chest, and they found his body caught on a trout line two miles below Columbia in West Brazoria County, added Sandra.

Not quite, but close, Miss Lerner. The pathologist swears that death was due to a heart attack, and he was shot with a small caliber weapon at close range minutes after his blood had stopped circulating. They’re not sure how or why he had his heart attack. They did not drop the charges against my client. In fact, the authorities think my client deliberately caused the heart attack, and then just to make sure he was dead put the gun up to his heart and pulled the trigger before dumping him in the river.

Did they get the gun?

Surely did, Miss Lerner. Dug it up where they alleged my client buried it after the shooting.

Ballistics check out?

Yes! It was a 0.25 caliber Raven. No registration, and an informant said they saw Jerry burying it about three hours after the murder.

Who was the informant?

Don’t know. It was a woman. Came over the county TIPPS line. They don’t have to identify themselves. There were two calls. The morning after Joshua’s truck was found deserted on the bank of the Brazos a man called in and reported seeing Jerry leaving the scene of the crime about midnight in his pickup, replied Mr. Jackson.

Anonymous?

Both!

Sounds just too convenient to me. We surely need to know who made those calls, or at least find out where they were made, replied Sandra.

The sheriff’s department is working on it. Their tape recorder was broken, and they didn’t get a recording of the voices.

I think I’ll take the case, Mr. Jackson. You may enter me as co-counsel of record. What kind of financial shape are we in? Can our client afford a private detective?

They’re all rich, Miss Lerner. The accused and the deceased are descendants of one of the original Austin three hundred and they go all the way back. Big ranch with cattle and oil!

That’s interesting! What was our client’s motive? Why was he fighting with his father?

A woman! Diana Hale was with Jerry that night, and Joshua was mad as hell. Diana was old Joshua’s second wife, and Jerry’s stepmother. Earlier, on the evening of the murder, Jerry and Diana had driven over to the Gabrito Lounge. Joshua received a call informing him that Jerry and Diana were having a love affair. Witnesses say that those weren’t his exact words, but close, when he walked into the Gabrito around nine after Diana and Jerry had left. He was described as ‘agitated and extremely upset’ when he left the Gabrito looking for them. Nobody reported seeing Joshua again until he was fished out of the river with a bullet hole in his chest.

Oh! Does our client have an alibi?

Just Diana.

What did he say?

He left Diana off at the ranch at nine the night of the murder, and hadn’t seen or heard from her again when the deputies picked him up four days later.

He denied everything?

Everything! So did Diana. She backs up Jerry’s story, but unfortunately there’s nobody to back up theirs.

Nobody saw them together?

They left the Gabrito nightclub at 8 P.M. together, and no one saw them together the rest of the night.

We’re going to have to defend that story?

It looks like it, Miss Lerner. They both say it’s the truth.

What else did Diana say?

She called in at 10 P.M. on the evening Joshua disappeared and reported him missing to the sheriff.

And?

They traced the call from her sister’s house in Lake Jackson twenty miles away from the ranch.

And?

She refused to make any further statements. Just clammed up. The sheriff thought she was trying to cover for Jerry.

Look, Mr. Jackson, there’s obviously much more to this case. Let’s stay in touch. May I come down to Angleton and see you—say Saturday, May 9, around 9 A.M., your office. In the meantime, I’ll try to get a detective on it.

That would be fine, Miss Lerner. You might as well know. I’m colored!

Huh! What do you mean colored?

I mean I am white as you are, but I descended from African and Mexican ancestry, as well as Caucasian. People are always uneasy around me. I have a black wife and four rainbow colored kids that luckily feel at ease in any group.

You have hang-ups?

A little. My ancestors worked for the Hales before the war.

Which war?

Civil War, Miss Lerner. There’s only been one important war in old Brazoria County.

They trust you with their legal business?

Yes!

Then they hold you in high regard, Mr. Jackson, and so do I. I look forward to meeting you. We’ll get along just fine.

Thank you, Miss Lerner.

When Mr. Jackson was off the line, Sandra immediately dialed Tisha LaFemme in Beaumont.

3 

Tisha LaFemme, Private Detective Agency.

Tisha, you don’t have an answering machine?

Hello, Miss Lerner! I was hoping you’d call. I’m still running a boot-strap operation. I can’t afford no machine. You got something, I hope?

