by Jim Laughter
The lead attorney for the agency cited several agency policies in defense of their actions and strenuously demanded the petition be dismissed. All through the orchestrated presentation, Jake did not offer one objection. He was carefully trying to present objections associated with the agency lawyers and not the petitioner. Finally, the attorney retired and the judge turned the floor to Jake.
“Thank you, Your Honor,” Jake began smoothly. “First of all, I want to bring the courts attention to the findings of the hearing by the Imperial Directive representative concerning the guardianship of Delmar Eagleman.”
Before Jake could continue, the lead attorney objected. He claimed the directive was not in force at the time of the original guardianship hearing and thus inadmissible.
The judge considered the objection for a moment. “The objection is sustained,” he said. “Since this hearing is not under Imperial Directive, references to such are inadmissible.” Agnes gasped but Jake did not show concern.
“I accept the restraints imposed by the agency’s objections,” he said. His agreement caught the agency attorney off guard. Jake turned and faced Dorn in the witness chair, and by Axia law open to cross-examination.
Carefully, Jake questioned Dorn and got him to elaborate on his previous testimony. Once his tongue was loosened, he went into great detail about all the trouble Delmar had caused and the suffering he had sustained as his guardian. After embellishing the details of his visit to the Hassel farm, Jake dismissed the man from the stand. The agency attorneys were obviously nervous.
Jake then called on Agnes to offer her testimony concerning Dorn’s visit and for her actions. She brought up the point of how the man had been in a drunken rage, and blushingly quoted the profanities Dorn had screamed at her. The agency’s lead attorney rose to object but one glance from the judge silenced him.
Next Jake called on the police officer that had handled Dorn’s complaint against Agnes. He related how intoxicated Dorn had been, and told the court about the visit he’d had with the Hassels, which confirmed Agnes’ testimony. Jake asked the officer to recall his visit to the Eagleman farm the day the agency attacked the Hassels. The officer told about what he had seen at the Eagleman farm, especially noting that Dorn’s bandaged arm had been unharmed when Dorn had filed a complaint against his delinquent brother the previous day and reported that Delmar had been missing for several days instead of several weeks. He then related the events that occurred at the Hassel farm, including the involvement of the troopers.
Jake waited for the agency lawyer to object but the man was clearly hesitant. Thanking the officer, Jake allowed him to return to his seat.
Summarizing the testimony offered, and pointing out the inconsistencies of the agency’s version, Jake gave his closing argument. He was careful to emphasize the conflicting testimony given by Dorn, and restated the man’s inebriated condition, both past and present.
After Jake sat down, the judge announced that rebuttals would proceed tomorrow when court reconvened at nine a.m. Banging his gavel, the judge adjourned the court.
Jake waited for the press of spectators to leave and thanked the officers for their help. He herded the group out the door and to the waiting transportation.
At the liaison office, Jake and the lieutenant brainstormed for the next day session. Agnes, Sherry, and Delmar took the shuttle to the hospital to be with Robert.
While Jake and the lieutenant went over the points they had made that day, the phone interrupted. They learned that the ship carrying Mike Azor had been damaged by a Red-tail attack and would be delayed a week, maybe more.
There goes our ace-in-the-hole,” the lieutenant said. Somewhat deflated by the news, they continued to go over their strategy for the next day. Weary from hashing over the information, they got up and slowly walked to their ground car. They discovered that Sherry and Delmar were just returning and looked very excited.
“Robert is waking up!” Sherry announced to the men. “Agnes is with him right now.”
“That’s good news!” Jake said. “Is he able to talk?”
“Only a little bit,” Sherry answered. “When he found out you were here, he wanted to see you immediately.”
“I guess we’d better get over there!” Jake said. The liaison lieutenant excused himself while the others raced to the hospital. There, Robert told Jake who had attacked him in the barn and what they had said. After he finished, Robert drifted back to sleep and the doctor ushered the visitors out of the room.
