JUDGE PAINE DAY FIVE



Week End at the Cabin in the Woods

When Paine saw Sarah in her bathing suit he almost gasped. Here she had children and yet she had the figure of a perfect twenty year old.

Before he could continue focusing on how she looked she said, “Get your suit on or not and let’s go swimming.”

He said, “I just happened to have a new one. Give me five minutes and I will join you at the pool.”

When he got to the pool there was a man already getting too friendly with Sarah to suit him. He walked up to them and said, “Do you want me to put some lotion on you dear? You’ll excuse us?” he said to the man, and he led her over to the deck chairs.

She laughed and said, “What was that all about?”

He said, “It was about you and me.”

She looked more serious and said “You and me”. He said yes “You and me, we don’t need anyone else, do we?”

She smiled and said, “Absolutely not and then giggled.”

“What’s so funny?” he asked.

She said, “I am pleased that you are jealous of me.”

He started to deny it but admitted; “I guess I am, aren’t I?”

She said, ‘That’s okay, I like it. It seems like its been a long a long time since that has happened. Where is that lotion you were going to put on me?”

“I don’t have any… I’ll go get some and be right back meanwhile if anyone starts hitting on you just tell them your man is very jealous so move on.”

After swimming some laps with a pause now and then for conversation they had all the sun they could handle for one day and returned to the cottage and dressed.

She put on a colored tee and a full skirt. Looking at her was putting fire in his bones and he realized that before he did or said a wrong thing he needed a diversion of some kind. Eating came to mind so he said, “I’m hungry so let’s check out the restaurants.”

During the meal they discussed the past and the future. Throughout the evening one thing stood out in his memory and that was she said; “I’m going to marry again. I have been alone long enough and I want to have a man of my own again.”

After spending quite a while eating and talking they returned to the cottage and continue in conversation until about ten and Sarah said, “It has been a busy day so I’m for bed, goodnight.”

He said, “Goodnight, I’ll see you mañana.”  

He was in a state and was wishing she had invited him to her room for the night but at the same time if she had he would have resented her for doing it. For him the night was long and restless. He was still tired when he awoke from his night’s unrest.

She knocked on his door and said, “I am going to the office and get us some coffee.”

He replied, “Great. I’ll shower and be ready shortly.” He had dressed by the time she returned.

She said, “I met the man at the office who found me charming or so he said and I invited him to come and say to you the things he said to me. He declined saying his party was waiting for him.”

“I hope you put him in his place.”

She laughed and said, “I did.”

“Well good that makes me feel a lot better.”

“You know Paine you are beginning to have some possessive feelings for me, aren’t you?”

“So what if I am?”

“Oh nothing but maybe we should clear the air after breakfast.”

“Fine, that’s fine with me,” he said tersely.

They found a place with a good breakfast and Sarah was hungry.  Paine was still nervous from yesterday and mostly picked at his food. She carried the conversation for the most part and injected a giggle here and there.

After they finished eating she wanted to take a walk and see some of the highly touted sights. He went along somewhat grudgingly for he had some things he wanted to clear up and it was going to be impossible to say what he wanted to while gawking at the tourist attractions.

After an hour of that he said, ‘There is a quiet place to sit and I would like to talk to you.”

She said, “We have been talking ever since we got up.”

“Yes but not that kind of talk.”

“Okay let’s sit over there but after awhile I would like to continue our tour if that’s okay with you.”

He mumbled something under his breath as he sat down. She had known him for a long time but had never seen him in this mood. She had viewed him angry in the court room and sullen because of being disgusted with some of the people that came before him but never like this.

He started to speak but wasn’t making much sense so she interrupted and said, “I know you slip out and visit some lady friends at night and I’m wondering if it isn’t time for you to do that again for you are… err somewhat repressed if I’m reading you right.”

He didn’t bother to deny what she said but the thought crossed his mind and he wondered how she knew so much about his activities outside of the office. He always was if nothing else, discreet.

He was a little perturbed and said, “If you can read me so well maybe you know what I want to discuss.”

She looked at his eyes and said; “You must be kidding.”

He said, “I know you are smart but you don’t know everything.”

She said, “Okay you asked for it so here goes. You haven’t been down to see your lady friends for a while and are feeling to put it plainly, you’re horny.

That is the first issue.

The second is after seeing me in a  bathing suit that doesn’t leave much for the imagination to feed on it has stimulated you even further. Then you are beginning to think about the possibility of marrying me and are not sure if that is what you should do or not.

Seeing other men take an interest in me and the fact that I’m going to marry someone not to far off is putting pressure on you to have to act or be left out in the cold and it is troublesome.

Your mind and your feelings are somewhat in conflict with one another and to be honest you are confused and want to sort it out. That about it, isn’t it? If you need me to be more definitive I can be.”

“Hmmn, no you have covered about everything that is anything but I want you now.”

“You mean you want to marry me now?”

“Well yes, but I want you now.”

“You are really serious aren’t you? Of course I’m serious my bachelor days are coming to an end.”

She replied, “You know it just so happens that a lot of couples come to the same decision while visiting this island and the local authorities have made provision for buying a marriage license on the weekends. The question is are you ready or were you just excited and all.”

Then it hit him and he came back to himself, “Me get married, no way.”

That was a lie and all his passion drained out of him like a bathtub draining only faster.

She saw how he lost the fervency he had in his eyes and she said, “its different when it hits home isn’t it?”

