Lost & Found

Chapter 14

Disclaimer: They don't belong to me...which is awfully sad.

When Judge Brookings received Matt's message he quickly sent a reply telling him that he would be in Dodge by the end of the week but no sooner due to trial. Then he sent another message to Mrs. Emma Martin, she had a right to be at this new hearing about the Fischer boys. He didn't know what all was going on but it upset him a little that they were reopening this issue; however he knew that Matt Dillon wouldn't be doing so unless he had a very good reason.

Emma knew where the boys had gone as soon as she discovered that they missing. Not that she cared but she would certainly miss the extra income that they had brought into her for their care. It was hard for her to believe that her sister had raised such vile little boys; they were ill mannered and didn't listen at all, especially the older one, Eli. He must have taken back more after his father than Rachel thought and his good manners when she first met them in Dodge must have just been a put on. When she heard a knock on her door she was surprised to see that it was a messenger from the telegraph office. "Yes."

"Are you Mrs. Emma Martin?" the boy asked.

"Yes."

"Message for you ma'am." he said, laying the envelope in her hand. Then he stood and waited as he had been instructed to by his boss in case the lady wanted to send a reply.

Emma took the envelope and quickly read the brief message from Judge Brookings. She was being called to another hearing concerning those boys. Well she certainly didn't feel like going back to Dodge City. Obviously she hadn't been good enough for them so, no she would not return to Dodge. If that Marshal and the tramp that was with him wanted the two little heathens than they could have them. She wouldn't put up a fuss, but she was going to go to the hearing, if for no other reason than to protect her own good name. Putting the envelope down on the hall table she looked at the boy who was still waiting. "You may go."

"Yes ma'am." the messenger boy said. Then he waited just a pause more, hoping for a tip.

"Well, get out of here." Emma snarled at the boy.

The boy not wanting to upset the woman further tipped his hat and moved down the walk. Obviously she wasn't a tipper.

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Matt was in his office working on paperwork when Chester came in with the mail. "Here's the mail Mister Dillon and you had a message too."

"Oh. Thank you Chester." Matt said. He took the mail and the telegram from Chester and opened the telegram first. Reading it quickly he said to Chester. "I'll be back a little later Chester. I have to go and talk to Kitty."

"Ok Mister Dillon." Chester said.

Matt quickly crossed the street and went into the Long Branch where he knew that Kitty was working for the morning. Eli and Ethan had gone to a neighbor's to play for that time so when Matt arrived he found Kitty alone. Walking into the office he quietly shut the door and then walked up behind her. "Hello beautiful."

"Oh Matt!" Kitty said, jumping a little. "You startled me. Did you get a telegram from Judge Brookings?"

"Yup. It just came; he'll be here the end of the week."

"Wonderful." Kitty said. "I'm just ready for this to all be over." She said, laying her head on Matt's shoulder.

"I know." Matt said. He kissed her head and then said, "Then we can get on with more important things."

"Like what?"

"You are saying yes." Matt said playfully. He had been asking for the past month and Kitty had kept putting him off, using one excuse or another. He knew that she had been testing him, making sure that he wasn't just asking her to marry him because of the boys but he had made up his mind, he wanted her to marry him. Now all he had to do was get her accept his proposal.

"What makes you so sure that I will? Huh cowboy?" Kitty asked, running a hand down his arm.

"Well, I love you and you love me so that makes me pretty sure." Matt said giving Kitty a smile before kissing her on the end of her nose.

"We'll see cowboy. We'll see." Kitty said. She didn't know why she was so reluctant to say yes to Matt. She wanted to, she really wanted too, but something just kept holding her back. At first she thought that it was her uncertainty over whether or not he was asking her to marry him because he really wanted her or because he wanted to make sure that Eli and Ethan had a father but she was certain now that it was because he had finally decided that he really wanted to marry her because of her. So what was holding her back she had yet to discover?

"Well I suppose I better go back to the office and get some work done." Matt said reluctance in his voice. If Kitty gave him an excuse to he would stay.

"Ok. I'll see you later Matt." Kitty said, giving him a smile. As much as she wanted him to stay, she had work to get done.

