Date: Thu, 6 May 2010 11:41:57 -0600 From: dnrock@rock.com Subject: Chinook 7 Chinook by: dnrock(dnrock@rock.com) Edited by Matt Templer Dear reader: I know this is shorter than usual. It will be clear when you read it why this is. 7: Means, Ends and Justifications The court hearing was held in early July. The judge thought it most strange that: Revenue Canada, Crown Attorney and legal council for Children's Services, Miss Black and Charley Black, Dr. Evers, and Harland Sr. were all in the audience. The Rundle's attorney objected but since the applicant, that's Royce did not object, the Child Advocate and Junior also agreed, she allowed them to stay. Junior was most eloquent in his desire for the boys to remain involved in the process. The judge took Rom and Cliff into her chambers for a brief private conference. That made them feel like they were being listened to, also. All of the adoption objections save one, were quickly dealt with and dismissed as foolish, unsupported or down right lies. The judge was not happy and warned the Rundle's attorney that they were pushing the courts patience with unfounded, unsupported, libelous speculations. On the last major point, that of the rights of the grandparents, Mr. Rundle had to speak. Junior asked him if he had not already given up those supposed rights in his letter to Jewely. He claimed he had never written any letter to her, not even knowing that she or the boys existed before that Spring. Junior then called the man, "a bald faced liar," saying "I will prove it and reminded you, you are under oath." Not being a criminal trial but a Family Court hearing, things were a bit more relaxed. Junior then read from Clark's journal about his leaving home because his father refused to let him attend university and purposefully prevented the boy's applications for admission and for scholarships, for which he qualified, to be sent in on time. He produced copies of Clark's high school transcripts. He made note of the dates. The old man had to admit he had done that, to keep the boy where he belonged - on the farm. Clark' journal also talked about his father telling him if he left he was disowned and should never come back. Mr. Rundle finely had to admit he had said those things but he thought Clark knew he could always come back. He kept insisting Clark never contacted him again and he never knew if the boy was alive or dead. "Clark's journal mentions letters, cards and phone calls that were unanswered, by you, his mother and his sisters, uncles and aunts," said Junior. "I guess he was just making that up or perhaps the only way he could come back was on his knees begging forgiveness." Junior was pushing a bit but no one responded. Junior then produced a copy of Mr. Rundle's father-in-law's will naming Clark to receive 100% of the mineral rights and or royalties from the land near Medicine Hat and his son, that is Clark's maternal uncle, to receive the farm. Clark's mother and his granddaughters were to receive money. Junior noted the date the will was read. It was about a year after Clark left home. Then he produced the wedding invitation list, showing clearly that his parents had been invited and didn't attend their son's wedding. "Okay", the old man relented, "I did get the invitation but chose to ignore it, feeling a non-church wedding was not legitimate." And he did fail to inform his son about his inheritance at that time, he very reluctantly admitted. Junior presented a copy of the marriage certificate and the boy's birth certificates. "While you may not agree, the Province of Alberta considers this marriage legal and these boys as Clark's sons and heirs to his estate." Next Junior presented the copy of Jewely's letter and her father-in-law's response. At first Mr. Rundle denied receiving Jewely's letter but had to admit the response was in his hand and signed by him. "Okay, I did know Clark was dead and that I had two grandsons," He tried to make excuses for his comments and denials in the letter, but yes he did say those things. "Clifford and Romer do not wish to ascribe any motives to your actions or lack of them, so lets just let the facts speak for themselves," Junior admonished. Junior then produced the royalty agreement and a complete statement of accounts from Black Petroleum. Now the old man and Mrs. Rundle were squirming. Junior was enjoying this, perhaps a bit to much. However he kept his professional face and voice in tact. "So you proceeded to cash those checks and use the money, even though they were made out to Clark and failed to inform him, or his estate of those assets; leaving these boys and their mother to be supported by their own means and eventually social services, when Mrs. Rundle's health began to fail?" asked Junior. Mr. Rundle hung his head and answered, "Yes." By then it was apparent why some of the visitors were in the courtroom. It was also apparent why the Rundle's wanted the boys. Mrs. Rundle was crying. Junior explained the trust agreement he had reached with Black Petroleum, making sure to point out they had always acted in good faith and were not a party to the deception or misappropriations. At that point the judge stopped the proceedings. "I will rule right here and now in favor of Mr. Ever's petition for adoption. In addition, the boys will be known by the surname Evers from this day forward. Any rights the grandparents or other relatives may have had are extinguished forthwith. If the crown wishes to proceed with charges against the Rundle's, the transcript from this hearing is available as is the evidence entered before this court." The boys were ecstatic when Cliff explained to Rom what all that meant. The lawyers were in a huddle with the Crown and Tax boys. Harland pushed Royce forward toward the Rundles, "Do your duty Son." Royce came up to them and introduced the boys. "You know all you ever had to do was come forward." "Royce!" Harland barked. "After this settles down, why don't you come to Calgary and visit Jewely and the boys, especially Jewely; she won't be with us much longer and these boys should get to know you as people, not courtroom players," Royce said. Cliff was not pleased with what was being said but he held his peace and played the role of the respectful young man that he was. Grandpa had told him many times already, "Evers don't talk the talk, they just walk the walk". Rom was his generous, bubbly self smiling at these strangers. "If you come to Grandpa Evers' ranch I'll show you my pony," he bubbled in an attempt to lighten the somber mood. Mr. Rundle smiled and ruffed Rom's hair, saying that was a good idea. Mrs. Rundle just kept sobbing and repeating that they looked so much like Clark. The Crown was willing to stay charges of fraud and theft if the Rundle's would make full restoration to the boys and Jewely. The tax boys were less generous but would work with the lawyers to be sure the government had received its full due. The Children's Services people wanted all the assistance they had paid out refunded from current income but Junior and Harvey got them to agree to a share of the repayment scheme. "These people can't just come up with that much money at once. We don't want to force them into a position that serves no one. Taking payments from current income is a penalty against the victim," Junior said. It turned out that the Rundle's had used most of the money to pay off their farm related debts and finance the farms for Clark's sisters families. Junior would arrange for the boy's trust to hold mortgages on the lands at going bank rates. From what he had read in Clark's journal, that would probably be what he would have approved. The fall out did not quite stop there. One assistant deputy minister was demoted and moved to a different department and the Cardston District Director was reassigned to a far northern district. Clark's journal had a long entry, dated just before he died, addressed to his boys. Royce only read the first couple of paragraphs and when he realized what it was, he stopped. That was personal between a father and the sons who would never know him. Royce knew that eventually he would be asked to explain how a parent could reject his or her child. A question, for which he had no good or rational answer. It was obvious that Clark had been a kind and gentle man. He was smart and worked hard. He was thoughtful and honest. He was determined to never again be in a position of beholding to anyone. Royce found no entries to indicate any hard feelings or anger toward Clark's parents. He did find entries that spoke strongly against organized religions and hypocrisy. He found entries admonishing himself to be rational, not to rationalize. Royce was sure, this man had he lived and had they ever met, would have been someone he would gladly call friend. Royce's thoughts drifted. "This above all, to thine own self be true, And it must follow, as the night the day, Thou canst not then be false to any man." (Polonius in Hamlet, Act 1 Scene 3) He remembered this, he reflected upon it. If nothing else, he would teach it to his sons by word and deed.