Chapter 1

and entered a small court room crowded to suffocation. Every seat was occupied and men were standing about everywhere--jammed in between the chairs--plastered against the wall--crushed against the rail. The counsels' table and its two chairs were the only unoccupied bits of furniture in the room.

The Court criers glanced despairingly at the throng and shouted mechanically, "Gentlemen will please take seats!" and then, more hopefully, "Gentlemen will please stop talking!"

But the babel of conversation was finally hushed by an attendant who announced the entrance of the Judge by pounding with an ample fist upon the panels of a door. Not a very dignified heralding of the presence of the Court, but understood by the late comers whose view is limited to the judicial canopy--that pall-like canopy of red rep which sets one panting to gaze with relief at the steam-screened windows. They at least are wet.

"_Grafton_ vs. _The Milling Companies!_"

Holden fought his way like a foot-ball player through the "rush line" of lawyers, and as he pitched into the cleared space before the counsels' table his impulse was to dodge the one man before him and race down "the side-line." But he checked himself in time. Then two other young men plunged into the open and stood somewhat breathlessly before the Bench.

"If it please the Court," began Holden, "this is a motion in a case of great importance and----"

"All cases are equally important in this Court, Sir!"

"I recognise that, your Honour, but I was about to say----"

"Well, well, never mind! Are you ready?"

"Yes, Sir, but I was about to tell your Honour----"

"That'll do, Sir!"

"That Mr. Harter, who is to argue this motion, thinks it will take till recess."

"Ah, Mr. Harter? Well, his opinions are interesting, of course, but not quite conclusive on this Court. Not necessarily conclusive. Eh?"

A titter from the crowd acknowledged this retort. Is there anything so irresistibly infectious as the wit of the Bench?

The other young men then came to the rescue of their fellow clerk. This is such an old, old play that every one knows his cue.

"Col. Partridge thinks he will need half an hour, your Honour."

"Col. Partridge? Ah,--well,--what does the other side say?"

"Mr. Coates thinks he will take twenty minutes more."

"Um--Mr. Coates? Tell--er--tell Mr. Harter I'll take it up as soon as the cases ahead of it are disposed of. No cases after _Grafton_ vs. _The Milling Companies_ will be heard before two o'clock. _Morton_ vs. _Sheldon_, are you ready?"

"The defendant's Counsel has just stepped into the hall. If your Honour will hold it a moment----"

"This Court waits for no one, Sir. Its time belongs to the People. Motion dismissed. _Vone_ vs. _Taunton_. What's that about?"

"It's a motion to change the place of trial, if the Court please."

"Well, hand in your papers."

"But I'd like to be heard, your Honour. This means much to my client."

"Now, Mister,--er--Mister--er--Counsellor, what is the use of arguing that? I know all about it--I have hundreds of such cases--and seldom grant them. Hand up your papers."

"Will not the Court allow me----"

"No, Sir; no, Sir! That'll do! Hand up your papers.--_Grafton_ vs. _The Milling Companies_! Ah, Mr. Harter; good-morning, Sir. Officer, get Mr. Harter a chair. Good-morning, Colonel Partridge, how are you to-day, Sir? We are all ready now, I think, Mr. Coates? Yes? Well, no other cases will be heard this morning."

And the Judge leans back in his comfortable swing-chair, and beams in courteous attention upon the distinguished counsel.

"If the Court please," begins Mr. Coates, "this is a case of great importance----"

Yes, his Honour knows its importance. He has gathered this from the retainer of Messrs. Harter and Partridge and Coates, and the reporters know its importance as they scribble on their pads, and the newspaper artists know it as they sketch illustrations for the "story," and the Court officials know it reflecting his Honour on the Bench. But the one who knows it best of all is the grey-haired plaintiff, Grafton, who sits behind Mr. Harter and listens with a puzzled air to the learned arguments.

To Grafton the case was indeed important. It involved all he had in the world. It had seemed a simple case to him when he first brought it to his attorney, but matters had not gone smoothly from the start. Delay and postponement were followed by more delay and further postponement.

"The defendants were putting up a stiff fight," his attorney told him. What about? Well, they had "demurred," or "counterclaimed," or "made a motion," or "appealed,"--had done some of these things, or all of them--goodness knows just what--it was not very clear.

Why couldn't his case be tried? Well, they were "stayed by appeal," or "enjoined pending a motion," or were "stricken off the calendar." Some of these things, or all of them, had happened. "But the fact was," his attorney told him, "the defendant's Counsel stood in too well with the Court--he really ought to retain Mr. Harter."

So Mr. Harter was retained, and the case bristled with nice legal points and pretty questions of practice, to the utter amazement of Grafton, who blindly stumbled along in the ruck of the legal battle, hopelessly confused and growing daily more and more anxious, like the suitor in _Jarndyce_ vs. _Jarndyce_.

But such a case as _Jarndyce_ vs. _Jarndyce_ could never happen in New York, because, as any lawyer can tell you, there is no Court of Chancery, or anything like----

Well, there is no Court of Chancery.

The argument of Mr. Coates was ably sustained, and Mr. Harter's reply was so masterly that Col. Partridge said in his rejoinder that nothing but his knowledge of the law kept him from being persuaded.

The Court laughed, and the officials laughed, and the listening Bar laughed. Everyone laughed except Grafton, who had no sense of humour, anyway.

But at last it was over.

"Well, Mr. Grafton, I hope you are satisfied--I feel sure his Honour was with us.... Holden, hand up your brief.... It was very good, Sir.... Mr. Grafton, this is young Mr. Holden of our office who wrote the brief for you on the motion to-day--and wrote it well, too."

Holden blushed like a school-girl as he shook Mr. Grafton's hand. It was no small thing to be praised by Mr. Harter at any time, but about "_Grafton_ vs. _The Milling Companies_," it was positive distinction.

Mr. Harter was right about the Court being with him, for the plaintiff won that motion.

He was right again in the two appeals which followed the decision. He was right on several other like occasions and won no less than six different motions and five appeals by the end of the next three years.

But the case didn't get to trial.

It was then that Grafton began to grow surly and instead of congratulating Mr. Harter on his triumphant practice, snapped out that such practice made perfect fools of honest men.

Which was decidedly ungrateful as well as impolitic.

However, he sensibly gave up trying to follow the maze of procedure, and hammered away with expostulation and question at the fact that the case wasn't tried.

With less wisdom he took to talking about the litigation with his friends and neighbours--with lawyers at the Club--with officials in the Court--with clerks in the office--with anyone and everyone who would listen, until he bored them beyond politeness and began to get snubbed. But the case itself was less interesting than at first. Almost all the fine points of "practice" had been exhausted and only the dry fodder of facts remained.

Harter hadn't appeared in Court with it for many a day and plainly intimated that he'd retire altogether if Grafton didn't stop boring him. But in Holden the plaintiff always had an interested listener. Ever since the morning when Mr. Harter had praised his work Holden had studied the case in every phase and knew its every detail. So when, a few months after he set up in practice for himself, Grafton brought him all the papers and made him his sole attorney, Holden knew no words with which to express his thanks.

He had always despised the flagging interest of his seniors. Doubtless they had done their best--Mr. Harter and the attorney, but despite their fruitless efforts he felt his ability to push the matter to a successful issue. It was a great case, and there was his chance, and into it he threw himself with all the splendid enthusiasm of his youth and strength. He pressed his adversaries this way and that, worried them with unending work and harassed them with ceaseless attack until he saw his case actually set down for trial on "a day certain." Then his excitement knew no bounds. He worked hour after hour with Grafton's witnesses, prepared schedules and accounts, compiled digests of testimony and indices of all the papers, made himself an expert bookkeeper and a master-expert on every detail of Grafton's business. He raised every question that legal ingenuity could conjure up, and every quibble that cunning could devise and met them in his trial-brief--the work of months of careful study. There was no suggestion of a defence which was not ferreted out and run down by question and answer--no technicality neglected, until at length even Grafton laughingly protested.

"My dear boy, let's leave it alone now! There's no one can beat you on either the facts or the law."

But Holden wouldn't leave it alone. They were already talking about the approaching trial in the rotunda, and this was his start in life. So night and day he studied and planned with the increasing confidence which comes of perfect preparation.

At last they were in the Court crowded with witnesses, counsel, litigants and reporters.

Would there be another adjournment? Not if he could help it, and Holden squared his jaw and looked determination at the veteran Mr. Coates.

"_Grafton_ vs. _The Milling Companies_--How long will that take?"

"About two days--your Honour, I think." Holden's voice fairly faltered as he answered glancing at the witnesses clustered near him and the immense pile of books and papers.

But Mr. Coates did not dissent. He was ready.

At last! At last they were at trial.

"Then no other matters will be heard to-day. _Grafton_ vs. _The Milling Companies_. Proceed with your case, Sir."

But Mr. Coates had arisen and was addressing the Court.

"I think it only right to say to your Honour that I shall not interpose any defence in this action. The Milling Companies made an assignment last night, and I only represent the Assignee. The gentleman will, of course, take our default, but I should hardly think he would occupy the whole day."

Holden stared silently at the speaker. The familiar scene darkened, faded, disappeared and flared up in a new light completely transforming it--a strange room with strange people--a stage setting in the white unmasking light of day.--A mocking face leered at him from a raised dais--mocking figures elbowed him with impatient scorn--mocking fingers pointed at him with derisive joy--fat clammy hands touched his breast and pushed him from the rail over which he glared with the most desperate hatred known to the world--the hatred of a man against mankind.

Then someone burst out laughing.

"What does he mean, Holden?"

Grafton's voice sounded a mile away, but the words of Belden, Coates' clerk, were clear enough as he whispered in Holden's ear:

"Wasn't it great? Kept you all off for over three years without a ghost of a defence! Our people only wanted time to get things fixed and we got it for them all right enough, I guess. Give you a dime for your judgment! I tell you----"

But Holden suddenly struck Belden across the mouth and was promptly adjudged guilty of contempt of Court.--Of which the payment of his fine did not purge him, an order of the Court to the contrary notwithstanding.

A CONCLUSION OF LAW.

This story will not be understood by half the people who read it and the other half will not believe it, so it should be perfectly innocuous.

Hartruff, it is true, took offence when Norris told it in his presence,--but trust Norris for picking out the hundredth man. He has about as much tact as Hartruff has conscience, so they are admirably adapted for mutual misunderstanding.

They encountered in the smoking-room of the Equity Club after lunch, where the usual number of lawyers were gathered to bore one another with dissertations on their respective cases. One can sometimes obtain useful information by listening to a good deal of tiresome boasting, but the real reward for enduring long blasts of someone else's horn is, of course, the privilege of blowing your own. Norris, however, cared nothing for performances of this kind, and the first professional toot was, as a rule, the signal for his departure.

The man who doesn't boast is apt to be popular, but the man who won't listen to boasting is invariably disliked. Norris was not popular, and the loudest performers hinted that he hadn't any practice to talk about. What induced him to depart from his usual custom on this particular occasion I do not know, unless, as I have said, it was his fatal genius for picking out the hundredth man.

Groton had been discoursing for twenty minutes on his triumphant progress through a case with which all his hearers were supposed to be familiar--for Groton thinks a breathless world watches his career--when he happened to mention somebody as being of "no political importance."

"There isn't any such person," interrupted Norris.

Groton stopped and looked at the speaker in surprise.

"I didn't mean to interrupt you, Groton," continued Norris, "I've a bad habit of thinking aloud. Go on with what you were saying."

