Chapter 13: Judgment

The inevitable result of Anita's enthusiasm surfaced the next morning. As usual she was the second person up after Tony. Tony had his morning coffee on the back deck when she came up with a glass of orange juice in her right hand. She actually wasn't wearing one of Tony's shirts but a small green nightie that only went to mid thigh. Her left hand was tucked under her armpit and she had a pained expression on her face.

"Good morning Anita, how are you?" he asked with genuine concern.

"My fingers hurt Tony," Anita said sitting down next to him. She moved to lean against him but he pushed her back upright.

"Wait here," he said. He returned a minute later with a glass of ice-water that he set on the coffee table. He took Anita's left hand and stuck her fingers right into the glass.

"Hold them in there until you can't stand the cold," he instructed.

"Ah, that feels good. How do you guys do it?"

Tony chuckled then held out his left hand, palm flat, facing Anita. "Feel my fingertips."

Anita stuck her right index finger out and ran it across Tony's fingertips. "Wow, they're hard!"

"Yep, every new guitar player goes through what you are going through now. It takes a couple of weeks to toughen up your fingers, and it does hurt a little. Just play as much as you can and each day it will hurt a little less. It won't be long until you don't even feel it."

"Oh, OK, I was wondering if it would be like this all the time."

"Nah, we just got to toughen you up is all. By the time you get home you won't even remember that it hurt the first few times."

"Anita what are you doing?" Rebecca asked coming across the deck. She was wearing only a very short pair of shorts and a thin tank top. She set her glass down and plopped down on Tony's lap and gave him a sloppy kiss.

"Good morning, you're up early," Tony said.

"Yeah, Tina woke me up getting in the shower. I guess she's off early again this morning."

"Yeah, I have to drive her to the college in a little while."

"OK Anita, why is your hand in a glass of ice water? Did you burn yourself on the stove?" she asked.

"My fingers hurt; too much guitar last night. Tony says it'll get better the more I play."

"Yeah, it will. I'm learning too and that first week my fingers hurt then as well."

Tony reached out and tousled Anita's hair with his right hand. He immediately regretted it.

"Tony! Quit treating me like a little kid!"

"Shush Anita, it's been a long time since Tony's had a sister your age."

"What do you mean?"

"Oh, oh, um, she doesn't know does she Tony?"

"Nope, and you just volunteered yourself to explain it to her. I need to get a shower before I take Tina in."

Rebecca's early morning appearance wasn't lost at all on Tony. He had no doubt that Tina's shower had awoken her. Since their first encounter the sound of a shower was probably the single non-sexual thing that did the most to get Rebecca's juices flowing. Her scanty attire this morning was aimed squarely at enticing shower time with Tony. Not that she had to work at it. In the absence of Anita he would have gone willingly. Still, there was a small twinge of satisfaction that her gaffe about Tammy might have denied her intentions. Once he felt it, that thought didn't sit well in his mind.

Anita was teary-eyed when he came back up. "None of that little one," Tony said when he saw her, "that's the past, you don't worry about it a bit."

Rebecca emitted a barely audible "hmmph". Tony had a certifiable psychological complex when it came to young girls and their safety and it was all about Tammy. The boy was nuts, but in a good way.

"Stay with Rebecca for now and help her feed Jerry. I'm pretty sure he'll starve otherwise. Then tell him to swab the decks! He'll know what I'm talking about. Tell him you're 'first mate' today and that's an order. Oh, tell him I'll help him when I get back."

It almost brought a smile to Anita's face, but not quite. Jerry, while a bit of a late sleeper, took almost as much pride in Kalliste's appearance as Tony and could always be counted on to spend his mornings washing off the night's salt and grime from her exterior. He wasn't much of a housekeeper below though.

It took Tony only half an hour to drop Tina off and get back to the boat. He was a bit concerned by what he saw there. Rebecca and Anita had their backs to him at the dining room table. Half-eaten breakfast plates were on the table. Jerry and Cheri were on the other side. Jerry actually had his arm around Cheri and was comforting her. That in itself was astounding. Cheri had seemed interested, but the two hadn't even talked as far as Tony knew. "Mr. Winslow called," Jerry said. "He wants to talk to you."

"OK, but why all the long faces? Cheri you aren't going back, ever."

Rebecca crawled across Anita to stand and come into Tony's arms. "She's just scared Tony."

"Relax, I told you the worst thing would be Rebecca's parents have to fly up here. That's probably what he wants. Let me call him"

A few minutes later Tony was on the phone with the child welfare worker. "Mr. Smith, ahh should I say Captain Smith? You are the Captain correct? I think the term is actually Master of the vessel."

"Well Mr. Winslow, if you put it that way those terms apply. We don't talk like that unless we're actually sailing Kalliste."

