Chapter 13

“Who is it?” Merry was working on some decorations on the mantel.

“It’s Roy. Seems he’s here a day early for the wedding.” Adam had gone to the door when he heard a horse outside because they weren’t expecting anyone. Ben and Hoss had gone to town to pick up things for the wedding the next day. Joe was resting upstairs. Roy walked up to the open door and Adam welcomed him.

“Now, you may want to take that welcome back after what I gotta do. Adam and Merry, I have to serve papers on ya. Drew’s grandparents from California have filed to get custody of him saying you two are not fit parents for the boy. There’s going to be a hearing on Monday. Now I’m supposed to put Drew in someone else’s custody until the hearing decides where he’s gonna go.”

“Roy, you are not taking that boy from here. He’s had enough trouble in his life.” Adam was speaking softly but forcefully. Drew was in the kitchen helping Hop Sing bake a wedding cake. Mostly he was watching of course because he was fascinated by all the things Hop Sing did in the kitchen, and because he never interfered, Hop Sing liked having him in there.

“Now, I didn’t say I was gonna do that. I saw your Pa in town and I gave custody to him. Now I hope that’s all right with you. You better talk to a lawyer right quick though because this is moving along pretty fast. Someone must have made some pretty strong allegations against you.”

After making sure that Drew was all right in Hop Sing’s care and giving a quick summary to Joe, Adam and Merry headed to town. What had been such a happy day was again tense and stressful. Merry had to wonder when they could just relax and have fun. They met with the family attorney in town and laid out everything as far as they could explain. They had no idea what allegations had been made and would have to wait until Monday to find out. Drew’s grandparents were staying at a hotel in town, but they were advised to stay away from them so that there could be no additional misunderstandings. Their lawyer said he thought the best witness would be Drew, but that Adam and Merry could be called as witnesses as well and would have to answer all questions put to them.

On Sunday, Paul and Roy made a point of sitting with the Cartwrights in church to show support. Then on Monday as Adam and Merry arrived for the hearing, Roy and Paul were there again as was the minister and a group of prominent citizens that their lawyer had contacted. If there was a need for character witnesses, there would be plenty. Ben arrived with Drew right after Adam and Merry. Hoss and Joe rode with them. In the courtroom, the spectators were all Cartwright family, friends, and supporters. That could not have been lost on the jury.

Sitting with a lawyer at the other table were Dwayne’s parents. As petitioners, they had to make their case. The first person the lawyer called was Adam. Inside, Adam was boiling when the barrage of questions hit him, but on the outside, he remained calm and answered every question with sincerity even when asked about situations with Regan Miller and Melinda Banning. He was asked about gunfights he had been in such as with Poole. He was questioned about his relationship with the Paiute. He was asked to explain each time that he had been shot. The lawyer spent a lot of time on his shooting of Ross trying to make it appear that Adam may have been at fault for Delphine’s death. Then he really hit hard asking Adam to name every man he had ever shot. Finally he finished up that line of interrogation with questions about Peter Kane and how he died. The he tried to rattle him by asking him about shooting Merry’s father and Rebecca Waverly. It was clear he had done some research on Adam, but a lot of it was to shake him and try to get him to get angry or slip up in his answers. It almost happened when he asked Adam if he had relations with women to whom he was not married. He asked then if that included Merry. Then he established that when Merry moved to the Ponderosa, she was not married to Adam nor betrothed. Adam had to answer truthfully, and the grandparents were sitting rather smugly when the questions finished.

Standing slowly and surveying the courtroom, Adam’s lawyer asked the judge for some leeway in asking questions. The judge gave provisional approval but said he would withdraw that if the lawyer abused his leniency.
“Your Honor, I have a question for the men in this courtroom. I would like a show of hands of the men in here who have not had relations with a woman before marriage. I would like to let them know if they raise their hand, I will swear them in as a witness and question them under oath.”

“Very well, ask your question.”

As the question was asked, there were a lot of men looking around the room but only the minister raised his hand. Every other man there looked a little sheepishly at the others but knew he had a lot of company. Hoss and Joe glanced over at their father who steadfastly refused to meet their looks.

“Now, I would like to ask if there is anyone in this courtroom who would not shoot if shot at.”

“Very well, ask your question.”

That time not even the minister raised his hand. The judge told Adam’s lawyer, Mr. Hodgson that he had made his point and could continue. He asked Adam only a few questions.

“Why did you shoot people?”

“Because they were shooting at or threatening me or others.”

“Have you ever had relations with a woman against her will or in any way in a public display or breaking any other law?”

“No, because women deserve respect and kindness. I would never do anything to hurt a woman.”

“Why did you want to take Drew into your home?”

“Because he was Merry’s nephew. I love her, and I wanted to help her family if I could.”

“And now why are you in court to keep custody of him?”

“Because I love him. He’s my son now, and I want only the best for him.”

