The late afternoon sun shone through the window of Judge Howard's chambers, bathing his face in warmth as he stared out the window and contemplated Shanna's story. In his mind, he pictured the young woman sitting behind him, still as water on a windless day, her only sign of agitation the supple, white-knuckled hands clasped tightly in her lap. Had she tried to justify her actions and place herself in a meritorious light in front of him, he would have had little sympathy. Instead, Shanna had explained the situation she had found herself and her little brother in after her mother's death in a clear, concise manner.
A couple of times, when she had explained her mother's affair and had to admit that Toby was aware of the situation, she had dropped her eyes, though never interrupted her story until it was finished.
Judge Howard swiveled around in his chair. "I assume you brought the letters you found in your mother's desk with you, Miss Van Alstyne."
Shanna nodded and reluctantly drew the letters from her pocket. Before she handed them across the desk, she made one request of the judge.
"My father has not seen these letters, sir. I don't wish for him to know the name of the man I'm searching for. In fact, my father doesn't even know that I've found out the man's name. He only knows that I'm aware of Toby not being his son, because we had a rather heated discussion one night, and he let that much slip."
"You haven't explained what you intend to do with your knowledge, Miss Van Alstyne."
Shanna took a deep breath. "That's the other thing I wanted to talk to you about privately — the reason I asked Dan to try to arrange an audience with you. I realize that, even if I'm cleared of the charge against me now, my father will fight me for custody of Toby in order to continue carrying out his vendetta against my mother.
"If you believe there is sufficient proof in my mother's letter to show that Toby is not my father's son, what chance will Toby's real father have of gaining custody of Toby? And, I might as well tell you that I intend to ask this man to marry me — so I can continue being a part of Toby's life, if the man does get custody."
"Do you have a copy of Toby's birth certificate?"
"Yes. It's with my mother's letter to me."
"Let me see your mother's letters."
Shanna handed over the letters and waited quietly while Judge Howard read the open one. After a moment, he looked up.
"THe other letter is still sealed."
"It's addressed to the man my mother loved. I didn't feel right prying into it."
"We'll leave it for now," Judge Howard agreed. "Then, what we have here is basically a dying woman's confession. I will tell you this much, Miss Van Alstyne. A document like that carries a lot of weight in a court, much on the order of a confession of a dying man who has killed or robbed someone. It's felt that the prospect of death brings out the need for truth and forgiveness in a person. However, that confession by itself wouldn't be sufficient for me to deny a legal parent his child."
"But what about the rest of it? The birth certificate? You can see that Mother put Mr. Randolph's name on it. And the lawyer told me Mother also left a hand-written Will, admitting Toby's paternity in it, too, and giving custody to this Mr. Randolph. He said he would file it in New York and send me a copy, whenever I contacted him to do that."
"I can see why you wanted to discuss this in private. Are you willing to face the scandal these documents will cause? In a custody hearing, they will have to be brought out."
"I don't have any choice. My father only wants to retain custody of Toby so he can ship him off again immediately to a boarding or military school. He's only doing it for vengeance against my mother."
"A lot of children are sent away to schools at an early age, Miss Van Alstyne. It doesn't necessarily mean they are unwanted and, in fact, most of them turn out to be solid citizens. We only have your word that your father is doing this because of his wife's adultery."
"But my mother herself was afraid of what would happen to Toby after her death! You can read that for yourself!"
"There is that," Judge Howard mused. "Custody is usually only denied a legal parent if the parent is proven unfit, Miss Van Alstyne. I'm sure your attorney in New York told you that, and so far you have no proof that your father is an unfit parent, other than his lack of wanting to keep the boy at home with him.
"However, there are mitigating circumstances here. You are facing that fact, aren't you, that all the law is on the side of this Mr. Randolph — that you have absolutely no claim on the boy yourself."
"Yes, sir."
"And you're willing to give up any chance you have to find love yourself? Marry this man, just so you can still stay with your brother?"
"Yes, sir. I promised Toby we'd stay together."
"Miss Van Alstyne, your little brother has no idea just what you're giving up on his behalf, as I'm sure you are aware. Have you really thought this through?"
"Yes, sir. You can't know how much I've thought about it."
"Then, your best legal right, Miss Van Alstyne, is to carry out your plan. If you can find this man — if he will admit to the truth of your mother's allegations — if he will fight for custody of Toby — if you marry him...."
Judge Howard chuckled softly. "That's a lot of ifs, I know, but I'm only telling you this because you already know where you stand as far as the law goes, in my court anyway. I can't promise what will happen if this goes back to New York. However, if Mr. Randolph comes to my court and asks for custody of his son, I feel I have enough evidence to grant him that, if you send for a copy of your mother's Will. And you will share that custody, of course, if you are Mr. Randolph's wife."
"Thank you," Shanna said. "But I guess this will all be beside the point, if your decision out there goes against me."