Brazoria County, Tisha. Murder! Before I tell you, how’s fishing?

Fantastic, Miss Lerner! I’ve been going up the bayous that feed the Neches, and the fish are biting like crazy. I catch one on about every cast using a little half ounce spinner bait I bought at Wal-Mart.

What color?

Just white, Miss Lerner. It’s always a little muddy up those bayous, and they see it better.

You eat those fish, Tisha? What about the pollution?

I grew up in Vidor, Miss Lerner. I just fillet ‘em and fry ‘em in cornmeal and grease. You bet I eat ‘em! What you got?

I want you to start right away. Our client, Jerry Hale, was charged with first degree murder of his father, Joshua Hale, over his stepmother on April third. He’s out on bond, and the trial is May twenty-sixth.

Where, Miss Lerner?

The trial will be at Angleton, but the murder occurred near Bell’s Landing close to West Columbia. It’s on the bank of the Brazos. The Hales have a ranch out on the old farm-to-market road between Bailey’s Prairie and Brazoria. You’ll have to find it, Tisha. I don’t know the details.

Are they rich, Miss Lerner?

You bet! Why?

Well, I’m still living on food stamps and my Conroe money.

Business is slow?

I can’t afford to work Pro Bono, Miss Lerner. There’s plenty of crime in Beaumont. In fact, the white trash and the blacks are killing each other off at an alarming rate, but can’t any of them afford a private lawyer—much less a private detective.

What about the public defenders?

Plea bargain, Miss Lerner. They ain’t about to spend a nickel on detection.

Tisha, we don’t have a lot of time. Go down there and learn as much as you can without harassing the law and the defendant. Try not to arouse suspicion. While you’re driving around Brazoria County look for a nice resort hotel where we can stay the week of the trial. By-the-way, look at your calendar, and see if you can meet me at Bell’s Landing at 8 A.M. on May 9. I have an appointment at 9 A.M. in Angleton that day after which you and I can drive around, and plan our strategy. I’ve never been to Brazoria County.

You want to spend the night?

Might as well, Tisha. Get us a reservation at the fanciest hotel you can find near the Gulf. Bring your bathing suit.

Miss Lerner, you got a lot to learn. I went to a rodeo once at Angleton, and there ain’t nothing to see in Brazoria County but two lane hard top, barbed wire fences, and Chinese tallow trees—Maybe a few cows and an occasional oil well for miles and miles.

Try Freeport, Tisha. It’s on the Gulf.

I’ll be there, Miss Lerner. Any outside suspects?

It looks like a family job. I’ll want a run down on all the near kin and close friends. They’re from an old family.

Miss Lerner, everybody in Brazoria County is probably talking about that murder. I’ll probably get too much information.

Just use your judgement, Tisha. A little rumor may go a long way.

4 

May 9,1992 6:30 A.M.

Sandra drove off Loop 610, and headed south on Texas 288 toward Angleton thirty miles away. After leaving the suburbs of Houston, she discovered Tisha was right about the hard top, barbed wire, and tallow trees. It was too foggy to see any distance. She drove into Angleton, and saw one cafe open. She made a left on Mulberry and drove by the new courthouse. It was impressive—four floors, and shared a large parking lot with the First Baptist Church and the Brazoria County Historical Museum. The sheriff’s office was in the building, and there were spaces in the parking lot reserved for county employees. She saw Mr. Jackson’s law office in a freshly painted white framed house one block from the courthouse.

Sandra walked into the cafe. It was typical Texas: waitress in shorts, a cook behind the grill, and western music coming from a jukebox. There were stools at the counter, occupied by cowhand types, and tables in an adjoining room filled with early rising couples and rural families. They all wore jeans and boots, and the men ate with their hats on. She ordered ham and eggs, buttered toast, and grits while the waitress poured black coffee into a plain white mug.

Pardon me, ma’am, spoke Sandra. Can you tell me how to get to East Columbia?

The waitress looked at her momentarily and smiled. Just go back to the intersection and turn right at the light. Drive due west on thirty-five for twelve miles and you can’t miss it. It’s the first road to your left after you cross over Varner Creek.

