Part 9

This was a home shot, as Aunt Polly very well knew. For the physicians who had attended Peyton’s people, had earnestly recommended the destruction of his negro quarters and the removal of his people to a more healthful locality, and he had stoutly refused to incur the expense. He had ever since excused himself by jeering at the doctors and pointing, in justification of his neglect of their advice to the fact that in due time the epidemic on his plantation had subsided. He therefore felt the sting of Aunt Polly’s reference to his experience, and she emphasized it by adding:

“If you had done as Arthur has, perhaps you wouldn’t have so many deaths to answer for when Judgment Day comes!”

“Oh, that’s all nonsense, Cousin Polly,” he quickly responded. “And besides we’re wasting time. Of course you and Dorothy can’t remain here, exposed to this dreadful danger. So I’ve ordered my driver to bring the carriage over here for you this afternoon. You two must be our guests at least as long as the fever lasts at Wyanoke.”

Aunt Polly looked long and intently at Peyton. Then she slowly said:

“The Bible forbids it, Madison, though I never could see why.”

“Forbids what, Cousin Polly?”

“Why, it says we mustn’t call anybody a fool even when he is so, and I never could understand why.”

“But I don’t understand you, Cousin Polly--”

“Of course you don’t. I didn’t imagine that you would. But that’s because you don’t want to.”

“But I protest, Cousin Polly, that I’ve come over only because I’m deeply anxious about your health and Dorothy’s. You simply mustn’t remain here.”

“Madison Peyton,” answered the old lady, rising in her stately majesty of indignation, “I won’t call you a fool because the Bible says I mustn’t. But it is plain that you think me one. You know very well that you’re not in the least concerned about my health. You know there hasn’t been a single case of fever in this house

or within a mile of it. You know you never thought of removing your own family from your house when the fever was raging in your negro quarters. You know that I know what you want. You want to get Dorothy under your own control, by taking her to your house. Very well, I tell you you cannot do that. It would endanger the health of your own family, for Dorothy has been in our fever camp for two days and nights now, as head nurse and Arthur’s executive officer. Why do you come here trying to deceive me as if I were that kind of person that the Bible doesn’t allow me to call you? Isn’t it hard enough for me to do my duty in Dorothy’s case without that? Do you imagine I find it a pleasant thing to carry out my orders and train that splendid girl to be the obedient wife of such a booby as your son is? You are making a mistake. You tried once to intimidate me. You know precisely how far you succeeded. You are trying now to deceive me. You may guess for yourself what measure of success you are achieving. There are spirits in the sideboard, if you want something to drink after ---- well, after your ride. I must ask you to excuse me now, as I have to go to the prize barn to superintend the work of the sewing women.”

With that the irate old lady courtesied low, in mock respect, and took her departure, escorted by her maid.

Madison Peyton was angry, of course. That, indeed is a feeble and utterly inadequate term with which to describe his state of mind. He felt himself insulted beyond endurance--and that, probably, was what Aunt Polly intended that he should feel. But he was baffled in his purpose also, and he knew not how to endure that. He was not a coward. Had Aunt Polly been a man he would instantly have called her to account for her words. Had she been a young woman, he would have challenged her brother or other nearest male relative. As it was he had only the poor privilege of meditating such vengeance as he might wreak in sly and indirect ways. He was moved to many things, as he madly galloped away, but one after another each suggested scheme of vengeance was abandoned as manifestly foolish, and with the abandonment of each his chagrin grew greater and his anger increased. When he met his carriage on its way to Wyanoke in obedience to the orders he had given in the morning, he became positively frantic with rage, so that the driver and the black boy who rode behind the vehicle grew ashen with terror as the carriage was turned about in its course, and took up its homeward way.

