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How The Legend Of ‘Cheater Akin’ Began
06/13/2014
Rectus B. Akin was on trial. Those folks back in his settlement in middle Kansas knew him well, respected and loved him. When they heard that the immensely disliked marshal from the northern Dakota Territory had arrested Rectus B. on trumped up charges, they were mad. Mad as hell in fact. The simple fact was that the folks up there did not know Rectus B. and what he had done for the people of the Kansas territory.
Rectus B. Akin was an itinerant foot fixer. He started out a barber as many did but quickly became known for his work on the lower extremity. A posse quickly assembled to make the 10-day ride up through the Sioux nation and since they were comprised of a fair amount of members from the “Straighttoe” nation, passage was easy and without confrontation. The Sioux always welcomed the Straighttoes.
It was cold and dusty in the one-room wooden courthouse located at the end of Main Street. It was a dirt street, no more than 600 yards long, and really the only street in McBrideville. The courthouse had the dubious distinction of being burnt to the ground by disgruntled natives several times in retribution for confiscation of their lands, their water, their women (it was the water that really fired them up) and other unfair rushes to misjudgment. Bottom line: those northern gold mining bastards just did not get it. Let it be, share a nugget now and then, and don’t rustle the other man’s teepee. In our posse was one of the best legal minds, Angle D. Austin, who was quick-witted and had the demeanor of a starving bobcat with its tail caught in the steel jaws of a bear trap.
Angle D. knocked open the doors of the wooden courthouse, kicking the mud off his spurs. Before he was even halfway to the front of the court, he inquired of the judge, in a deeply loud and angry voice, “What are the charges against my client, your honor?”
The scraggly bearded judge pounded his gavel several times in disapproval. “I presume you are referring to Mr. Rectus B. Akin?”
“Damn right, your honor. What are the charges?” he said in his long Texas drawl. There were only a few townsfolk in the courtroom at the time. However, with this great theater about to happen, it was a given that the court would be packed in a day or two when the news spread that perhaps the best event to hit McBrideville (since Cooter Magee stole a wagon full of Kentucky moonshine and sold it to the Sioux) was now about to unfold.
“He’s a scoundrel and a cheater,” the judge stated, flatly pounding his club of a gavel.
Angle D. removed his hat, ran his fingers through his long gray hair and approached the bench. Looking up at the scraggly honorable one, Angle D. turned back to his client, pointed to him and said, “You are alleging that my client is a cheater? Cheater? Cheater in what?” he said with disbelief.
The judge motioned Angle D. away from his bench. “Your client is known around here in these parts as someone who doesn’t follow convention. “What convention?” his defense counsel asked.
Rectus B. sat at the table fidgeting more than a highly perfumed light-skinned girl in a mosquito-infested Alaskan forest. Most folks simply did not know what most of this was about but got the quick and accurate impression that this was going to be a contentious debate. The trial started with the prosecutor explaining to the gentlemen of the jury (there were no women as there were only six in the city and they were prevented from serving at that time because they could not vote).
He stood and approached the jury. “Gentlemen, this is a true case of heresy and never mind that there is not really a true victim here. The patient had a perfect result and is in fact ecstatic with her result.” He pounded on the banister in front of them. “No, gentlemen, this is a crime against tradition. Doing something that flies in the face of convention and doing it the way we normally do the job.”
The prosecutor went over to the blackboard and picked up the chalk. “This is what the preoperative X-ray looked like.” (Don’t get hung up on the anachronistic history of this tale—I just wanted it to take place in something like the OK Corral. Akin didn’t do his deal until about 1925 and Roentgen didn’t discover X-rays until 1895, but what the hell, writers have to have some fun too.)
The tall prosecutor was a great artist and quickly chalked out an “X-ray” showing an intermetatarsal angle of about 14 degrees, a laterally deviated hallux, a perfect joint space and a tibial sesamoid position of 7. He even drew the overlapping second digit. It was a perfect black and white rendering. He then outlined the long list of allegations:
1. Failure to address the intermetatarsal angle with a metatarsal osteotomy
2. Failure to realign the sesamoids
3. Removal of just the bump
4. No catgut suturing
5. Not doing it the way we do it around here and doing it through a little tiny hole