Matt left and decided to wander the streets a little bit. He didn't feel like sitting over at the jail with Chester and Doc was out of town so wandering the streets of Dodge seemed like a good option at the time. Again he found himself in front of Jonas's window, looking at the wedding rings displayed there. Still mulling over why Kitty wouldn't accept his proposal he again thought about buying her a ring, hoping that maybe that would be the thing to get her to say yes, that and a little persuasion from him and the boys. He was just about to move on when Wilbur Jonas the owner of the store stepped out on to the boardwalk. "Can I help you with something Marshal? Maybe show you something?" the store owner hinted.

"Uh…no. No, thank you Mr. Jonas." Matt said, turning on his heel and walking away. If he was going to buy anything he most likely wouldn't be doing it in Dodge. That would just set everyone in town off and the tongues would wag more than they already were. He walked back towards his office and decided it was time to get some work done.

Jonas watched the young marshal walk away from him. He just didn't understand young folks. That young man had been by here more than once looking at wedding rings but every time he saw anyone catching him looking he took off like his tail was on fire. Jonas shook his head again, he would never understand youngsters.

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The end of the week came quickly and again Kitty dressed the boys in their best, combed their hair down slick to their heads and worried. She wasn't sure why but she was afraid that it would happen again, that Eli and Ethan would be taken away from her again for some reason or another. She didn't trust that Emma Martin, either, the woman gave her the willies.

Matt was waiting downstairs when Eli came trooping down. "Good morning Eli." He greeted him.

The boy tugged at the tie that Miss Kitty had insisted that he wear. "Morning Marshal." He greeted in return. He looked at Matt's tie and asked, "Marshal, why do girls always want a fella to get so dressed up?"

Matt chuckled while he tried to come up with an answer. "I don't know Eli but I'll tell ya something, us fella's do it because it makes them happy when we look our best."

Eli looked at him hard. "We WANT to make girls happy?"

Matt laughed again. "Yeah son, if their happy, we're happy."

Eli again gave him an odd look before he shrugged and became more serious. "What's gonna happen today Marshal?"

Matt looked at him and thought for a minute about how to answer. "I hope that after today you'll be Miss Kitty's son and there'll be no further funny business out of two little boys."

"Good." Eli said. He was going to say more but Miss Kitty and Ethan came down the steps so he stayed quiet.

"Morning Matt." Kitty said. "Is everyone ready to go?"

Matt looked at Eli, then Ethan, then himself and finally Kitty. "Appears so."

"And Doc is planning on being at this hearing this morning?" Kitty asked.

Matt could hear the fear in her voice so he laid a gentle hand on her arm. "Yes, he said he'll be there. Even if he wasn't I think those boys backs would be proof enough of what they've had to endure the past month. Now just stop worrying."

Kitty smiled at Matt. "Your right Matt."

Matt helped everyone get loaded into Kitty's buggy and they headed to the Dodge House. When they arrived, Doc was just getting ready to step into the front door. He stopped and watched as Matt got down and helped Kitty out before lifting Ethan down as well. The changes he had seen in his young friends the past month had amazed him. Looking at the four of them again he greeted them, "Good morning Matt, Kitty, boys."

"Morning Doc." Matt said, leading Kitty up the front steps of the hotel.

"Morning Doc." Kitty greeted, relived to see Doc.

"Morning Doc." Eli said, trying to sound important.

"Hi!" Ethan cried from where he was standing next to Kitty. Hi was one of the words he had recently began to say on his own, which relieved some of Kitty's fears that he may never speak on his own even though Matt kept telling her that everyone just needed to let the boy get a word in edge wise once in a while.

When they arrived at the room that Judge Brookings had reserved for a hearing Kitty almost screamed out of sheer agony when she saw Emma Martin there as well. All of her fear and anger again bubbled to the surface and she felt Matt's hand on her arm give it a light squeeze. "It's going to be okay, honey."

Kitty looked at him, "I hope your right."

When Ethan saw Emma he began to cry and clung to Matt's leg while calling "mama" over and over again. Kitty finally picked him up and held him close; murmuring to him that it was going to be alright, that she wasn't going to let anything happen to him.

Eli had a different reaction though. He pushed out his chest a little and walked right in front of Matt. He wasn't going to let that old woman see that he was scared of her. Besides he didn't have any reason to be afraid of her, he had the Marshal and Miss Kitty with him.

Emma shot the group a cold look before turning forward again. Honestly, if those two young people wanted those two little heathens they could have them. Little good that they did her anyway, the state didn't pay very much too dear old aunts who took in their dead sister's children. She had received the check not much before the boys had taken off and it had only come to a whole twenty dollars for the two of them.