Chapter Thirteen
Early the next morning they met with the lieutenant before going to the courthouse. Agnes met them there and reported that Robert was still improving, though slowly. Jake was heartened by the news but it would do little good today.
Although he had a way to break the case wide open, it wouldn’t work without Robert’s testimony. All he could hope for now was to hang on as both sides went through their rebuttals. Jake knew this was the strong suit of the agency lawyers and he was not looking forward to it.
The judge gaveled the court into session. Jake noticed the attorneys looked very pleased with themselves and wondered what they had up their sleeves. Again, the agency led off the proceedings.
“I recall Delmar Eagleman to the stand,” announced the lead attorney. Delmar came forward and sat in the witness chair. The judge reminded him that he was still under oath. The lawyer questioned Delmar as to his age and current place of residence. As soon as Delmar stated that he was eighteen and staying at the Hassel farm, the attorney stopped him. He attorney turned and addressed the court.
“Your honor, let the record show that this boy is still a legal minor. Also, let the record show that he is now back in Erdinata jurisdiction and no longer on Mica. By our law and the previous rulings of this court, he is required to be under the guardianship of his brother. Inasmuch as the boy is in violation of the conditions of the court, I present a warrant for his arrest for delinquency and request that he be taken into custody immediately.”
The attorney handed the warrant papers to the judge and then continued, “I further move that any testimony he has offered in these proceedings be disallowed.”
Everyone in the courtroom sat in shocked silence while the judge examined the papers. After deliberating for a minute, the judge banged his gavel and ordered the bailiff to take Delmar into custody. The stunned boy was handcuffed, led to the back of the courtroom, and seated between two officers.
The agency attorney again addressed the court, “I call Mrs. Agnes Hassel to the stand.” Agnes looked nervously at Jake, who nodded. She then rose and took the stand.
“Is your name Agnes Hassel?” the lead attorney asked.
“Yes it is,” she answered.
“Are you presently sheltering Delmar Eagleman in your home?”
“Yes.”
“I hereby submit to the court a warrant for the arrest of Agnes Hassel for harboring a fugitive,” the attorney announced as he handed the papers to the judge. Reviewing the papers, the judge again banged his gavel and soon Agnes was led away in handcuffs to sit on the back row. The courtroom was stunned. The agency attorneys, along with Dorn, looked pleased.
Jake was shocked by the action taken by the agency. Rising to his feet, he requested an hour recess. The judge questioned the agency attorneys who had no objection. He granted the recess and adjourned the court.
Jake, Sherry, and the lieutenant left the courtroom and drove silently to the hospital. They were shown into Robert’s room but he had lapsed again and was unresponsive. Leaving Sherry at the hospital, the two men talked while they drove back to court.
“That move this morning pretty much shuts down the petition, doesn’t it?” asked the lieutenant.
“I’m afraid so,” Jake answered. “I was hoping Robert would be in condition to testify, but that’s out. With Agnes arrested, and Delmar in custody, we have no case. They totally undermined our position.”
The two separated, with the lieutenant going to the liaison
office and Jake returning to court. Jake took his place as the sound of the gavel called the court to order. The judge asked the agency attorneys if they were finished.
The lead attorney rose and began his summation. He again attacked the original petition and the motives behind it. Pointing at Agnes, who still sat handcuffed in the back of the courtroom, he questioned the character of the petitioners and suggested that they were responsible for Delmar’s criminal behavior. He concluded by demanding that the petition be dismissed and requested prosecution of the Hassels.
As he took his seat, it was obvious that he was confident of his position, and Jake could easily see why. The judge called for the representative of the petitioner to give his rebuttal. Jake stood slowly to his feet and approached the bench.
“Your Honor,” he began, but did not get to continue. The courtroom was plunged into momentary darkness as the sun blacked out. Almost immediately afterwards, a commotion developed at the back of the courtroom and a trooper-first entered, followed by several troopers in battle dress. Mike Azor strode to the front of the room and took up a position before the bench and handed the judge a sheaf of documents.