There was no cross-examination. The petitioners’ lawyer called Drew up to the stand next. The judge asked Drew if he was all right sitting there and being questioned. Drew had a question for the judge.

“If I answer the questions, then can I stay with Papa and Mama?”

“Do you mean Adam and Merry when you ask that?”

“Yes sir. They’re my new Mama and Papa. My first Mama and Papa went to heaven. I still love them, you know, but they aren’t here to love me back like my new parents.”

“Now Drew, do you know what it means to swear to tell the truth?”

“I’m not supposed to swear, sir, because Papa said that could mean a good talking to. But I know the truth is telling what really happened and not making up a story.”

“Very well then. Drew, I want you to answer every question with the truth. Can you do that?”

“Yes sir, I can do that.”

“Very well, then, gentlemen, ask the boy your questions but I want you to remember he is only seven years old. I will not tolerate any abuse of this boy in my courtroom.”

Drew raised his hand then. When the judge called on him, he had a statement to make. “Sir, I’m almost eight years old now.” The judge smiled and thanked him for the information.

With a smile, the petitioners’ attorney approached Drew. “Can you tell us where you sleep?”

“I have my own room, but sometimes I sleep with Adam.”

“And where does your Aunt Merry sleep?”

“She has a room too, but sometimes she sleeps in Adam’s bed too.” The petitioners’ lawyer sat down then thinking he had made his point.

Because Ben had mentioned this once to Roy and was overheard, the story had gotten around town. Knowing that, Adam and Merry had explained it to their attorney thinking that if the petition alleged unfit parents, that incident might be in there. Mr. Hodgson stood and asked Drew to explain under what circumstances he had slept with Adam.

“Well the first night I was at the house, I was really scared, so he let me sleep beside him. He sang me some songs real soft like, and he told me stories. He didn’t use a book or nothing, but it was just like reading a story. Sometimes yet I still get afraid and Adam holds me and helps me fall asleep.”

“Could you please explain what you meant when you said that sometimes Merry sleeps in Adam’s bed too?”

“Well that first night I was there when I was so sad, Merry was sad too because my Mama was her sister. She was crying and Adam said she could stay next to him too. He said she should wrap herself in the blanket that was at the end of the bed and stay on top of the covers because they weren’t married. All three of us were in the same bed. It was kinda crowded but I didn’t want to leave. I felt safe there. Then the night Uncle Joe was shot, Adam let me sleep in his bed while he sat with Uncle Joe. Merry came in to talk with me, and she fell asleep so we were both sleeping in Adam’s bed but he wasn’t there. He went and slept in her bed later because I saw him come out of that room the next morning.”

Adam held his breath on that one hoping that Drew would say no more. He didn’t because at his age, he thought it was all very innocent so he explained it that way. Adam smiled at him on the stand, and Drew smiled back.

“Drew, would you tell us where you usually sleep now?”

“Well since Adam and Merry got married, they sleep in the room she had. Adam let me move into his old room, and he left a lot of his stuff in there because he said we could share it. A lot of his books are in there, and he said I could read them if I was careful with them. I am careful with books all the time because I like to read even if some of those books are too hard for me. Someday, I’ll read them, but right now, Adam reads some of them to me.”

There wasn’t much the petitioners’ lawyer could do after that but he made one last stab at it on redirect.

“Don’t you think that you would want parents who are married to each other?”

“Yes, sir, I would.”

“Then wouldn’t you rather live with your grandparents who are married?”

“But Adam and Merry are married. I got to stand next to Adam when he married her. The minister asked me for the ring when it was time. I handed it to him, and he gave it to Merry when they said they wanted to marry each other. Then they kissed, but not very long. We had a nice party. I helped Hop Sing with the cake, but he did most of it. He showed me how to make little red buttons out of frosting, and I got to put those on the cake.”

Looking at the minister who was sitting next to Ben and because the witness had mentioned it twice, the judge had one question. “Reverend, is that true? They’re married?”

“Yes, Your Honor, I had the privilege of officiating at their wedding. They plan to have a party in June to celebrate and will be renewing their vows in church at that time.”

Looking pointedly at the petitioners and their attorney, the judge asked if they had anything else because otherwise he was ready to rule on their petition. They didn’t and he ruled in favor of Adam and Merry granting them an adoption of Andrew. Then he had an important question for them.

“Where did you get all this information that you used to try to break apart this family?”

“We got a letter, Your Honor, telling us terrible things about them.”

“Who sent you the letter?”

“A Mrs. Elaine Waverly, Your Honor.”

With a frown and a harrumph, the judge explained that she was in jail awaiting trial for murder, extortion, and conspiracy among other charges. He suggested that they owed Adam and Merry a great apology. Adam’s lawyer walked over to explain to them who the boy’s father actually was and anyone could see how devastated they were by that information. He stayed with them for quite a while explaining everything that had happened. They left on the next stage. Adam was home with his whole family by then as they celebrated Drew’s formal admission to the family.