"Listen Mr. Smith, Scott, Scott Wainright is the lawyer I told you about yesterday. He thinks he has a solution. It's a bit novel, I admit, but we have a hearing today at two. I need you and Miss Harris to appear."

"In court?"

"Yes, well no, nothing like you think. It will be in the judge's chambers, not a real courtroom. I mean you have to dress for it like..."

"What's going to happen Mr. Winslow? I just looked Cheri in the eye and told her she wouldn't have to go back home. Don't make a liar out of me."

"No, that won't happen. The worst is the status quo for a few more days. If this doesn't work there will be nothing lost."

"OK, we'll be there." Tony spent a few more minutes getting the details and a list of things he'd need and hung up.

He turned to the rest of the teens, and Anita, at the table and said, "OK, we have a court appearance at two. Jerry get Gwen and Chrissie here, if Cheri doesn't have what she needs get it for her. Anita and Rebecca come with me, I didn't bring a suit. Mr. Winslow thinks we can resolve this today and he says it can't result in Cheri going back."

Rebecca knew nothing about men's suits but she knew what looked good on Tony. It was dark grey and off the rack from J.C. Penny. Anita nixed the striped tie Tony picked for a solid, deep maroon one.

The teens met up at the courthouse and after inquiries found the correct location. Cheri wore a peasant blouse with a camisole underneath and skirt that was too long to be fashionable but screamed 'conservative'. She was scrubbed clean of any makeup and her slenderness and Asian features conspired to make her look two years younger than her fifteen. Tony knew he could count on Gwen and Chrissie to make the right choices and they had.

They met Mr. Winslow in the hall outside the room number they'd been directed to. With him was a man in his late twenties or early thirties. He was wearing a tailored suit and was immaculately groomed. In short, he looked like a lawyer. "Tony," Mr. Winslow said extending his hand. "This is Scott Wainright. If you agree he's willing to represent you today."

The man offered his hand and Tony took it. "Nice to meet you Captain Smith," he said.

"Please," Tony replied. "Call me Tony."

"For today, we'll use Captain Smith," Scott replied. "It's important."

Tony shrugged, "OK, if you say so."

"Captain Smith if you wish me to represent you in this matter I must be your lawyer in fact. I'll need a small retainer, even if it's only a dollar."

Tony looked at Mr. Winslow, "You recommend this gentleman?"

"Absolutely, he's the best man for these kinds of things in the area," Mr. Winslow replied.

Tony pulled out his wallet. He extracted three hundred-dollar bills and one of his business cards and handed it to the lawyer. "Mr. Wainright we want your best work. I'm certainly willing to pay your standard rates. You can use the address and phone number on the card as a permanent billing address."

Mr. Wainright nodded and with a quizzical look on his face asked, "Tammy's Wheels?"

"It's a charitable organization. We modify wheelchairs for kids in hospitals. My friends and I started it last year."

"Oh this gets better and better, I can definitely use this. Tell me more."

The two talked for several minutes before Mr. Winslow led all of them into the room they were waiting outside. Inside was a spacious, well appointed waiting area with a middle-aged secretary. Mr. Winslow went to her and talked with her briefly. She lifted a telephone receiver and spoke a few words, then looked up. "Mr. Winslow, Mr. Wainright, and Captain Smith, Judge Cauthan will see you now." She motioned to a door behind and to her left.

The chambers of Judge Cauthan were lined with shelves containing, what Tony decided must be, law books. The judge himself sat behind a huge desk that, while cluttered seemed to be somehow organized as well. Many neat stacks of papers and files covered it. It appeared that the judge was a hard working but organized man. "Gentlemen please come in and have a seat," he said as they entered.

The three took seats in front of his desk in plush leather chairs. "Gentlemen this is an informal hearing to determine the temporary status of Cheri Harris, a girl fifteen years of age who apparently left home under less than ideal circumstances. I have a medical report here, Mr. Winslow; please explain what I'm seeing here."

"Your honor," he began, "the medical report is consistent with Ms. Harris' reports of abuse. While we cannot confirm her accounts of psychological and sexual abuse the medical report matches her accounts of physical abuse. Therefore the State is inclined to believe all of her reports of abuse. The State moves that her parents be declared unfit. As is our duty in an emergency situation, we have done so already pending your decision."

The judge scanned the documents for two minutes, shaking his head. "The court so rules."

"Your honor we also request, to ease our proceedings, that your ruling on this matter be retroactive to the time Cheri Harris left home and declare her a ward of the State at that time."

The judge grasped the reasoning immediately. "So granted," he said. "Now, this young man, you have been introduced to the court as Captain Smith. You look awful young to be addressed so. In fact, you are documented here as being seventeen years of age. Could you please explain?"

Before Tony could speak Scott Wainright interrupted. "Your honor, as Captain Smith's counsel if I may speak."

The judge made a hand gesture indicating that the lawyer should proceed.