* * * *

Sandra drove up to Bell’s Landing. The fog was lifting and she could see better. A historical marker, it was twenty feet from the bank of the Brazos River. She walked to the bank, and looked at the swollen river as it rushed toward the Gulf some twenty miles away. Its color was reddish-brown, and must have been at least twenty feet deep where she was standing. A body tossed into that river would have disappeared and been swept away in seconds. It’s a wonder he hadn’t been washed out into the Gulf and never been found. It was a fortunate accident he had snagged on a trout line. Fortunate for her client, since the autopsy revealed heart attack was the cause of death. If he had made it to the Gulf, the crabs would have gotten him, and definitive diagnosis would have been impossible.

Mr. Jackson, in a subsequent call had mentioned that the woman who called on the TIPPS line had seen Jerry with a lantern digging by a large oak tree behind an abandoned overseer’s house on the old ranch place at two the following morning. Deputies checked and found a 0.25 caliber Raven buried at the spot reported, and ballistics matched the weapon with the bullet taken from Joshua. The bullet had been removed from the right chamber of the heart, and there was no blood in the pericardium, no water in the lungs, and no evidence of bleeding. They estimated coronary occlusion had occurred approximately one hour prior to the chest wound made by the bullet.

As Sandra stood admiring the mighty Brazos, Tisha drove up in her ancient Toyota. She was dressed in T-shirt, hip huggers, and new western boots bought just for the occasion. Sandra was wearing denim and boots too.

Tisha, have you found out anything? asked Sandra, as they grinned at each other. It had been four months since their last case together at Conroe.

Well, Miss Lerner, I drove all over the south part of this county looking for us a place to stay. I got us a reservation at the Gulfview in Clute. It’s just a few miles from Freeport. There ain’t no good hotels in any of these other cow towns. Angleton’s just got the Homefolk Motel, and it’s not fancy. You have to get out and go look for a place to eat. The courthouse is modern, though, and the sheriff’s got a crime laboratory and plenty of help, replied Tisha.

What did you learn about our case, Tisha? What about potential witnesses—better, did you find any new suspects?

Rumor and gossip, Miss Lerner.

Okay, let’s hear it, replied Sandra. Tisha delighted in hearsay, and Sandra knew she was eager to tell all.

"Now old Joshua, the deceased, has a sister down in Clute that’s married to a holy roller preacher, named Bonford. It’s rumored that Reverend Bonford is sweet on Susan, Diana’s sister, who plays the piano in his church and lives in Lake Jackson.

Susan, that’s Diana’s sister, is separated from her husband who is a dentist. They don’t have any children. Dr. Hardwick, that’s the dentist, lives in a fancy beach house at Surfside with his male companion, a pharmacist named Bernis Hale, who just happens to be the older brother of our client, Jerry Hale. Dr. Hardwick and Bernis claimed they were together the night of the murder."

Goodness! Tisha, go ahead.

Old Joshua, the deceased, has got an ex-wife that runs Hale’s Cafe in West Columbia. You know the kind where they pour you coffee in a mug, serve you in plain white dishes, and you can order grits with sausage and eggs that’s right off the grill. Well, she’s the mother of all Joshua’s kids.

Did you eat there?

I sure did. It beats McDonald’s. When I was there, Barbara Hale, that’s her name, introduced me to her son-in-law, Lony Frugia, who is a local policeman and is married to our client’s only sister, Lisa Hale Frugia. They were home together the night of the murder.

Any more near kin?

Yes! Two more sons. One’s Joshua Hale Jr., who’s got his own ranch south of Brazoria, and is married to a Mexican wife that don’t hardly speak any English. They were home together the night of the murder. His other son is a doctor in New Orleans, and hasn’t been home in four years. A widower, they say.

Did you check out Diana’s sister, Susan?

Sure did, Miss Lerner. She has a nosey neighbor who lives across the street—keeps up with everything and loves to gossip.

What’d she say?

"The evening of the murder, Diana drove up to the house at six in her big Cadillac and stayed ten minutes. The Reverend Bonford drove up at nine and left at eleven. The next morning

Diana drove up at six and stayed about fifteen minutes. She’s sure about the time. There’s one other thing I think you ought to know," said Tisha, smiling broadly.

Okay, Tisha, hit me with it.

Susan Hardwick and Diana Hale are identical twins.

Sandra thought for a long time. She looked puzzled. You think they might have switched?

Nobody can tell, Miss Lerner. They look just alike. The neighbor couldn’t.