He thought I wanted to talk to her but this is more that I anticipated, what a woman.

She stood up and took his hand and said, “Let’s walk back to the cottage. As they started off he said let’s walk down town there s something I need.

His feelings were changing or rather were coming into focus and he realized that at his age he was in love at last.  He had a spell of passion earlier that had subsided somewhat but this was a clear cut feeling of love exclusive of a desire for instant relief that virtually every man has felt.

As they walked he said excuse me I’ll be right back. He walked over to a policeman and had a short conversation with him and then returned.

She took his arm as they walked along and was pulling him over against her and then pushing him away just funning.

As they looked into the shop windows he said, “Let’s go into here.”

It was kinda like a business but had an office toward the rear. As they got closer she saw the sign, Marriage licenses here.

He turned to her and said; “Will you marry me?”

It was her time to look shocked but she managed a suppressed, “Yes.”

He stepped up to the desk and said one marriage license please.

Fifteen minutes later they stood before a magistrate who was also a local minister saying vows that he never thought he would say. The minister ended saying you may kiss the bride. It was the first time he had ever kissed her but it was like he was trying to make up for lost time.

She said, “Perhaps we should return to the cottage before we embarrass ourselves.”

For the next two hours they were as young newlyweds. Their fervor reached the same level as young lovers and she said this is one of the reasons I wanted to get remarried for I have been missing the intimacy of marriage.

After their lust had temporally been satisfied the reality of what they had done hit him. His whole life had just been changed.

Where will they live, what about her kids, how will they take it, I hope she isn’t pregnant; so many thoughts were hitting him.

She could see he was trying to think through all of the things they had not talked about.  

She said you will move into my large house. I already told the kids I was going to be married this weekend and while I’m still young enough to have another child I had prepared for that and I’m not pregnant at least not yet. That is something we must discuss.

He thought, “Me - - a dad, No way but on the other hand, maybe.”

JUDGE PAINE DAY FOUR (A weekend off)

Sarah prepared a Picnic Lunch

 

Sarah called Judge Paine and said, “It looks like your docket is clear until Monday so you might as well enjoy your free time. As for me I have some catching up to do and will prepare for the next weeks cases.”

“Thank you Sarah, I think. I tend to get into trouble when I have free time and have to find something to do.”

“Yeah that is a problem for guys who retire at a young age. Alright Judge; you pick me up Saturday morning about nine and we will go on a picnic. We will take the ferry over to Jonas Island and rent a cottage. I will fix lunch for us and after we have our meal we can spend the afternoon looking the island over.”

“What about your kids, can you leave them?”

“My kids are grown and take care of themselves.”

“Well, if you think it is okay let’s do it. Do I need to pack a bag?”

“Yes unless you want to wear the same clothes for two days. I hear they have some good restaurants on the island so we should have plenty to eat.

I want to go on a picnic and take a canoe ride then after that we will eat at the local establishments.”

Judge Paine said, “I have never done anything like this… can I trust you?”

“Probably not but you are going to have to take a chance on that. You’re going because I have already booked the cottage and if you don’t I will have to find another fellow to go with and you don’t want me to do that, do you.”

“Good gracious no, I don’t want you to do that so I will go with you. If I didn’t go you might get into trouble… mightn’t you?”

“You can bet your boots on that, so it’s settled.”

After Sarah left Judge Paine thought it over and mused, all those years we worked together we never did anything together. This is really a surprise but she was happily married during that time and her husband died after we retired.

 

I don’t know what she has in mind but I don’t think I’m ready for a romantic weekend. Oh well, we’ll see what is going to happen.

He decided he had better pack and get ready for the weekend. He wondered what he should prepare for. She wants to go on a canoe ride; I’ve never been in a canoe. They look pretty unstable; maybe they have one with outriggers on it.

Since I won’t be known as a Judge I will just go casual. This is one time I’m going to wear… come to think about it I don’t have any pajamas. I’ve got to get down to the store and get a swim suit, new underwear and some pajamas.

While he was there he got a new jacket and pants and a few more things just in case. He was still worried about Sarah motives and if she was planning a romantic week end. What would it mean if we were intimate and how would she react if I refused her. The more he thought about it the more he worried.

Finally he concluded that he wasn’t about to embarrass her so he would just follow her lead.

Then it occurred him “I wonder what she would think if she knew what I have been thinking. Her opinion of me might change if she only knew.

Needless to say he had a restless night and was glad for the morning. He arrived a little early so she had him pack the lunch basket while she finished dressing.

A bit later she came in the kitchen where he had just finished packing their lunch and got a real surprise. She always wore her hair in a bun but here she was with her hair down and pulled back with a clip holding in the back.

 

Her clothes were always a business suit concealing the fact she was a shapely woman. Here she was with a tee and a pair of jeans on.

At that moment he was glad he had dressed down and went casual. He couldn’t help but ask her; “How old were you when you came to work for me.”

She said, “It looks like you have caught me. I wasn’t as old as my records show. I was just out of high school and was seventeen. I had went to business school at night and managed to get into a law clerk class during the last two summers. I prepared my self as best I could so I could get a job. I continued taking evening classes on the law while working for you.”

“I noticed you were getting better at your job as the years went by. You were seventeen and… my goodness woman you aren’t quite forty yet.”

“Yes that’s right and my kids are ready to leave the nest at least on a part time basis. We had better be on our way or we will miss the ferry.”

