07 July 2022

11.3 - ARJ felt Uncle Albert's hand on his shoulder, urging him to sit back.

 Wichita, Kansas - June 11, 1874

The judge motioned for Mr. Sluss and the man sitting next to him. "You may begin your opening statement." Mr. Sluss stood, shuffled some papers on his table, and paused. The crowd waited for his first words.
"Your Honor… and gentlemen of the jury… the defendant, Mr. Dibbens, has been charged with the crime of perjury against you, the people of the State of Kansas – a severe charge carrying as much as a seven-year prison sentence." He stopped and looked over his shoulder at Dad. ARJ scooted forward on his chair. "However, … the sentence Mr. Dibbens is facing is no more serious than the sentence he imposed on his
neighbors: the complete destruction of their standing in the community and good reputations. It truly is a sentence, of sorts, that will follow those men in every dealing they have… for the rest… of their lives."
The lawyer continued.
"The evidence will show that after a friendly visit from some of his neighbors who were… simply… attempting to inform him and persuade him that he'd possibly made an error…, Mr. Dibbens turned around the next day and decided to lie about the visit. Perhaps he was embarrassed that he'd been caught with a land claim that wasn't legally his, or maybe he just doesn't like his mistakes being pointed out to him, however nicely it's done."
ARJ felt Uncle Albert's hand on his shoulder, urging him to sit back. He felt his uncle's hand rest on his back.
He turned and went resolutely to his chair. Mr. Sluss sat as Mr. Salisbury rose, his chair noisily scooting on the wooden floor.
"Your Honor," He nodded slightly toward the judge as he made his way to the jury, "and gentlemen of the jury." He smiled slightly as he stood before them. "I'd like to ask you some questions…, rhetorical, of course." Mr. Salisbury waited until all eyes were upon him. "Think carefully and put yourself in my client, Mr. Dibbens' shoes." He paced slowly, back and forth, in front of the men as he began to talk.
"Have you ever found yourself in an unfamiliar place where the rules were unknown and where you had very few friends?" He strode in front of them, stopping when he was in front of the last man. He rubbed his chin and continued. "Have you ever had a stranger approach your house after dark? If so…, did it make you nervous?" He pivoted on the heel of a freshly polished boot and crossed in front of the men again. "Now imagine… ten strangers approach your home after dark… and let's say that instead of knocking, they hit your door with their fist." Another pause as Mr. Salisbury stroked his beard. "What if it was twenty men… or thirty?" He slowly looked at their faces, one at a time. "Now, imagine that you weren't at home, but your wife and children were alone in that situation – with no way to get help." Mr. Salisbury looked at Dad, and every juror's eyes followed his. "Would you feel comfortable with that scenario? Would you just let it go, or would you reach out to the law to prevent it from happening again?" ARJ turned his head toward Mum. Her eyes were fixed on the back of Dad's head, chin held high. She gently patted ARJ's knee but didn't look at him.
Mr. Salisbury continued. "By the time our Honorable Judge Campbell dismisses you to find a verdict in this case, you will understand that Mr. Dibbens was not lying when he pressed charges against the men who perpetrated this scenario on his family. You'll find that the evidence shows that Mr. Dibbens reported the incident in truth and in the faith of our system, as would any of you if it happened to you, to protect his family. He is counting on all of you as part of that system." He smiled once more at the men. "Thank you for your attention."
Mr. Salisbury walked confidently back to his seat.

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