Chapter Ten: One Court, Two Courts…
Kitty Russell usually did not have an issue sleeping. Living above the saloon, she learned to close out the noises of loud cowboys, music, laughter, and everything that comes with owning such an establishment. Drowning out the sounds of her mind was something totally different. She found her thoughts rambling on through the night, thoughts about Matt. Was he really going to be, okay? She had always been there in the past when he was wounded. Albert, what tricks would he try in the future? Was she capable of raising the four children who now look to her for comfort and guidance?
She placed her feet onto the cold floor and slid them comfortably into her slippers. A slight knock on the bedroom door made her jump. "Must get a hold of myself if I am to make it through today." She thought as she opened the door, acknowledging Clara who was standing there.
"Rolf would like to know if you wished for a bath this morning Mrs. Dillion." Clara asked in her most professional voice.
"I would love that, Clara." Kitty slowly put on her dressing gown. "I need to confess something to you. Please come in and shut the door." Clara raised an eyebrow, quietly entered the room closing the door.
"Mrs. Dillion, you don't need to confess anything to me. However, if you must, please know whatever you tell me, I will keep your confession quiet." Clara folded her hands in front of her waiting.
"I lied to Albert that day, about Matt and me. I cannot lie in court so it will all come out. I am just scared what the children will think, and of course, you, Rolf, and Maria." Kitty sighed, relieved that she did not need to "fake it" any longer.
A slight chuckle escaped Clara's lips while a smile danced in her eyes. "Oh, Mrs. Dillion. We all know this, except for perhaps Mr. Albert. He is rather dim witted if I beg your pardon. As far as we are concerned, you and the marshal have been "married" for a long time. And the children have always thought of you as their mother. They just called you Aunt Kitty; in fear I believe you would be displeased."
"Oh, for goodness sake. I could never be angry at them for that. But they don't know that do they? I love being called Mama, or Mother."
"Please forgive my tongue Mrs. Dillion. When you and the young ones go to court today, remember that Mr. Albert is a snake of a man. Fight for all four of them. The twins have every right to live with their father, and that right cannot be taken away from them. Matthew and Lillian have no family and Mr. Albert knows this. He will use it to whatever advantage he can. I will have Rolf bring up the water."
The sun rose on the East side of the train. Matt Dillion had been awake for a few hours, lying on his back, staring at the ceiling. The world would change for him and Kitty. Would it change the relationship that they had? It was simple when he went to Hays, and now on his way to St. Louis it was complicated. The two of them now had much to talk about. Matt looked over at the couch that was in the car. Doc was sound asleep, worried for him and his wounds, as much as Matt worried about Doc and the lack of sleep the man seemed to get.
Matt sat up and watched the sun finish rising, swung his long cramp legs over the side and stood. Out of nowhere an ancient voice would ring out "Oh no you don't mister. I didn't give you permission to get out of bed."
"Doc, there are things that a man needs to do without permission." Matt laughed slightly as he went into the water closet. Afterwards, the idea of food entered both men's minds and they wandered to the food car. Breakfast was simple, eggs, bacon, and bread. Over a second cup of coffee, Doc decided to question Matt about the children, Kitty, and the new life their group would embark on.
Rubbing his hand across his mustache, Doc looked at the tall man. "Matt. What are your plans now that you have this large, expanded family? Are you going to turn in your badge?"
Sighing a bit, taking a sip of his coffee, Matt will shake his head. "Doc, I really don't know. I know that now I am responsible for them, and at first it scared me. Still do, but now I have a large amount of guilt to go with it. At the time, I thought I was doing the right thing. I wanted to protect them like I want to protect Kitty. It's going to be difficult. I don't think giving up the badge will protect them."
Doc will look at his longtime friend. Matt had confessed more emotion in the last few minutes than he had in the last few years. "I don't want Kitty to be hurt at all Matt. She has always wanted a child. Now she has four, and make no mistake, she will take care of them like they are hers."
"I know, Doc, I know. First things first. I need to get to the court and protect my family from Spenser."
