Hawk's Way: Rebels

by Joan Johnston

  At that moment the judge entered the courtroom, and the bailiff called, “All rise.”

  Cherry stood and reached for Billy’s hand as he reached for hers. They stood grim-lipped, stark-eyed, waiting for the worst, hoping for the best.

  “In the interest of keeping this hearing as open and frank as we can get it,” the judge began, “I think the minor children should wait outside. Is there someone who can take care of them?”

  Jewel popped up in back. “I will, Your Honor.”

  “Very well. The children will leave the courtroom and remain outside until I call for them.”

  “Why do we have to leave, Daddy?” Raejean asked, her brow furrowed.

  “Because the judge said so,” Billy answered.

  “I don’t want to go,” Annie said, clinging to Cherry’s skirt.

  “It’s all right, Annie,” Cherry said. “It’s only for a little while. We’ll all be together again soon.”

  She hoped.

  Cherry prayed that the girls wouldn’t make a scene in front of the judge, proving Cherry and Billy couldn’t control their children. To her immense relief, they allowed Jewel to take their hands and lead them from the courtroom.

  “This is a hearing to decide whether Mr. Stonecreek’s two minor children should be taken away from him and given to their grandparents,” the judge began solemnly. “I would like the petitioners to explain in their own words why they are seeking custody of their grandchildren.”

  “It’s simple, Your Honor,” Mrs. Trask said as she rose to her feet. “Billy Stonecreek is an inadequate and irresponsible parent who is doing irreparable harm to my grandchildren by neglecting them. He also happens to be a drunken brawler without an ounce of self-respect. It’s a well-known fact that his kind can’t hold their liquor.”

  “His kind?” the judge inquired.

  “Billy Stonecreek’s mother was an Indian, Your Honor,” Mrs. Trask replied disdainfully.

  The judge’s brows arrowed down between his eyes, but all he said was, “Please continue.”

  “My former son-in-law has instigated several free-for-alls over the past year since my daughter’s death, for which he has been repeatedly jailed. As you can plainly see from the condition of his face, he hasn’t reformed his behavior over time.

  “He has subjected my granddaughters to a series of housekeepers who come and go. His latest act of idiocy was to marry an eighteen-year-old high school dropout, who was a juvenile delinquent herself.”

  Billy had remained silent during Penelope’s attack on him. When she started on Cherry, he couldn’t sit still for it. “Wait one damn minute—”

  “Sit down, Mr. Stonecreek,” the judge admonished. “You’ll have a chance to speak your piece.”

  Penelope shot Billy a smug smile and continued. “This pitiful excuse for a father doesn’t have the time, money, or inclination to give his children the things they need. On the other hand, Mr. Trask and I are ready, willing, and able to provide a secure and stable home for our grandchildren.”

  “Is there anything else?” the judge asked.

  Mrs. Trask hesitated before she said, “I believe Billy Stonecreek is responsible for my daughter, Laura’s, death, Your Honor.”

  The judge raised a disbelieving brow.

  “He didn’t kill her with his bare hands,” Mrs. Trask said. “But he made her so unhappy that…that she took her own life.”

  Cherry bounced up and said, “That’s not true, Your Honor!”

  The judge made a disgruntled sound. “Young lady—”

  “Please, Your Honor. You have to let me speak,” Cherry pleaded.

  The judge turned to Mrs. Trask and said, “Are you finished, Mrs. Trask?”

  “I am, Your Honor.” She sat down as regally as a queen reclaiming her throne.

  “Very well, then. Proceed, Mrs. Stonecreek.”

  “It simply isn’t true that Billy is responsible for Laura’s death.”

  “Cherry, don’t,” Billy muttered.

  Cherry looked Billy in the eye and said, “I have to tell them, Billy. It’s the only way.”

  When he lowered his gaze, she turned to face the judge. “Laura Stonecreek didn’t commit suicide, Your Honor. She was involved in a tragic automobile accident. She was unhappy, all right—because she wanted to have more children, but wasn’t medically able to carry another child to term. On the day she had her fatal accident, Laura miscarried a child for the second time.”