Groton resumed his recital, and when at last his story reached the Court of Appeals and the final discomforture of all his opponents he turned indulgently to Norris.

"And now tell us, Norris, why you say there is no one politically unimportant."

"I was thinking of an experience Jack Holcomb had a few years ago----"

"Yes?"

"You remember Jack Holcomb--don't you? No? Well, he practised here for many years. He wasn't much of a lawyer, but he had the faculty of making his clients believe he was, which is quite as effective. Barney McCarren was introduced to him by some real-estate broker, and though any lawyer could have accomplished what Holcomb did for McCarren, yet such was his way of doing it that the man swore by him ever afterward.

"Barney McCarren was the proprietor of two or three little oyster-stands in the lower part of the City. As may be imagined he was not a person of any great wealth. He was of so little prominence in the down-town ward where he had lived all his life, that even his immediate neighbours only knew him as a quiet, self-supporting man, who devoted himself to his family and interfered with no one.

"Well, McCarren came to Holcomb one day some years ago and said that a judgment had been entered against him by the District Attorney's office on a forfeited bail bond. It appeared that one of his neighbours had been arrested for assault, and Barney, having a small piece of real estate, became bail for him. When the case was called for trial, however, the prisoner failed to appear, and consequently McCarren's small property was in peril. High and low he searched for his principal, but a month elapsed before Barney chanced upon the fellow. They saw one another at the same moment, and instantly a chase began, which lasted until the fugitive tripped on the Canal Street car tracks and McCarren fell on top of him and hauled him to the nearest police station. A little later the man was put on trial and acquitted, and at that stage of the proceedings Barney sought Holcomb's aid. The matter was, of course, a very simple one, and Holcomb assured his client he would have the property cleared of the judgment forthwith. To this end he prepared the proper papers, which, as you know, include a receipt from the Sheriff showing payment of all the fees of that official.

"Holcomb therefore looked up the matter in the Code and found the proper fee was fifty cents. Then he went to the Deputy in charge of the case and presented the certificate for signature, at the same time tendering the statutory amount. The man read through the papers and then pointed to the money Holcomb had placed on the table.

"'What's that for?' he asked insolently.

"'It's your fee,' explained Holcomb.

"'It ain't _my_ fee.'

"'Well, what is your charge then?'

"'Fifty dollars, I guess--about fifty dollars.'

"'You are very much mistaken. Here is the section regulating the matter.'

"'Aw, what do I care about the statue?--The fee's fifty plunks I tell yer!'

"'And I tell you, my friend, I will not pay it!' answered Holcomb, growing angry at the man's insolent manner. 'I will pay you half a dollar and not one cent more.'

"'Then yer don't get the certif. See?'

"'I'll see that I get it at once and teach you a lesson at the same time!'

"Holcomb swung angrily out of the room and made straight for the Sheriff's private office. He knew the Sheriff well, and handing his card to the door-keeper was immediately ushered into the room, where he reported the actions of the Deputy. The Sheriff was indignant and rang the bell sharply.

"'Send Mulqueen to me at once.'

"Mulqueen reported immediately and as soon as he had entered the room and closed the door the Sheriff turned on him angrily.

"'What does this mean, Mulqueen? Here is Mr. Holcomb, who says you demand $50 for a matter covered by a fifty-cent charge. You must be crazy, man! What do you mean by it?'

"'Fifty dollars is the fee--Sheriff,' answered the man sullenly.

"'It is not, Sir! I have looked at the Code, which Mr. Holcomb says he showed you. Make out the certificate instantly, and I'll take up your case later.'

"'Can I speak to you for a moment--Sheriff?' asked the Deputy.

"'Yes--go ahead,' snapped the official.

"Holcomb moved to the window to be out of hearing, and the man shuffling up to the desk whispered a few words in the Sheriff's ear. When the lawyer looked into the room again the Deputy had disappeared and the Sheriff was gazing at the pattern of the rug under his desk.

"'I'm awfully sorry, Holcomb,' he began, without looking at his visitor, 'but I find--but the fact is,--the Deputy is quite right. The fee is--is fifty dollars.'

"Holcomb stared at the official in amazement.

"'The Deputy right!' he exclaimed after a pause. 'Why, what's the matter with you, Townly? Here's the law--you just quoted it yourself!'

"'I know, I know,' muttered the Sheriff, turning his head and gazing out of the window, 'but I was mistaken--I find I was mistaken.'

"'But I am not mistaken,' persisted Holcomb. 'You must be bewitched! I don't understand.'

"'Well, don't try to, old man. I'd do anything for you--you know, but I can't do this.'

"'I don't want you to do anything for me!' interrupted Holcomb, indignantly. 'I only want you to enforce the law as you find it, and not----'

"He paused, feeling that he might say too much.

"'You'll have to excuse me,' murmured the Sheriff, impatiently, 'I'd do anything to oblige, but really, this time----'

"Holcomb gazed at the man in silence for a moment--nodding his head in comprehending pity and contempt, and left the room without another word."

--"When did you say your friend dreamed all this rot?"

It was Hartruff who roughly interrupted the story.

At the sound of his voice Norris turned his gaze toward the window, and continued looking out of it while he answered slowly:

"Why do you think he dreamed it? Have you heard the rest of the story?"

"No--but anyone can see what's coming."

"Is it such an every-day affair with you? So much the less reason for thinking Holcomb dreamed it."

Hartruff laughed contemptuously.

"O, well, never mind--go on with your tarradiddle."

"You will pardon me then for telling what must, of course, be commonplace to a member of the General Committee?"

"O, go to the devil!"

"You forget yourself, my dear Hartruff. Why direct me to headquarters, when his deputies are members of decent down-town clubs?"

"Come, come, gentlemen," interposed Lawton, "this is going too far."

"Precisely what I just remarked to Hartruff," drawled Norris.

Hartruff saw the smile on the faces of the company, and rose from his seat.

"I will leave this gentleman to continue his pipe-dreaming, advising him, however, that it is a dangerous practice."

"Is that a warning, Hartruff? If so, write it out, please. Those warnings always look so much fiercer in mis-spelled words signed with crosses. But I forget, your Organisation never puts itself on paper."

"No--but it puts itself on record!"

"Makes its mark, you mean? Well, that's merely a defect of early education, easily overcome with men like you to guide its fist."

"Take care you don't feel the weight of it."

"My dear Hartruff, haven't they taught you yet to keep your teeth on your temper? Really, you'll never rise from the ranks unless you learn to smile and smile and,--well--you'd better learn to smile."

Hartruff turned on his heel, strode to the door and slammed it behind him.

"When Holcomb left the Sheriff," continued Norris calmly, "he promptly sent for his client Barney McCarren and explained the entire situation to him. McCarren expressed no surprise, but when Holcomb announced his intention of bringing mandamus proceedings to compel the Sheriff to give the required certificates, Barney laid a protesting hand on his counsel's arm.

"'Shure 'tis no use, Counsellor,' he said. 'I was afraid you couldn't do anything, but I knew if you couldn't, nobody could.'

"'What do you mean by its being "no use"--and why should you "be afraid"? I'm going to get out papers this instant and show those fellows up.'

"'Please don't do it, Sir. At least not until I come again.'

"'For goodness' sake, why not, man? It shan't cost you a cent.'

"'It isn't that, Sir. But--well--I shouldn't have troubled you--I might have known----'

"'Might have known what?'

"'That they'd lay for me.'

"'Why?'

"'For not attending meetings at the Club.'

"'What Club?'

"'The District Club.'

"Then it came out, bit by bit, that McCarren had been a 'regular' in the Organisation and a member of the District Club. During the last year, however, he had wearied of the proceedings and had absented himself from the meetings. At the last election he hadn't voted. The District Leader had spoken to him once jokingly about his absence from the meetings, and once, not jokingly, about his absence from the polls.--'I knew they had it up for me,' concluded McCarren resignedly.

"'Well, don't you let them frighten you, Barney. I'll soon show them they can't play with the law.'

"'You mustn't do it, Sir. You really mustn't do it.'

"Holcomb argued and expostulated at length. He explained to his client that the Courts would not permit such violations of the law, and that the legal proceedings would be free of cost. He showed him that prompt action would not only gain him his rights, but would make them respected in future. He urged his personal and professional interest in the matter and begged his client to take action. But all in vain. McCarren knew he'd win the lawsuit--but there were his oyster-stands for which licenses were necessary. He'd like to stand up for his rights--but he wanted his children to get into the schools next Fall. He knew how Mr. Holcomb felt about the matter--but it helped out for his wife to continue as janitoress of the tenement where they lived.--In a word there were a hundred points where the Powers could and would reach him. He couldn't afford it!

"Holcomb looked hopelessly at his client, and seeing the disappointment in his face, McCarren tried to soften the effect of his decision.

"'Wait--just wait a few days, Sir. Then maybe I'll come and see you about it again.'

"At the end of a week he came.

"'Will you take up that matter again, Mr. Holcomb?' he said, 'Try it once more just as though'--he hesitated a moment--'just as though I hadn't asked you before.'

"Holcomb 'took it up again' with the same papers he had prepared the first time, and called on the Sheriff's deputy.

"'I want a receipt for your fees in this case,' he said, laying the papers before the official and placing a fifty-cent piece on his desk.

"The man read the papers slowly, thoughtfully inserted the date and blotted the ink. Then he signed the Sheriff's name by his own and handed the papers to Holcomb.

"'There ain't no fees in this case,' he said, as he pushed the fifty-cent piece toward the lawyer.

"'I think you are mistaken. There is the statutory fee on 'entering execution.'

"'There weren't nothing done in this case.'

"'No?'

"'No.'

"'Thank you.'

"Holcomb entered the proper order and returned to his client.

"'How did you do it, Barney?' he asked.

"'How did I do it, Sir?'

"'Yes.'

"'I didn't do anything.'

"'But why was it matters went so smoothly to-day? You must have used some influence.'

"'No, Sir,--that is--well,--I think the Leader saw me at Tuesday's meeting, Sir.'"

* * * * *

Young Hudson was the first to break the silence which followed Norris' recital.

"I've always said," he began, "that some of the most annoying things in practice come from the obstinacy of clients. Now I had a case----"

"If a man wants to get blackmailed," interrupted Harlow, "there's no law in the land to prevent or protect him."

"I guess Holcomb put on too much 'side' with that deputy," commented Truslow. "Those fellows are easy enough to handle if you only go about it in the right way. Now I had occasion one time to need----"

"I don't believe any Sheriff would make such a break as to call down a deputy without inquiring about the inside facts," interrupted Patton. "You take my word for it, Norris, there's something wrong with that story."

Norris looked straight at the speaker.

"You're right," he answered, "there is something wrong with that story."

"I knew there was. What?"

"The dates and the names. It happened yesterday and I was the lawyer. I told it to you men because you're Members of the Bar, interested in the administration of justice and the maintenance of law. I'm glad I did so, if only to learn we're so accustomed to such things nowadays that we see nothing in them but the obstinacy of clients and the need of jollying petty officials. Isn't it a pretty commentary that the only doubt cast upon the truth of this story is that the Sheriff should have failed to inform himself of the conspiracy? Such things are going on every day and we wink at them if we don't actually aid and abet them to facilitate our private business. A fearful tyranny sways this whole city, clutching or shadowing the tenements, brutalising the prisons, frustrating the laws--wasting the treasury--corrupting the courts--and we not only suffer it, but we tolerate the men of education who associate themselves with such work--allow them to be members of our clubs and degrade ourselves until----"

"Say--old man--hire a hall for next Tuesday evening and I'll take a ticket. Honest I will. But I've got to leave you now and get back to work."