As they ferried across bay he thought, “And I thought I was young being just under fifty. Under forty, I can’t believe it except when I look at her and then she looks like a young housewife ready for life.”

He had to admit while walking on the deck of the ferry and her arm in his it was stirring something inside of him that was getting harder to hold down. He wanted to sit and put his arm around her but managed to keep all his feelings corralled.

After an hour the ferry docked and Sarah said, “Get your bag and the lunch and let’s head for the cottage.”

They arrived there shortly and checked in.  He was surprised at how quaint the cottage was and relieved that it had two bedrooms. After freshening up she said, “Do whatever and let’s get our canoe and go picnicking.”

He said, “Give me a minute and we’ll be off.”

As he looked at the canoe he wasn’t assured that they were doing the right thing.

She saw he was looking a little uneasy she laughed and said, “If you can handle a gavel you can paddle a canoe. Just sit balanced like on a bicycle and you will be fine.”

Once they got started he thought it was like balancing on a bike and the paddles propelled it like a knife through the water. They stopped at the picnic area and had lunch.

He mentioned one of the cases he might get and she said, “No talking about the other world. Let’s just enjoy this one, alright.”

He realized she was right, why let the “Other world” interfere with what they were doing.

After lunch they headed back to the cottage to relax for awhile when Sarah came out of he room with her bathing suit on and said, “Let’s go for a swim.

 

To be Continued

JUDGE PAINE DAY THREE

A Good Court Clerk can be of Awesome Assistance

 

“Hello let me speak to Sarah Cartwell please.”

“Hang on; I’ll see if I can find her.”

“Alright I’ll wait.”

Sarah enters and says; “Who is this, it better be important for I was weeding my garden.”

“Sarah this is Judge Paine and I was just checking to see if you were still alive and in your right mind.”

“Yeah I reckon I still got it together. What’s on your mind Judge for I know you didn’t call just to be friendly.”

“Listen, Sarah how long were you my law clerk?”

“Well Judge you know as well as I do, I clerked for you almost as long as you sat on the bench.  You hired me temporary at first but after a month you decided to keep me on till you retired. It was exactly twenty four years three months and twenty days if you really want to know. You have something on your mind so spit it out…”

Judge Paine said, “Maybe you heard I have been called back to the bench for a short while and I need a little more help… more than the Bailiff can do. He has his own duties and I have been imposing on him.  

The question is how would you like to get back in the saddle for a little while. I will make sure they pay you well and give you a free hand in helping me.”

“What will it entail?”

“Well you know all of the stuff you used to do. Conducting legal research; preparing memoranda; preparing draft orders and opinions; you know all the things I don’t have time to do.”

She said. “That sounds like a full time job, it’s gonna interfere with my social life.”

“Well from what I hear you are just doing that stuff to keep from being bored anyway.”

“Yes, that might be the case but you get into it after a while.”

“I also heard there are some old Romeo’s after you.”

“Yeah, I have to admit I am being wooed a bit and it has stirred me up a little. I suppose I’m not over the hill just yet.”

“Well getting back to what we were talking about, are you available?”

“I suppose if you really need me I am.”

“Fine that’s settled. Come in tomorrow and check my schedule and keep me on track.”

“Okay I’ll be there by eight thirty.”

“Let’s see I have a meeting with some soon to be graduates from law school in an hour. Then I have a preliminary hearing on a robbery case. I had better get to the meeting with the hot shot soon to be lawyers it will be a very short lecture and then a few questions and I’m done.”

Go for the Money, Know your Judge
and be Prepared

“Well gentlemen I’m suppose to give you some advice that will help you with your career. The most important thing to know and do is go for the money.

Now don’t laugh, this is the number one thing to keep in mind. If you haven’t hooked up with the money people, you know an aggressive firm, then get to it. All the other stuff like serving the public is secondary.

The next thing is to get to know everything about the judge you are to appear before. That knowledge will help you play the judge and get the best result from your case. If you know how he will act on the points you are going to make then you can keep from alienating him. You will go farther if he is on your side and that is where you want him.

Then there is the final thing and that is always go prepared for most cases are lost due to poor preparation.

This is what being a lawyer is all about. Go for the money; know the Judge, and full preparation. Now I have given you the A, B, Cs it’s up to you whether you follow through or not. I wish I had time to hear all of your interesting questions but I have a case to hear shortly and I haven’t had lunch yet.”

The afternoon case involved a robbery where the suspect was apprehended. The Bailiff told Judge Paine it was time and he said. “Call things to order I’m ready to get this done with.”

When the Judge was seated he addressed the attorneys and said, “This is to be an evidentiary hearing and I have read your briefs. Do you have anything else to add before I render my decision?”

“No,”

“Well good I like it when you have covered all the points in the brief. Without going point by point there is enough evidence to hold the suspect over to trial. As soon as a judge is appointed to hear the case you will be notified as to when the trial setting conference will be held.

 

Make sure you attend it and the defense should know if the defendant wants a court trial or a jury. Come prepared and don’t waste the courts time.”

When Judge Paine arrived the next morning he said, “Sarah, let’s go eat and you can fill me in on what you have figured out so far.”

“Well so far I can see that you are getting the stuff the other Judges don’t want to handle. The cases are those that will not get any press and help their careers advance.

You have one today that no one wants to try because it has to do with one of the country club set. The son of one of the most prominent families has been caught dealing drugs.

The family lawyer has let it be known that the Judge that handles it better go easy on the boy or else.”

“Or else what?”