Tisha, I have an appointment with Mr. Jackson at nine. I’ll drive down and join you later at the Gulfview. Wait for me in the lobby, and I’ll put it on my MasterCard.

What do you want to do, Miss Lerner. It’s Saturday. If we nose around, we’ll be spotted for sure. I can show you around Lake Jackson, and Freeport—they’re big, and we might go swimming in the Gulfview pool. It’s up on top, and you can see the Gulf.

I think that’s an excellent idea. Tonight, let’s go nightclub-bin’ at the Gabrito, and tomorrow we’ll go to church.

Reverend Bonford’s Victory Temple.

Right.

5 

Sandra immediately liked Freeman Jackson, her co-counsel. He was forty-five, polished, well mannered, and immaculately dressed. He greeted her with a polite smile and handshake and ushered her into his office. He looked at her attentively and waited.

Mr. Jackson, please tell me about the will.

Very simple, Miss Lerner. Mr. Hale left the ranch house and one hundred acres, the barn, and all the grazing stock to his wife, Diana.

How big is the ranch?

One thousand acres at the new ranch site, and five thousand acres of prime bottom and timberland at the old ranch.

Goodness! Was that fair—to Diana, I mean?

They signed a prenuptial agreement. Diana thought so.

Who gets the rest?

Surface and timber rights go to Joshua Jr. and Mrs. Lisa Hale Frugia. Jerry, our client, was willed the mineral rights on all six thousand acres.

How much are the mineral rights worth? That’s a lot of acres!

Not much now, Miss Lerner. At twenty dollar oil, they’ve just about shut down. They have about six pumping wells each averaging about ten barrels a day on the old place. However, we have new hope in sight, even at the current price.

Six wells would give Jerry a pretty steady income. What’s the ‘new hope’?

Slant hole drilling! One of the independents wants to spud in on the old ranch place, drill under the Brazos, and hit the West Columbia reservoir with horizontal drilling. It’s a relatively new technique. They claim you can get five times more production from a horizontal well than the old vertical wells.

What about the other two sons, the pharmacist and the doctor, and Joshua’s sister—what about her? They were not included in the will, replied Mr. Jackson.n.

Are they contesting?

Not yet, but it’s suspect.

Mr. Jackson, let’s subpoena copies of the telephone records of Diana’s ranch and Susan Hardwick’s home—say a week before and a week after the murder? Also try to find out who called and told Joshua that Diana and Jerry were at the Gabrito.

I’ll try, Sandra. It’s been over a month. Maybe the phone company destroyed them, but I’ll try. Freeman was beginning to smile.

Good! said Sandra. Did county check out the witnesses at the Gabrito?

"There were two who talked with Joshua when he stormed in looking for Jerry and Diana. Both are Jerry’s friends—Huel

Thompson, coach at Velasco, and Lester Rawls, foreman with Brazoria Power and Light."

Any reason to suspect either?

No!

Did anyone see Jerry bring Diana back to the ranch?

Yes and no. Joshua always kept Mexicans working on the place, but they mysteriously disappeared when the sheriff’s deputy showed up.

Illegals?

Probably! Can’t any of them speak English.

Where does Jerry live?

In a mobile home back in the woods on the old place.

Any witness to his whereabouts?

Just Diana and the two TIPPS callers, and they were anonymous.

Were the calls traced?

The woman called from a public phone in West Columbia, and the man from a public phone in Velasco.

Sandra smiled. Near the school?

"Down town in front of the Dairy Queen and at high noon. It was Saturday on the day the truck was found. The coach was in

Alvin with the track team." Mr. Jackson smiled.

How about the woman? Where did she call from?

Ten on the evening the body was found—a Monday. She called from a public phone across the street from Hale’s Cafe.

Is the sheriff investigating any suspect other than our client?

No! They’ve a pretty solid case, Miss Lerner.

Sandra rose to go. By the way, I’ve hired a private investigator. She’s Tisha LaFemme. I hope you approve.

No problem! Our client can afford it. Anything else?

Do we have a definite trial date?

Tuesday after Memorial Day. That’s May twenty-sixth.

Perfect! We’ll need to interview all our witnesses and plan our defense. Please make sure they’re all home when we go see them. I’ll check into the Gulfview at Clute at 4 P.M. on May 22, and give you a call. We’ll start out bright and early Saturday morning. Unless there’s a hurricane or something it should give us plenty of time.

