Chapter XVI #3
Her eyes burned, and she knew she had to pull herself together.
She had to speak. Had to convince this man to help.
She opened her mouth again and forced the words around the lump in her throat.
“It’s Henry. He’s gone.” She dragged in a breath after the last word, preparing to explain further, but Judge Matthews closed his eyes and fell back in his chair.
“How?”
“They think it was a heart attack.” Mae’s grip tightened on the envelope.
Judge Matthews opened his eyes. “Henry? A heart attack?” His brow furrowed as his eyes narrowed on her.
Mae nodded.
“I’m so sorry, Mae. Please, if there’s anything I can do…” His eyes softened while he leaned forward again.
This was it. She needed his help. “They have taken Simon,” she blurted. Mae felt a flutter in her chest, and she pressed her lips together into a line. She felt her eyes fill with unshed tears, and Judge Matthews became blurry.
“Simon? Who took Simon?”
Mae closed her eyes for an extra beat, tilting her back slightly.
She willed the tears to stay in her eyes.
This was no time for emotion. “The courts. He was picked up for truancy while I was putting Henry’s affairs in order.
They remanded him to the Foundling House and now he is on the orphan train.
” Mae stifled a sob as the envelope crunched between her hands.
“When… But…” Judge Matthews’s mouth hung open after each word.
Mae explained the situation haltingly. Judge Matthews’s face whitened as she recounted the details. Mae saw that with each name she put forth, his countenance tightened slightly more. Judge Matthews asked in a breathy tone, “Who was the presiding judge?”
“Judge Darnell.”
Judge Matthews’s eyebrows rose quickly before slamming back down.
Any warmth of friendship was replaced by the steely resolve of a judge.
He sucked in a breath and averted his eyes from Mae, focusing instead on his library of books to her right.
“I’ve drafted a motion,” she began again.
“For reunification based on the 1902 Children’s Court statute, the lack of attestations, and several other cases. ”
Judge Matthews rested his elbows on the arms of his chair, steepling his fingers in front of him. “Mae…” he interrupted her. “Once he is out of New York, any filing in this state is inapplicable.”
In the back of her mind, she knew this, but it still didn’t make the information land any easier.
She felt a single tear slide down her cheek and quickly scrubbed it away.
“There must be something we can do,” she implored, her voice laced with steel.
“I am boarding the train to Kansas tomorrow morning. If I can get there before he is adopted out, I can argue for a stay.”
Judge Matthews sat quietly, his eyes holding sympathy for her situation, but not suggesting any hope.
“Please, George,” Mae hoped her use of his first name would remind him of Henry’s friendship, “maybe if you draft a stay or submit my motion, it would help to sway the judge in Topeka to consider its validity and take the same position.”
Judge Matthews closed his eyes again. “This is a very serious situation, Mae.” He lowered his voice. “There may be more to it than meets the eye.” His gaze bore into hers. Mae wondered if his words held more than just judicial meaning.
“The custody cards at the library—they were removed…” she breathed.
He stood abruptly and walked over to the door.
As he closed it softly, he continued, “I am not surprised. There have been rumors about ‘misplaced’ case files when they pertain to certain cases. Many of those cases move with unusual speed, Mae—and unusual silence. Once the paperwork is complete, it's as if the children were never there to begin with…” His voice trailed off as his eyes focused on his desk. After a moment, his gaze lifted to meet hers. “If it will help to retrieve Simon, I will draft a stay for you based on the lack of attestations and failure to notify. It won’t be binding, but it will show on paper that Simon was removed without notice. I owe at least that much to Henry.”
“Thank you, George.” Her tensed muscles relaxed infinitesimally.
“Mae…” His voice took on a solemn tone. “I can’t promise that this will help. It will lack authority outside of this jurisdiction. The judge may not be swayed by argument.”
“It will get my foot in the door,” Mae said. “I have to believe that the judge will uphold the law as Henry saw it. If I can get them to listen to me, I can force the error into the record.”
Judge Matthews cleared his throat. “You must argue that if the original removal in New York was procedurally defective, then Kansas cannot lawfully sever your parental rights. Attack the foundation, Mae. If the foundation falls, everything built upon it falls.” He reached his hands out to hold Mae’s free hand.
His hands were cold as they encompassed Mae’s small fingers.
“Godspeed, Mae. I will have my orders drafted for you while you wait. Please be careful and don’t show the order to anyone before arriving in Kansas.
And Mae—if anyone greets you by name—leave. ”