  An audible gasp could be heard from the other table.

  “Billy didn’t want her to take the risk of getting pregnant anymore. When Laura left the house that day she was despondent, but not because Billy didn’t love her enough. It was because he loved her too much to take the chance of losing her by getting her pregnant again.

  “Billy Stonecreek is the most gentle, most kind, and considerate man I know. He’s a wonderful father to his girls, and they love him dearly. If you could only see him with them, giving them a bath, reading a story to them, kissing them good-night. They trust him to take care of them always. It would be a travesty to separate them.”

  “What you say is all to the good, Mrs. Stonecreek,” the judge said. “But I’m concerned about your husband’s propensity to physical violence. I’m especially concerned to see his condition today. I would think he would have avoided this sort of behavior, when he knew he would be appearing before this court.”

  Cherry felt miserable. Billy had refused to tell her why he had gotten into another fight. And he had said he would do it again. She could understand the judge’s point. There was nothing she could say to defend Billy, except, “He’s a good man, Your Honor. He loves his children. Please don’t take them away from him.”

  “Excuse me, Your Honor.”

  Cherry turned at the sound of her father’s voice. Zach was standing, waiting to be recognized by the judge.

  “What is it, Zach?”

  Cherry was surprised to hear the judge call her father by his first name until she remembered what Billy had said when he married her. The Whitelaws were well known around this part of Texas. It appeared Zach had a personal acquaintance with the judge.

  “I can explain the cause of Billy’s most recent altercation, if the court will allow it.”

  The two lawyers conferred hastily at the Trasks’ table before one rose to say, “I object, Your Honor. Mr. Whitelaw has no standing to get involved in this case.”

  “I’m the grandfather of those little girls, too, Your Honor,” Zach said. “My daughter hasn’t adopted them yet, but that’s only a formality. I know she loves them as though they were already her own.”

  Cherry’s throat thickened with emotion.

  “I see no reason why I shouldn’t allow Mr. Whitelaw to make his point, Counsel,” the judge said. “Especially in light of the consequences if I rule against Mr. Stonecreek. I’d like to hear an explanation for this most recent fight—if there is one. Go ahead, Zach.”

  “First let me say that I did not initially approve of my daughter’s marriage. I thought she was too young, and I knew Billy Stonecreek’s reputation for getting into trouble. I thought he would be a bad influence on her.”

  Cherry felt her heart sinking. Nothing her father had said so far was the least bit helpful to Billy. In fact, it was as though he had dug the hole deeper.

  “However,” Zach said, “I’ve since changed my mind. I did enough checking to find out that my son-in-law is a hardworking, church-going man who spends most of his free time with his children. With three notable exceptions—all occurring since his wife’s tragic death—he has been an outstanding citizen of this community.

  “Although my son-in-law chose to start those three fights over the past year in bars, no one I talked to has ever seen him the least bit drunk. He has never hurt anyone seriously, and he has always paid for whatever damages there were. I know that doesn’t excuse him entirely.”

  “Or at all,” the judge interjected. “What I’d like to know is why Mr. Stonecreek st
arted those fights.”

  “Only Billy himself knows the answer to that question. If I were guessing, I’d say he was a young man in a lot of pain and looking for a way to ease it.”

  “Then he chose the wrong way,” the judge said. “All this is very interesting, but it doesn’t explain why he was fighting within days of this hearing.”

  “To defend his wife’s honor,” Zach said.

  Cherry’s glance shot to Billy. He lowered his gaze to avoid hers, and a flush spread high on his cheekbones.

  “I’m listening,” the judge said.

  “I was in Estes’s Hardware Store yesterday when Billy came in. He picked up what he needed and went to the counter to pay. Ray Estes stood at the register and began making abusive, slanderous comments about my daughter, Cherry, in front of several other men, friends of Ray’s, who were also waiting for service.