“That is as far as he went but all the Judges seem to have got the message so they kicked it down to you. They figure you; being retired would be able to handle it without being intimidated and it would let them off the hook.”

“So I’m to take all the fall out and they go Scott free… interesting. Sarah, get me the D.A. on the phone; by the way who is handling it”

“Joseph, John Joseph an assistant D. A. is the one and he has had a lot of pressure from the D.A. himself for he is a friend of the boy’s father. They want him to drop the charges and wipe it from the books.

Joseph has been also getting demands from some of the local groups not to give him special treatment because of his father’s influence in the community. He finally went ahead and charged him and is going to let the court take the blame for what to outcome is.”

“Oh, this sounds like fun. Well they have brought it to the right place, where are the briefs.”

“Where do you think, they are on your desk along with some research I’ve done. I’ve just got here so it isn’t as complete as it should be.”

“What time is the hearing set for?”

“In thirty minutes at ten thirty. If I were you I would postpone it for a month and see if the D.A. would make a deal for probation during that time and you would only have to okay the deal.”

“That sounds like a good idea. Call both parties and let them know what I’m going to do so they are forewarned.”

The court room was full of the boy’s friends to see what was going to happen. The Bailiff called the court room to order as Paine took the bench.

Judge Paine said, “Are the attorneys present?”

They both answered present your honor.

“Approach the bench. My clerk advised you of what I’m going to do?”

They both nodded yes.

“Okay return to your seats.” He then said. “This case is postponed until the first of next month at nine thirty. Is this agreeable to both parties?”

They both agreed.

“So ordered, then I will hear the next case. Meanwhile the defendant will remain in custody, and bail will be set at that time.”

Later that day one of the Judges came up to Paine and said, “You sure got out of that mess.”

Paine said, “Yeah, thanks to my clerk for she engineered the whole thing.”

“You have stirred up a hornet’s nest by not setting bail.”

“Not really they can assign another Judge to the case and they can release him on his own recognizance if they so desire.”

“Paine you sure know how to play the game.”

 

To be continued

 

JUDGE PAINE DAY TWO (CONTINUED)

May had a dream to attend Cooking School

 

“Come on May let’s eat.  I’m going to be hungry as soon as my stomach settles down.  Cases that are little more than foolishness cause my inwards to tense up and I need to relax in order to enjoy my meal.

Let’s sit in a booth for they are a little more private.  May said do you mind being seen with me?”

“No I don’t mind, I don’t care what people might think. You are pretty bold aren’t you Judge?”

“I don’t know, maybe, it’s just people don’t intimidate me. I live by my version of the big ten rules and my version is pretty close to what they say. Let’s have a small glass of wine for our stomach’s sake and we can chat for a bit before eating.”

After the wine was served he asked, “What is on your mind?”

“Judge did you mean it when you said I was better than what I was doing?”

“Sure and I meant it, you’re young and you shouldn’t be a sperm dump for men who just want to use you.”

“Well Judge I have thought about it and I think I agree with you.”

“Good, good, May that is the first step to starting a new life. You must start where you are and it is a step by step process.  Most girls are around thirteen or so and they want to be popular.

They start going to parties and dope or drink and start having sex with boys who say; “I love you.”  Those are magic words to a teenage girl needs to hear.  Eventually they get hooked with a pimp and then they are held captive by them for they say; “I love you.”

“That’s pretty much what happened to me. By the time I graduated I was pretty well alienated from my parents because they objected to my promiscuousness.  Instead of finishing college I worked in my Aunt’s restaurant as a chef. I was a chef in as much as I could read a recipe and follow directions.

Judge Paine I want out but my pimp won’t let me. I’m afraid if I try to leave he will kill me.”

“Okay I get the picture let’s eat and then we will solve your problem. How about a New York steak with the trimmings and some apple pie… sound alright?”

“I’m not hungry but that sounds great.”

Forty five minutes later the Judge said, “For someone who wasn’t hungry you did pretty well with that steak. Now to the problem, I need two pieces of information, one a name, and two an address. Write it down on a piece of paper with a description of the pimp. How long how have you been with him?”

“Let’s see… it has been three months now.”

“Just a question, do you have anything you want where you live?”

“No, not really. This is the only decent dress I have, all the rest are street hooker outfits. You know outfits that show almost everything.”

“We’ll forget about them for you won’t need them anymore. Temporally you will stay at my place and I will take you there as soon as we buy you some underwear and a dress or two.”

After the Judge got her settled in he made two phone calls. The first was to some rangers’ he served with in the service and the other to a cooking school on the west coast.

The rangers spent a day watching her pimp and figuring out a plan to deal with him. The next morning they crashed his door in and before he could respond they had his gun and him rolled up in a ball.

The two girls were told to curl up in a fetal position in the corner which they did.

One of the rangers asked the girls where he kept his money and they said under the mattress.

They threw the mattress off the bed and discovered several piles of hundreds there.

The pimp was trying to get free so they hit him on the head which put him to sleep. They asked the girls if they wanted to get out and they said yes.

They said, “Pack your bags and get ready to leave.”

The rangers gave the pimp a couple of licks that would take months to recover from along with a couple of broken arms. They placed the money in a case and with the girls in tow they left. At the airport they gave each girl five thousand dollars of the pimp’s money and a ticket to where they wanted to go; one went West and the other South.

The rangers told the girls as they were leaving “Get a life” and  then slipped away.