“Let it be recorded that these proceedings are now under the jurisdiction of Imperial Directive. All prior testimony and precedents are to be disallowed and only current testimony and evidence will be permitted.”
Mike turned toward the judge who rose and offered Mike his chair behind the bench. Mike nodded and addressed the court.
“This court is hereby in recess for ten minutes.” Mike and the judge then adjourned to the judge’s chambers for a hurried conference. The judge apprised Mike of all the proceedings, including the warrants against Delmar and Agnes.
Outside in the courtroom, Jake conferred with two troopers. The courtroom again came to order when Mike and the judge both resumed the bench, with Mike sitting in the center seat and the judge behind him to the left.
“This court is now in session,” Mike intoned. “The bailiff will release the prisoners and allow them to return to their seats.” Delmar and Agnes were released and resumed their places behind Jake.
“Further, the warrants are disallowed,” Mike announced. The attorneys for the agency started to object. Instead, Mike motioned for them to stay seated.
“Will the petitioner representative and the agency lead counsel approach the bench?” Jake and the agency lead lawyer came forward.
“Will both parties please state their position briefly without reference to previous rulings?”
The attorney for the agency went first. “We contend that according to the law, the petition be disallowed because it does not address either of the allowable grounds for changing guardianship.”
Mike looked at Jake. “It is the position of the petitioner that the guardianship be reviewed as to competence of the guardian.”
Mike thought for a moment. “Does the petitioner have any other grounds for requesting this hearing?” Jake knew then that their effort would be disallowed.
“As petitioner representative, I don’t, sir,” answered Jake quietly.
“But I do!” said a raspy voice from the back of the courtroom. Everyone turned, and there, wrapped in a hospital robe, stood Robert Hassel supported by two troopers and followed by Sherry. Agnes immediately jumped up and ran to Robert, taking station by his side. The troopers continued to lead Robert to the front of the courtroom and helped seat him at the table. Jake excused himself from before the bench and went over to Robert. After a quick conference, he approached the bench.
“Sir,” Jake began, “the original petitioner has asked me to continue as his spokesman and hereby amends his petition.”
“What is the amendment?” Mike asked.
“That the rights of guardianship of Dorn Eagleman be revoked on the grounds that he will be unable to care for his legal ward, Delmar Eagleman.”
“Would you explain yourself?” Mike asked, looking at Robert. Robert tried to stand but gave up and sat back down.
“With pleasure, sir,” he rasped. “I hereby accuse Dorn Eagleman of assault and attempted murder of myself in an effort to prevent our petition from being considered.” Robert almost toppled over but Agnes and Sherry caught him. Mike glared at Dorn who had turned ashen.
“Do you offer a sworn statement to that affect and personal testimony to support it?” Mike asked Robert.
Robert raised his right hand. “Yes sir, I do.” The courtroom went silent for a moment and then erupted.
Mike gaveled it quiet. “The bailiff will take Dorn Eagleman into custody.”
Turning back to the attorney for the agency, Mike asked, “Do you wish to object to the petition and its amendment?”
“No sir, we do not,” replied the lawyer. “Furthermore, we withdraw our position if a means can be found around the exception statutes in the law.”
“I think I know a way,” Mike said. “Would you gentlemen, along with Mr. Eagleman and Mrs. Hassel, please join me in the judge’s chambers?” Both men agreed. Mike recessed the court for ten minutes and they followed Mike into the judge’s chambers. A few minutes later, they returned and Mike turned the court back over to the judge.
“It is the considered opinion of this court and the parties involved that the guardianship of Delmar Eagleman be assigned to Robert and Agnes Hassel. This is allowable under the Imperial statute covering trooper personnel who have not reached their majority.”
Turning toward Delmar he asked, “Do you, Delmar Eagleman, hereby state your intention to apply for entrance into the Galactic Axia Trooper Service?”
