Mobley's Law, A Mobley Meadows Novel by Gerald Lane Summers Page B

simple sigh.
    Mobley looked back down at his book, as if in deep concentration. In reality, he was trying desperately to control his desire to grin. He then spoke slowly, his voice lowered.
    “Deputy Marshal Lopes’s claim is based on fundamental principles of fairness handed down from England and adopted here in the earliest days of our dear republic. The United States of America and the great State of Texas fully accept these principles.”
    Again pausing for effect as he scanned the faces of the expectant horsemen, Mobley decided to raise his voice slightly. “Day before yesterday, Deputy Marshal Jack Anthony Lopes had a horse. A fine well bred animal. Yesterday, a gang of ruthless, rotten scum out of Hades arrived, mounted well on the animals previous stolen from Captain Marsten. After a long chase and a bloody battle, during which time Deputy Lopes faithfully and successfully defended the court, even though at the time it was not his sworn duty to do so, Deputy Lopes’s horse was caused to and did die on this here field of honor.
    Now, Captain Marsten ain’t really at fault here, although he was, as he admits, not as diligent in the care and supervision of his animals as he might have been. Deputy Marshal Lopes is undeniably innocent of all wrongdoing, but he is still without his beloved horse or any other animal at all with which to continue his good works. It ain’t right.”
    The wranglers looked mortified. Being without a horse was a terrible thing. Marsten’s face fell slack. He dropped his head once again.
    “The principle of law applicable, and which I intend to apply, was devised as the best way to resolve disputes between two equally innocent parties, one of whom has been damaged by the act of a willful criminal who is then unable to respond. In this case, that would be the despicable Comancheros Deputy Lopes so kindly assisted on their way to perdition.
    “In cases such as this, the loss is thought best to fall upon the man first in position to have prevented the foul deed. That man in this case is judged to be the good Captain Marsten, since he failed to take sufficient care of his horses and allowed them to become stole in the first place. Clearly, Deputy Lopes did everything in his power to prevent the death and departure of his own fine animal.”
    The wranglers cheered. Marsten’s anger flared. “Shut up. Da— dang your hides .”
    Mobley glanced menacingly at Captain Marsten. “My rulin’ is that Deputy Marshal Jack Anthony Lopes receive judgment against Captain Mitchell Marsten in the amount of the cost of one fine, well bred, distinguished horse. Estimated value of one thousand dollars .”
    Marsten gasped. That was more than twice what any of his horses were worth and likely a great deal more than he had brought along on this trip.
    Mobley smiled at Marsten and nodded slightly to Jack. There was no way he was going to allow the black stallion to go back to the Marsten ranch. His method might be a little underhanded, but necessary for the good of the court and everyone concerned. Mobley thought of it as simple equity. It was the right thing to do.
    “Captain Marsten may pay the award in cash now, or in kind, by allowing the good deputy to select his own horse from those just released from forfeiture. Which do you prefer, Captain Marsten?”
    “You mean you’re giving me a choice?”
    “Yes.”
    Marsten shifted uncomfortably, lifting one bun and then the other in a slow rocking motion. “Well, it seems I’m over a barrel. I don’t have that kind of money on me, so let the man have his horse and we’ll be done with it.”
    Marsten waved his hand toward the grazing Arabians. “Take your pick, Marshal.”
    “Good. I shall enter the transaction in the book and convey title to the horse to Deputy Lopes. Now, exactly how much money do you have on you, Captain Marsten?”
    Marsten drew himself up, back now stiff. “Why do you want to know that?”
    “Because you have already been fined