They called the Judge and said, “Everything had been taken care of.  The pimp had more money than what you would expect him to have.  He must owe some drug dealers a lot of money and they are going to be angry with him.”

They agreed to meet the next day and send May on her way. They gave her a ticket, double the money the other girls got, and the address of the Culinary school she had been enrolled in.

The rangers told the Judge there was a lot of money left and the Judge told them to keep it and take a vacation.

A year later May wrote the Judge that she had finished her training and had a good job in one of the cities finest restaurants. She also said she had met a man and they would be married shortly.

That evening Judge Paine relaxed and had a small cognac. As he sipped it he thought to himself, "Maybe I have done a little good in this old world." 

 

To be continued

JUDGE PAINE DAY TWO Chapter 2

“Good morning Joe the Bailiff what do you have for me today?”

“Well Judge it could be a half day or a full day depending on how it goes. We have a couple who are divorcing and they are fighting over the dog and to complicate matters they want a jury to decide who gets the dog.”

“Well sounds interesting. Give me about five and I’ll be ready to do battle.”

“One question Judge; why do you think they wanted a jury trial?”

“You listen as I question the attorneys and you’ll soon find out.”

Shortly, the Bailiff said, “All rise Judge Richard Paine presiding.”

A moment later he said; “You may be seated.”

The Judge went through the process of asking the things like if all the parties were here and then said, “I see both parties are represented by counsel so let’s get started. First off why did you request a jury trial for this matter?”

The two attorneys looked at each other for they never expected to be asked that question.

After a moment of silence the Judge said, “Let me tell you why! Some idiot in you office said for you to do this so you could get some experience in jury selection.”

He stared at them and said, “This is your first time doing a jury trial am I right?”

They hesitated for a moment and said, “Yes.”

Judge Paine said, “We could have been out of here in a few minutes but now we will be here the better part of the day and five times the cost.”

He said, “This is how it is going to work. Our jury pool is small and they have only allotted twelve jurors. We will use six and you can challenge six of them. You have read the question and the answers they gave so mark your numbers you want to have removed from the panel. Have the jury brought in please.”

He said, “Remain standing. Will the attorney for Mrs. Lister state the jurors’ number for challenge and we will remove them.”

The first lawyer said, “I challenge four, seven, and nine.”

The judge said, “Okay those names called are dismissed and we thank you for your service.  And now Mr. Lister’s attorney will do likewise.”

“Your Honor I wish to dismiss three, ten and twelve.”

The judge repeated the dismissal and said, “As soon as order is restored we shall begin.”  Now, who wants to start?  How about we begin with Mr. Lister’s slant on things? 

Attorney Smith, call your first witness to the stand.”

“I only have one witness and that is Mr. Lister himself.”

Mr. Lister just tell the story of how you came to have the dog in question.”

“Well Your Honor it was like this. I wasn’t working one afternoon and I joined some friends and had several beers during the afternoon. While walking home I saw this pup in the window of a pet shop. He looked lonely so I went in just to pet him and I ended up buying him.”

Smith asked; “You paid for the dog with your own money?”

“Yes.”

The attorney went on, “So your wife had nothing to do with the purchase of the animal.”

“No.”

“So the dog was and is yours.”

“Yes.”

“No more questions Your Honor.”

Mrs. Lister’s attorney Jones asked Mr. Lister, “You say it was your money.”

“Yes.”

“Do you understand that this state is a community property state?”

“I guess.”

“What does that mean to you? I guess it means we own everything together.”

“Does that include the money?”

“I guess.”

“So when you bought the dog you used Mrs. Lister’s money for half of the dog?”

“I guess but she wouldn’t have bought it and I did.”

Are you saying she wouldn’t have bought the dog because she wasn’t drunk and you were?”

“I don’t know, I guess.”

“A couple more questions Mr. Lister. The dog was sick when you brought it home wasn’t it?”

“Yes it was, they sold me a sick dog.”

“Who nursed the dog back to good health?”

“I guess she did.”

“That’s all Your Honor.”

“That’s all from both of you?”

“Yes Your Honor,” they said.

The judge said to the jury, “Before you retire to arrive at a verdict I would like for the Bailiff to bring the dog in.

Now I want each of you to walk up and pet the dog and then go stand by your seat. Now the dog knows you both are here and perhaps he can tell us who he wants to live with.  Bailiff; release the dog.”

The dog quickly raced to Mrs. Lister.

“Well it looks like the dog prefers Mrs. Lister. The jury can retire now and reach your decision.”

The jury foreman asked, “Your Honor may we have a minute?”

“Yes you may.”

The foreman said, “Your Honor we have reached a decision. The dog is to go with Mrs. Lister.”

“Thank you,” said Judge Paine, “I think you made the right decision you’re dismissed and thank you. As for you Lister’s, this should finalize your divorce and if the attorney’s will hand me the papers I will see that they are filed today and in six weeks you will receive the final decree.  

Now as for you two lawyers I have studied what you have been doing and it is obvious you have been milking these two for everything you could. You have delayed this action as much as you could so you could add on more and more charges.  You have received your last penny from them and if you have any bills yet unpaid, consider them paid in full.

 Now don’t say a word or I will have you brought up before the Bar Association. You may get out of here now and I hope I don’t ever see you again.

 As for you two Lister’s get out of here and take your dog with you.”  

 “Okay Joe the Bailiff is there anything else for today?”

“No your Honor, I think you have “did the deed” for today except for one item you may not want to deal with.”