A few weeks later the court met, and a message was sent to Aunt Polly directing her to bring Dorothy before the judge for the purpose of having her choose a guardian. When Dorothy was notified of this she sent Dick with a note to Col. Majors, the lawyer. It was not such a note as a young woman more accustomed than she to the forms of life and law would have written. It ran as follows:

“DEAR COL. MAJORS:--Please tell the judge I can’t come. Poor Sally is very, very ill and I mustn’t leave her for a moment. The others need me too, and I’ve got a lot of work to do putting up prescriptions--for I’m the druggist, you know. So tell the judge he must wait till he comes to this county next time. Give my love to Mrs. Majors and dear Patty.

“Sincerely yours,

“DOROTHY SOUTH.”

On receipt of this rather astonishing missive, Colonel Majors smiled and in his deliberate way ordered his horse to be brought to him after dinner. Riding over to Wyanoke he “interviewed” Dorothy at the fever camp.

He explained to the wilful young lady the mandatory character of a court order, particularly in the case of a ward in chancery.

“But why can’t you do the business for me?” she asked. “I tell you Sally is too ill for me to leave her.”

“But you must, my dear. In any ordinary matter I, as your counsel, could act for you, but in this case the court must have you present in person, because you are to make choice of a guardian and the court must be satisfied that you have made the choice for yourself and that nobody else has made it for you. So you simply must go. If you don’t the court will send the sheriff for you, and then it will punish Miss Polly dreadfully for not bringing you.”

This last appeal conquered Dorothy’s resistance. If only herself had been concerned she would still have insisted upon having her own way. But the suggestion that such a course might bring dire and dreadful “law things,” as she phrased it, upon Aunt Polly appalled her, and she consented.

“How long shall I have to leave poor Sally?” she asked.

“Only an hour or two. You and Miss Polly can leave here in your carriage about ten o’clock and as soon as you get to the Court House I’ll ask the judge to suspend other business and bring your matter on. He will ask you whom you choose for your guardian, and you will answer ‘Madison Peyton.’ Then the judge will ask you if you have made your choice without compulsion or influence on the part of anybody else, and you will answer ‘yes.’ Then he will politely bid you good morning, and you can drive back to Wyanoke at once.”

“Is that exactly how the thing is done?” she asked, with a peculiar look upon her face.

“Exactly. You see it will give you no trouble.”

“Oh, no! I don’t mind anything except leaving Sally. Tell the judge I’ll come.”

Col. Majors smiled at this message, but made no answer, except to say:

“I’ll be there of course, and you can sit by me and speak to me if you wish to ask any question.”

The lawyer made his adieux and rode away. Dorothy, with a peculiar smile upon her lips returned to her patients.

XV

DOROTHY’S CHOICE

_T_he judge himself was not so stately or so imposing of presence as was Aunt Polly, when she and Dorothy entered the court, escorted by Col. Majors. Dorothy was entirely self possessed, as it was her custom to be under all circumstances. “When people feel embarrassed,” she once said, “it must be because they know something about themselves that they are afraid other people will find out.” As Dorothy knew nothing of that kind about herself, she had no foolish trepidation, even in the solemn presence of a court.

The judge ordered her case called, and speaking very gently explained to her what was wanted.

“You are a young girl under the age at which the law supposes you to be capable of managing your own affairs. The law makes it the duty of this Court to guard you and your estate against every danger. By his will your father wisely placed your person in charge of an eminently fit and proper lady, whose character and virtues this Court and the entire community in which we live, hold in the highest esteem and honour.” At this point the judge profoundly bowed to Aunt Polly, and she acknowledged the courtesy with stately grace. The judge then continued:

“By his will your father also placed the estate which he left to you, in charge of the late Mr. Robert Brent, a gentleman in every possible way worthy of the trust. Thus far, therefore, this Court has had no occasion to take action of any kind in your behalf or for your protection. Unhappily, however, your guardian, the late Robert Brent, has passed away, and it becomes now the duty of this Court to appoint some fit person in his stead as guardian of your estate. The Court has full authority in the matter. It may appoint whomsoever it chooses for this position of high responsibility. But it is the immemorial custom of the Court in cases where the ward in chancery has passed his or her sixteenth year--an age which you have attained--to permit the ward to make choice of a guardian for himself or herself, as the case may be. If the ward is badly advised, and selects a person whom the Court deems for any reason unfit, the Court declines to make the appointment asked, and itself selects some other. But if the person selected by the ward is deemed fit, the Court is pleased to confirm the choice. It is now my duty to ask you, Miss Dorothy, what person you prefer to have for guardian of your estate.”