"I am still weighing the facts, Miss Van Alstyne. I can't make a final decision until I know everything." Judge Howard handed the letters back to Shanna. "I'll speak to your father now. Wait in the courtroom for me."
Shanna walked out of the small room and made her way to the table where Cody waited. He didn't speak, only pulled her chair out for her to sit. A second later, though, he reached beneath the table and took her hand in his.
Try as she might, Shanna couldn't bring herself to pull away. She gripped his hand tightly and closed her eyes, whispering one of the small prayers she had promised Zerelda she would say as her father stomped across the floor to enter Judge Howard's chambers.
Not one of the townspeople had left the courtroom during the time Shanna talked with Judge Howard. She wanted to turn around and thank each one who had testified for her, but a strange lethargy swept over her while she waited for the judge to return. She had done all she could — told him all she could. Now she could only wait until the judge made his decision.
Feeling a small hand on her left shoulder, Shanna opened her eyes and looked into Toby's face.
"Shanna, I...have to use the outhouse," he said.
Shanna dropped her eyes. "I can't take you, Toby. They won't let me leave right now."
"That's all right." Toby picked up her hand to pat it, slipping a piece of paper into her palm at the same time. "Dan will show me where it's at and take me."
Toby stepped away and Shanna glanced behind her to see one new face among the spectators. Susie James sat beside the sheriff's wife, and she dropped one eyelid in a surreptitious wink. Shanna managed a tiny smile and turned back around, adding the message to the pocket containing the letter to JT Randolph.
Ten minutes later, Judge Howard opened his door and ushered a red-faced Christian Van Alstyne into the courtroom. When Van Alstyne attempted to push through the swinging gate and enter the aisle, Judge Howard's whiplash voice stopped him.
"Mr. Van Alstyne! You will remain in this courtroom until I have voiced my verdict!"
"Why?" Van Alstyne turned with a snarl. "You made yourself clear in there. I don't have to stay here and be humiliated further!"
"Take your seat or I'll have the sheriff give you a seat over at the jail!"
Shanna glanced hopefully at Cody as her father strode to the table beside them. Cody gave her a reassuring hug, then urged Shanna to her feet as Judge Howard climbed onto his dais.
"I'll get right to the point," the judge said, "since I see Miss Van Alstyne is already on her feet and prepared to accept my judgment. I find the charges against her not only unfounded, but ridiculous. I find her not guilty of kidnapping her brother."
Though a murmur of agreement ran through the courtroom, everyone quieted when they realized Shanna was still standing, staring at Judge Howard.
"There is another matter connected to this, however, that must also be decided," Judge Howard said. "Toby Van Alstyne is too young to be on his own, obviously. I regret that my circuit is too busy at this point for me to take time to settle this related matter today. So, a month from now, we will hold court again and decide who Toby must live with. Until then, he will remain with his sister, Shanna Van Alstyne. That's all. Court dismissed."
Shanna's eyes blurred and tears streamed down her cheeks, but she ignored them as she turned to search for Toby. He sprang into her arms and they clung together, unaware of the tumult erupting in the courtroom around them. Finally Shanna reached out to Cody. A second later, she and Toby both were wrapped in Cody's arms.
"I...I don't know how to thank you," she said in a muffled voice as Cody held her against his chest. For this one last time, she told herself, she would allow herself to hold Cody close. Let everyone else think it was the emotion of the moment. Too soon, very soon now, she would never be able to feel his embrace again.
She had Toby, though, at least for a little while longer. Forcing herself with every bit of strength she could muster, Shanna pushed Cody away. Her hand lingered for just another second on Cody's trim waist as she drew it toward her, and she stored up the feeling to savor later, before she bent down again to Toby.
"We won, Shanna," Toby said excitedly. "We won. He didn't take you away from me."
Shanna hugged him close again. "No, he didn't, Toby. Not this time." She pushed him away and stroked the side of his face. "But you heard Judge Howard, Toby. He'll be back in a month, and we'll have to see him again."
"That's a long time, Shanna. You'll take care of that, too, when it happens. I know you will, Shanna."
"I'll try." Suddenly feeling a strange sensation crawl up her spine, Shanna glanced at the other table. Christian Van Alstyne met her gaze with a malevolent glare, sending Shanna's stomach plummeting with fear. He held her gaze for only a second, but it was long enough for Shanna to know her fight wasn't over yet. Nowhere near over.
Cody caught the direction of Shanna's stare and stepped between her and her father. "Let's go home, Shanna. Melinda and Bessie will want to hear the good news."
Home, Shanna's mind echoed. Would that the plantation could truly be mine and Toby's home, but it can't be.
Judge Howard's words in his private chamber ran through her mind, also, confirming the uselessness of Shanna's desperate desire.
However, if Mr. Randolph comes to my court and asks for custody of his son, I feel that I have enough evidence to grant him that, if you send for a copy of your mother's Will. And you will share that custody, of course, if you are his wife.