Who, Miss Lerner?

All the near kin, the two witnesses at the Gabrito, the Mexicans at the ranch, the two TIPPS callers, the clerk that took the calls, the ex-wife, and anybody else that might come under suspicion between now and then.

That’s going to take a lot of time, Sandra. Those people don’t live close together.

It’s all the time I have, Freeman. What about the accused?

He’s working on a drilling rig on the old ranch. He’ll be available.

What about the brother in New Orleans?

I’ll try to call him. He might come home. What do you think about all this? Do we have a chance?

I think Jerry was framed, and somebody’s after his mineral rights. The real killer may know something about what’s under that surface none of the rest of the family knows. Maybe he hired a geologist or has access to a major oil company’s seismic records. There may be more than just slant hole drilling. That ranch may be sitting on a new find. You have to follow the money trail.

What about the will? The mineral rights are Jerry’s.

Wills can be contested—especially, if Jerry is convicted. I haven’t even met Diana and Jerry, and there may or may not have been hanky panky or even adultery, but we’d better not overlook the greed motive. Somebody was greedy enough to want that old man out of the way before his time and had the motive, means, and opportunity. Our client had the opportunity, maybe the means, but I seriously doubt he had the motive. I just won’t buy that.

Any ideas, Sandra?

Yes! I always have ideas. Our job is to get our client acquitted. Right?

Right! But who else should we suspect? The sheriff is not even looking.

We’ve got a lot of investigation and potential witnesses to question.

Who else, Sandra?

Well for starters, how many self-respecting ranchers do you know who would own a Raven pistol?

None!

Who would have access to a Saturday Night Special that is untraceable.

Cops, I guess. They confiscate them.

Sandra rose and started for her car. Freeman followed.

Freeman, which member of that family could have been approached about leasing drilling rights?

The old man, I guess. Certainly, none since his death.

Has any company ever drilled on the new ranch?

No! The old man saved that for grazing cattle. He wouldn’t even let a seismograph crew shoot on it.

Which one of his children did he confide in—if any?

Why, Joshua Jr. and Lisa. They were the oldest.

Then why did he leave the mineral rights to Jerry?

I made out the will, Sandra. Jerry didn’t like ranching, but loved to work around drilling rigs, so the old man willed him the mineral rights to tie him to the land. He gave the surface and timber rights to Joshua Jr. and Lisa for the same reason. To keep them here, and tied to the land.

Why did he leave out Bernis and what’s his name—the doctor?

Austin Hale—Dr. Austin Hale left home to pursue medicine as a career, and didn’t come back. The old man was selfish, so he followed through on his threat. You can will to whomever, Sandra. Parents frequently try to control their children with their will.

What about Bernis?

When Bernis graduated from pharmacy school, he announced he was gay and left for Madrid to study painting with a male lover. The old man disinherited him. Freeman was upset. Sandra was irritated. Her face flushed.

Freeman, do you really want me to take this case?

Yes, Sandra, the sheriff has a real good case against Jerry. They’ve stopped looking.

Then you are going to have to level with me. To win, we may have to rattle a few skeletons in some closets. Have you got the guts for it—being colored, friend, and lifelong servant of the family for generations back to the days of slavery?

I hope so, Sandra. That’s why I called you.

Then don’t hold back vital information. All we have to do is establish reasonable doubt to get him acquitted. It’s the sheriff’s job to get the real killer. What are you doing next Saturday?

Just my family.

Well, I was planning on fishing at Lake Conroe, but I’m coming back down here. I want you to set up an informal deposition at 9 A.M. with Diana at her ranch, and one with Jerry at his place at 1 EM. I don’t want either to know we’re questioning the other, so they can’t get together on their stories. Just you and I will interview them in private and no legal secretary; understand?

Yes, Sandra.

What did your parents call you?

Cliff—my middle name is Heathcliff. My mother read Wuthering Heights. Freeman looked embarrassed. Sandra giggled.

Sandra started for her car. "Well, Cliff, it’s the jury we’ve got to convince. Get a copy of all the District Attorney’s findings including the autopsy report and fax them to me Monday. We’ve got lots of work to do. If we’re not dealing with a little cow town passion killing, then we’re going to end up ass high in