Chapter Fourteen: The Judge's Decision.
Albert Spenser entered the courthouse slightly before he was scheduled to arrive. The man he hired to take care of the horses arrived back at his place early this morning, informing Albert that he failed, just before he keeled over and died. This was not good, this meant that the Dillions would arrive for their schedule court date. He would have to convince the judge that the Marshal and his woman were not fit to be parents. Albert plotted and just before he was escorted in, snickered to himself. "This should be easy" he thought to himself, "The marshal is either gone or shot up and the woman was nothing more than a whore." He entered the office, reminding himself to be serious. He really just wanted to laugh out loud.
The judge looked up as Albert Spenser enter his office. Surprised that he was along, Judge Halbrook motioned for Spenser to sit in the chair before his desk. "Mister Spenser, I would have thought your wife would be here with you."
Shifting uncomfortably in his chair, Albert coughed, clearing his throat. "She would have been here your honor; however she went back east to Boston in order to take care of her sister. I sent a telegraph to her, and she responded that whatever I decided to do was fine with her. She loved those children as much as if they were hers."
"Do you know when she should return?" Judge Halbrook looked over the frame of his eyeglass, staring at Spenser.
"Well, no your honor. You know how illness are, and how sisters are."
"It seems you go through wives more than any other man I know. Of course, lets see. Your first wife, who was your common law wife, left you. Your second wife was killed by an intruder that we have yet to find. Your third wife, again a common law wife, just up and left. And now when you need your fourth wife, she is not here. Oh, and of course there seems to be a little issue that your sister passed on."
Albert looked flustered and turned slightly red in the face. "I don't understand how all this is important with the children, your honor."
"Perhaps nothing Mr. Spenser, perhaps everything." As the judge shuffled papers, Albert began to sweat.
"Mr. Spenser. What are your plans with the children?"
"Well your honor. Johnaton needs a strong man to guide him into manhood. I figured that it might help to send him to a ranch or plantation for a few years to mature. He likes to butt heads with me, and I think that a man that he isn't related too, would help."
"Jessica will have her party to introduce her to the society crowd. Many young and wealthy sons of wealthy businessmen would be there. A profitable marriage for her would be beneficial. As for the younger two, put them into the finest boarding schools there are until they are older."
"I see Mr. Spenser. You don't wish for the children to live at home?
"Oh no your honor", Albert scrambled, realizing his mistake. "There would be summers, school breaks, holidays that the young ones can be home for. If Johnaton settles down, he can come home and work on the estate. Jessica isn't getting married just yet."
"Hummm." Holbrook wrote on the paperwork. "Tell me why you believe you are the better fit for these children."
Straighten up, Albert knew this was the time to impress. "Your honor, as you know, the marshal is gone quite a bit, and Miss Russell runs a saloon. In fact, the marshal showed up at the estate wounded. Can you imagine the memories and pain the children would endure if they see him shot dead in the streets of Dodge City."
As he continued. "And as Miss Russell, before she bought the Long Branch, I cant say the words of how she earned the money for it. You know where it came from, all the men she laid on her back with. And if she is mother material, why didn't the marshal marry her. And her saloon. They are going to raise those children above it. Sharing rooms, washrooms and who know what else. I can see Johnaton working behind the bar to all times at night. And Jessica, who knows what a drunken cowboy might think. She's one of the dancehall women. The little ones, going to school, if they go to school. Being teased about living in a bar. What teasing would they get about their mother."
"I can offer them the comforts of their home in which they were raised. Along with the better schooling, privileges and social standing. They cannot offer that."
Judge Holbrook nodded and continue to make notes. "Thank you, Mr. Spenser. I need to interview the Dillions and once I make my decision, letters will be sent. Whoever I decide on will also have guardianship papers for Matthew and Lillian. The clerk will show you out. Good day to you sir."
Albert stood up and looked at the judge. "I hope your decision will be the correct one. For the children's sake of course." He followed the clerk and headed outside, putting his hat on along the way. Once outside, he saw the carriage with Matt and Kitty in it, with the deputy riding beside them.
Matt and Kitty arrived 10 minutes early at the courthouse. Newly placed the rifle into its case and dismounted. He secured his horse and then the carriage as Matt helped Kitty down.
"Newly, we should be just fine in the courthouse. Watch for Spenser, he might try to take the carriage and horses. As soon as the judge is done with us, I would like to return to the estate as quickly as possible."
Newly pointed to the courthouse stairs. "Seems he is already here marshal and heading towards us. Both Matt and Kitty turned and saw Albert. Kitty quietly groan at the prospect of a conversation with the man.
"Well, well, well. If it isn't the big man and red. Here I take it to plead your weak case to the judge." Albert stopped in front of them, putting his hands in his pant pockets.
"I take it you have already whined your case to the judge Spenser." Matt motioned for Kitty to step behind him.
When Albert saw this, he laughed. "Hey red. Your protects you when the marshal leaves? One of his deputies? Do they share a bed with you while he is gone? And when he is gone, whose bed does he fall into?"