"We seek that you find, for reasons that will become apparent, that Tony Smith is indeed, for legal purposes, a captain of a commercial sailing vessel of the high seas. I present these documents as evidence." He handed the judge Tony's master's certificate for a vessel over fifty feet and his registration papers for Kalliste.

The judge studied them for several minutes and made an astute observation. "This is a motor yacht as far as I can tell and while Captain Smith does seem to have a commercial license to operate it, I don't see how the vessel can be described as commercial. It's a pleasure craft is it not?"

Tony actually put his hand on the lawyer's arm and spoke up. "Your honor, while Kalliste is mostly a private craft and is currently employed for personal use, she is at times hired for commercial use. It has been done four times since I became her master." Tony described the nature of the cruises he had done for hire for National Pacific.

When he was done the judge pondered and asked a final question. "During these times describe in your own words your responsibilities."

"I was completely responsible for the safe operation of the vessel, her navigation, and the safety of her passengers and crew," Tony replied.

"OK counsel, I'll find fact that Captain Smith here is indeed, under the statutes you have provided, the legitimate captain of a commercial vessel of the high seas. The next question is the current status of Cheri Harris, Mr. Winslow?"

"Yes your honor, it is the state's position that Ms. Harris is now a ward of the State given to Captain Smith's care in loco parentis."

"You'll have to explain that to me. The only precedents I know of for a minor qualifying in loco parentis is for, say, a babysitter. Surely the State didn't hire Captain Smith here as a babysitter."

"No your honor it did not. The State's position at this time is that the state is allowing Cheri Harris to visit a family member, her first cousin Rebecca Harris. Because Rebecca Harris is, herself, covered in loco parentis by Captain Smith it extends to Cheri Harris. It's no different than two children having a sleepover supervised by one babysitter."

"We are getting ahead of ourselves then. We need to establish Rebecca Harris' status then," the judge said.

Scott Wainright spoke up then. "Your honor I think we can establish that Captain Smith is in loco parentis to no less than eight others at this time. This includes Rebecca Harris, his own sister, five other teenagers, and an 11 year old girl. Except for the latter all were placed in that status by their own parents when they allowed them to participate in a voyage on the high seas with Captain Smith. All have been approved by their parents to participate in the voyage either to or from Savannah Georgia on his vessel. The younger girl is a visitor placed in his care by her parents since their arrival."

Tony had to explain the nature of the trip and several other things before the judge would buy off on the argument.

"And this last girl, Anita Breeland, can you explain that Captain Smith?"

"Um, if Your Honor reads the papers, there was a rather sensational article earlier in the week. We met Anita and her family during a mishap at sea."

"Oh, yes, I do recall that," the judge replied. Mr. Wainright was ready and handing a copy of the newspaper article to him. He scanned it briefly. "Impressive, you were actually the one who went after the girl?"

"Yes, Your Honor. The family met us when we arrived and little Anita wanted to stay for a while. We've agreed to drop her off in Virginia Beach on the way home."

"Now I understand her parents would be grateful, but to entrust and 11 year-old girl into the care of a 17 year-old young man sounds a bit odd to me."

"I don't think that was her intention at all Your Honor. As I recall the conversation with Mrs. Breeland it centered more along the lines of the fact that there are five teenage girls in our party which is more than enough supervision for her. I understand I'm ultimately responsible for her, but I have a lot of expert help."

The judge nodded, "I see, in that context it does sound reasonable. OK Mr. Wainright, I'll rule that Captain Smith here is, in fact, a minor in loco parentis to eight others. Where is this going?"

"Given that status Captain Smith, with the approval of the State, has retained myself as counsel for the purposes of establishing temporary custody of Cheri Harris until such a time as permanent guardianship or adoption can be arranged."

"Let me get this straight. You are petitioning this court to grant temporary custody of a fifteen year-old female to a seventeen year-old male?" The judge sounded incredulous.

The lawyer spoke up. "It's not without precedent Your Honor. In cases of siblings an older sibling of that age has often been emancipated and given care of a younger brother or sister when parents die."

"But this young man is not a sibling or even a relative of Ms. Harris is he?"

"No your honor, but he is very close to the family, especially Rebecca Harris."

The judge looked at Tony for an explanation.

"Rebecca Harris is my girlfriend Your Honor. As much as I like to think I'm a caring individual, I would not go to these lengths to help a strange girl I had just met. I consider Cheri Harris family. I'm sure I understand the next question. Independent of Rebecca it is still something I'd do for her family. Her parents are among my closest friends as well."

"Well that's an explanation, but hardly a legal argument. Mr. Wainright?"

"There are numerous precedents, Your Honor, for placing a minor child in the custody of a ship's captain."

The judge's eye's got wide for a minute as he finally realized where the legal argument was going. "Those are some very old laws counsel." The laws in question were used mainly for cabin boys on sailing ships. "Mr. Winslow you have made no objection to this argument. Care to tell the court why?"