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.

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."

11.1 ‘Today.’ The thought settled like a stone in his belly.

Payne Township - June 10, 1874

ARJ sprung from the pallet, startled awake from another bad dream, or was it something else? He stood in the early morning light slowing his heart. The last thing he recalled was listening, from under the quilt, as Dad played his euphonium the night before; that and his worries about the trial tomorrow, as he tried to fall to sleep. 

‘Today.’ The thought settled like a stone in his belly.

Bacon sizzled in a pan on the stove and four teacups waited in their saucers on the table. The familiar smells of breakfast calmed him. Aunt Rachel held the teapot as she stood looking toward the back of the cabin, smiling. Then ARJ heard Uncle Albert’s laugh from the extended back room he and Dad had built last week, and where they had been sleeping.

Head still on the pillow, ARJ listened. Mum was making a fuss about something. Another laugh and then Dad’s voice, louder.

“I know my boots were clean last night. I don’t understand where the mud comes from!”

ARJ heard the new back door open and then Mum’s voice, “Look Arthur! The tracks come through the back door!”

Uncle Albert teased, “Perhaps the privy?”

“There’s no mud from the cabin to the outhouse.” Dad said, in all seriousness. “Well, at least the mud isn’t at the front door this time, and that’s an improvement! Go have your tea, Anna, and I’ll get this cleaned up.”

Mum sighed as she appeared in the front room, her right fist pressing into her back as she walked. ARJ extricated himself from the pallet of snoozers and gave Mum a hug.

“Good morning, son! I thought you were still sleeping.”

“Dad’s still here?” He asked as he walked to investigate the back room.

“Yes. He’s out in the back, why?”

“I was afraid the trial had started.”

“Mr. Salisbury said only Dad needed to be there today. He doesn’t think the actual trial will get started until tomorrow.” Mum reassured him as she pulled a chair from the table and sat. It was strange to see her act so tired this early in the morning, but he knew the baby would soon be here.

“Uncle Albert will go with Dad today, and Dad will stay in town tonight. Remember?” she continued.

ARJ nodded, rubbing his eyes.

“Get dressed and you can eat breakfast with us.”

He quickly pulled on his clothes, careful not to wake the others, and went to wash up.

After breakfast, ARJ watched as Dad and Uncle Albert rode down the drive.

“I’ll see you tomorrow, Dad!” He shouted, attempting to modulate his voice. Dad waved back at him and smiled, before turning to the road ahead.

John William and his cousins, still in their nightshirts, waved at the wagon; running, and laughing down the drive until they were out of sight but, ARJ went to sit next to Anna Eva on the porch. She held in her arms, a doll that Aunt Rachel had made for her from one of Dad’s handkerchiefs. As
she rocked it, she hummed, smiling up at her big brother. ARJ put an arm around her, listening until the rumble of the wagon faded away.

The farm always sounded different when Dad was gone; quiet, empty, and lonely. This morning, it was all of those things, but so much more. He dreaded the long day of waiting. Tonight, only Uncle Albert would return, bringing news from Wichita.

The heavy mood saturating the cabin lifted slightly when the sound of wagon wheels and horse hooves entered the farmyard an hour after tea. Aunt Rachel walked to the window and looked out.

“He’s unhitching the horses. It will take him a bit to put them away.”

The women finished getting the younger children ready for bed. Mum worked quietly and ARJ noticed the deep grooves across her brow as she pulled Eva Anna’s night shift over her head.

The door opened and Uncle Albert entered, hanging his hat next to Dad’s empty hook. Aunt Rachel smiled at him as she stoked the fire in the stove and put the kettle back on. Mum slowly lowered herself onto a chair at the table; ARJ standing close beside her.

“Arthur is settled into the hotel across from the courthouse.” His uncle began, falling into a chair with sigh. “Not much happened in the courtroom today. The jury was chosen, and then they adjourned until nine in the morning. The judge looks to be several years younger than Arthur.”

Aunt Rachel tipped the kettle and poured his tea. “As long as he’s just.”  

Uncle Albert nodded and then looked at Mum. “How are you feeling? Mr. Salisbury asked me to remind you that they can have your affidavit read if necessary.”

Mum shook her head. “Unless the child comes during the night, I’ll be in court in the morning.”

Uncle Albert nodded. “I didn’t expect you to change your mind.”

“It’s just too important…” Mum’s voice trailed off, absently rubbing ARJ’s shoulder.