Matt had enough, quickly backhanded Albert. "That's enough Spenser. Any more of that kind of talk and I will pummel you into the ground." Taking Kitty's arm, he guided her up the stairs and into the courthouse. Newly watched Albert, motioning him to leave.
The clerk showed them into a separate chamber room and indicated chairs for them to sit upon. Once the clerk left, Matt reached out and took Kitty's hand. "Nervous?"
"Yes, aren't you? What questions do you think he will ask?" Kitty's free hand smoothed out her dress.
"I would rather face three gunmen than this. I am sure that no matter how bad we do, Spenser was worst."
"That's so comforting Matthew," her voice had a sarcastic tone to it.
Shortly after they were seated, a door to their right opened and a court cleric along with the judge entered. Matt and Kitty stood up and the judge told them to relax and take a seat. Once everyone is settled, Judge Halbrook begins.
"So, we are here to talk about Matthew Spenser and Lillian Spenser and who shall be their guardians. The two of you have petitioned the courts to be their legal guardians. Is that correct?" Halbrook questioned them.
"Yes, it is Judge Halbrook" Matt replied while Kitty nodded.
"You wish to move the children to Dodge City. What plans have you made in regard to this move? Concerning their future, have you made provisions?"
"Yes, your honor, we have." Kitty started. "As you know, I own a business and upstairs there are rooms. Several are being converted into bedrooms and others will be converted into a family room, along with anything else we require as a family. Once we are settled, the children will be enrolled into school. Matt and I attend church on Sunday, and we are busy with socials and such."
"I see. All that sounds good. Marshal, how often does your job take you out of town? You were injured when you came here. Does that happen often?" Halbrook continued.
"I have to admit my job is dangerous and does take me out of town a lot. Thinking about ways to stay home more. I am going to send one or both of my deputies to do such things as serving papers or transferring a prisoner. Also, the three of us will rotate weekends so not one of us is stuck each weekend at the jail. Deputy Haggin spends the nights there during the weekend. As for how often I get injured on the job, that one I cannot say." Matt stated with flatness in his voice. His hand reached out to Kitty who laced her fingers with his.
"May I say something Judge?" she inquired with quietness in her voice.
"Of course, Miss Russell. Do you have something to add to this?"
"Marshal Dillion has brought in a lot of law and order to a once lawless land. His job is dangerous, and I have been aware of this for years. He has been shot several times and even stabbed, but he lives. I can take care of the four children with and without him. Although I would prefer with him, if his job takes him out of town, the children will still follow a schedule. If he becomes injured on the job, then me and the children will take good care of him."
"And the issue of the two of you not being married?" Halbrook quietly asked.
"That will be taken care of back in Dodge." Matt spoked up. "The whole town would love to see a wedding between Kitty and myself."
"I see. Well, before I make any decision, I want you to know that Mr. Spenser had his meeting before yours." Judge Halbrook shuffled some papers and seemed to be signing several of them. Matt and Kitty waited, Kitty holding her breath and Matt shifting uneasily in his chair.
"Alright. Concerning the minors, Matthew Spenser, and Lillian Spenser. I am granting custody and guardianship of said minors to you Matthew Dillion and to you Kathleen Russell. Date of custody begins today and said minors may travel with you anywhere in the United States and anywhere outside the United States." He will hand over paperwork to Kitty and smile as she just sat there staring at the paperwork. Turning to his clerk, "You are not needed now. Please file this paperwork for the records." The clerk nodded, picked up his paper and took the paperwork from the judge and left.
Matt stood up and extended his hand to the judge. "I want to thank you for this Judge. They will be well taken care of; we promise you that."
"I don't understand." Kitty began. "I was under the impression that we would not leave here with a decision. Does Mr. Spenser know this verdict?" her voice sounded worried.
"An official letter is being delivered to him as we speak." Judge Halbrook smiled at her. "I did not like both his answers and his attitude. Depending on what and how you two answered as to the faith of the children. If I didn't like it, they would have become wards of the state. Apparently, I liked what you said."
"We thank you for this Judge. Come on Kitty, let's leave the judge to his day and we have good news for the family." He took the paperwork, folded it and put it into his jacket inside pocket. Taking her arm at the elbow, he led her outside and over to the carriage. Newly seeing them, walked up to them, and asked, "Good news?" to which both Matt and Kitty grinned and stated yes.
"Congratulations Marshal, Miss Kitty. Time for us to head back home to Dodge?"
"Yes, Newly. Time for us to head back to where we belong." She climbed up into the buggy.
Matt helped her up, and as he picked up the weight that secured the horse, he quietly spoke to Newly. "Keep your eyes open. Spenser will have just found out that he lost and probably angry about it. Who knows what he might do."
"Yes Marshal" Newly mounted his horse and pulled his rifle out. He was not going to take any chances. Spenser in his opinion was very unstable.
TBC