Judge Brookings looked around the room and saw that everyone was there so he proceeded. "This hearing was called today to look into the best interest of Eli and Ethan Fischer. It seems that the two have run away from their Aunt only to return to Dodge and Miss Kitty. Now, Marshal, you have brought Doctor Adams here as a witness can you please tell me why?"

Clearing his throat, Matt stood and looked at the Judge. "I brought Doctor Adam's here with us today your honor to testify to the signs of abuse that these boys returned with. I want it to be clear in the records that these boys didn't run away just because; they ran because Eli feared for his life and that of his younger brothers."

"Very well Marshal." Judge Brookings said. Then looking at Doc, "Doctor Adams, will you please testify to what you've seen."

"Yes sir." Doc said, standing. "When Eli and Ethan returned on the train, Matt and Kitty brought them to see me. What I saw astounded me, both children were on the verge of malnourishment and they were both also covered with bruises. Eli also appeared to have been whipped down his back, buttocks and legs."

"Is that all doctor?" Judge Brookings asked.

"Yes your Honor."

"If there is no objection I would like to talk to Eli and Ethan alone." Judge Brookings said, looking at both Matt and Kitty. They both indicated that they had no objection so the Judge continued. "Eli and Ethan will you please join me in the other room?"

Kitty put Ethan down and smiled at both of the boys. "Answer all the Judge's questions, alright."

Eli took his brother's hand. "Yes Miss Kitty." They went up front and then followed the Judge into another room. Standing in front of the Judge, Eli was a little scared, it was a little harder to be brave when you didn't have a United States Marshal standing right behind you.

Judge Brookings looked down at the boys. "Alright boys. First off, I want to look at those bruises that the Doctor told me about. I want you to both lift your shirts and show them to me."

Eli lifted Ethan's shirt first before he untucked his own and turned so that his back was to the Judge. He heard the Judge's gasp and knew that looking at the mass of bruises and puckered half healed flesh had had an effect on the man.

"Ok. Thank you." Judge Brookings said. He waited until Eli had his shirt tucked back in to his pants and turned back towards him before he asked his next question, "Now, son, I want you to answer me very honestly, where would you and your brother like to live, with your aunt or with the Marshal and Miss Kitty?"

Eli didn't even have to think about his reply. "With the Marshal and Miss Kitty."

Hearing the name Miss Kitty, Eli cried out, "Mama!"

Judge Brookings nodded, "Alright boys. Let's go out and let everyone else know what we've decided."

The trio went back out and the Judge again turned into the stone hard man of the bench that he was known to be. Looking at the people in his court room he said, "I have made a decision regarding the care and well being of Eli and Ethan Fischer. That decision is to put them in the custody of Miss Kitty Russell. Mrs. Martin, you have lost your right to see these two children. Miss Russell do you intend to place charges of abuse on Mrs. Martin?"

Kitty looked at Matt and then she quietly shook her head no. "No Judge, at this time, I'm just happy to have the boys back with me."

"Very well. Mrs. Martin, you are free to go but let me warn you, I do not and I mean I DO NOT want to see you around these children ever again. Is that understood?"

Emma looked at her nephews. "Yes your honor." Before muttering under her breath, "Good luck hussy."

Judge Brookings didn't hear the last part so he continued on. "Very well, I then call this hearing adjourned. Miss Russell, if you have any desire to change the boys last name to your own, all you have to do is file the papers. They can be found at Marshal Dillon's office."

Kitty tried to keep the grin on her face from getting to big as she replied, "Thank you your honor."

A few minutes later out on the street, she allowed the grin to turn into a full blown smile, as did Matt, Ethan, Eli and Doc. She, Matt and Doc spent a few minutes talking and then Doc said his good byes and Matt lead them all back to the buggy. Silently he drove them across town to Kitty's house and then helped everyone down. He wanted to talk to Kitty but what he had to say didn't need to be said in front of children. So he waited until Kitty had sent both of the boys upstairs before he said, "Kitty?"

"Matt?"

"Are you going to answer my question now?" He asked.

Kitty felt her pulse accelerate and again she was unsure of just what to say, so she asked a question instead, "What question would that be Matt?"

Matt grabbed her hand and pulled her around so that she had to look at him, straight in the eye. "Will you marry me Kitty?"