Lawton rose and smiled good-naturedly at Norris, whose crimsoned face bespoke repentance of his sudden outburst.

The other members followed Lawton's example, and soon there was no one left in the room except Norris and "Silent" Bancroft.

For some moments neither man spoke. Then Bancroft rose and rolling his cigar between his fingers thoughtfully studied its glowing ashes.

"Say, Norris," he began slowly, "do you--do you attend primaries?"

"Er--no."

"Um,--I thought not," remarked the old gentleman as he walked toward the door.

THE BURDEN OF PROOF.

I.

It had been snowing ever since the Buffalo express left New York, but the Pullman car passengers, comfortably housed, were no more conscious of the weather than they were of each other. When the train stopped unexpectedly at a flag station, the whispering of the snowflakes against the window-panes made itself heard, and the presence of the passengers made itself felt. The car instantly became a room whose occupants discovered one another at the same moment, and sat staring into each other's faces with all the gloom of fellow-patients in a doctor's office. The silence was embarrassing and absurd. A nervous passenger coughed to relieve the tension, and felt himself flushing under the concentrated attention of the entire company. A woman leaned forward to speak to her neighbour, but stopped as though conscious of some indecorum. Then everyone sat perfectly quiet, and the slow throb of the engine was the only sound from the frosty world outside.

At last the conductor opened the door, and the passengers gazed at him as if they had never seen his like before. When he stamped the snow off his feet they watched him with a charmed intensity. When he spoke they started perceptibly.

--"Anybody named Glenning in this car?"

--"Yes--here."

All eyes centred on the speaker, a middle-aged, well-dressed, commonplace man occupying a corner chair.

--"A telegram for you, Sir."

Mr. Glenning slowly adjusted his glasses, peered at the address on the yellow envelope, took a penknife from his pocket and cut the flap with great deliberation.

The passengers watched his face with the breathless interest of an audience viewing the climax of some mighty drama where every movement of the actors must be noted. But Mr. Glenning read the message without the slightest change of expression.

"If you want to send an answer you can do it. We wait here for a few minutes longer."

"I'll tell you in a moment."

Mr. Glenning took from his vest-pocket a small, red book with indexed margin, opened it about the middle, ran his finger down the edge, stopped toward the foot of the page and said:

"No answer. Any charge? No? Thank you."

The audience gave vent to its relief in a relaxing stir and rustle. Mr. Glenning picked up his newspaper and began to read. The engine whistled two sharp warnings, the wheels slipped once or twice on the icy rails, the whispering of the snowflakes hushed and the inmates of the flying Pullman once more forgot each other.

When the train reached Albany the last passenger to leave the car picked up the telegram which Mr. Glenning had crumpled and thrown upon the floor. But his curiosity was only partly satisfied by reading:

_Mr. John Glenning, Passenger on No. 44. Effervescent Albany._

Had he possessed Mr. Glenning's code he would not have been much wiser, for the translated message simply read as follows:

_The party wanted is in Albany._

II.

Messrs. Constable, Glenning and Hertzog were engaged in the general practice of the law, but Hertzog was the only lawyer in the partnership. The others were merely members of the Bar.

Mr. Constable's aptitudes lay in the line of drumming up business. He was known, although he did not know it, as the "barker" for the firm. He belonged to eight clubs; he was identified with fourteen charities, among which he counted three chairmanships; he was in the vestry of a prosperous church and on the Visiting Board of two hospitals; sixteen corporations published his name as a director, and the same sixteen acknowledged his firm as Counsel. Mr. Constable was in the public eye.

Mr. Glenning was not in the public eye, but he had its ear, provided public was spelled with a capital P and the right political party was in power. Mr. Glenning had been a member of the firm for twenty years, which proved that the right political party generally was in power. What his functions were no one seemed to know, but unquestionably he was a very busy man. A very serious, earnest believer too in his profession was Mr. Glenning, and impatient of the silly slights and slurs ever ready on the tongues of the outsiders. Thus when an alleged wit said something about "more cases being decided at the trench than at the Bench," Mr. Glenning, who dined more with the Judges and knew them better than any other man in town, snubbed the speaker and disposed of his remark as "a sneer of the unsuccessful."

Everybody understood Hertzog's work. It used to be said that his two best clients were Constable and Glenning, but then people are always saying bitter things for want of better.

Mr. Constable was a florid-faced, white-whiskered, well-dressed little man, bright, quick and full of energy. There were those who considered him pompous, and it is true he regarded himself very seriously. But most people took him at his own estimate. In the outer office his manner was sharp, short and decisive; in the inner office he was silent, impressive and indecisive. That is to say he listened thoughtfully, earnestly, sympathetically, intelligently, comprehendingly--in any and every way that inspires confidence, but no one ever lured him into expressing an off-hand opinion. His decisions were always "decisions reserved."--"Reserved for Hertzog," muttered "the unsuccessful."--But luckily Mr. Constable never heard them, for, like Mr. Glenning, he was intolerant of flippancy in every form. He was also intolerant of details.

If anything went wrong in the office Mr. Constable shook off all responsibility for it. "That is a detail of which I know nothing," was his ever present phrase in time of trouble, and this, accompanied by a wave of his hands, cleared the atmosphere in his vicinity. A detail in Mr. Constable's meaning was anything uncomfortable to remember. "That is a detail with which I do not charge my memory," he would say, and he was never contradicted.

There was no firm in the city more prominent than Constable, Glenning and Hertzog, and none more highly esteemed. Possibly Mr. Constable emphasised this a little too often, but perhaps his insistence impressed some of the very people who pretended to laugh at it. "A firm of our standing," was another of his pet phrases, and on this he rang the changes with such genuine pride that those who did not envy readily forgave him the touch of conceit.

Still there were those who would not have grieved had the firm lost its standing in the Hydroid Fibre case. But the mud there only reached Horton, the office Notary Public, and he went to Sing Sing for his cleansing.

It was at the annual meeting of the great Hydroid Fibre Co., during a bitter fight for control, that one of the stockholders repudiated a proxy bearing his name and carrying votes in favour of Mr. Constable. The signature was an evident forgery, and ugly things were said. Horton, the Notary Public who had witnessed the paper and taken the signer's "acknowledgment," was sent for, but could give no adequate explanation.

Mr. Constable, though dumfounded at the disclosure, acted with commendable promptness. He instantly ordered the arrest of Horton and silenced accusation by placing himself in the hands of his counsel, Mr. Hertzog, and demanding an investigation. This inquiry clearly demonstrated that Mr. Constable controlled more votes than were necessary without the disputed shares. Horton swore that the bogus stockholder had been properly identified, and claimed that he had been artfully imposed upon, but of this there was absolutely no proof. Not a trace of the swindler could be found.

But the firm did not rest satisfied with this vindication. A clerk in the office had proved untrustworthy, and of him it was determined to make an example.

The District Attorney's office was not a little proud of the short work it made of Horton's case, and Messrs. Constable, Glenning & Hertzog, each in his own way, complimented the officials on having promptly closed what threatened to be quite a scandal, involving the fair name of the firm.

But Horton's case would not stay closed, and it was that which was "effervescing."

Horton's counsel, Barton Mackenzie, was one of those irrepressible persons who answer defeat with defiance, and gather courage with every fresh discouragement. But Mackenzie built up a record of disaster in Horton's case which surpassed anything he had ever experienced before. He was defeated before the Police Magistrate and Horton was held for the Grand Jury, which promptly indicted him on half a dozen different charges. At the trial the presiding Justice ruled steadily against him, and the verdict of the jury adjudged his client guilty. Another judge refused a "certificate of reasonable doubt," and Horton went to Sing Sing with his case still on appeal. Eight weeks slipped by and then the Appellate Division affirmed the conviction. Three months later Mackenzie argued his client's cause before the Court of Appeals in Albany, but Horton had served nearly six months of his sentence before that tribunal decided he had been legally convicted. This brought Mackenzie to a stand-still for a while, though Hertzog thought he recognised his hand in the subsequent badgering of Mr. Constable and the Hydroid Fibre Co.

One of those insignificant five-share stockholders, the pest of every corporation, began to worry the company with ceaseless questions, demanding every possible privilege accorded by the statutes. Who he was, or how he got his shares, was a detail of which Mr. Constable regretfully admitted "he knew nothing," and Glenning, exploring every underground passage known to politics, could not run the thing to earth.

This irrepressible shareholder examined the list of stockholders, obtained statements of the treasurer, called for papers and particulars, and made a general nuisance of himself. His specialty, however, was interviewing President Constable. Hardly a week passed without his calling on this official.

"Here's that five-share man again," Mr. Constable would say, slipping into Mr. Hertzog's private room. "Shall I see him?"

"Of course--see him."

"You will--er--drop in?"

"No--confound it! You've seen him with me often enough. What have you got to worry about?"

"Nothing. Nothing, of course--but----"

"Well, see him!"

Then Mr. Constable gaining confidence from his Hebrew partner's shrewd face would answer decisively:

"Very well, I will see him."

But in his own private office the President would be apt to run his fingers along the inside of his collar, as though it choked him, muttering, "Damn this business!" before he pushed his bell and ordered in his visitor.

Mr. Constable was subjected to another constant annoyance. Several of the daily papers invariably coupled his name with some reference to the Horton case. A paragraph announcing his election to a trusteeship would identify him as "_the President of the Hydroid Fibre Co., who recently had a most unfortunate experience with a Notary Public now serving sentence in Sing Sing_." Or, if his name appeared in some list, the paragrapher would add: "_Mr. Constable, it will be remembered, disposed of quite a serious charge in the Hydroid Fibre matter, some of the parties now being in Sing Sing_."

It was incessant, intolerable, and intangible.

But one evening, in an after-dinner chat, Mr. Glenning had a short, whispered conference about the matter with a city official, and the city official dropped a hint next day to his advertising agent which must have reached the city editors, for the "squibbing" stopped. However, when Mr. Constable resigned from the Presidency of the Hydroid Fibre Co., the paragraphers took occasion to revive the whole story.

Then, as though tired of being in the public eye, Mr. Constable began to resign his trusteeships one after another, until his partners took alarm and vigorously protested.

"I'm not well," he answered, "and I don't want so much responsibility."

"But what about the business?" suggested Mr. Glenning.

Then Mr. Constable astounded them.

"Let me retire," he answered wearily.

But Mr. Constable's partners did not propose to have the business sacrificed in any such way. They would not hear of his retirement, and when he insisted, Mr. Hertzog remarked very pointedly that he did not presume to understand this gentle resignation business, but if there was any little game on hand he proposed to be in it for the next three years at least. About money matters Mr. Hertzog cherished no illusions, and at the word dollar Hester Street instantly reclaimed him.

There was no "little game," Mr. Constable hastened to assure him. It was simply that he could not do justice to the firm or himself. He was a sick man--a very sick man.

"Then take a vacation. Go into the country and stay as long as you like, but drop this retirement nonsense," commanded Mr. Hertzog, and the senior partner turned away wearily without another word.

"It's the reaction after that cussed Horton affair," Mr. Glenning remarked; "he was snappy enough about that until Mackenzie was finally knocked out, but since then he's drooped. Reaction, I suppose--don't you?"

"Yes."