  “Billy asked Ray to stop, but Ray continued provoking him, saying things to sully my daughter’s reputation that no man could stand by and let another man say about his wife. Even then, Billy didn’t throw the first punch.

  “He told Ray he didn’t want to fight, that he knew Ray was only mad because of what had happened the night Billy had kept him from assaulting Cherry. Billy said he would forget the insults if Ray would say he was sorry and hadn’t meant what he’d said. Billy wanted the words taken back.

  “Ray called Billy a coward, said he only fought men who were drunk. Even then, Your Honor, Billy kept his hands to himself. His fists were white-knuckled, but he didn’t launch a blow.

  “That’s when Ray shoved him backward, and one of Ray’s friends tripped him so he fell. Ray came over the counter and kicked him hard, while he was down. That was when Billy came up swinging. Ray’s friends held his arms, so Ray could go at him. That’s when he got the black eye.

  “To tell you the truth, Your Honor, I took a few swings at those fellows myself. So you see, Billy tried to avoid a fight. He only got involved when it was a clear matter of self-defense.”

  Cherry gave her father a grateful look as he sat down, then met Billy’s dark-eyed gaze. She reached for his hand under the table and clasped it tight. “Oh, Billy,” she whispered. “Why didn’t you tell me?”

  “I shouldn’t have let Ray provoke me,” Billy muttered. “But I couldn’t let him get away with saying those ugly things about you. I couldn’t, Cherry.”

  She squeezed his hand. “It’s all right, Billy. Surely the judge won’t blame you now that he’s heard the truth.”

  “I’ll concede Mr. Stonecreek may have been provoked beyond endurance in this case,” the judge said, confirming Cherry’s hope. “The courts have conceded there are such things as ‘fighting words’ to which a man may respond justifiably with violence. And I’ll take into consideration your suggestion that Mr. Stonecreek’s other forays into fisticuffs may have been motivated by something other than drunkenness,” the judge said.

  “However,” he continued, “I am concerned by several of Mrs. Trask’s other accusations. Especially those concerning Mrs. Stonecreek’s past behavior and her ability to function as a capable mother to two little girls.”

  “I’d like to speak on my wife’s behalf, if I may,” Billy said, rising to face the judge.

  “Very well, Mr. Stonecreek,” the judge replied.

  “My daughters are lucky to have someone as wonderful as Cherry to be their mother,” Billy said. “I feel myself fortunate to have her for my wife. Cherry was expelled from school for something she didn’t do. Since then, she’s taken care of Raejean and Annie during the day and gone to school every night to make up the classes she needs for graduation. I have every confidence that she’ll complete her education with high marks and receive her diploma.”

  “I wasn’t questioning your wife’s intelligence,” the judge said gently. “I’m more concerned about her maturity, her sense of responsibility, the example she’ll set for the children.”

  Cherry saw Billy’s Adam’s apple bob as he swallowed hard. She wished she had led a different life. What could he say to defend her? She had been a troublemaker all her life. There was some truth in everything Mrs. Trask had said about her.

  “I think Cherry’s actions speak for themselves. My daughters are happy, healthy, and well-adjusted. Cherry treats them as though they were her own flesh and blood. You see, Your Honor, she knows what it feels like to lose your parents at a young age. She knows how important it is to make a child feel safe and secure and loved. That’s what Cherry offers my children. Unconditional love. There’s nothing more important to a child than knowing they’re loved, is there, Your Honor?”

  The judge cleared his throat. “Yes, well, that’s true, of course.”

  “But, Your Honor,” Mrs. Trask protested, seeing the tide shifting. “The same young woman whose merits Billy is extolling spent time in a juvenile detention facility. The fact remains, she was expelled from school. And she’s only eighteen years old!”

  “I will take all of that into consideration, Mrs. Trask,” the judge promised. “Does anyone have anything further to say? Very well. I will need some time in chambers to deliberate this matter. I’ll have a decision for you shortly. Court is recessed.”

  “All rise,” the bailiff commanded.

