“And in order to have lights you have to flip a switch from the inside?”
“Yes.”
“So it was around midnight, it was dark, and you saw something on your patio?”
“That’s what I said, Theo.”
“Would you please look at Rufus? Would you agree that his fur is light brown with a few white spots, and that he is quite large for a rabbit?”
“I suppose so.”
“And would you agree that he looks nothing like a rat?”
“No, he doesn’t, but that was just my first impression. I got a better look a few minutes later.”
“In the dark?”
“Well, yes it was dark.”
“In fact, you never saw the rabbit with the lights on?”
“I did not.”
“And for the past two weeks you’ve been exhausted and not sleeping much. Could that affect your eyesight?”
“Maybe, but it didn’t. I saw that rabbit, Theo. I’m sure of it.”
“Okay. Judge, do you know how many other rabbits are kept as pets in your neighborhood?”
Judge Pendergrast sighed as if frustrated with the entire episode. And it was a bit demeaning for such an important judge to be sitting down in the basement in Animal Court and getting roughed up by a thirteen-year-old.
“No, I don’t know. Do you?”
“I’m asking the questions, Your Honor. Is Rufus the only rabbit in the neighborhood?”
“I do not know.”
“Thank you, sir. I have no more questions.”
Brittany jumped to her feet and said, “I have just one more, Your Honor.”
“Go ahead.” Judge Yeck was already bored with the case.
Brittany said, “Now, Judge, you and the others signed the complaint Monday morning, and Rufus was taken into custody, right?”
“That’s correct.”
“Any noise last night?”
“Not a peep. Everyone slept well for the first time in two weeks.”
“The City rests its case, Your Honor.” She sat down and Judge Pendergrast returned to his seat in the rear of the crowd.
Judge Yeck looked at Theo and said, “For the defense?”
Theo said, “Well, yes, Your Honor, the defense calls Ms. Alice Kerr.”
She swore to tell the truth and took the stand. Before she said anything she looked at the cage as if she might cry.
Theo plowed ahead. “Now, Ms. Kerr, are you the owner of this rabbit?”
“Well, uh, yes I guess. He’s owned by our family.”
“Tell us a little about Rufus.” Theo thought it might be important to learn a little about the animal before Judge Yeck decided whether or not to put it down.
She offered a goofy smile and said, “Oh, he’s just marvelous. Rufus is a French Lop, lop-eared, of course, as you can see, and he’s quite large for the breed. Most weigh between ten and fifteen pounds, but Rufus is pushing twenty. Eats all the time. We bought him one Easter maybe five years ago and the kids have sort of grown up with Rufus. He’s a member of our family.”
“And where does he stay in the house?”
“All over the place. He has a small bed in the washroom next to the dryer, and that’s where the kids feed him, but he roams as he pleases.”
“Can he leave the house whenever he wants?”
“I suppose. We have a small pet gate in the kitchen door so he can go into the backyard if he wants. He does it all the time, especially in warm weather.”
“Is the backyard fenced in?”
“It is, of course. Rufus is always confined. I’ve never known him to roam the neighborhood like these people are saying.”
“Can he jump over the fence?”
“Oh, I don’t think so. I’ve never seen him do that. He’s very well behaved.”
“During the past two weeks, have you noticed anything unusual about Rufus?”
“Well, yes, to be truthful, we’ve . . .”
“Please be truthful, Ms. Kerr,” Judge Yeck said. “You are under oath, remember?”
“Yes, sir. We’ve noticed that first thing in the mornings Rufus has been covered with dirt, mud, and briars. We checked the back fence and found no way for him to escape, but I just don’t know. We’ve had to bathe him every morning.”
Suddenly, Rufus came to life and began pounding the floor of his cage with a hind leg. The cage shook and rattled loudly and began rocking itself toward the edge of the table. Rufus appeared frantic and distraught and began pawing at the cage door with his front feet. He wheezed and sort of shrieked as if he wanted to bark or howl but wasn’t sure how to go about it.
Ms. Kerr was alarmed and exclaimed, “Poor thing. He’s so upset. He’s never been in a cage before. See what they’ve done to him.”
Rufus turned his rear to the courtroom, froze for a second, and passed gas, not loudly, but in a potent concentration. The odor was instant and strong and when he was finished he began pounding the bottom of the cage again.
Judge Yeck snarled at the Animal Control officer, “Take him away.” The poor guy approached the cage timidly, lifted it, and rushed Rufus away from the bench, through the door, and out of sight.
The odor lingered for a moment. Judge Yeck had had enough. “You finished, Theo?”
It was more of a command than a question and Theo said, “Yes, sir.”
“Cross-examination, Ms. Collins?”
Brittany stood and wisely said, “Judge, I think we’ve had enough. I’d like to propose a settlement here to avoid the sticky issue of putting down Rufus. The City really doesn’t want to do that, not at this time anyway.”
“Oh, thank goodness!” Ms. Kerr said from the witness chair and covered her mouth with both hands.
Judge Yeck said, “Ms. Kerr, you may return to your seat. Let me see the lawyers up here, please.”
Theo strutted to the bench as if he’d been trying cases for twenty years. Brittany smiled at him and said, “After you.” They stepped to the bench and Judge Yeck leaned down low. In a whisper he said, “I’m going to spare his life, this time, but next time I’ll order a firing squad.” He smiled at his humor. The lawyers did not. He waved the air in front of h
is face as the last of the odor slowly evaporated.
Yeck continued. “There must be a simple way to keep this rabbit in the house at night, right, Theo? Can’t they just lock the pet door?”
“I don’t see why not, Your Honor.”
“Sounds simple to me,” Brittany said.
Judge Yeck looked at the crowd and said, “Okay, this matter is resolved. I am ordering Rufus the Rabbit to be returned to his owner immediately. And he will be on probation. I am ordering the Kerr family to keep this rabbit indoors during the night, every night, and if he gets out again and torments the neighbors’ dogs, then I will have no choice but to order his arrest and extermination. Do you understand, Ms. Kerr?”
She was still crying, but she wiped her cheeks and nodded. Yes.
“Any questions, Theo?”
“No, sir. And thanks, Your Honor.”
The crowd hurried out. Most of the neighbors seemed relieved that the defendant would now be kept under lock and key. Rufus was handed over to Roger and Ms. Kerr, who cuddled him like a newborn.
Outside the courthouse, they thanked Theo and congratulated him over and over.
As he rode away on his bike, he couldn’t help but whisper proudly: “Seven wins, no losses.”
Garth Tucker’s family owned a construction company that built cheap motels along interstate highways. Garth’s father inherited the company from his father and had the reputation of being a shrewd businessman. It therefore came as no surprise when he hired Clifford Nance to defend his son.
Clifford Nance was perhaps the finest criminal defense lawyer for miles around. Theo had watched him in court many times, most recently in the murder trial of Pete Duffy. When Clifford Nance was in trial, the charges were serious and the accused had plenty of money to hire the best.