Mr. Hertzog was seldom more than monosyllabic, but his eyes followed the wilted little figure of his partner with more anxiety than the word implied. Alone in his private room he frowned, muttering to himself:

"Reaction--yes or action.--Costing us thousands of dollars anyway. Confound the little fool!"

III.

Mr. Constable's physician recommended rest and a complete change of scene. With all the world to choose from, the patient made a peculiar selection for his place of sojourn. It was Sing Sing, on the Hudson. But Mr. Constable strictly complied with the Doctor's advice in not allowing anyone to know his address.

There is not much to be seen in Sing Sing except the State Prison, but Mr. Constable saw that very thoroughly. For two days he spent all the time allotted to visitors in making himself acquainted with convict life. He was writing a novel, he told the Warden, and wanted local colour. No--he did not know any one in the prison--he was an Englishman, and only on a visit to this country. Would he like to make a tour of the buildings with the Warden? Nothing, he declared, would give him greater pleasure--he was interested in every detail. So, escorted by the Warden, he passed through the clean, well-aired corridors, inspected the orderly kitchens and the huge laundries, viewed the immense workshops filled with convicts toiling in splendid, disciplined silence, watched the men file to their meals, their hands hooked over one another's shoulders, their heads bent down, eyes upon the ground, bodies close together, and their feet keeping time in the lock-step prescribed by the regulations.

It was all very impressive, he told the Warden--a wonderful triumph of system and discipline. He congratulated the official, and was invited into the private office for a smoke and chat.

Did the Warden suppose there were any innocent men in the cells? Very likely there were some--it was not uncommon for prisoners to have new trials granted them, and occasionally a man would be acquitted on these second trials. Did many of the men return after serving sentence? Yes, a good many. Why? Well, principally, the Warden supposed, because it was hard for an ex-convict to get an honest job after he got out. "Damned near impossible, unless he has mighty good friends," the official added feelingly.

Was not that a reflection on the system? Well, the Warden wasn't there to pass on that--the Prison Association had undertaken to handle the question, but he couldn't see that they'd done much with it.

But the innocent men--the men who were afterwards acquitted--they would be--they were not ex-convicts? No, the Warden guessed they were all right. And the pardoned ones? The Warden smiled.

"I'm not very strong on pardons myself," he admitted. "I'd about as soon employ an out-and-outer. Too much politics in pardons for me. Moreover, sometimes they're not appreciated. We had a queer fellow here once who served five years, and was a model prisoner too. Well, when he was discharged someone met him at the station with a pardon from the Governor. 'You cur,' he shouted at the man who handed it to him, 'get pardons for those who need them!' With that he tore the paper into bits, threw the pieces in the man's face and gave him a terrible thrashing. We never learned what the trouble was, though the fellow served two more years for the assault. But some of us thought he must have been innocent all the time. However, when he came out again nobody offered him another pardon."

The next day Mr. Constable visited the prison without the escort of the Warden. In the work-rooms the silence of the workers oppressed him, but it was better than the language of some of the under-keepers which fairly sickened him. He had heard foul-mouthed men hurl epithets and profanity back and forth often enough, but never before had he seen the frightful answers which human beings can make without the utterance of a syllable. Many times that day he saw murder done with the eyes--the foulest, fiercest, most glutting murder of which the human heart is capable. In every regulation he saw manhood debased, individuality destroyed, education neglected, reformation defeated, and glancing from the faces of the convicts to those of the keepers, he could not say which this "splendid system" had most brutalised.

Then Mr. Constable returned to his cheerless room at the hotel and locking himself in, lay down on the sofa, only to offer his body as a pavement for files of close-cropped and shaven men who passed over him with the steady tramp-tramp, tramp-tramp of the lock-step, stamping him into the ground gladly and sternly, gloatingly and viciously--deeper and deeper, until he felt the damp earth upon his face and heard less and less clearly the tread of those marching feet.

Then it ceased altogether and Mr. Constable smiled in his sleep as he dreamed he was dead, only to awake with a shriek when he felt that he was living.

The next morning the Warden met him on the street.

"How's the local colour getting on?" he asked pleasantly.

"I was working with it all last night."

The Warden stared silently at the speaker for a moment, frowned slightly and passed on.

"Good God!" he muttered to himself, "if it makes a man look like that to write, I never want to read again."

Mr. Constable left Sing Sing for Niagara, where he stopped long enough to write a letter in the public writing-room of an hotel. The composition of this missive, however, consumed several hours, for the writer kept glancing apprehensively over his shoulder and when anyone approached the table he covered his paper with the blotter and waited until he was alone again. But when at last the letter was finished he omitted to sign it, which was the more neglectful since no one could possibly have recognised the shaky handwriting as that of the snappy, energetic, confident Mr. Theodore Constable. Even the clerk in the New York Post Office who handled the envelope cursed the writer as he puzzled out the address.

Mr. Constable next visited Detroit presumably for the sole purpose of dictating curious statements to the hotel typewriter. These he mailed to New York with some enclosures, addressing the envelopes in large, childish capitals.

The rest of his vacation was spent in the bedroom of a second class boarding-house in Chicago.

At the end of three weeks he returned to New York looking far worse than when he went away. Mr. Hertzog therefore hesitated to tell him that Horton had moved for another trial on newly-discovered evidence.

But the matter could not be kept secret, for Horton's counsel had done more than claim he could prove his client's innocence; he not only produced one or two strikingly significant exhibits received anonymously from Detroit, but also asserted he was daily obtaining clues from unknown friends in other cities which might lead to the discovery of a conspiracy, if not to the conspirators themselves.

Even a careless student of human nature must have observed the marked change which had taken place in Mr. Constable.

The lines that come gradually with age and experience give meaning and character to the face--even the traces of illness are not without a certain dignity. But when care begins to crease the face of self-complacence its effects are distortions, terrible as those which some iron implement of torture would suddenly produce.

Mr. Constable's florid countenance was without a line until it was wrinkled and furrowed and scarred.

Mr. Hertzog was shocked by the appearance of his partner. Was the man going mad? He had seen such changes foreshadow insanity. But if he was going mad--from what cause? He must make sure.

Mr. Constable sat in the junior partner's private office reading a copy of the affidavits supporting the latest move in Horton's long fight, and Mr. Hertzog watched him. He noted that the trembling hands left little spots of perspiration on the pages, he saw the twitching lips every now and then forming words--he counted the rapid throbbing of the arteries in head and neck. All this he had expected and discounted, but he was unprepared for the horrid look of cunning in the man's eyes, as he glanced up from his reading.

For a few moments neither of the partners spoke. Then Mr. Constable broke the silence.

"You think--you would say these papers were--that they made a strong case?"

Mr. Constable's eyes were fixed upon his partner in anxious inquiry, like a sick man waiting the decision of a doctor testing the heart or lungs.

"Yes, it's strong. Too damned strong."

The answer given slowly and with emphasis was received with a smile such as the face of a dead man might attempt with cracking skin and snapping muscles.

"And the papers--are they--should you say they were well drawn?"

"Yes--that fellow Mackenzie seems to have learned something during these years--damn him! By the way, how long did he get?"

"Who?"

"Horton, of course."

"Three, I think--yes, it was three years."

"Then he's served two years and--let's see--two years and three months."

Mr. Hertzog pushed the electric button in his desk. "Get me the Revised Statutes covering Sing Sing regulations," he said to the boy who answered the summons. The book was brought and Mr. Hertzog began studying its pages, his head resting on his hands and his elbows on the desk. For five minutes--ten minutes, there was silence.

"Don't let's take up this thing, Hertzog--I think--I think he'll win." Mr. Constable's voice was almost a whisper.

But Hertzog, engrossed in the volume before him, did not hear. Mr. Constable glanced at the stern Hebraic face, flushed and changed his remark to a question.

"Do you think he'll win?"

The junior partner started up nervously.

"How the devil can I tell!" he burst out angrily. "What's the use of sitting there parroting 'Do-you-think-he-can-win? Do-you-think-he-can-win?' He's got a damned good case on the merits. There's something in the Code that may fix him, but I don't count on it. Don't ask such idiotic questions. Of course I think he can win, but I also think he mustn't. If you want my opinion"--Mr. Hertzog swung himself about and cast a searching glance at the shrivelled, mean little figure crushed into the leather easy-chair beside him. "If you want my real opinion, Constable," he repeated, "I think we've _got_ to win. Haven't we?"

For a moment Mr. Constable stared silently at his partner. Then shaking his head he mumbled a word or two, stopped, put his hand to his throat, began again, stammered a disjointed sentence and suddenly poured forth a torrent of confused and incoherent words that thickened into a clotted gurgle and freed itself in a sputter swelling to peal upon peal of hideous, shattering, mirthless laughter--laughter which forced the man to his feet and rocked him with its spasms.

Hertzog leaped toward the door and fastened it. The clerks must not hear the horror of this. Then he darted to the window, but by the time he had closed it the laughter had died out, and Constable was quivering upon the floor, the blood gushing from his mouth.

IV.

"O, I know, Nurse, but I won't excite him--I'll go a long way toward curing him. You can trust me for that."

Mr. Hertzog pushed himself into the sick-room and walked toward the bed, waving a telegram in his hand. Mr. Constable smiled feebly at his visitor.

"Now, old man, I'm the doctor to-day. Are you up to taking my prescription in the form of a story?"

The invalid nodded.

"Even if it's about the--the Horton case?"

Mr. Constable nodded positively.

"Well, you remember, just before you were taken sick, I told you I thought they'd got a pretty good case----"

"Yes, yes." The whisper was eager, expectant.

--"And the more I examined it the more positive I became that there was no chance for attacking it on the merits----"

The invalid lay back on the pillows and smiled foolishly at the man beside him.

--"So, of course, I advised the District Attorney to adjourn the matter for a week, and he did it. In the meantime I began to see daylight, and I told him to adjourn it again. But Mackenzie either saw the point or suspected something, for he fought like a devil against further delay, and we only got three days. Three days! Good lord--I had to have two weeks. And, to make things worse, yesterday old Judge Masterton was unexpectedly assigned to hold court, and Geddes is the only man in town who can approach Masterton on a delicate matter of this kind. But Geddes wasn't at home, and for nearly a day we couldn't get on his trail. Then we learned he was in Buffalo, but we couldn't find the District Attorney to get his consent to retaining Geddes. My God, we sweated blood, but we couldn't find him--and every hour was precious. Finally Glenning had to start for Buffalo without the necessary consent. Two hours later I located the District Attorney, got what I wanted, and then learned Geddes had left Buffalo for Albany! Well, it was one chance in a thousand, but I wired Glenning on the express, caught it before it reached Albany--and Geddes is retained! What do you think of that?"

There was no response from the bed, and Hertzog bent forward to see if the patient was asleep, but stopped as the laboured speech of the sick man reached him.

"And Geddes--he will apply for another adjournment?"

"Yes, and win it, too. He's got Judge Masterton in his pocket, I tell you!"

"I don't--I'm not sure--I understand."

"Can't you see that Horton's sentence will expire before the motion for new trial can be heard?"

"Yes--but----"

The sick man raised himself on his elbow, and stared at his visitor.

"Well, when a man's served his sentence, the Court won't entertain an application for a new trial. So there won't be any public discussion of Horton's interesting yarns. See? Pretty good, isn't it? You'll have to study law when you get well, Constable. I tell you it pays. Tricks in all trades, you know, and there's nothing like---- Why, Constable, old man, what's the matter? Here, Nurse! Nurse! Come and look after your patient. He's struck me and he's trying to get out of his bed! You've got him?--Yes, of course I'll go--but I didn't say anything to excite him. All right, I'm going--but what in the world----"

"Write!" panted the sick man as the door closed, "and for God's sake write quickly, Nurse. Are you ready? Yes? Now then----

"_Barton Mackenzie, "99 Wall Street_.