  Cherry rose on shaky legs and grabbed hold of Billy’s hand for support. They had done all they could—which seemed precious little—to convince the judge they would be good parents. But was it enough?

  One thing had become clear to Cherry. It wasn’t only the children she was afraid to lose. She was afraid of losing Billy, too.

  He had only married her temporarily to have a mother for his children. What role would there be for her in his life if his children were taken from him? Would she only be a painful reminder of what he had lost?

  Cherry looked into Billy’s eyes, all her fears naked for him to see. Do you love me, Billy? If it weren’t for the children, would you still want me for your wife?

  And found the reassurance she sought.

  His love was visible in the reassuring warmth of his gaze, in the way he held firmly, supportively, to her hand, in the way he had defended her in court.

  Without a word, Billy rose and pulled her into his embrace. His arms closed tight around her. “Don’t leave me, Cherry,” he whispered in her ear.

  “I’m not going anywhere,” she promised.

  “I want us to be together forever.”

  “Forever? But—”

  “No matter what happens here today, I want you with me. I love you, Cherry.”

  “I love you, too, Billy.”

  They held each other tight, offering strength and solace, parting only as the twins came hurtling down the aisle to greet them. Raejean leapt into Billy’s arms, while Cherry scooped up Annie.

  “Jewel says we have lots of aunts and uncles and cousins,” Raejean announced. “Zillions of them!”

  Cherry laughed. “Not quite that many.”

  “How many?” Annie asked.

  “I don’t know, exactly,” Cherry said. “But lots.”

  “Can we go on a picnic now?” Raejean asked.

  “Not yet,” Billy said. “Soon.”

  “We have to go home first and change our clothes,” Cherry reminded her.

  “Can we leave now?” Annie asked. “Is the judge all done?”

  “Almost,” Cherry said. “He wants to think about things a little while before he makes up his mind.”

  “Makes up his mind about what?” Raejean asked.

  Cherry and Billy exchanged a tormented glance.

  Makes up his mind about whether to take you away from us.

  Billy’s heart had been thundering in his chest ever since the hearing began. He felt himself on the verge of panic, and the only thing he had to hang on to was Cherry’s hand. So far, he had protected his daughters from knowing about the desperate courtroom struggle that would decide their future.

  This morning, as he and Cherry had sipped coffee together at dawn, he had decid
ed that even if the Trasks won custody, he would do his best to make the transition as amicable as possible. Surely the judge wouldn’t deny him visitation rights, and he would continue to have a strong and loving relationship with his children.

  Only, if there was one thing Billy had learned in this life, it was that there were no guarantees. He was terrified the judge would rule against him. He was terrified the Trasks would try to bar him from all contact with his children.

  Right now he felt like taking Raejean and Annie and Cherry and running as far and as fast as he could. Fortunately, Cherry’s family came to the rail that separated the spectators from the litigants, all of them talking at once, making escape impossible, even if he had succumbed to the urge.

  He felt a hand on his shoulder and turned to find Zach Whitelaw standing behind him.

  “I want to thank you for your words of support, sir,” Billy said.

  “It was my pleasure, son. I never had a chance to congratulate you on your wedding. I expect you to take good care of my daughter.”

  Billy would have answered if his jaw hadn’t been clenched to keep his chin from quivering with emotion. Instead, he gave a jerky nod.

  “The judge is coming back already, Dad,” Colt said. “Wasn’t it supposed to take longer?”

  It had already been too long, as far as Billy was concerned, although he realized it had only been a matter of minutes since the judge had left the courtroom.

  “We’d better get back to our seats,” Zach said.

  Billy was afraid to send his daughters away, afraid they weren’t going to be his when he saw them again.

  “All rise,” the bailiff said.

  Jewel was leading the children out of the courtroom when the judge said, “The children can stay.”

  Billy exchanged a quick look with Cherry and quickly gathered Raejean and Annie into the circle of his arms in front of him.

  Cherry gave him a quavery smile. “Surely it’s a good sign that the judge let them stay,” she whispered as she slipped her arm around his waist. It was questionable who was supporting whom.