“Maybe I should take your word for it,” said Judge Paine.

“Do you remember the young lady who was… what should I say; John less yesterday?”  

“Oh yes, you mean the prostitute, err May Bell I believe was her name.”

“Well… she is in the court room in the back and she wants to talk to you.”

“Good grief, okay bring her into my chambers I wonder what she wants I hope business isn’t bad and she ...”

“Well May what’s on your mind…? No wait I need to get a bad taste out of my mouth after that case I just finished so c’mon I’ll buy you some lunch.

Later will be continued

JUDGE PAINE Chapter 1

This is a short continued story that will be fun to read- -

 

 “Hello, Judge Paine?”

“Yea I reckon that’s me.”

“Judge this is Mayor Martel.  As you may have heard our courts are getting stacked up and we need someone to help us catch up with our cases.”

“Well Mayor as you know, I’m retired from the bench and am relieved not to have to hear all the woes of the city.”

“Yes I know but let me tell you, you are just what we need. You see we must have someone who has been a magistrate judge and has worked themselves up from being an attorney. An essential requirement is someone who has seen it all and is able to render rightful judgment without wasting a lot of the court’s time.”

“Well Paine said that sounds like me but if I wanted to be in a court room I would still be in my old position.”

“Well I can understand that but here you would be doing us a service and not wasting all the experience accumulated over all those years. Another thing is you would be handling every kind of case from felonies to traffic tickets. These are the kin of cases that are overwhelming the court.”

“How much are you willing to pay me?”

“Well I haven’t thought about money yet but it will be fair, why do you

 Ask?”

“Because that will tell me how important you think the job is. There is not much reason for me to think the job is important and to take it seriously if you don’t feel the same way.”

“The time will come when your opinion of the job can make the difference between being considered fair or not.”

“What do you mean by that judge?”

“Well I have always tried to treat everyone the same in my court and money or prestige wouldn’t gain any favor in my court room. So if someone of your social group had to appear before me they would be judged by the law not by their standing in the golf club.”

“I know what you mean Judge and there will be those who want you to overlook their trespasses. But in the name of fairness I am not one of them, all I want you to do is apply the law and let the chips fall where they fall.”

“Well I’m not too interested in doing this but to help you out I agree to take on a few cases. I’m still in good standing with the license board so when do you want me?”

“How about coming tomorrow and get acquainted with stuff coming up on the docket. Can you make it about nine?”

“Yes I guess I can make that alright.”

“Okay, see you tomorrow; meanwhile I’ll inform the court clerk that you will be handling some cases. It will be best if you will take cases no one else wants for one reason or another. As it happens in a town of this size there can be all kinds of attachments that can affect how one judges a case.”

 

“Good morning Judge, are you ready for some traffic cases?”

“Sure why not?” Judge Paine said.

 

Thirty minutes later Judge Pain had familiarized himself with his first case and mounted the bench. The first case was called; a case where a red light was ran and two persons were badly injured. Everyone was present and the prosecutor laid out the case against the young Shultz and asked for a fine and jail time.  The defense wanted all charges to be dropped.

 

Judge Paine said since this isn’t a jury trial it is my duty to render judgment and pass sentence if any is to be ordered. I have read the charges against you and am ready to render my judgment. He told the defendant to stand while the decision is rendered.

The judge said, “The fine will be $10,000 dollars and ten days in jail. He said judgment is based in part on past conduct and a deliberate action that resulted in bodily injury to two people.

You further know this is your fourth offence and so far you have got of with just a fine.”

“Listen up you old geezer nobody is putting me in jail don’t you know I’m big Jim Shultz’ son. I’ll give you a few bucks and that’s the end of it.”

The Judge spoke to little Jim’s attorney; “You better advise your client I won’t stand for this conduct in my court room. Instead of ten days in jail it will be thirty days in county.”

Little Jim had to be restrained and Judge Paine said, “I wasn’t finished with what I was saying. You will also be required to post a hundred thousand dollar bond for all expenses resulting from this violation of the law including medical for the injured parties. Whether they sue you for further damages will be up to them.”

This enraged Little Jim and he had to be removed from the court room as he threaten to hurt the judge.

Then Judge said, “For this further outrage the time in jail will be six months.”

His attorney said, “I would like him to be released on his own recognizance while appeal is made if you please.”

Judge Paine said, “I don’t please. He will sit in a cell if you want to appeal the ruling otherwise he will be transported to the county jail and start serving his time. This young man is completely out of control and you want the court to release this mad dog back into the community? No I don’t think so.”

 

“Bailiffs call the next case.”

This case Your Honor is an abuse case. Mr. Jamison is accused of beating his wife and assaulting two policemen when they tried to arrest him.

“Mr. Jamison I have read the report; what do you have to say for yourself.?”

Your Honor I don’t know what all the fuss is about for I was only defending myself from my wife and then the police who were going to beat me.”

“I see you don’t have an attorney and I feel compelled to advise you to get one.”

“I don’t need no x$%x attorney.”

“Very well my judgment is; you are guilty as stated in the report one charge is a felony and you are sentenced to three years in the penitentiary. You might get out in eighteen months if you behave yourself, officers take him away. We will break for fifteen minutes and then continue.”

After the break the Judge has returned and the bailiff called the next case.

“Your Honor this case is concerning the theft of a side of meat from Jones butcher shop.”

“Okay Mr. Lopez do you want a lawyer?”