"_Another adjournment fatal. Constable dying. Makes full confession. See him at once._

"Wire it, Nurse, wire it, and--let no one know! I thought I had done enough--but I'll do it--I'll beat them yet. Help me to live--till--he comes!"

IN HIS OWN BEHALF.

"Well, Clancy, your case is on the Day Calendar, and is likely to be reached this week."

"'Tis thankful Oi am, Sorr."

Michael Clancy's two hundredweight of flesh and bones rested in my most reliable office chair, and Michael Clancy's huge hands were clasped over his capacious stomach, while his outstretched legs were crossed in a settled attitude.

Clancy had been entrusted to me by a sympathetic House Physician of an up-town hospital. The story made a "negligence case."

I had taken up the matter merely out of good nature, but the old man was a character, and I soon became interested in his personality.

For two years he had been a regular visitor at my office, ostensibly to make inquiries as to the progress of his law suit, but really, I think, for social recreation. A litigation does not advance very rapidly in a New York Court for the first two years, and he knew this at the outset, but his calls were made with a regularity which suggested routine. If he chanced to come in while I was busy he never interrupted, but sat in the outer offices chatting with the clerks until such time as he judged his social duty had been discharged.

Clancy's confidence in me was certainly gratifying, but it took the form of completely transferring to my shoulders all responsibility for the case. His attitude toward it was that of a friend interested but not especially involved in the outcome. Whenever he referred to it, which was not often, he spoke of it as "yur kase," as though he had washed his hands of it but wished me well. There was no question about his gratitude, but his idea of expressing this was to put himself wholly in my care and give as little trouble as possible.

I once thought that the possession of another's confidence was a proper matter for self-congratulation, but I have never felt quite the same about this since I finished Clancy's case.

Michael's injuries had completely incapacitated him for work and his massive frame had taken on flesh until the ponderous body made his head appear ridiculously small. His clean-shaven face was round, his eyes were almost tiny, and his mouth was like that of a child.

Although loquacious to a degree, his delivery was slow, and whenever he talked to me his every word was accompanied by an apologetic smile, so that even when he spoke of his troubles his cheeks wore a "permanent puff."

"Have you ever been in a court, Michael?" I asked as Clancy sat by my desk smiling his benedictions upon my news of an early trial.

"Oi hov not, Sorr--leastways not since Dolan's Nannie wuz afther bein' kilt be Beagan's pup."

I did not investigate Clancy's experience in that _cause célèbre_, although I saw reminiscence in his eye.

"I think we better go over your testimony, Clancy," I said. "It's two years since the accident occurred and you may have forgotten details--I'm sure I have. But you remember making this affidavit at the time--do you not?"

Clancy looked at the paper in my hand and then cast a knowing glance in my direction.

"Am Oi ter say--'Yiz'--Sorr?"

"Why you're to tell the truth, of course," I answered rather sharply. "But you must remember swearing to this."

"Must Oi now, Sorr? Thot's all right thin. But whisper, Oi only remimber a shlip av a gurl comin' in an' makin' little burd thracks in a bit av a book an' you spakin' to her thot pleasant-loike--'twas fascinayted Oi wuz."

I began to foresee trouble with this willing witness and to view Clancy in a new light. However I tried explanation.

"That was the stenographer taking down this affidavit," I answered.

"Wuz it now, Sorr? Oi'll not forgit ut."

I felt somewhat embarrassed by the gleam of cunning in Clancy's little eyes, but I pretended not to notice it and continued:

"I'll read the statement to you and that will refresh your memory. Then we can go over the questions you are liable to be asked."

"'Tis as you loike, Sorr."

Clancy settled himself, with resignation rather than interest expressed in his good-natured face, but I knew he was all attention.

"_City and County of New York ss:_" I began.

"Shure, Counsellor, Oi niver said thot. Faith, Oi want ter hilp yiz with yur kase, but sorra a wurd loike thim iver passed me lips."

"O, never mind, Clancy!" I exclaimed, silently cursing my indiscretion. "That's only a legal phrase with which every affidavit begins."

"All right, Sorr. 'Tis for you ter know."

Again Clancy assumed his attitude of resignation and I read on:

"_Michael Clancy being duly sworn deposes and says that he resides at No. -- West Ninety-third Street, in the City of New York, and that on the 15th day of May, 1896, he was in the employ of the Cavendish Tool Company._"

"Thrue for you, Sorr--an' bad cess ter thim," commented Clancy.

"_That previous to May 15, 1896, he had been in the employ of said Company for nine years_----"

"'Twas not so long, Sorr, for whin me sisther-in-law Theresa's sicond child, she thot aftherwards married Bicie Sullivan's lad, wuz sick at th' toime av me wife's brother's wake, Oi stayed from wurrk two days fur ter luk ter th' child an' so----"

"O, well--that's near enough--say nine years," I interrupted.

"Oi'll say whativer you want, Sorr--but, be th' same token, 'tis thruth Oi do be tellin' you now--betwane oursilves loike."

I looked sternly at Clancy's rotund countenance. This case was looming up pregnant with possibilities in the presence of a witness with ready-made testimony and confidential truths. Clancy as a character was all right, but, as a client? I began to be alarmed. This had to be stopped.

"Now, understand once and for all, Clancy," I exclaimed almost threateningly, "I don't want you to tell anything at any time except the truth."

Clancy relapsed again.

"'Tis for you ter know, Sorr," was all he said.

I looked at the man with desperation in my eyes.

"Now, Michael, listen to me. If there's anything really wrong in the affidavit, stop me; but, if it's unimportant, don't let's waste time on it. Now, where were we? Here it is:--'_had been in the employ of said Company for nine years_----'"

"Av coorse, thot's moindin' what Oi do be afther tellin' you, Sorr."

"Good lord, man! For _nearly_ nine years then. Will that satisfy you? We'll never finish if you keep this up!"

"'Tis dumb Oi am, Sorr."

Clancy's big hands waved off further reproaches in a little gesture half soothing, half disclaiming.

Then all intelligence faded from his face, and he sat with closed eyes, punctuating my sentences with nodding head, as I continued from the text of the affidavit.

"_During those nine years_" (Clancy winced, but kept silent), "_he was engaged as a porter in the Company's main office, in Fulton Street. On the morning of May 15, 1896, while engaged in sorting merchandise on the fourth floor of said building, a shelf on the north side of the room gave way, and a keg of nails fell upon his spine, inflicting serious injuries_.

"_Deponent did not erect said shelf, nor was the same erected under his direction, nor was the merchandise upon it placed there by deponent or deponent's orders._

"_Deponent further avers that he never knew the said shelf was unsafe, although the Superintendent had been told that one of its brackets needed repairing._"

I continued reading the rest of the long statement without interruption from Clancy. Even when I finished he made no comment, and I thought him depressed in spite of his smile, so I spoke up cheerfully.

"That's the story, Michael. It all comes back clearly enough now, doesn't it? There's nothing like having these affidavits made out at the time, so one can recall all the facts. Now there's very little more work to be done. You remember I had diagrams made of the room where you were working, so we have those, and the Doctor's sent me word that he's ready at any time. There were no other witnesses, you say? Well, then, let me hear you tell the story in your own way, without any prompting from me. Begin by describing the place. Now, go on."

Clancy smiled contentedly, leaned forward in his chair and slowly rubbed his knees with the palms of his hands.

"Beyant th' dure," he began, "there do be a laarge room, with foive windows in ut, an' a stairkase ter th' left hand soide goin' upstairs. In th' cintre av this room they do hov two rows av stoof an' th' same is on shilves foreninst an' behoind thim----"

The picture was not entirely clear, but I spoke up hopefully:

"Yes; and in this room you worked?"

"Oi niver did, Sorr."

"Then describe the room where you did work," I answered, wearily. "No other room is of any importance."

"Will you leave me tell ut in my own way, Sorr?"

"Yes."

"Well, Sorr, 'twas this way ut wuz. There do be a gang av min on th' fourth flure handlin' stoof thot's afther comin' outer th' elevaytor. Th' elevaytor do be nixt th' stairkase, an' th' min stand in loine an' roll th' barruls wan to anither clane acrost th' flure. Th' furst feller do be called 'the guide,' an'----"

"And you worked with these men?" I interposed.

"Shure Oi niver had onythin' at all to do with thim. But minny a toime Oi've seen thim----"

"Wait," I said, "this won't do. I'll start at the beginning, and ask you questions just as though you were in Court, and you answer them."

Clancy looked a bit troubled, but he shifted himself in his chair and said, "Yiz, Sorr," brightly enough.

"Mr. Clancy," I began in my best jury manner, "where do you reside?"

A light gleamed in the witness's eyes.

"City an' County av New York--SS!" he burst out proudly.

I dropped the paper on my desk and groaned aloud. But when I saw the look of crushing disappointment on Clancy's face I forced a smile and said,

"Try to forget that, Michael. It has nothing whatever to do with your testimony. Now let's begin again--Where do you reside?"

"Shure you know, Sorr."

"Yes, I know, Clancy, but the jury doesn't and we're supposed to be in Court. Answer just as you would before the jury. Now--who employed you in May, 1896?"

"A boonch av scuts--no less!"

I sighed hopelessly. It was useless to continue this game.

"Perhaps we've had about enough for to-day, Michael," I said. "Go to Court to-morrow and listen to some witnesses testify. You'll soon get the idea. Then come down to the office in the afternoon and I'll have some questions written out so that you'll know about what you're to be asked. There's nothing like thorough preparation. By the way, do you want to add anything to the affidavit? The facts are all right as far as they go, I suppose?"

Clancy hesitated, wiped his mouth once or twice--smiled out of the window and ended by a general shift of his bulk. But he did not speak.

"What is it?" I asked encouragingly.

A gesture of disclaimer, almost coy this time, prefaced his reply.

"Shure Oi don't loike ter throuble you, Sorr, an' 'tis as loike as not to be wan av thim deetales you was spakin' av----"

"Never mind, what is it?"

"Well, Sorr, Oi don't seem ter call ter moinde th' lad thot's been afther sayin' an' doin' some av thim things."

The excitement had evidently been too much for Michael's head, but to soothe him I asked,

"What lad, Clancy?"

"Daypont, Sorr."

"Daypont?" I repeated.

Then I picked up the affidavit, and light dawned upon me.

"You don't mean _deponent_, do you?"

"'Tis the same, Sorr--Shure he niver wurrked fer thim in all me toime."

A penholder broke, but I slowly minced a blotter before I trusted myself to explain.

"Deponent means you, Clancy."

"Is ut me?"

"Certainly. For instance----" here I picked up the affidavit.--"This reads '_Deponent did not erect said shelf_', and that means, you did not erect it,----"

"But Begorra, that's just what Oi did, Sorr----"

"What!" I shrieked.

"Oi builded----"

"You built the shelf that fell?"

My voice was desperately calm but the pencil in my hands was playing a tattoo on the desk.

"Shure, Oi did, Sorr."

"Then why in the name of common sense, man, didn't you say so before?" I burst out.

"Shure Oi didn't loike ter throuble yiz, an' you readin' it out so beautiful-loike. An' faith, Oi thought 'twas some scut av a Daypont you wuz spakin' av as not doin'----"

Clancy looked at me and my face must have been awesome, for he stopped with mouth agape.