Both men finished their coffee and went back to gather their things. The train was less than one hour outside St. Louis and Matt wanted to be one of the first off. They would need to get a ride to the courts quickly, and any delay Matt felt would be dangerous. What if Spenser was awarded custody of the younger two and then blackmailed for the twins. Kitty really did not have any authority over any of them, something that bothered Matt. Something he felt he must address in the future.
When the train pulled into the train station, both men departed. Finding a taxi to take them to the courthouse was not difficult. Several were lined up with varies of sizes, manned by eager drivers seeking someone with wealth to service to. Doc and Matt took a medium size taxi, pulled by a single work horse of grey color. Daryl, the young man introduced himself as, took their luggage and then assist the two men if they needed it. Matt managed to get up without help, handed the driver two dollars and asked to be taken to the local courthouse.
Gathering up the children, Kitty was pleased to see that they were modestly dressed. The two boys hair was washed, slick back some and tidy. They were wearing their Sunday best suits with boots that looked polished. Both girls had their hair pulled back with curls hanging down. They too were wearing clothes that one would wear to Church. Faces on all four were clean, with a slight coloring on Johnny which Kitty knew that soon he would have to start shaving.
Kitty herself wore a modest dress, light blue with flowers on it. Her face was lightly dusted with face powder and little else. She had her purse and sunhat, took a deep breath in, and walked to the door. "Come, we must not be late." The four children left the house, each lost in their own feelings. Johnny mounted his horse beside Newly, Kitty and the other three step up into the carriage and once settle, she informed Rolf to take them to the courthouse.
Upon arriving, Johnny, Newly and Dakota dismounted and secured their horses to the carriage. Kitty, Jessica, Matty and Lilly stepped down from the carriage. Looking up at Rolf, Kitty will give him a hopeful smile. "Good luck" Rolf stated as he attached the weight on the horse's bridle.
The Dillion party walked up the three stairs and entered the building. Dakota nudged Newly and pointed down the street. Walking up that street was Albert Spenser. Upon seeing them, a sneer spread across his face. Dakota and Newly ignored him, went inside and up to the Dillions.
"Miss Kitty, he is here." Newly quietly stated to her.
"Thank you Newly. Can you stand by Jessica and have Dakota by me and Lilly."
"Yes ma'am. We sure will." Newly quietly spoke to Dakota who moved closer to Kitty. Newly himself stepped up next to Jessica.
Albert entered the courthouse and walked up to them. "Well, good morning beautiful. I see my family is all here. Don't know why you need two brutes to guard you. There is no danger." He removed his hat and made a slight bow to Kitty.
Kitty looked disgustedly at Albert, while Dakota stepped up. Before she could tell him what she really thought of him, a clerk would open the door. "Spenser party?"
Albert and Kitty replied "yes" at the same time. Opening the door, the cleric motioned them inside. Newly and Dakota stepped in between Albert and everyone else. Once Kitty and the children entered, they moved inside and stood at both sides of the door. Albert entered and stopped, looking from one to the other.
Kitty settled the four children in chairs behind the railing that separated spectators from those that were there facing the judge. Albert went and sat opposite Kitty, and both waited for the judge to speak.
"Good morning. We are here to discuss the welfare of the children and since their primary care giver has passed, where they are to reside." Judge Halbrook looked at them. "You are Albert Spenser, the children's uncle?"
"Yes, your honor." Albert stated, grinning at Kitty.
"You are Katleen Russel?" The judge will question her.
"Yes, I am." Kitty will answer. "Russel?" Albert exclaimed. "What happened to Mrs. Matthew Dillion?"
Kitty turned to Albert as Albert pointed his finger towards her. "She has no claim to the children judge. She might be his woman, but she isn't his wife, just his whore."
The courtroom will erupt in chaos. Jessica grabbed Johnnie's shirt, attempting to hold him back, Lilly scamper over to Kitty, who picked her up as she cried "She's mama." Matty will yell at Albert, telling him that she was their mother. The judge's gavel will pound on the desk, shout for order.