“Your honor I have one but he isn’t here and I think he is drunk or doped up.”

“Why would you hire a drunk to represent you?”

“Well Your Honor he works real cheap and if it has been some time since he has represented someone and he is usually sober.”

“Alright do you want someone else?”

“No Your Honor I’m guilty and I just got caught.”

“Where is the side of meat now?”

“It is in a friend’s freezer and it is just like it was when I took it.”

“Can you give it back?”

“Yes sir, all I have to do is take Mr. Jones over there and he can have it back. Your honor, I was just hungry and I kinda lost my mind.”

“Is Jones here in the court room?”

“Yes Judge, I’m here.”

I want the two of you to come back into chambers for a chance to resolve this matter.

After a consolation with the two parties they returned to the court room and Judge Paine said, “I think we have worked this matter out. 

Mr. Lopez is going to return the side of meat and will work at the shop being supervised by Mr. Jones for one month. Mr. Jones will give Lopez enough meat to feed Lopez each day until the thirty days is up. After that it will be up to the two of them as to whether Lopez will be hired and be paid a salary.

 

The case will still be pending for the thirty days. Mr. Lopez I should throw you rear end in jail and if you ever do this or something like it again I will recommend you be put there. We already have too many people like you filling our jail system and that is the only reason I’m letting you work this out next case.”

 

The court calls Jennifer Anniston.

“Well Jenny how is it you have the same name as the movie star?’

“Simple she is doing pretty well with it so I thought I try it and see if it would do any thing for me.”

“You do have a real name don’t you?”

“Yes, how do you like May Bell Wagner?”

“That sounds alright to me it is better than my name which is Paine. You have an attorney, has he advised you of your rights?”

“Yes he has.”

“How do you plead?”

“For mercy I guess.”

“We will see about that later but now, guilty or not guilty.”

“Which is better Your Honor?”

“This is something for your attorney and you to decide.”

“Well Your Honor since you look like a kind gentleman so I believe, guilty.”

“It look’s like what we have is Prostitution and theft of a wallet with a hundred dollars missing. Did you take it May?”

“Well yes and no. you see my fee for services rendered was one hundred dollars and he didn’t want to pay up so I took it from him.”

“Where is the John?”

“He isn’t here Your Honor.”

“Why not?”

“As I understand it,” May’s lawyer said, “He didn’t want his wife to find out about his trifling conduct so he didn’t show.”

 

“Okay, the way I see it is the hundred dollars is for the service May performed and I have difficulty with the issue of prostitution.

If I could stop it altogether I would in a minute. It not only is sinful but it robs women of their dignity to the point where they defend what they are doing in order to have some sense of pride though it is perverted.

If I could go back in time and help this woman find a life where she could be loved and protected by a loving man I would do it. As things stand all I can do is say you are better than this and I hope you will realize it some day, case dismissed.”

 

“Any more cases Bailiff?”

 “No Judge that’s all for today.”

“In that case let’s go home.”

“Okay Judge, see you tomorrow.”

 

To be continued

ELLIOT JOHANSON STORY Chapter 15

Expecting Trouble

 

When I arrived home Sid met me and brought my horse Bob with my saddle on him.

I had a new carbine I bought and had put my six guns on just before the train pulled into the station.  When Sid saw me he smiled and said: “You expecting trouble?”

I said, “Always.”

He said, “We have to stop at the general store and as we went inside, a young girl about eight years old jumped on my back and started kissing me on the back of the neck.

Sid said, “Get off of him Lessee.”  I turned around and there stood a young gal that had grown at least four inches since I last saw her.

I picked her up and bearded her cheeks with her saying stop, stop it.  When we went outside there was Babe her horse with a saddle and a hackamore on him.  She said I bought the saddle with the money you sent me.

I could see she had become an accomplished rider and not some little girl who bounced around on the horse hanging onto the horse’s mane.  

Sid said, “Let’s stop at the stables for a minute.”  We went in at the back and Sid said, “I want you to slip out the rear and don’t be seen if you can help it I’ll meet you at the glades for I have some food stored there.  Keep a lookout for strangers and know they will shoot you on sight?”

“Shoot me on sight, what for?” I asked

“I will explain everything tomorrow just keep safe for now.”

I waited till Sid and Lessee had gone and then I slipped out the back and headed for the glades.  I had scarcely got out of the stables when I spotted two riders with their rifles out of the scabbards.  I touched Bob with my heels and he left the men in his dust.  I figured they would come on the run after me which would be a mistake.

As I suspected they followed me up in the glades where there are hundreds of narrow paths through the deep glades and it is easy to get confused like being in a maze.

As they followed me into the glades I saw them draw their guns.

A moment later we were winding around in a circle.  I hopped off Bob and as they passed by me I was up above them and asked why they were following me with their guns drawn.

They responded by trying to turn in the narrow passageway and shoot at me.

That was a mistake for a second later one was dead and I wounded the other so I could talk to him.  After a little persuading he told me all he knew and the story wasn’t a very happy one.

He didn’t know everything but he was one of the trusted guys.  As it turned out they knew I was coming and they had been told I was going to try to upset their plans so to do me in.

They had been sent out to eliminate me as a problem.  It seems Missy had hooked up with a gangster type and they saw an opportunity to make a lot of money very easily. It was a good thing Sid had warned me otherwise I wouldn’t have been expecting the trap they set for me.