“May I really choose for myself?” asked the girl in a clear and perfectly calm voice, to the astonishment of everybody.

“Certainly, Miss Dorothy. Whom do you choose?”

“Did my father say in his will that I must choose some particular person?” she continued, interrogating the Court as placidly as she might have put questions to Aunt Polly.

“No, my dear young lady. Your father’s will lays no injunction whatever upon you respecting this matter.”

“Then, if you please, I choose Dr. Arthur Brent for my guardian. May we go now?”

No attention was given to the naive question with which the girl asked permission to withdraw. Her choice of guardian was a complete surprise. There was astonishment on every face except that of the judge, who officially preserved an expression of perfect self-possession. Even Aunt Polly was astounded, and she showed it. It had been understood by everybody that Madison Peyton was to succeed to Dorothy’s guardianship, and the submission of the choice to her had been regarded as a matter of mere form. Even to Aunt Polly the girl had given no slightest intimation of her purpose to defeat the prearranged program, and so Aunt Polly shared the general surprise. But Aunt Polly was distinctly pleased with the substitution as soon at least as she had given it a moment’s thought. She had come to like Arthur Brent even more in his robust manhood than she had done during his boyish sojourn at Wyanoke. She had learned also to respect his judgment, and she saw clearly, now that it was suggested, that he was obviously the best person possible to assume the office of guardian. She was pleased, too, with Madison Peyton’s discomfiture. “He needed to have his comb cut,” she reflected in homely metaphor. “It may teach him better manners.”

As for Peyton, who was present in Court, having come for the purpose of accepting the guardianship, his rage exceeded even his astonishment. He had in his youth gone through what was then the easy process of securing admission to the bar, and so, although he had never pretended to practise law, he was entitled to address the Court as an attorney. He had never done so before, but on this occasion he rose, almost choking for utterance and plunged at once into a passionate protest, in which the judge, who was calm, presently checked him, saying:

“Your utterance seems to the Court to be uncalled for, while its manner is distinctly such as the Court must disapprove. The person named by the ward as her choice for the guardianship, bears a high reputation for integrity, intelligence and character. Unless it can be shown to the Court that this reputation is undeserved, the ward’s choice will be confirmed. At present the Court is aware of nothing whatever in Dr. Brent’s character, circumstances or position that can cast doubt upon his fitness. If you have any information that should change the Court’s estimate of his character you will be heard.”

“He is unfit in every way,” responded the almost raving man. “He has deliberately undermined my fatherly influence over the girl. He has taken a mean advantage of me. He has overpersuaded the girl to set aside an arrangement made for her good and--”

“Oh, no, Mr. Peyton,” broke in Dorothy, utterly heedless of court formalities, “he has done nothing of the kind. He knows nothing about this. I don’t think he will even like it.”

“Pardon me, Miss Dorothy,” interrupted the judge. “Please address the Court--me--and not Mr. Peyton. Tell me, have you made your choice of your own free will?”

“Why, certainly, Judge, else I wouldn’t have made it.”

“Has anybody said anything to you on the subject?”

“No, sir. Nobody has ever mentioned the matter to me except Col. Majors, and he told me I was to choose Mr. Peyton, but you told me I could choose for myself, you know. I suppose Col. Majors didn’t know you’d let me do that.”

A little laugh went up in the bar, and even the judge smiled. Presently he said:

“The Court knows of no reason why it should not confirm the choice made by the ward. Accordingly it is ordered that Dr. Arthur Brent of Wyanoke be appointed guardian of the property and estate of Dorothy South, with full authority, subject only to such instructions as this Court may from time to time see fit to give for his guidance. Mr. Clerk, make the proper record, and call the next case. This proceeding is at an end. You are at liberty now to withdraw, Miss Dorothy, you and Miss Polly.”

