Date: Sun, 19 Aug 2012 22:18:52 -0700
From: B.E. Kelley <hailcaesar2011@hotmail.com>
Subject: The Foundling Chapter 16

This story is a work of FICTION. The events described are my own invention.
Any similarities to actual events or persons are strictly coincidental. The
author retains the copyright, and any other rights, to this original story.
You may not publish it or any part of it without my explicit authorization.

This story contains depictions of consensual sexual acts between teenage
males.  It is intended for mature audiences only.  If you find this type of
material offensive or if you are under the legal age to read said material;
please proceed no further.

Comments are always welcome at: hailcaesar2011@hotmail.com

The Foundling
Chapter 16: Do I Stay or Do I Go

With Avery out of the woods, I had to return to school.  The only place
where gossip travels faster than a small town is a small town high
school. When I walked in that first day, I was swamped by people asking me
what happened, how Avery was doing, what was going to happen to Richard
Dockins etc... It was more attention then I wanted so I told most of them
that Tim had been the hero, having saved both Avery and I from the wrath of
Dockins.  Tim ate up the attention, especially from the small circle of
girls who hung on his every word and followed him wherever he went.

I did my best to focus on my hearing that Friday.  George released Avery
from the hospital on Tuesday and ordered total bed rest for at least a
week.  When I wasn't at school, I was at Avery's house, bringing him his
homework or going over my testimony with his mother.  Marsha had brought
all of her files to the house, so that she could look after Avery.  Her
secretary set up shop in the dining room and Marsha grilled me with the
kinds of questions I could expect from the Blair's attorney.  To say I was
nervous was an understatement.

I'm a very shy person, I know that sounds strange considering my
performance on the piano at Christmas and my skill at diving, a sport that
puts me on a platform for everyone to see in a swimsuit skimpier then my
underwear, but I was terrified of taking the stand and talking about my
feelings.  What made it worse was that Marsha would sometimes get tough
with her questions, which she was right to do, the Blair's attorney could
ask me anything, but that didn't stop it from scaring me.  When the day
finally arrived, I was doing everything I could just to hold my breakfast
down.

I got up that morning and put on a nice navy blue suit, then headed down to
the breakfast table where once again, the family was dressed for a day in
court, prepared to support me no matter what.  It was quiet while we ate; I
think everyone's mind was preoccupied by what could happen if things didn't
go right today.  I have to give credit to George; he came up with a great
idea to help me relax.  The state swimming championship would also be
taking place today, and though I was still angry that I wouldn't be able to
compete, I had grown close to my team mates and jumped at the chance to see
them off, when George suggested it.

The team was just boarding the bus when we pulled up in front of the
school.  The first person I saw was Coach Spencer, who clapped me on the
back and gave me a hug for luck.

"Good luck today kid, we're going to miss you in Concord," said Coach
Spencer.

"Good luck to you to Coach, I know you guys are going to do great," I
replied.

Coach smiled then started to load the team onto the bus; I shook everyone's
hand and wished them well, until I got to Tim and Robbie.

"You guys had a great season, no matter what happens today, you're
champions in my book," I said.

"Thanks Benji," said Tim, "I just wish you and Avery were coming with us."

"Yeah, it's not going to be the same without you guys," said Robbie.

"I know, I wish we were coming to, but we can't so you guys are just going
to have to kick ass for us," I smiled.

"I hope everything goes ok in court today, we don't want you to leave,"
said Tim.

"Thanks, but whatever happens, we're friends for life now, after all, we've
done battle together," I laughed.

That made Tim and Robbie smile and hopefully put them at ease.  I had to
remember that they must be nervous also; after all, they were on their way
to the state championship.  I hugged my friends, wished them luck but all
too soon it was time for them to go.  We drove over to the courthouse,
where Marsha greeted us with Mr. Carson.  I wished Avery could be there but
he had to stay in bed, the last thing I wanted was for him to irritate his
injuries by being jostled around or bumped by some klutz.

We took our seats in the courtroom, George and Nancy at the defendant's
table with Marsha and Mr. Carson, me and the boys sitting behind them in
the front row.  The courtroom seemed crowded, there were certainly more
people then there had been for Joe Harper's sentencing, and the room buzzed
with activity.  I was busy looking around and listening to other people's
chit chat, when Uncle Brian and Auntie Liz walked in with their attorney,
and stopped right next to me.

