Chapter Seventy-One
Judge Mason Arthur looked around his conference room. He had his clerk place six chairs in twos in a semicircle. He placed the counsels at a table together along with gallery seats for three to five more interested parties. He surveyed the room with concern.
When Jarrod asked him to act as an unofficial mediator in a family dispute, he agreed. He picked up the visitation/custody file from the courthouse and began to read it. Then Jarrod forwarded a certified Pinkerton report then—-documents were submitted by the Springer firm from a Peterson clerk—-next a courier brought a folio from Branch Davis, Autonberry's attorney, and then a detailed letter from David Autonberry II and an impassioned plea from Lila Autonberry. He thought to himself, "I have NEVER seen such a convoluted mess."
Jarrod and Nate arrived first and spoke at length to the judge. They brought with them numerous legal precedents that might apply to certain aspects of the trial. The judge had drafted a standard mediation agreement that he would require of all the parties at the end of the hearings. He assumed that everyone had a significant interest in keeping the proceedings private and out of the newspapers. Branch Davis and Lila Autonberry were unreadable to him in their documents. He assumed Nick and Maris would want the bigamy claim settled out as well as David Autonberry.
"Would Branch and Lila allow them to divorce by his decree when it meant the estate would be thrown into an uproar? It was simple desertion and I could settle it out simply and without fanfare."
Would Nick and Jarrod push for the disbarment of Branch Davis for the missing documents and the bribery of the Headmaster? Would Timothy incriminate his former boss Peterson and employer Autonberry or would he stick to his charges against Branch Davis alone?"
"Was Lila Autonberry a victim or an accessory? Was she legally married?"
"And the two boys, James and James David? Who would hold their millions safely in their care?"
Branch and Lila arrived next. Maris and Nick waited in their carriage until they went inside. David and Ximena rounded up the stairs at the appointed time. The room was tense and the couples avoided eye contact.
Timothy was the last to enter the room. He had a brand new black suit and made a confident look at Branch. He sneered back at the clerk. David gave him a nod of confidence.
Heath, Eugene, and Audra took the back-row seats behind Maris and Nick.
"Let us begin." Judge Arthur announced, "As we agreed beforehand, these proceedings fall under civil mediation law. All testimony will be recorded and sealed for fifty years in the courthouse vault unless a criminal charge results from the estate probate or any other matter that comes out of testimony. You have all been asked to sign a non-disclosure agreement for this hearing to begin. Does my clerk have all of the documents?"
Everyone nodded in agreement.
"First, I have signed documents from Branch Davis, Esquire that is the will of the estate to drop the lawsuit against Maris Autonberry for visitation."
Maris gave an audible sigh of relief. Nick nodded at the judge in appreciation and avoided a smirk of Branch.
"That was my idea," he boasted. Lila rolled her eyes. Timothy frowned and jotted down a note in his notebook.
David fumed from his seat and Ximena patted his arm.
"The second matter at hand, the legality of the marriages at hand."
Jarrod stood up and walked to the podium, "We believe that the marriage between David and Maris Autonberry is null and void on the grounds of desertion ten years ago. She even attended his funeral in an elaborate ruse. Mrs. Barkley married my brother in good faith. We ask for a decree from the judge dissolving the marriage and validating the second marriage."
"I have precedent in front of me, thank you." the Judge said without much aplomb.
" Autonberry? I would like to hear from you."
"I ask that the court nullify my marriage to Maris. I hope someday she will forgive the misery I brought into her life. I am very sorry for my actions and I hope you have a long happy life with Mr. Barkley."
Timothy gave David the same look of confidence in his words.
Maris looked down at the floor unwilling to make eye contact. Nick scowled.
The judge nodded, "What say the estate of JD Autonberry?"
"We concur. We have no problem with the dissolution. Mrs. Maris Autonberry," with emphasis, " signed away all of her portions of the estate in the custody trial so we have no interest in her marital status."
Nick blurted out, "Because you and the old man forced her. Held her son over her head."
The judge raised his eyebrow over his spectacles at Nick, "Noted."
"I concur with Mr Barkley's observation," Timothy added.
"With the first two items on the mediation settled, the visitation rights and the dissolution of the marriage, I shall go to the financial and guardianship of the minors, James David Autonberry III and the infant James David Autonberry II. The financials are second to the welfare of these children,"
The judge couldn't help but shake his head at the bizarre nature of the naming of his children and grandchildren.
David's face flushed again at his name being used again for his baby brother.
"Am I the only one that thinks that is nefarious?" he blurted out.