"_Nor was the merchandise upon said shelf placed there by deponent?_" I read inquiringly.

"'Twas Oi that put ut there av a Friday marnin,' Sorr, an'----"

"_Deponent further avers_," I continued with fearful calm, "_that he never knew the said shelf was unsafe?_"

"Shure 'twas the day befure Oi was spakin' to th' Super, an' ses Oi to him--O'Toole, ses Oi, the shilf foreninst the dure is broke, ses Oi, but Oi've stooffed a bit of sthick in fur a nail, ses Oi, an' 'twill holt good an' ut don't come down, Oi ses. Moike, ses he----"

"For Heaven's sake man, stop! You must have known all this two years ago--why didn't you speak then?"

"'Twas afraid av throublin' yiz with deetales Oi wuz. Do ut make any difference, Sorr?"

"Difference!" I burst out. "Your case is absurd--utterly impossible and absurd! Why, man--you haven't got a leg to stand on!"

Clancy looked at his feet for a moment.

"'Tis me spoine----" he began.

Then he stopped and smiled.

"'Tis for you to know, Sorr," he added, sadly.

I didn't laugh, for I saw tears in Clancy's childlike eyes.

But I discontinued that action, and my affidavits now read with unprofessional clarity.

HIS HONOUR.[A]

[Footnote A: The Judge who hears litigated motions does not now sign ex parte orders. The inside history of this change in the practice may some day be found in a biography. Meanwhile this tale is told "without prejudice."]

Van was out of temper. Van, the calm squelcher of office boys--the recognised saviour of managing clerks--the patient instructor of sophomoric attorneys--the courteous Guide, Philosopher and Friend for all busy members of the New York Bar--Van, whose serenity and sanity had withstood some thirty years of service as Chambers Clerk, was in ill humour.

Unusual as this was, it might have been explained if the Judge who throws papers on the floor had been upon the Bench. But his Honour was presiding over another Court. Martin, therefore, put it down to the weather, which was hot, and resigned himself to waiting, which was wearisome.

The Court Room was stuffy as usual, and crowded as always. Martin languidly studied the lawyers about him, trying to guess the kind of business each represented. Here he prophesied a struggle for "costs," and there a contest for "time." In one face he read the cunning of the technical trickster, in another the earnest belief in a Cause, and idly took to betting with himself on his prognostications.

The low droning of voices had a soothing note, and the hot atmosphere of the room soon set him nodding. A moment more and he was out of the Court, far away from the lawyers--at the east end of Long Island, with the strength and vigour of early Autumn in the air. For some seconds he was dimly conscious of a man standing near him asking an oft-repeated question. Then he woke with a start and saw Allison.

"Do you always sleep with your eyes open?"

"Ye--yes," he yawned, rubbing the optics in question, "it's a trick I learned from a front seat and a dull lecturer at college."

"Well, what are you doing here beside dreaming?"

"Waiting to get some papers from Van."

"Why don't you get them then, and go home to sleep?"

"Van's off his trolley to-day. Got to wait."

"Um.--'Furioso' on the Bench?"

"No.--Hot weather, I guess."

"Ah. Who's on deck then?"

"I don't know, and Van couldn't, or wouldn't, tell."

"Well, I was about to ask you to take charge of a little matter for me, but I'm afraid I oughtn't to keep you out of bed."

"What's it about?"

"Nothing but opposing an application for a bill of particulars. I don't care very much whether I win or lose. Merely contest it as a matter of form. You can submit it without argument, if you'd rather, but I've another case in Part IV., and can't wait here. Will you do it, you dormouse?"

"Yes--provided you won't damn me if you lose."

"Don't care a cuss."

"All right."

"Thank you. Good-bye."

Martin glanced lazily at the papers Allison tossed into his lap. _Phelps_ vs. _Orson_? What number was it on the calendar? He pulled the _Law Journal_ out of his pocket and consulted the list of "motions." Twenty-second case? Good lord--Allison had buncoed him! If he argued that motion he'd have to stay in the stuffy Court Room all morning. But he wouldn't argue it--he'd give the papers to Van, and let him hand them up to the Court when the case was called. Martin stuffed the documents into his pocket, and lolling back in his chair, tried to regain those scenes from which Allison had rudely torn him. To further this, he rested his head in his hand and closed his eyes. But try as he might, he could not again rid himself of his surroundings, for there was more movement all over the room as the waiting crowd grew restless, and directly back of him two men whispered with maddening persistency. For a time Martin tried to fuse their sibilants into the general buzz, but failing in this, began to listen to their conversation. In a few seconds he ceased to hear any of the other sounds going on about him.

--"Then Van doesn't know," one of the men asserted. "I tell you Colton's ill and he's been assigned to take his place. He's never sat here before? Well, of course not. That's just the point. You've got a head like a tack! Now listen to what I say, and, for God's sake, don't make a mess of it. The order's in a green cover like this----"

The speaker paused and Martin almost turned, but checked himself in time.

"No, there ain't many this colour.--You can't miss it if you keep awake. It'll be handed to Van sometime before recess. When he gives it to His Nibs you watch it like a cat, and the minute he signs it make for the telephone and notify 'em at the office. They'll keep the wire open. Now d'ye think you've got sense enough to work this thing straight?"

The other man made no response, but probably nodded, for his companion continued:

"All right then. I'm o double f. But remember if you botch it, you'll be wanting a new job."

The speaker rose and passed before Martin, who languidly glanced at him and then strolled into the Rotunda. Mullin the process-server stood, as usual, near the door. Martin touched his arm.

"Mullin," he began, "didn't you want to bet me a few days ago that you knew every man who entered this Court House?"

"Sure. Wanter take me up?"

"Yes," answered Martin, hurrying him toward the right hand stairway. "Bet you a good cigar you won't know the man in grey clothes we'll see coming down from the other side."

They had just reached the first landing when the person in question passed through the open hall below.

Mullin laughed.

"I'll take a 'Carolina Perfecto,'" he said and began to move up the steps again.

"Do you know him?" questioned Martin, slowly following.

"Sure. Everybody knows him. Give us something harder."

"Well, who is he?"

"Nevis--of course."

"Who's he?"

"Boss reporter of _The Guardian_."

"O, I thought he was a lawyer."

Martin spoke in a tone of disappointment.

"Nope. Too smart for that!" laughed the process-server.

"Well, I owe you a cigar, I suppose. We can't get a Carolina Perfecto here, but I'll see you when Court adjourns, or if not then, some other day."

"All right, Mr. Martin, your credit's good, I guess."

Nevis of _The Guardian_? What did that dirty sheet have to do with Court orders in green covers or any other covers? What sort of boys worked for such papers nowadays? Martin had himself served an apprenticeship in the newspaper world and still felt a lively interest in the ways of Park Row. He would have a look at the cub reporter left on guard. With this purpose in view he returned to the Court Room, but the moment he entered the door the object of his quest was completely forgotten. The judge had already ascended the Bench, and His Honour was Charles Blagden, Esq.

Martin slipped into a rear seat and watched the youthful face of the man behind the desk.

There was no love lost between Martin and the Hon. Charles Blagden. They had met as lawyers and Blagden had been the victor; they had met as men to differ on every matter of opinion and taste; they had met as rivals and Martin had written a letter of congratulation which had cost him the bitterest thoughts of his life. But Fortune continued to shower gifts upon her favourite and not very long after his marriage, an appointment to a vacancy on the Supreme Court Bench made Blagden the youngest Judge in the City.

Charles Blagden was a careful lawyer and he made a capable Judge--so capable, indeed, that his political party had just nominated him as its Judicial candidate for the coming November elections.

But not satisfied with the start which Fortune had thus given, the hero-worshippers set out to make Fame meet him half way.

What silly discoveries are made in the light of one small success; what senseless tributes are inspired by achievement--no matter what the agency. Blagden's capability as a lawyer became "distinguished ability" on the tongues of hundreds of his fellow-citizens who never knew him. There were dozens of prophets who had always "marked him out," and scores of men ready with stories and anecdotes of his prowess and skill.

Martin had watched Blagden's career with a jealousy but little removed from positive hatred, and every word of this indiscriminate praise fretted him almost past endurance. He felt himself as able a man as his rival, he knew many lawyers more worthy of distinction and, smarting under the injustice of these sudden acclamations, he began to grow contemptuous of public esteem.

It was not long, however, before he awoke to the danger of brooding over such thoughts. The world was big enough for them both, and the mighty metropolis was a world so wide that the blotting out of any face was only the matter of a step in the crowd. This man should not spoil or embitter his life.

From the moment of that resolution Blagden disappeared from his horizon, and Martin began to view life again from his normal standpoint.

It was only when business threatened to bring him into Blagden's Court that he experienced the old feeling of bitterness. But then it returned with a rush. One such lesson had been sufficient to warn him however, and Martin thereafter appeared before Judge Blagden by proxy only.

It was just as well, he thought, as he felt the hot blood surging through his veins, that Allison didn't insist upon his arguing _Phelps_ vs. _Orson_. It would have been impossible to address that Self-Satisfied Piece of Humanity with respect. Thank goodness he could escape by handing the papers to the Clerk!

He rose and passed along the rear of the Court Room. In the far corner sat a newspaper artist sketching the Judge and the scene about his desk. Martin glanced sharply at the man, but he was absorbed in his work and obviously not on the outlook for green-covered law papers. Nearer the front, however, sat a young fellow studying every movement behind the rail, and sometimes even rising nervously from his seat in his efforts to keep a clear view. This was undoubtedly the youth whose place depended on his vigilant watch of the Bench. What the devil was it all about? In an instant his old newspaper instinct had carried everything before it and Martin passed down the middle aisle, seating himself immediately behind the young reporter.

"_Phelps_ vs. _Orson_."

Martin started at the sound of the Judge's voice, every fibre in his body tingling with instant defiance.

The defendant's attorney answered "Ready," but Martin made no response. He knew he did not intend to argue the case and should promptly state the fact.

"_Phelps_ vs. _Orson_?" repeated the Justice inquiringly.

"Ready!" answered Martin, yielding to the call of sheer perversity.

It was childish, petty, absurd--and he knew it. But at that moment to defy custom, to oppose everything and everybody, to hamper and obstruct the Court in every possible manner, no matter how futile, seemed absolutely essential to the assertion of his independence and the maintenance of his self-respect.

Some one vacated a seat immediately in front of the nervous reporter who hastily gathered his papers together and moved into the empty chair. Martin at once rose and took the journalist's place. As he did so he felt something crackle beneath him, and rising picked up a crumpled piece of paper from the seat. It was a sheet torn from a reporter's pad, and as he lazily unfolded it Martin saw it was covered with writing in a weak, boyish hand. To the initiated the scribbles were unmistakable studies in newspaper captions or headings--the "makeup" of which Martin recalled as a fad of his cub-reporter days.

The first attempt was as follows:

"A CANDIDATE CORALLED."

Then came several other "settings:"

"A SUPREME COURT SCANDAL."

"A JUDICIAL JUDAS."

"A DANIEL COME TO GRIEF."

This last effort apparently satisfied the embryo city editor, for his sub-headings were written below:

"AN EXTRAORDINARY COURT ORDER UNEARTHED BY _The Guardian_."

"It Bears the Initials of the Hon. Charles Blagden, Candidate for Judicial Office."

"A Searching Investigation to be Instituted. Lawyers Indignant. Litigants Astonished."