"Good morning Benji," said Uncle Brian, "It's nice to see you again."

I glared at him.  I didn't want to be pleasant, I wanted to be left alone,
I thought of all of this as his fault.  Seeing them also made me feel more
nervous, it's like their presence made this all the more real, like it was
really happening, they really were trying to take me away from the family
I've grown to love.  I latched on to Dylan, Jamie is usually the one I
reach out to for comfort and support, but Dylan is big and strong, and I
knew he'd protect me, even if it was just from my own fear.

"Well," said Uncle Brian, "we can talk later."

He and his wife joined their attorney at the plaintiff's table, and a few
moments later, the judge walked in.  We stood as he entered, he asked us to
be seated, he said a few words about why we were there and then it was time
to begin.

"The purpose of this hearing today, is to decide whether or not to proceed
to a full trial or dismiss the suit brought by the plaintiff," said Judge
Donavan, "I've read the briefs presented by both sides; I will now allow
each of you to present one witness before I make my ruling.  Mr. Franklin,
you may proceed."

The Blair's attorney, Mr. Franklin, stood and buttoned his suit coat.

"Your honor, I'd like to call Mr. Brian Blair to the stand," said
Mr. Franklin.

Uncle Brian walked to the witness stand and took his seat.  The bailiff
swore him in, he took a drink of water and then his lawyer started to ask
him questions.

"Mr. Blair, can you tell the court how you met Benjamin Tyson II?" asked
Mr. Franklin.

"We met on our first day at college," said Uncle Brian, "I dropped a box
and Ben stopped to help me, it turned out he was in the dorm room across
from mine and we struck up a friendship."

"Would you say that you were good friends?" asked Mr. Franklin.

"No, I'd say we were best friends," said Uncle Brian, "we were inseparable,
we did everything together, we rushed our fraternity together, chased
girls, played sports, you name it."

"And did this relationship continue after school?" asked Mr. Franklin.

"Yes, we worked in the same field, and our families remained close, our
wives were sorority sisters and we saw each other several times a month at
different social events," said Uncle Brian.

"And what about Benjamin III, what's your relationship with him?" asked
Mr. Franklin.

"I was there the day he was born," Uncle Brian smiled, "Ben and Leslie were
so happy, they'd always wanted a child but they'd had problems, Benji was
their miracle baby.  We watched him grow up, our families spent holidays
together, Ben and I took our boys to baseball games, we always went to the
annual Harvard, Yale game, we even took the boys camping a few times.
Those are happy memories."

"That's all well and good Mr. Blair, it's easy to be there for the good
times but what about the bad times," said Mr. Franklin, "Leslie Tyson was
killed in a car accident, Benjamin lost his father a few years later, how
did this affect your relationship?"

"If anything, it brought us closer," said Uncle Brian, "we helped Ben take
care of Benji, it was hard for him, being a single parent and traveling so
much with his job, Benji used to stay with us when his dad was away."

"Mr. Blair, where were you when Benjamin Tyson was killed?"

"Switzerland, I'd been working there for about six months, at the time,"
said Uncle Brian.

"And what was your reaction when you found out about his death?"

"I was devastated, he was my best friend, we'd seen each other a month
before in Berlin, while we were both there on business.  We'd had dinner,
talked about the kids and planned to get our families together this
summer."

"He was your best friend, you'd been close to him for years and yet you
waited all these months before making contact with his son, can you explain
this delay?"

"Unfortunately we didn't find out about Ben's murder for weeks after it
happened, when we did, our attorney advised us to stay away, that there
wasn't much we could do while we were in Europe," said Uncle Brian.

"Mr. Blair, why do you think you and your wife should be awarded custody?"

"We love Benji, we've known him all his life, it's weighed heavily on our
hearts, we came back from Switzerland because we want to give him a home
where our memories of his parents can be a part of his life.

"Thank you Mr. Blair, no further questions," said Mr. Franklin.

