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.