"Did she surprise ya Pa?" Johnny asked.
"She sure did," Festus replied hugging the ten year old. "Now, I want ya ta go straight home, alright?"
"Sure," Johnny said nodding. "I'll come back tomorrow after school ta see ya."
"Alright," Festus said as the boy went out the door.
"Festus," Matt said looking at him and Newly. "Do you think the boy could testify to that?"
"I don't think he's ever had ta do anything like that before Matthew," Festus said worriedly.
"Well I'm sure he knows the difference between the truth and a lie," Newly said evenly.
"Wal ya," Festus replied with a slight grin.
"Then he should be able to get on the stand and tell Judge Brooker what happened," Matt said clinching his jaw. "It may be the only way to prove that you didn't take her out of town, she's the one who took you out of town."
"I know what yer saying Matthew," Festus said. "But I don't know if I want ta expose him ta a situation like a trial."
"Festus," Matt said grimly. "This could be a matter of life or death for you. I don't see where you have much of a choice, if we don't put the boy on the stand, you could be found guilty!"
"The judge is ready," Matt said stepping into the jail the next morning.
Festus nodded as Abelia straightened the collar of his shirt. "Now don't be nervous," Festus said with a wiry grin while meeting Abelia's eyes. "This just a preliminary hearing, wal after today, we may not even have a trial."
Abeila nodded as Festus stepped toward the door. "Matthew," he said with a nod. "Abelia and me, we talked about Johnny and its alright with us if in we have ta put him on the stand."
Matt nodded. "Well, alright," he said quietly. "Let's go."
Festus went out first with Matt following. Since it was only a preliminary hearing, the Marshal didn't put shackles on the hillman which elicited an angry look from Jake Guthrie and the prosecutor but Matt ignored them as he pushed Festus into a chair at the table designated for the defense.
"Matt," Judge Brooker said once everyone was seated. "Mr. O'Brien informed me you have a witness to dispute the accusation that Deputy Haggen brought Ms. Guthrie out of town by force."
"That's right Judge," Matt said looking at Abelia. "Jonathan Johnson was stopped by Sarah Guthrie, she asked him questions pertaining to Festus routine."
"I object to using the boy as a witness your honor," the prosecutor said rising. "The boy's mother happens to be married to the Deputy, are we really to believe that what he's going to say is the truth or is he just telling lies to save his step-father."
The Judge took a moment to consider the facts before he spoke. "I'll take that into consideration but I still want to hear what the boy has to say," Brooker stated looking at Matt. "Bring the boy in."
Matt nodded as he stepped outside of the Judge's office.
"Johnny," Matt said looking at the boy seated next to Doc and Marianne. "The Judge is ready to talk to you now."
Johnny took a deep breath as Doc nodded reassuringly. "Alright Marshal," Johnny said standing, he followed Matt into the Judge's office.
"And how about you, young lady," Doc said once he was alone with Marianne. "What would you like for supper tonight?"
"Beef stew," she said hungrily. "Ma makes the most larpin stew."
"You sound like your Pa," Doc said swiping at his mustache. "Just what I don't need, four more of him."
"Four more Doctor Adams," Marianne said confused.
"I'm just talking to myself dear," Doc said grinning. "Don't pay no attention to me."
"Johnny," Marianne shrieked when she saw her older brother step out of the Judge's office with Matt.
"You two go on home now," Matt said with a smile. "And as soon as we finish up here, your Ma will be right along."
"Alright Marshal," Johnny said taking Marianne's hand.
Matt turned around to step back into the Judge's chambers with Doc following as Jake Guthrie stepped out.
"Where you going Guthrie?" Matt asked as the man pushed past him.
"I need a break Marshal," the man said rushing toward the door as Doc shrugged his shoulders and entered the Judge's office.
"C'mon Marianne," Johnny said as the seven year old stopped to pick up a pebble.
"Hey kid!" Jake said grabbing Johnny by the collar, he pulled him into the alley just beyond the Long Branch.
"You better go back in there and tell that Judge you lied!"
"No, I won't!" Johnny said insolently. "I didn't lie mister. It's really what happened!"
"You leave my brother alone," Marianne yelled kicking the man in the leg.
"I don't have time for you, you little brat," Jake said pushing Marianne away.
Johnny watched as his little sister fell backwards, her head hitting the hard ground and then she didn't move.
"Marianne!" Jonathan yelled pulling away from Guthrie.
Jake Guthrie looked around, not seeing anyone, he took off toward the hotel as Johnny shook his sister.
"Sis," Johnny said quietly. "Wake up, please!"
After Johnny got no response, he stood up and ran into the Long Branch. "Mr. Sam," he said breathlessly. "My sister, she's hurt!"
"Where?" Sam asked coming around to the front of the bar.
"In the alley," Johnny said pointing.
"You go get your Ma and Doc Johnny," Sam said heading for the doors. "And I'll stay with your sister."
"Yes, sir," Johnny said running toward the building that housed the Judges Office.
Festus listened intently to what the prosecutor was saying, every now and again he would shake his head as the man talked about the events the night Sarah killed herself.
"I sure don't know where that feller got his information from," Festus whispered to Newly who he had chosen as his lawyer.
Newly nodded as the man continued his argument in front of Judge Brooker.
All heads turned to the door as Johnny rushed in and flew to where Abelia sat.
"Ma!," he said pulling at Abelia's arm. "You have to come quick!"
"What's wrong Johnny," Abelia said looking at Festus. "Where's your sister?"
"That man stopped me in front of the Long Branch, he pushed Marianne down," Johnny said. "And she won't wake up!"