Marsha had predicted this, the Blair's attorney was trying to make them
appear sympathetic and I have to admit, it was a good strategy.  Even my
feelings softened a bit, I did have good memories of Uncle Brian and Auntie
Liz, they were fixtures in our lives and I'd even enjoyed going to those
games and camping trips with Preston.  He wasn't so bad when we were little
boys.

"Mrs. Spencer, you may examine the witness," said Judge Donavan.

"Mr. Blair, you say that you and your wife wish to provide a good home to
Benji, correct?" said Marsha.

"Yes, that's correct," said Uncle Brian.

"But you waited until your best friend had been dead for three months
before ever contacting his son, is that the kind of thing a best friend
does?" she asked.

"Like I said, we were advised to keep our distance," said Uncle Brian.

"Right, you said your lawyer advised you that there wasn't much you could
do from Europe," said Marsha, "Does that mean you couldn't call, couldn't
ask how he was doing, couldn't say you were sorry about his father?"

"Well, again, we didn't want to upset him," said Uncle Brian, looking a
little flustered.

I looked over at Mr. Franklin; he looked a little agitated himself.  I
think the big city Boston attorney expected the New Hampshire soccer mom to
be a push over, he was quickly learning that she was more of a pit bull.

"Once again Mr. Blair, you say you want to provide a home for Benji, where
he can talk to you and your wife, so you can share your memories of his
parents," said Marsha.

"Yes, that's true, we feel we have a lot to offer him in that regard," said
Uncle Brian.

"Uh huh, and where is it that you live, Mr. Blair?" she asked.

"In Boston," said Uncle Brian.

"Mr. Blair, where does your son Preston go to school?" asked Marsha.

"Objection," shouted Mr. Franklin, "relevance?"

"Your honor, the plaintiff's principal argument is that he can provide a
good home for Benji, I think the kind of home life he currently provides to
his own son is relevant to that argument," said Marsha.

"Overruled, you may proceed, Mrs. Spencer," said Judge Donavan, "Mr. Blair,
you will answer the question."

"The Hill School," said Uncle Brian, "Preston attends The Hill School."

"The Hill School, that's an excellent school, but Pottstown Pennsylvania is
a long way from Boston Massachusetts, isn't it?" asked Marsha.

"Well, yes, I suppose it is," said Uncle Brian.

"You don't see Preston every day, do you?" asked Marsha.

"No, obviously not," said Uncle Brian, getting testy.

"Don't go to his sporting events, don't go to any recital's or plays?"
asked Marsha.

"We attend what we can," said Uncle Brian.

"And when, Mr. Blair, would you plan to send Benji to The Hill School,
should you be granted custody?" asked Marsha.

"That would be up to him, if and when he was ready," said Uncle Brian.

"I see," said Marsha, pulling a document from a file on the table in front
of her and handing it to Uncle Brian.

"Mr. Blair, can you describe that document I just handed you?"

"It's a tuition invoice from The Hill School," he explained, turning pale.

"And what term does it say on the document?" she followed.

"Next fall," Uncle Brian practically whispered.

"Can you read the name of the student this invoice is for?" asked Marsha.

"Benjamin E. Tyson III," said Uncle Brian.

"So let me get this straight Mr. Blair, it would be up to Benji to decide
when he wanted to return to boarding school, as long as it's next term?"
said Marsha.

"Objection," shouted Mr. Franklin.

"Withdrawn, no further questions your honor," said Marsha.

"Very well, Mr. Blair, you may step down," said Judge Donavan,
"Mrs. Spencer, you may call your witness."

"Your honor, the defendant calls Benjamin E. Tyson III," said Marsha.

I felt more confident after Mrs. Spencer's cross examination of Uncle
Brian, she'd torn him to bits, but I was still nervous.  I took my seat in
the witness box, swore to tell the truth and then settled in for the
questions.

"Benji, can you tell me what happened when you lost your dad?" asked
Marsha.

"I woke up at the Prescott's, my wrist was broken and I had a big bump on
my head, I didn't really know who I was at first," I explained.

"Who took care of you?" said Marsha.

"George and Nancy," I replied.

"They tended to your injuries, fed you, clothed you and so forth?" she
asked.

"Yes, but they also comforted me, they hugged me and told me everything
would be ok," I sniffled, choking up a bit, "they made all of the
arrangements for my dad's funeral for me and helped me get through the
worst time in my life."