Aunt Polly rose and bowed her acknowledgments in silence. Dorothy bowed with equal grace, but added: “Thank you, Judge. I am anxious to get back to my sick people. So I will bid you good morning. You have been extremely nice to me.”

With that she bowed again and swept out of the court room, quite unconscious of the fact that even by her courteous adieu she had offended against all the traditions of etiquette in a court of Justice. The judge bowed and smiled, and every lawyer at the bar instinctively arose, turned his face respectfully toward the withdrawing pair, and remained standing till they had passed through the outer door, Col. Majors escorting them.

XVI

UNDER THE CODE

_I_t was Madison Peyton’s habit to have his own way, and he greatly prided himself upon getting it, in other people’s affairs as well as in those that concerned himself. He loved to dominate others, to trample upon their wills and to impose his own upon them. In a large degree he accomplished this, so that he regarded himself and was regarded by others as a man of far more than ordinary influence. He was so, in a certain way, but it was not a way that tended to make men like him. On the contrary, the aggressive self assertion by which he secured influence, secured for him also the very general dislike of his neighbors, especially of those who most submissively bowed to his will. They hated him because they felt themselves obliged to submit their wills to his.

There was, therefore, a very general chuckle of pleasure among the crowd gathered at the Court House--a crowd which included nearly every able-bodied white man in the county--as the news of his discomfiture and of his outbreak of anger over it, was discussed. There were few who would have cared to twit him with it, and if he had himself maintained a discreet and dignified silence concerning the matter, he would have heard little or nothing about it. But he knew that everybody was in fact talking of it, out of his hearing. He interpreted aright the all pervading atmosphere of amused interest, and the fact that every group of men he approached became silent and seemed embarrassed when he joined it. After his aggressive manner, therefore, he refused to remain silent. He thrust the subject upon others’ attention at every turn. He protested, he declaimed, at times he very nearly raved over what he called the outrage. He even went further in some cases and demanded sympathy and acquiescence in his complainings. For the most part he got something quite different. His neighbors were men not accustomed to fear, and while they were politely disposed to refrain from voluntary expressions of opinion on this matter, at least in his presence, they were ready enough with answers unwelcome to him when he demanded their opinions.

“Isn’t it an outrage,” he asked of John Meaux, “that Arthur Brent has undermined me in this way?”

“Oh, I don’t know,” answered Meaux with a drawl which always affected his speech when he was most earnest, “I cannot see it in that light. Dorothy declares that he knew nothing of her intentions, and we all know that Dorothy South never tells anything but the truth. Besides, I don’t see why he isn’t entitled to serve as her guardian if she wants him to do so. He is a man of character and brains, and I happen to know that he has a good head for business.”

“Yes,” snarled Peyton, “I know you’ve been cultivating him--”

“I’ll trouble you to leave me out of your remarks, Mr. Peyton,” interrupted Meaux. “If you don’t you may have a quarrel on your hands.”

“Oh, you know me, Meaux; you know I didn’t mean any harm so far as you are concerned. You know my way--”

“Yes, I know your way, and I don’t like it. In fact I won’t tolerate it.”

“Oh, come now, come now, John, don’t fly off the handle like that. You see I’m not angry with you, but how you can like this interloper--”

“His family is as old in Virginia as your own is,” answered Meaux, “and he is the master of the very oldest plantation in this county. Besides he was born in Virginia and--but never mind that. I’m not counsel for his defence. I only interrupted to tell you that I am accustomed to choose my own friends, and that I fully intend to adhere to that custom.”

In another group Peyton used even less temperate terms than “interloper” in characterizing Arthur, and added:

“He didn’t even dare come to court and brazen out his treachery. He left the job, like a sneak, to the little girl whose mind he has poisoned.”

