conscious. Jack stared hard at the wranglers. They quickly contained their enthusiasm.
“But, before I explain the law and make my ruling, we have to hear the claim of Deputy Marshal Jack Anthony Lopes.”
A noticeable groan could be heard from the man Mobley took to be the foreman. The other wranglers shifted about, looking everywhere but at Marsten, who sat like a stone.
“Deputy Marshal Jack Anthony Lopes claims that while defending himself and Circuit Judge Mobley F. Meadows from an attack by fifteen crazed and heavily armed Comancheros , aided and abetted by the fine horses negligently allowed to come into said Comancheros’ possession by Mr. Mitchell Marsten, his horse, a fine animal of impeccable breeding in a foreign land known for its spirited animals, was caused to and did die in the service of his master. Deputy Lopes prays that because of the negligence of Mr. Marsten, title to one of the forfeited animals be granted in his name as a replacement and compensation for the loss caused by the said Marsten’s negligence.”
“Is that about the gist of your counterclaim, Deputy?”
Jack shifted his attention slightly away from the wranglers, toward Mobley. “You have an undeniably clear way with words, Your Honor .”
“Fine. Now, my rulin’.”
The wranglers leaned forward, mouths open. Marsten looked hurt. The idea he might actually be responsible for the loss of Deputy Lopes’s horse had clearly come as a shock to him.
Mobley straightened himself up and stared off into space as if giving serious thought to the words he was about to speak. In order to emphasize the importance of the moment, he placed both hands on the pistols at his waist, tilting them forward in a resting position. The motion and its meaning were not lost on Mitchell Marsten. He leaned back and looked up expectantly. Most of the wranglers did likewise.
“The law in this matter is fairly clear. As to Mr. Marsten’s claim, he is correct. He is entitled to the return of his horses. According to accepted law in the State of Texas and in all other states to the best of my knowledge, title to stolen property cannot be legally passed to another. Therefore, since the Comanchero swine were not in proper possession of the horses, those horses could not legally be forfeited for the foul crimes committed. The order of forfeiture must therefore be, and is hereby, set aside. The seized property is ordered returned to claimant Mitchell Marsten, forthwith.” The wranglers jumped up and cheered, clapping and dancing around. Marsten sat and stared. He obviously knew there was more, and Mobley could see why. Jack Anthony Lopes would never accept the ruling as it now stood. The man had blood in his eye and was looking around carefully as he fingered the long rifle cradled in his arms. Marsten turned to look at his own weapons, just out of reach at the far end of the bench .
Mobley waited for the enthusiasm to wane. “Control your men, Mr. Marsten, or I will be forced to clear this courtroom of spectators.”
“Shut up, boys. Can’t you see the judge ain’t finished yet, damn it all .”
Marsten’s face paled. The silence became ominous and the wranglers promptly sat back down. Marsten’s foreman looked stricken.
Mobley stared hard at Marsten, his Wild Eye face coming on without conscious thought, from years of practice in courtrooms all over Tennessee. “I believe I warned you about profanity in my courtroom, Captain Marsten. That little outburst is going to cost you one hundred dollars.”
“Yes, sir. Sorry, your Honor.” Marsten hung his head.
“Very well, but keep in mind, the next fine will be five hundred dollars. After that, we start looking for a tree.”
Mobley paused for several seconds as he allowed this warning to sink in. He then realized everyone in his outdoor courtroom was holding their breath. He slowly allowed his face to unscrew and return to normal. Several of the men released their breath in a whoosh, others a
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