"So not only did they tend to your physical health but also your mental
well being?" asked Marsha.

"Yes ma'am," I agreed.

"After your father's funeral, your family attorney, Mr. Todd Carson, gave
you some options, didn't he?" asked Marsha.

"Yes, he asked me if I wanted to go back to Choate or if there was a family
friend that I might want to live with," I stated.

"And what did you tell him?" asked Marsha.

"I asked him to make arrangements for me to stay with George and Nancy," I
replied.

"What about your father's friends, the Blair's?" asked Marsha, "They were
close to your family, did you consider asking Mr. Carson to contact them?"

"No, it never crossed my mind," I stated.

"Why not? They are after all, your father's closest friends," said Marsha.

"Because, I like it here, I like being part of a family and I wanted to
stay in Tyson's Corner so that I'd be close to my parents," I sniffled.

"You don't think that you'd feel the same way at the Blair's?" said Marsha.

"No, I don't want to go back to a boarding school, if I did I would have
gone back to Choate," I explained.

"Thank you Benji, your witness," said Marsha, handing the questioning off
to Mr. Franklin.

I was really scared, no matter how hard I tried to prepare for this, I
couldn't help but feel intimidated by the lawyer and I was afraid I'd say
something that would ruin everything.  Just when I needed reassurance the
most, the courtroom door opened and a tall blond with his arm in a sling
limped to the front row and took a seat next to my family.  Avery smiled
and set my mind at ease, I sat up in my chair and felt ready to take
whatever might be coming.

"Benjamin, can you tell us how you got that black eye?" asked Mr. Franklin,
catching me off guard.

"I-I was in a fight at school last week," I answered.

"A fight, what happened?" asked Mr. Franklin.

"The school bully was beating my friend, I tried to stop him and he punched
me," I explained.

"Was that the first time you'd had a run in with this bully?" asked
Mr. Franklin.

"No sir, he doesn't like me, we've had a couple of run ins," I explained.

"Has he ever hit you before?" asked Mr. Franklin.

"Once, the first time I met him," I answered.

"I see, and had you ever been in a fight before?" he asked.

"No sir."

"So in all the time you attended private school, you'd never been in a
fight, but you got into one the first day at your public school?" asked
Mr. Franklin.

"Yes sir, that's true."

"Don't you think you'd be better off at a private school?" he asked.

"No, the school had nothing to do with that bully, it's not the school's
fault he had a problem with me," I explained.

"Benjamin, wouldn't you rather be with your Uncle Brian and Aunt Liz then
with complete strangers?" asked Mr. Franklin.

"Don't call them that," I stated forcefully.

"But that's what they are, aren't they? Strangers who you didn't know from
Adam before this tragedy, correct?"

"Maybe that's how things started but they're not strangers now.  They've
been here for me every step of the way, they've given me a home and a
family and I don't want to leave them.  You're not trying to take me away
from strangers, they're my mom and dad," I exclaimed.

"Your honor, I have no further questions," said Mr. Franklin.

"Very well, court will be in recess while I consider a decision," said
Judge Donavan.

Mr. Franklin didn't have many options, Marsha had shredded Uncle Brian's
testimony and he couldn't get rough with me like he could an adult.  He'd
really stepped in it with that question about who I would rather live with.
After the judge dismissed me, I walked off of the witness stand and
straight over to my family and Avery.  I hugged him gently so as not to
hurt his wounded bones.

"What are you doing here?" I asked.

"I couldn't miss your big day, could I?" he smiled.

"Avery, you're not supposed to be out of bed," I replied.

"I know, but I had to come and make sure you were ok," said Avery.

"I'm ok, did you see your mom, she was amazing," I stated.

"I missed that part but duh, my mom rules," Avery smiled.

"How did you even get her?" I asked.

"Cousin Amber, she gave me a ride," smiled Avery.

After that, my family hugged me and we sat together on our side of the
courtroom.  The Blair's and their attorney were huddled in a corner talking
quietly.  After a half an hour, the judge came back into the courtroom and
took the bench.