Martin read the words with savage satisfaction.

So, the Hon. Justice was playing tricks, was he--and not very good tricks either? He was on the point of being exposed--was he? Well, it was about time something happened to those noiseless wheels of the little tin god! People were beginning to believe there was something miraculous in his transit. It had long been heretical to suggest either pull or push. But both agencies have to be paid for in one way or another, and at some time.--To pay whom or what was this green-covered order required?--What a shock it would be for the worshippers to see their metal divinity wobbling on his stand and to hear the shrieking of his squeaky rollers! Fortunately for him some of his triumphs were secure, but it would be interesting for at least one person to discover---- No, she would never discover anything. Charlie would tell her it was all right--and that would make it so.--"Charlie," indeed!--Ugh!

A sharp movement in front of him aroused Martin from his bitter musing. The young reporter was leaning forward in his chair, staring at a little clean-shaven Hebrew who had entered the room and was leaning on the rail, a green-covered legal paper in his hand.

Van took the document from the messenger, shook it open and placed it at the bottom of the pile of orders on the Judge's desk. The Court had already begun to hear arguments, and as the Counsel talked the Judge occasionally took up one of these orders and signed it. Clerks kept entering the room from time to time, handing papers and orders to Van, who added them to the rapidly-increasing pile on the Judge's desk.

Meanwhile Martin stared at the green edge of the order in which _The Guardian_ took such a lively interest. How did that paper come to know its contents? _The Guardian_ was politically opposed to the Judge's party--was, indeed, the semi-official organ of the enemy. It could not be in the confidence of the Judge's friends. No avenue of exposure would be more carefully watched than that which led to the columns of _The Guardian_. There must be a traitor in the camp. Or perhaps some honest man, despising underhand methods, had given the clue to the most effective police. But if an honest man desired to protect his party, would he not frustrate the scheme rather than expose it after it was accomplished? Yes, some traitor must be selling information to the opposition. _The Guardian_ certainly would not hesitate to buy dirty secrets. It was savagely partisan--unscrupulous and daring. It fairly slobbered with the froth of sensation--lived on scandal, and obtained its pabulum by any and every means. Thus far there had been little to feed upon in the career of the Hon. Charles Blagden. But it would not shrink from providing itself with carrion if a touch of one of its underground wires would suffice.--Might not _The Guardian_ know the history of the green-covered order at first hand?

Martin dismissed the thought again and again, but it gathered strength and substance and forced itself upon him. He recalled the words of the Boss Reporter about Blagden's never having sat at Chambers before. He had explained that that was "just the point." And the point was--? Obviously that the work at Chambers was hurried, and that a novice would be apt to sign papers without due deliberation.

What could be easier for a sheet like _The Guardian_ than to trump up a legal proceeding of some sort, and to concoct, with the aid of cunning lawyers, an order unobjectionable on its face, but which would compromise the reputation of any Judge who signed it? If the plot miscarried, the conspirators could readily cover their tracks and make good their escape.--It was a dangerous game but not a new one.

And if all this were so, what had he, Martin, to do with it?

Of course if Blagden was playing tricks he deserved to get caught and no one but the hero-worshippers could be expected to cry.--But if he was being tricked?--That was just the question to be decided. He, Martin, was merely a spectator, interested in the event, it is true, but still only an onlooker.--Was that true? Had not that rôle been forfeited when he acquired special information? Was his attitude a perfectly passive one? If any other man than Blagden was on the Bench would he not instantly communicate what he had heard? Would he feel no disappointment whatsoever if Blagden refused to sign the order? Frankly--was he not waiting to see his enemy walk into what he believed was a trap?

Martin flushed at the silent self-accusation and instantly pronounced it absurd. What could he do? Any man who goes on the Bench has to assume grave responsibilities and take the risk with the honours. Blagden's attitude had always been a silent boast of needing no help from anyone. Would not interference give him an opportunity for retorting that "he had the office and Martin the officiousness." How he would roll that under his tongue!--No, Blagden could take care of himself. He would never thank anyone for playing nurse for him.

The papers on the Judge's desk were piling higher and higher, and he began to sign or reject them more rapidly as the time wore on. Martin glanced at _The Guardian's_ order. It was still buried under a dozen others.

Why did he think of it as "_The Guardian's_ order"? He had no proof of the matter. But were not his suspicions strong enough to excuse a warning? What did he fear? A snub? Well, that was better than "_the laughter of the soul against itself when conscience has condemned it, which the soul never hears once in its fulness without hearing it forever after_."

How often he had repeated those lines to himself! What a hopeless, haunting sound they had in them! He hated this man--but was he willing to wear the _The Guardian's_ mask and hear forever after the hideous laughter of the soul?

Martin glanced again at the Judge's desk, and then rapidly writing a few words on a piece of paper, folded and addressed it to the Hon. Charles Blagden, and carried it to the Clerk's desk.

Van, restored to his usual good humour, met him with a smile.

"Why didn't you come earlier for your papers, Mr. Martin?" he whispered. "I've had them here for you ever since Court opened."

"Much obliged, Van. Just hand this note up to Judge Blagden--will you?"

"I can't do it, Mr. Martin. His Private Secretary says it's one of his fads. He won't even let us hand him telegrams when he's on the Bench."

"But this is more important than a telegram, Van," replied Martin in a low tone. "Hand it up to him and I'll assume all the responsibility."

"I'd like to oblige you, Mr. Martin, but----"

"You will not be obliging me, Van, but him."

The veteran clerk gazed at the earnest face of the lawyer for a moment, and then reached out his hand for the letter.

"I'll try it, Mr. Martin," he whispered.

It was some moments before the Justice noticed Van standing near his chair, and raised his eyes inquiringly. The clerk held out the folded piece of paper, but Blagden frowned and impatiently waved the official away. For a moment Van lingered, but when the Magistrate swung his chair so as to turn his back on the interruption, he rejoined Martin and handed him the rejected note, with a smile and a shrug.

Martin took it and sat down again with a distinct feeling of relief. He had done all he could. If there was anything wrong with the order he had tried his best to call it to the Judge's attention, and that pompous fool had rejected the opportunity. He might as well hand up the _Phelps_ vs. _Orson_ papers and go back to the office.

Martin pulled the small bundle out of his pocket and studied the indorsement. _Phelps_ against _Orson_? Why, that must be the case Dick Phelps had talked about for half an hour at the Club the other night. Of course it was--Allison was his attorney. Well, that was rather odd. Martin wrote "_submitted_" on the first paper in the bundle, and then glanced at the Bench. The green order was fourth from the top.

Why the devil did his heart keep thumping with excitement! He had done more than ninety-nine men out of a hundred would do. Anything more would be asinine interference for which he would have time to repent at leisure. He'd get right out of that stifling Court Room--

"_Phelps_ against _Orson_" called the Judge.

For a heart-beat Martin hesitated. Then he rose to his feet and walking directly to the Counsel's table slipped the rubber band from his bundle of papers and sat down.

As his opponent began to speak, Martin lazily read through his papers, making an occasional note on a loose sheet of legal cap. When he looked up again the green order was second from the top. Then he shoved his chair back and watched the Judge who, as the Counsel ceased speaking, took up another paper, leaving the green-covered order at the top of the pile.

Martin glanced at the clock and noted that recess would begin in twenty-five minutes. Then he sat quietly and waited till the Judge, surprised at the unusual pause, looked at him, and nodded.

"Proceed, Mr. Martin."

Martin gazed fixedly at the Bench and rose with great deliberation and dignity.

"If it please the Court," he began solemnly, "this is, on its face, a simple motion for a bill of particulars--part of that sparring for position which precedes every legal encounter. But at the outset I ask the closest possible attention from the Court, for before I have finished I expect to show that this apparently simple motion cloaks a matter of vital importance, not only to these litigants but to the public at large."

Judge Blagden leaned back in his chair and listened to the lawyer with grave attention. The attorney for the defendant stared at the speaker in blank astonishment.

It was, Martin continued impressively, a case in which a knowledge of all the facts was of supreme importance. To understand certain actions one must follow the wires that control them, underground or overhead, until the hand which clutches them be discovered. For this reason he would take the liberty of detailing to the Court the history of the litigation.

Martin then launched into a minute and deliberate recital of the facts. He dwelt upon the private history of the plaintiff, traced his business career from its beginning up to the day of the transaction with the defendants, described the fruitless efforts of the parties to settle their differences out of Court, and the failure of the attorneys to come to any agreement.

At this point the defendant's attorney interrupted, claiming that none of these facts, however interesting they might be, was to be found in the papers, and that Counsel must be confined to what was therein stated.

Martin admitted that, ordinarily, this would be proper, but in this case he asked for "great latitude for grave reasons." Then, with marked emphasis, he recapitulated all the various points he had detailed and asked the Court to note their important bearing upon what he was about to disclose.

The opposing Counsel shifted uneasily in his chair and shook his head in utter bewilderment, and the Justice leaned forward on his desk.

Then Martin picked up the bill of complaint and began to read it with great deliberation. That seemed to break the spell.

"Mr. Martin, I must ask you to come to your point, please," interrupted the Justice.

"I am coming to it now, Sir."

He again took up the complaint and once more began to read it aloud.

Judge Blagden revolved his chair restlessly from side to side and again interrupted--this time impatiently.

"You have already occupied almost twenty minutes, Mr. Martin. This is not, you know, the Court of Appeals."

"Where your Honour's decision can be reviewed if incorrect? I am aware of that, Sir."

The Magistrate looked sharply at the speaker, who regarded him with a calm, cold glance.

"The Court cannot allow you to consume much more time, Sir. The decision of this motion is largely a matter of discretion----"

"Which your Honour will remember is the better part of valour."

Judge Blagden frowned angrily at the speaker and picked up the green-covered order.

The Court Room was hushed to almost breathless stillness.

"Go on with your argument, Mr. Martin, but be brief." The words came from behind the paper in the Judge's hand.

Martin instantly sat down.

The Judge stopped reading and peered over the desk.

"Well," he queried, "have you finished?"

"No, Sir, I have not," answered Martin positively.

"Then proceed, Sir."

"When the Court honours me with the courtesy of its attention I will proceed--but not until then."

The answer was a challenge, sharp and decisive.

"I am listening, Sir," retorted Blagden, in a tone of marked annoyance, "and I have been listening much longer than should be necessary. Get to your point at once."

"If the Court is willing to undertake a divided duty," Martin paused until the Judge's eyes met his--"I am unwilling to receive a divided attention."

"The Court has no inclination to hear further suggestions from Counsel on this point."

The Judge took up his pen, dipped it in the ink, and turned to the last page of the green-covered order.

Behind him Martin could hear the cub-reporter tiptoeing to the door.

"Then if the Court will not give me a hearing I demand that it read my brief!"

Martin thundered out the words so fiercely that the audience started perceptibly and the Judge looked up in angry astonishment.

"Sit down, Mr. Martin," he ordered sternly.

"I hand you my brief, Sir," answered Martin, holding out a folded sheet of legal cap, "and request its immediate consideration."

"You may hand it to the clerk, Sir; it will be considered at the proper time."

"I request the Court to read it now."

"The Court will not entertain it at present."

"I demand it as a right!"

"Mr. Martin, you forget yourself."

"You are right, but still I demand that this brief be now read."

Martin leaned over the rail and placed the document upon the Judge's desk.