“Yes sir, I do,” Delmar answered.
“Does the ward have a sponsor, which is required under the Axia statute?”
“Yes sir, he does,” said Jake, standing.
“Is this decision in agreement with the new guardians?”
“Yes sir, it is,” Agnes answered for both of them. Robert nodded his agreement.
“Then it is the judgment of this court that the guardianship of Delmar Eagleman is established under Axia statute. Let the record show his new guardians are Robert and Agnes Hassel and that Chaplain Major Jake Sender is acting as Delmar’s sponsor for enlistment into the troopers.”
The judge banged his gavel a final time and dismissed the court. Mike, joining the crowd around Robert, noticed the police officers were smiling as they handcuffed Dorn and led him away. As soon as the room was clear, the troopers wheeled in a litter and lifted Robert onto it. Everyone followed and they returned Robert to the hospital and put him back into bed. His nurse, displeased with the sudden excursion, threatened to tie him down and then ordered everyone out of the room so Robert could sleep.
Later that evening, a much happier group gathered around the table at the Hassel farm. Agnes and Sherry whipped up quite a feast. After the men had cleared the table and cleaned up, dessert was served along with the ever-present coffee.
“Well, tomorrow is going to be a busy day,” remarked Jake as he pushed back from the table.
“I hear you,” replied Mike. “First, I have to file the charges against Dorn on behalf of Robert, and then arrange for someone to look after the farm.”
“Won’t it go to Delmar in this case?” Agnes asked.
“Yes and no,” answered Mike. “Until he’s twenty-one, or while Dorn is still alive, we can’t change the deed. Half of the farm is actually in his name, but under the management of the guardian.”
“Well then, it should be no problem,” Sherry commented.
“There’s still the problem of a lien that Dorn took out against it to pay his debts,” Mike replied.
“What if the new guardian took action against Dorn on behalf of Delmar for breach of trust?” Jake asked. “Then the lien would go against Dorn in court and be added to the criminal penalties he faces for attempted murder.”
“That’s a good idea,” Mike said. “That should provide a clear title to Delmar’s half.”
“What are you going to be doing tomorrow?” Agnes asked Ja
ke.
“Under the Axia statute that Mike invoked, Delmar and I have to go start his application process to enlist.”
Agnes got up and went into the other room. She came back and handed Delmar a familiar certificate. “I thought you might need this.”
“My graduation scores are recorded downtown at the education center,” Delmar said.
“If they’re as good as Robert wrote, they’ll definitely help,” Jake said.
“By the way, Mike?” asked Sherry, “how did you get here so fast? I thought your ship was damaged by Red-tails.”
“We were badly damaged in an attack, but we came out of it with few injuries,” Mike answered. “Our bed-springs drive was mostly shot out, and it looked as if we were going to have to limp the rest of the way in. Then we got a call from a scout asking if we needed help. The captain of our ship asked if they could deliver me under Imperial Directive to Erdinata as soon as possible. After I transferred, they light-jumped here at maximum speed and set directly down in the square outside the courthouse.”
“Where did you get the extra troopers who entered the courtroom with you?” Jake asked. “A scout only holds the captain and maybe two other passengers.”
“We called ahead and the liaison office had a squad waiting for us when we set down,” Mike said. “I was briefed by the liaison lieutenant as we came in and he made sure the troopers waiting understood as well.”
“That explains why they understood why I wanted them to go to the hospital to get Robert,” Jake said.
“I had very little difficulty with the nurse because someone had called her,” Sherry interjected. “Robert had roused again, and when I told him about Agnes and Delmar being arrested, he almost climbed out of that bed. It took the troopers and me a bit of effort to convince him to at least put on a robe before we came to court.” Everyone chuckled.
“Will he be all right after today’s exertions?” Jake asked.
“The doctor said he would,” Agnes replied. “In fact, today’s events seemed to have hastened his recovery from the coma.”