"I've weighed the merits of this case carefully.  On the one hand we have
family friends who knew Benjamin Tyson II and could be a resource for his
son, on the other; we have the family who has taken him in and given him a
loving home all these months.  In the final analysis, Benjamin Tyson III is
almost 15 years old and I believe he's old enough to decide this matter on
his own.  It's clear to me what his choice is so I am dismissing the suit
brought by Brian and Elizabeth Blair and further, I am approving the
defendants request for the legal adoption of Benjamin Tyson III by George
and Nancy Prescott.  So ordered," said Judge Donavan, with a bang of his
gavel.

Avery hugged me then Dylan and Jamie, finally George and Nancy.  I felt
like a million bucks, I was overjoyed by the result, it was like the weight
of the world had been lifted from my shoulders, I wanted to shout my
happiness from the roof tops.  I thanked Mr. Carson for coming up and I
especially thanked Mrs. Spencer, she was amazing, she'd torn the Blair's
case to ribbons.  We filed out of the court and I felt bathed in the warmth
of my family, then I saw the Blair's.

Uncle Brian and Auntie Liz were sitting in their Mercedes, he had his head
down, against the wheel, and she seemed to be comforting him.  I couldn't
hate them anymore, I realized that they weren't trying to hurt me, they
loved my parents and wanted to honor them by taking care of me.  Yes the
court had made its ruling but this was a family squabble and it wouldn't be
over until I ended it properly.  I disengaged myself from my family and
friends, then walked over and knocked on Uncle Brian's window.

"Hi," said Uncle Brian, unrolling his window, he looked to be wiping tears
from his eyes.

"I'm sorry I don't want to come live with you," I stated.

"It's alright, we should have listened to you," said Uncle Brian, "You're a
big boy, you're capable of deciding where you want to live."

"Just because I don't want to live with you, doesn't mean I don't love
you," I explained.

"We know that darling," said Auntie Liz, "none of this is your fault, we
should have just let you be."

"Would it be alright if I came to visit you sometime?" I asked.

"Really, you'd like that?" asked Uncle Brian.

"Yes, I would, you're still my parents best friends, I don't have to live
with you for us to be close," I explained.

"We would like that very much sweetheart," said Auntie Liz, "you're welcome
anytime you'd like to come down."

"Thanks, that means a lot to me," I smiled.

"We better get going," said Uncle Brian, "Your family's waiting for you."

I reached into the window and gave him a hug, he returned it warmly and
then I watched them drive away.  I stood there watching their taillights in
the distance, until Nancy walked over and put her arm around my shoulder.

"Are you ok?" she asked.

"Yeah mom, I'm just fine," I smiled.

We were rejoined by the rest of the family and our friends, it was still
early in the day and we talked about going to lunch when Avery made a
point.

"It's too bad we can't get down to Concord, your event doesn't start for
another hour," said Avery.

"Yeah, I guess it just wasn't meant to be," I explained, "I hate missing
the tournament but I wouldn't trade this moment for anything, I'm so glad
this is over."

"What's this about a tournament?" asked Mr. Carson.

"Benji and Avery both made it to the state swimming finals," said George,
"unfortunately it's taking place in Concord, today."

"That's terrible," said Mr. Carson, "You must have worked so hard."

"Yeah but that's ok, we'll just do it again next year," I smiled.

"Still, the timing sucks," said Avery.

"How far is Concord from here?" asked Mr. Carson, who wasn't very familiar
with New Hampshire.

"Oh about 90 miles," said Nancy.

"And you have an hour to get there?" asked Mr. Carson.

"Yeah, the diving finals don't start until 2:00pm," I explained.

"You know, there might be a way to get you there in time," said Mr. Carson.

"Really, that would be great," I exclaimed.

Mr. Carson pulled out his cell and dialed the number for Bill Tompkins,
managing director of Tyson Wire and Cable.

"Hello Bill," said Mr. Carson, "Listen, it's Todd Carson, I need you to
take care of something for me, our young Mr. Tyson needs a ride."

Tyson Wire and Cable is headquartered here in Tyson's Corner New Hampshire
but it has facilities all over New England.  The managing director and the
senior management has to tour these facilities from time to time and a
special vehicle was procured to make that easier.  To make a long story
short, I didn't know I had a helicopter until it landed in the park across
the street from the courthouse, ten minutes after Mr. Carson made his call.