Outside the courthouse, Doc and Matt's taxi pulled up. Matt was feeling tired. Although they had a sleeping car, it didn't help him sleep. Between the rumblings of the tracks, the jerking of the train and the worry about Kitty and their children did not allow for him to rest.
Rolf, seeing the marshal's taxi bounded over. "Marshal, good to see you", extending his hand towards the marshal. "We were not expecting you."
Extending his left hand to Rolf, shaking it, "Good to see you, Rolf. Clara and Maria doing just fine? This is Doc Adams. Is Kitty and the children inside?"
"Clara and Maria are fine. Mrs. Dillion is inside with the children. I will get your bags and put them in the carriage." Rolf moved to the taxi driver and retrieved the carpetbags they had brought.
"Mrs. Dillion, huh?" Doc commented to Matt as they headed up the stairs. Doc had noticed that Matt's coloring was not looking as good as he wanted but decided to not say anything. Matt Dillion was a man on a mission and that mission was more important than anything else, including his health
Matt just looked at him and continued to the door. Once inside and locating the clerk, Matt and Doc went to the desk before the clerk. Requesting entrance into the room, at first the clerk refused them on the grounds that the court was in session. Before Matt could inform the clerk that he was the children's father, it seemed that all hell had broken out. Matt shoved pass the clerk with Doc right behind. The clerk stammered and moved in front of the big man to open the door into the courtroom.
Dakota Smith stood by the door watching the scene unfold before him. He had thought about helping Newly with Johnny, but Newly seemed to have him under control. Dakota decided to watch Albert instead, trusting the man about as far as he could throw a 1200-pound horse. When the door opened and Matt walked through, Dakota's left eyebrow raised up. As Doc Adams walked in behind the marshal, his eyes widened.
Matt stood there for a moment, arm in a sling, watched the scene in front of him. "What in the hell is going on in here." His voice is loud, commanding, and steady. The room went eerily quiet with the children stopping their ruckus, Kitty looking up surprised to see Matt as did Albert. The judge stopped hammering the desk and looked to the big man who had just entered and settled things down.
Kitty put Lilly down beside her, a smile slowly crossed her face. Albert's sneer did not disappear, instead his mind raced to how best to utilize the marshal. Newly and Jessica released their hold on Johnny, and Johnny's anger dispelled. He went and stood beside Lilly and Matty. Newly moved passed the marshal, his voice low, "sure am glad you're here."
Doc Adams looked up at Dakota, "When this is over, I want to look at your nose. And you and I can jaw about things in Dodge." He spoke quietly to Dakota and proceeded to walk over to the children.
"Order!" Judge Halbrook called out. "Who are you and why are you in this courtroom?"
"I am Matt Dillion, United States Marshal," Matt started. "And these are my children."
"Not the younger ones!" shouted Albert.
Matt looked over to Albert, then back to the children. Matty walked to his father. "Uncle Albert called Mama a very bad name. He called her a whore."
"We will talk about it later, go over to your brother and sister." Matt told Matty, patting his shoulder. He looked over to Albert with despise and hatred radiating from his eyes. "All of you sit down and mind yourselves." Matt walked over to Kitty and looked down into her eyes. His left hand went up to her arm and rubbed it. "Sorry that I am late." Kitty looked up to him, "Your right on time cowboy." The two of them sat down at the table and looked at the judge.
"There will be no more outburst in this courtroom. Now, Marshal Dillion." Judge Halbrook looked at the marshal. "Are all these children yours. Biological yours?"
"The twins are biological mine; however, I claim all four of them." Matt calmly said.
"And your claim Mr. Spenser, too the children." Judge Halbrook inquired Albert.
"I am their legal uncle. Even if the twins opt to go with their father, he has no claim to the younger two. Ask him about her, about where they will be living." Albert was smug in his words. "With me, they will live at the estate, with every convenience possible."
"Marshal, do you have a place to raise the children? What are you offering them." Halbrook questioned Matt.
