06 July 2022

11.2 Your Honor, we are ready for the defense."

Wichita, Kansas - June 11, 1874

The following day, Dad was pacing in front of the 

courthouse as they drove up. He helped Mum down from the wagon.  

Uncle Albert leaned forward. "ARJ and I will take 

Sugar and Spice to the livery and walk back." Dad reached up and grasped ARJ's hand, holding on to it for a moment. 

 

"I'll see you soon, son." ARJ didn't want to let go, but Dad finally pulled away. "It's going to be alright." Then he turned as Mr. Salisbury and Mr. Brewer came up the walk.

 

Uncle Albert clicked his tongue, and the wagon 

jerked forward. ARJ helped unhitch the horses near the livery and took Sugar's reins from his uncle. They settled with the stable manager and walked back down the street. 

 

A crowd had gathered by the time they got back. ARJ recognized some men as part of the mob standing off to the side. His heart thumped inside his chest as if trying to escape. Two men looked up at him and then quickly lowered their eyes, returning to the conversation. They walked through the door.

 

The room was filling quickly. Uncle Albert found seats for them toward the front near an open window and went to locate Mum. ARJ searched the front of the room. His eyes finally fell on the profile of his dad's head. He sat stiffly at a table in the front staring ahead. Mr. Salisbury sat next to him shuffling papers on a narrow table and turning every so often to ask Dad a question. Another man that ARJ didn't recognize sat on Dad's other side, writing something on a piece of paper. 

 

"Who is that man sitting next to Dad?" ARJ asked his uncle. 

 

"That's Judge Howitt. He's your dad's other lawyer." 

 

"A judge can be a lawyer?"

 

"Judges are lawyers before they become judges, so yes."

 

Mum slid into their row and sat next to ARJ. She smiled briefly at him and patted his leg with a shaky hand. Uncle Albert sat on his other side. He pulled his pocket watch out, glanced at it, and put it back. "Five minutes." He said to Mum. 

 

"All the seats are filled," ARJ said, looking around. Uncle Albert nodded. 

 

A man in a black robe walked through a door at the front of the room. He sat at a table facing the room and nodded at Sheriff Massey, standing nearby.

 

"All rise." The Sheriff's voice thundered through the room. The room hushed, and the crowd rose together. "District Court 18 of the State of Kansas is now in session. The Honorable Judge W. P. Campbell is presiding." The Sheriff nodded to the Judge and walked to a chair off to the right. The Judge looked younger than Dad, ARJ observed in surprise. 

 

Judge Campbell spoke, "Good morning, ladies and gentlemen. I hope you all had a good night's sleep and are ready to resume the case before us." Then in an official tone, "Now calling the case of the People of the State of Kansas versus Arthur Dibbens. Are both sides ready?"

 

A man in a fancy black suit and crisp white shirt stood. ARJ recognized him as the lawyer named Mr. Sluss, whom he'd seen with the 'mob men' a month ago outside his law office. 

 

"Ready for the People, Your Honor."

 

Mr. Salisbury, in a gray suit, straightened a stack of papers on the table in front of him and stood. 

 

"Your Honor, we are ready for the defense." he looked toward Mr. Sluss,

 

The Judge nodded. "Will the clerk please swear in the jury?" 

 

A man in a rumpled suit stood and hurried over to a group of men sitting together. ARJ stretched his neck to see them. He didn't recognize them, but they looked like friendly people. A scary thought went through his mind. 

 

'Most of our neighbors looked like nice people, but I know some were a part of the mob that night.' His thoughts were interrupted by the clerk's voice.

 

He asked the men, "Will the jury please stand and raise your right hand?" The group of men rose and raised their palms toward the clerk. 

 

"Do you solemnly swear that you… will well and truly try the case before this court, and that you will return a true verdict… according to the evidence submitted to you and the instructions of the court, so help you, God? Please say 'I do."

 

The clerk watched them closely as they agreed and then nodded, gesturing with his hand. "You may be seated."

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