Archer Bannister was standing near, and heard the offensive words. He interrupted:

“Mr. Peyton, I earnestly advise you to retract what you have just said, and to put your retraction into writing, giving it to me to deliver to my friend Dr. Brent; who is absent today, as you very well know, simply because he has imperative duties of humanity elsewhere. I assure you that I shall report your offensive utterance to him, and it will be well for you if your retraction and apology can be delivered to him at the same time. Arthur Brent is rapidly falling into Virginia ways--adopting the customs of the country, he calls it--and there is one of those customs which might subject you to a deal of inconvenience, should he see fit to adopt it.”

“What have you to do with my affairs?” asked Peyton in a tone of offence.

“Nothing whatever--_at present_,” answered the young man, turning upon his heel.

But the warning sobered Peyton’s anger. It had not before occurred to him that Arthur might have become so far indoctrinated with Virginia ways of thinking as to call him to account for his words, in the hostile fashion usual at that time. Indeed, relying upon the fixed habit of Virginians never to gossip, he had not expected that Arthur would ever hear of his offensive accusations. Bannister’s notification that he would exercise the privilege accorded by custom to the personal friend of a man maligned when not present to defend himself, suggested grave possibilities. He knew that custom fully warranted Bannister in doing what he had threatened to do, and he had not the smallest doubt that the young man would do it.

It was in a mood of depression, therefore, that Peyton ordered his horse and rode homeward. His plantation lay within two or three miles of the Court House, but by the time that he had arrived there he had thought out a plan of procedure. He knew that Bannister would remain at the village inn over night, having jury service to perform the next morning. There was time, therefore, in which to reach him with a placative message, and Peyton set himself at once to work upon the preparation of such a message.

“I hope you will forgive me,” he wrote, “for the rudeness with which I spoke to you today. I was extremely angry at the time, and I had reasons for being so, of which you know nothing, and of which I must not tell you anything. Perhaps in my extreme irritation, I used expressions with regard to Dr. Brent, which I should not have used had I been calmer. For my discourtesy to you personally, I offer very sincere apologies, which I am sure your generous mind will accept as an atonement. For the rest I must trust your good feeling not to repeat the words I used in a moment of extreme excitement.”

Archer Bannister wrote in reply:

“The apology you have made to me was quite unnecessary. I had not demanded it. As for the rest, I shall do my duty as a friend unless you make apology where it is due, namely to Dr. Arthur Brent whom you have falsely accused, and to whom you have applied epithets of a very offensive character. If you choose to make me the bearer of your apology to him, I will gladly act for you. I prefer peace to war, at all times.”

This curt note gave Peyton a very bad quarter hour. He was not a coward; or, to put the matter more accurately, he was not that kind of a coward that cannot face physical danger. But he was a man of middle age or a trifle more. He was the father of a family and an elder in the Presbyterian church. Conscience did not largely influence him in any case, but he was keenly sensitive to public opinion. He knew that should he fight a duel, all the terrors of religious condemnation would fall upon him. Worse still, he would be laughed at for having so entangled himself in a matter his real relation to which he was not free to explain. Madison Peyton dreaded and feared nothing in the world so much as being laughed at. Added to this, he knew that the entire community would hold him to be altogether in the wrong. Arthur Brent’s reputation achieved by his heroic devotion under fearful danger at Norfolk, had been recalled and emphasized by his conduct in the present fever outbreak on his own plantation. It was everywhere the subject of admiring comment, and Peyton very well knew that nobody in that community would for a moment believe that Arthur Brent was guilty of any meanness or cowardly treachery. His own accusations, unless supported by some sort of proof, would certainly recoil upon himself with crushing force. He could in no way explain the anger that had betrayed him into the error of making such accusations. He could not make it appear to anybody that he had been wronged by the fact that Dorothy South had chosen another than himself for her guardian. His anger, upon such an occasion, would be regarded as simply ridiculous, and should he permit the matter to come to a crisis he must at once become the butt of contemptuous jesting.