Before Matt could answer, Kitty Russell spoke up. "They have a place to live with a room for the boys and one for the girls. We will get them into school, take them to church. Afford them the benefit of two parents."
"Marshal, how does Miss Russel figure in all of this? Is she your wife?" Halbrook continued the questioning.
Looking first at Kitty and then back to the judge. "She is their mother, all four of them. We have been together for 10 years."
"I see." The judge will look at papers and then to both men. "Marshal, is there a reason to keep the children together?"
"Your honor, may I answer that question please." Jessica Dillion spoke up. The judge looked at her and nodded. "Please go ahead," Judge Halbrook recognized her.
"Thank you. You see your honor, Lillian was so new to the world, being only a week old and Matthew was just four, when they came to live with us. Their kin folk was killed in an accident and Mrs. Weathers was a very close friend to my Aunt Penelope and they were left in her care. We have been a family for the last six years and to break the four of us up would hurt. Johnny and I wish to go and live with our father, to be Dillions. We want Lillian and Matthew to live with us also."
"Marshall, why didn't you children live with you all these years?" Halbrook inquired.
Matt Dillion took a deep breath and let it out slowly. The travel was hard on him, and he was tired. "I lost their mother when they were three days old. I was not ready to raise them on my own. Their aunt took them in and when I became an U.S. Marshal, I feared for their lives. They were so young. Now that their aunt is gone, and the twins want to come live with me, I will, we will", his arm went around her waist, "protect and take care of them. All of them. Your honor, don't separate the children."
Matt plopped down on the chair; his head lowered at bit. Kitty standing there seeing Matt in this state motioned for Doc. Doc shuffled over to the lawman with his bag. "Dang fool, I told him this trip would do him no good."
"What is wrong with the marshal." Halbrook looked concerned.
"He was shot a several days ago and insisted to come here." Doc's voice was edged and rough. "He should be in bed, not in a court room.
"Aww, Doctor. The marshal not feeling good? Is this how it will be when the children are with him. Will they get to see their daddy hurt and unable to take care of them." Albert will chortle.
"Shut your trap Spenser." Doc snapped at him.
"Shut it for me old man" grumbled Albert looking like he could go after the doctor. Feeling a bit nervous, Dakota moved over to Doc, leveled his rifle a bit and stood there staring at Albert.
"Your honor. That woman is a saloon girl and lives above the Long Branch. That is no place for young children to live. Drunken men will see Jessica as just another saloon girl, and who knows that will happen to the other three." Albert kept his eye on Dakota as he addressed the judge.
"Is this all true?" the judge questioned Kitty and Matt.
Matt staggered up, his hand stopping Kitty from talking. "Miss Russel is not a saloon girl; she owns the Long Branch. There are many rooms upstairs to make into livable home for all of us. The children will not be going through the bar area. There is another entrance that leads to the living quarters. We promise that no harm will come to them, they will be educated, feed, clothed and anything else that they need." Once he was done, he collapsed onto the chair, his left hand going up to his shoulder.
Albert began to protest; Judge Halbrook stopped him. "In light of the marshal's condition, and in lieu of him being the older two's father, I am postponing this trial for a week. I should have decided for the younger two by that time. Please be aware that I might summon you for future discussion. Make sure that the clerk outside has your correct address. Until then, this court is in recess until next week."
With that declaration, the judge stood up and left the room. Doc, looking at Newly and Dakota took charge of the group. "Newly, Johnny, get Matt outside to the carriage. You three are going with me and your mother. Dakota, bring up the rear. No need for more company than what we have." He pulled on his ear staring at Albert. Shaking his head, with Kitty beside him, ushered the children with them, following Newly, Johnny and Matt. Once outside, Matt climbed into the carriage, along with Kitty, Doc, Matty, Jessica and Lilly. Newly, Johnny, and Dakota mounted their horse, Johnny leading the carriage, Dakota bringing up the rear and Newly riding beside the side that Jessica was sitting. All of them thinking and worrying about the second court that was a week away.
TBC