Lila began to tear up and Branch comforted her. She pulled away from him and dabbed her eyes with her handkerchief.
Branch interjected, "I do! But since you took off for ten years, I guess you lost your right to keep your name."
Ximena's eyes narrowed and she gave him a vicious look.
David glared back, "I do not want this man having anything to do with my son."
"Your son?" Maris whispered breathily.
The whole room turned their heads at her first words in the foray.
"Maris, he IS my son and I claim him so that HE doesn't get his grubby hands on him. I will let you have custody."
"How generous of you, a malingerer," Nick growled.
The judge cleared his throat.
"As the longest serving employee of JD Autonberry and his attorney Peterson, I do NOT believe he wanted Branch to have control of the trusts. He was still in the beginning stages of their legal arrangement. The papers naming him to be executor were not signed before JD died." Timothy spoke up.
"He had me draft them. It was a formality." Branche retorted.
"I doubt that-then produce them!" Timothy retorted.
The judge narrowed his eyes at the exchange.
All the parties noticed and he continued.
"Mrs Barkley, can you state your case for custody?"
Jarrod looked over at Maris and nodded.
She swallowed, "I have raised him ALONE since he was born. He is close to becoming sixteen and he has never given me a moment's trouble. Academics, leadership, hunting, training dogs, archery—he excels at all. And I have been at his side the whole time."
The judge smiled at her politely, "I have reviewed his academic record and a letter he wrote wishing to stay with you and Mr Nick Barkley. He wrote that after his grandfather's death."
"I object, his grandfather provided an environment that provided all of his needs and a secure future. A boy needs a man to ensure his future. I am willing to step into that place," Branch touted.
Maris spoke up louder, "He has Nick and all the Barkley men in his life. He will be fine."
"I am sure they will guard the Autonberry coffers well." Branch smarted off.
All the brothers took affront to the comment but Nick got there first. All eyes in the room were glued to the confrontation.
"Want to say that to my face?"
"I think I did," assuming he was safe in a courtroom.
Nick powerfully punched him and he landed on his backside with a tooth rolling on the floor. The judge shrugged his shoulders and nodded for Nick to sit back down.
Branch looked stunned, "Your honor, you are all witnesses to my assault."
Nick pulled his vest down calmly and walked back to Maris as if nothing happened.
"I will take all this under advisement." The judge finally broke the silence.
Nick looked over at Maris; she looked flush and he thought she was going to faint,"
"Your honor, can we have a recess?"
"Good idea, Mr Barkley. It is getting warm here."
The judge walked out first and Branch quickly walked out trying to talk to him.
"You saw him hit me? He's crazy. I swear it."
"I also heard your words. Words have consequences, especially in the West."
Nate and Jarrod shook their heads at his comeuppance.
Heath chuckled first, "Well Nick still wallops a punch at fifty."
Lila passed them all too with her head down.
Heath, Audra, and Eugene walked over to the lawyers.
"What an asinine man" Audra blurted out.
"Yes he is, "Timothy added.
Jarrod introduced his family to the clerk who had been so much help.
David and Ximena stayed across the room deep in conversation.
Nick poured Maris some water, "Are you OK?"
"As well as I can be. I just can't believe David is alive."
Nick shook his head, unsure what he should say.
David walked slowly across the room and Maris stood up. She took a deep intake of breath and quivered. Nick put his arm on the small of her back.
"This is NOT the time, Autonberry." Nick quietly said with venom in his voice.
"Yes it is," Maris replied with force. Nick jerked his head at her and all the room quieted with her words.
David searched her face and cut his eyes at Nick "I uh—"
He didn't have time to finish as Maris stood her straight five feet of height and slapped him across the face.
Nick was caught by surprise and the whole room stared, startled by the sound of her hand hitting his cheek.
He took a couple of steps back and rubbed his red cheek.
Nick took a protective stance near Maris, ready to pounce.
"I deserved that." he humbly said.
"Yes, you did." Maris shook with anger.
Ximena walked stoically to his side and took his arm.
"Yes, you did, David. I don't blame her. I would have done the same but now that's over, can we settle this like adults without the vermin in the room?."
Everyone in the room nodded in agreement in awe of what played out in front of them.
Even Nick relaxed at Ximena's logical words.
Jarrod started first, "Well?"
He never got to finish as gunfire erupted from the hall. Gunshots clambered as they bounced off the marble walls. One pieced the wooden door. Heath quickly locked the heavy oak door and they all moved away from the door.
"What the hell?" David hissed.
Jarrod watched from the window as federal marshals moved into the building at great speed.
"The Calvary is here."