When they arrived, with Missy’s help they took Clara, Lucy and Sid’s young boy and threaten to kill them if Mayfield and Sid didn’t do as they said.

They had eight or ten thugs with them who ran all the help off and just kept the cook there to feed them.  The stock was just left to wander with no one to watch over them.  

They had Mayfield and Sid in a position where they had to sign all our holdings over to them but they still needed me to sign off on the transaction.  Of course after it was signed off they were going to kill all of us even the kids.

I couldn’t believe Missy had changed that much but she was involved in it up to her neck.

I knew as soon as they found out I was still alive the whole bunch would be looking for me.  The one I wounded told me that the family was being held at the line shack with two men guarding them.  He said they were goin to kill them soon.

Unfortunately he was gone as soon as he told me all he knew.  I mounted Bob and headed to the line shack, stopping far enough away so they didn’t hear me approaching.

I waited until I knew how many there were and their positions.  As I suspected the man was lying for there were three men guarding them instead of two.

One was in the woods with a nice new rifle.  Silently I crept up behind him and my knife made short work of this thug who had killing on his mind.

The other two had to go down together and quickly otherwise someone might get hurt. I fired the dead man’s rifle and they both came running to see if he got me.  Since he had been so kind as to give me his rifle I put it to good use.  It sure hit with a lot of power for they scarcely heard the sound of the shots.

I took the folks to a cave in the glades where they would be safe.

Later that night I slipped into Sid’s house and told him his family was safe and where they were.  I told him to take the two horses I got from the first guys I eliminated which were hidden in the woods and to go join the family.

I said I would get Mayfield out as soon as I could. With everyone safe but Mayfield I wanted to rescue him without getting him killed.

Mayfield was in the ranch house where four more of the gang had showed up and that made it more complicated for Missy was in there also.  I wasn’t as concerned about her but I didn’t want her killed unnecessarily.

A couple of guards were watching the house with another thug in the barn.  The one in the barn was the first to go and then it took the rest of the night to get to the others.  

The next morning they were looking for the missing guards which I stashed in the barn under the hay. There was still three more left in the house and the best way to handle that was to wait.  

People get nervous and want to resolve this kind of problem.  Finally two of them came out blazing away which I thought was funny.  They were just shooting at nothing.  

 

My new rifle was shooting a little to the left so I compensated for that and got both of them dead center in the head. I was pretty proud of that for it was a difficult shot to make, twice.

After four more hours Missy and her new husband came out using Mayfield as a shield and challenged me to come out and fight.  I thought to myself, “Why should I for the outcome was a forgone conclusion. But why not, let’s have some fun.”

Missy with a gun in her hand saw me as I revealed myself and shouted, “There he is, kill him,” as she got off the first shot.

That did it for me; I shot through her and killed her man also.  Then I added a second shot for good measure.

Mayfield was confused for he had been pretty badly mistreated.  Sid and the family showed up the next day.  Clara couldn’t help being angry about Missy being shot but I did it in a moment of anger and was sorry I did it.

That night I spent waking up periodically and trying to make sense out of my life that was filled with violence.  I considered the difference between living on the ranch and being in Oregon.  By morning I came to a conclusion.

I gathered all of the families together and told them it was time for each of us to go our own way.  It was time to sell all our holdings and move on to somewhere else and put this phase of our life behind us.  

I wanted Buck and Bob my two riding horses and a half dozen or so of brood mares and a few personal items.  The rest should be sold.

Clara and Mayfield were ready to move on to the city.  Clarisse was pregnant and even though she was a ‘want-a-be’ society gal now they wanted to see their grand baby from time to time.

Sid said he knew where there was a small ranch in Tennessee that was big enough for him, Lucy, and the kids and a long way from some bad memories.

 

As for me I thought I would take another look at Oregon.  There all my violent nature was put behind me and it was only when I returned to the ranch the problems resurrected.

I know I will never let people run over me but I will be a lot slower to respond with violence.  Who knows, perhaps I might find the right woman…

 

Finish

 

 

Addendum

Some time has passed now.  Mayfield and Clara moved near where Clarisse, Dale her husband and two kids live.  Clara has never got over my shooting Missy (neither have I) but I had no other choice for she was shooting at me.

Dale’s folks went broke and now live in a small cottage (without servants) behind Clarisse and Dale.  They get by with her writing for a society magazine.  She still has style though without the money they once had.

Dale’s father does a little gardening to keep busy.  

 

As for Dale he has a job at a brokerage house.  A hard knocks classmate who no one would have anything to do with for he had to work his way through college became friendly with Dale after the society bunch dropped Dale and got him the job he now has.

Dale had a good education he just didn’t know what to do with it till now.

Dog now sleeps on the sofa instead of behind the stove.

Sid and Lucy made it to his place in Tennessee and have a couple more kids.

I was glad to be back to the Eugene area with my horses. Buck has sired several fine foals and looking for the opportunity to have some more. Bob my cattle horse is happily staying in eastern Oregon on a ranch where there are a lot of mustangs that need a Sire.

The other day I got the surprise of my life; the delivery man from the depot brought me a pup.  It seems Dog had found a lady friend and she had a large litter so I was the recipient of Dog Jr.

 

It has been two years now since I have put my guns away.  Slowly I am becoming a regular person with feelings.  Perhaps someday I will be able to trust myself enough to respond to one or more of the nice ladies in this part of the country.  

The ghosts of the past are slowly fading away and are haunting me less each day.  I still have hope for a life and hope is enough for now.