In the pause that followed, the Magistrate's eyes followed these lines indorsed on the cover of the paper thrust before him:

"_Look out for the green-covered order in your hand. Suspect something fraudulent. Parties now in Court watching you. Am talking against time._"

Then the stillness of the room was broken by the Justice speaking in a constrained voice:

"The Court will now adjourn for recess. In the meantime, Mr. Martin, I will consider your brief."

* * * * *

It was some days after the crowd had ceased discussing the way Blagden "got called down by Martin" that the latter wrote a short reply to the former's long epistle.

"_Mr. Martin respectfully acknowledges Judge Blagden's letter of the 10th inst., and is gratified to learn that the warning was not wholly uncalled for. The Justice, however, may rest assured that he is under no obligation to Mr. Martin, whose sole concern in the matter was his honour--but not His Honour Charles Blagden._"

AN ABSTRACT STORY.

Williams ought to have known that whenever Meyer wanted a title searched he shopped with it until competition eliminated the margin of profit. But whether he knew this or not it was perfectly plain that there was no money in the East Broadway work at the figures he agreed upon. However, year after year the legal arena is gladdened by the advent of certain rosy-cheeked, enthusiastic youths who fancy they can change the instinct of Chatham Square and acquire control of big real estate operators like Meyer, through the simple expedient of doing some of their work for nothing. Moreover, each newcomer thinks he has evolved an entirely novel plan for working up a practice. At first I thought Williams was one of these delightfully optimistic individuals, but subsequent events have demonstrated there was more method in his madness.

Williams was in love with Miss Thornton. Everybody knew it, though, as Parsons said, Miss Thornton didn't seem to know it by heart. The more fool she, I thought, for Williams was a first-rate fellow and a far better man than that doll-faced, shallow chit had any right to expect. I admit it isn't very gallant to speak of a girl in this way, but I sometimes think a little plain truth about the fair sex would make them more fair. Miss Thornton had prettiness enough of a certain kind, she wore her gowns well and looked the girl of good breeding that she was. But beyond that--well, I never could see what made Williams so desperately in love with her. Therefore when R. Castelez Forbes appeared on the scene, though I sympathised with the discomforted swain, I could not really feel very sorry for him.

Where R. Castelez Forbes came from was more or less of a mystery. Mrs. Thornton told me she met him on the "Teutonic" and that he had been "awfully kind" to Daisy and her during the passage. She had invited him to spend a day or two in the Berkshires, and since then they had seen a good deal of him. To my inquiry as to his business Mrs. Thornton replied that he was "something in the manufacturing line" and she believed "quite a rising young fellow." She was a hopelessly silly woman. Mr. Thornton was an able man, but too easy going and good-natured to trouble himself about the antecedents of Miss Daisy's callers.

It did not take much to frighten Williams off. He was sensitive as most manly fellows are when in love. But had he possessed far more self-confidence there was quite enough in the situation to have discouraged him. Miss Thornton and Forbes were constantly together, and although no engagement had been announced most people spoke of it as "an understood thing."

Such was the situation when Meyer brought the East Broadway papers to Williams and inquired his fee for searching the title.

Williams glanced at the contract of sale for a moment, turned to the last deed in the Abstract and promptly named a figure so low that even Meyer feared to ask for a reduction, although he did insist on the work being finished in a week. The bargain was closed then and there, and everybody who heard of it cursed Williams for cutting prices to a point where neither he nor anyone else could hope to make money.

But the last item in the East Broadway Abstract would have explained to the initiated why Williams undertook the work at losing rates, and it certainly excused him for beginning his investigation of the title wrong end foremost. This item read as follows:

} _Warranty Deed, F. & C._ _Reginald C. Forbes_, } _Dated May 1, 1887._ _To_ } _Ack. May 1, 1887._ _Beatrice Gordon Forbes_, } _Rec. May 2, 1887._ } _Cons. $1._

_Conveys premises under examination._

which meant that, at the date named, one Reginald C. Forbes had transferred the East Broadway property to a woman named Forbes at a nominal price. The contract of sale showed that this same Miss or Mrs. Forbes had agreed to sell the property to Meyer.

Within ten minutes after he had received the papers, Williams was hot upon the trail. Within an hour he had learned all he wished to know.

The Register's Office showed that the deed made by Reginald C. Forbes was recorded at the request of Messrs. Harmon & Headly, and at their offices Williams made his first inquiry.

"Yes, I know Mr. Forbes," replied Mr. Harmon--"at least, I did know him. He was a client of mine some years ago. Why do you ask?"

Williams exhibited the Abstract and pointed out the deed in question.

"I recall the transaction," continued the old lawyer, after a moment's thought. "Forbes conveyed the property to his wife for one dollar, in consideration of her releasing him from alimony and dower rights.--Yes, she obtained a divorce from him some time in '86 or '87. I think you'll find her agreement on record, but perhaps Forbes didn't record it. I haven't seen him for years, and don't know what's become of him.--Do I remember what name the initial C stood for? Yes, I believe I do. It had a Spanish sound. Something like Castilian. Castelez? Yes--that was it."

Williams thanked Mr. Harmon and went home to work his way through a maze of tangled thoughts to the conclusion that his duty to his neighbour, Miss Thornton, was to love her far better than himself.

His reasoning was something like this: Miss Thornton had been cruelly deceived. She had honoured a scamp by receiving his attention. Perhaps she had even given him her love. But in any case, humiliation was to be her portion. The blow to her self-esteem she could not escape--but might he not save her pride the lasting sting of even a partial publicity? How could this best be done? To speak to a man of Forbes' character would be a waste of words and give no protection to the girl. Mr. and Mrs. Thornton were in Bermuda, and every moment's delay must add insult to the injury. The girl's chaperone was a foolish hysterical old aunt whose idea of action in emergency would probably begin and end in a telegram. What if he undertook the task himself? He was a rival and she might not believe him? There was no chance for disbelief. If she required proofs--they were at hand. His knowledge of her humiliation would make her hate the sight of his face, and she would never forget or forgive it? He would still have saved her something of bitterness, and for this there was no sacrifice he would not make.

Now I do not propose to argue that Williams took the wisest course even if Mr. and Mrs. Thornton were in Bermuda--I am not prepared to say he was not quixotic--I am ready to admit he was disqualified from acting either as tale-bearer or guardian, but I do maintain that in taking upon himself the responsibility of putting the girl in possession of the facts, he showed far more moral courage than nine out of ten men would display under similar circumstances.

Had Miss Thornton's mind been built upon broader lines, she would have appreciated the admirable tact with which Williams handled the whole subject and understood the delicacy and deference which disclosed the truth so gradually that she seemed to discover it for herself. But Miss Thornton's mind was somewhat self-centred, and as she heard his story her pretty face showed nothing but its prettiness. She listened to the words of the man, but took no note of his quiet, sympathetic tone. Suddenly the situation dawned upon her. Her cheeks flushed, her hands, which had been clasped behind her shapely head, fell, and she sat there in the half light of the cozy drawing-room gazing before her without seeing the pained and tenderly anxious glance of the man who stood looking down at her.

"Good night, Miss Thornton.--Won't you even say good-bye?"

There was no answer from the girl who, with elbows on knees and her chin in her hands, stared into the fading fire as though unconscious of his presence.

"Good-bye, then, Miss Thornton, and--and God keep you--dear!"

Now it may be true, as her garrulous old aunt told me, that Miss Thornton was discovered in the drawing-room that night weeping bitterly, but if so, I venture to assert her tears were those of anger--the tears of a spoilt child. However, the point is not what I think, but what Williams thought. He left the Thorntons' house firmly convinced that he had wholly failed in his mission and succeeded only in making the woman he loved hate him. But as he lay awake brooding over the situation the possibility presented itself that the girl might go to Forbes with the story and assert her loyalty by offering to marry him then and there. Such things had happened before. As he thought it over, the possibility became a fear, and the fear a resolution to protect the girl, not only against Forbes, but if necessary against herself. The step he took was theoretically quite as impossible as his original action. But to attempt the impossible is sometimes to achieve it.

Early the next morning Williams looked up Pierce & Butler, the attorneys who had represented Mrs. Forbes in the divorce proceedings, obtained her address, and straightway called upon the lady herself. His interview was short, but at its close he made another extraordinary move. He telegraphed Meyer that the East Broadway business was to be closed within twenty-four hours. Seeing that he had not up to that time made any adequate examination of the title, his action must have seemed somewhat rash to his clerks--especially as he spent most of the intervening hours, not at the Register's office, but in the building of the green lamps on Mulberry Street known as Police Headquarters.

As a result of this, the first callers at Williams' offices on the following morning were afforded singular accommodations. One of them was stationed behind the portières, another was supplied with a seat in a closet, and another was ensconced in a coat-cupboard.

Then Williams sat down at the big table in the Title-closing room and waited for Meyer and the other parties to the purchase and sale of the property. They came promptly.

Meyer arrived first, accompanied by Jacobs, his confidential clerk, for that prudent Hebrew never did anything without one of his own people being present as a witness; then Mr. Winter, the real estate broker, dropped in, and when finally Mr. August Stein, Attorney-at-law, introduced himself and his client Mrs. Forbes. Williams showed no surprise that Mr. Stein's client did not in any way resemble the Mrs. Forbes he had interviewed only the day before.

Mr. Stein was a nervous, active little man who spoke in the sharp brisk tones of one who has much to do and but little time to do it in.

"Now, Mr. Williams, you are all ready, I hope. I have another appointment at 11.30. You found everything clear? Of course--of course. It isn't everyone who can carry East Broadway property free and clear.--No, indeed, Mrs. Forbes."

The attorney smiled approvingly at his client.

Williams studied the papers in his hand and answered without looking up.

"Everything is completed except the formality of identification. Of course it's all right, but you know I have not had the pleasure of meeting Mrs. Forbes and I don't think my client has----"

Meyer shook his head.

"Well, don't let's waste time on that," Mr. Stein interrupted, "you know Mr. Winter here, and he will identify Mrs. Forbes to your satisfaction."

Williams glanced inquiringly at the broker whom he had known for a couple of years.

"Do you identify this lady as the owner of this East Broadway property, Mr. Winter?" he asked.

"Surely--surely," was the answer.

"How long have you known her, Mr. Winter?"

"Well, about--I should say--it must be--two years."

"Who introduced you--or how did you meet?"

"Now, Mr. Williams," interrupted Mr. Stein, "this is very interesting, but it's wasting my time. All this should have been attended to before I was summoned. I am a very busy man and you'll have to postpone the whole matter until to-morrow. I really can't wait."

Mr. Stein began buttoning up his coat and reached for his hat.

Williams fumbled among his papers for a moment and drew forth an affidavit.

"Perhaps we can save time with your aid. This is rather a large transaction for me, so I have to go slowly. You will have no objection to signing this affidavit of identification--will you, Mr. Stein?"

The attorney adjusted his glasses.

"It's not necessary, Sir," he remarked, merely glancing at the paper and handing it back.--"It's not at all necessary. There is already sufficient evidence to satisfy any reasonable man and we are not obliged to satisfy you. It was your duty to have convinced yourself before the time of closing."

"I didn't suppose you would have any objection to giving the proof required."

"I don't know that there is any objection, but I've been closing real estate titles all my life and I know my rights and don't intend to be imposed upon."

"I'm not trying to impose upon you, my dear Sir."

"That's just what you are trying to do and I don't propose"--the lawyer rose and began to gather up his papers.

"What is the matter, Mr. Stein? Why are you getting excited?"

"I'm not excited, Sir, but I propose to be treated with decent respect and not like a shyster, and since you insist----"

"But I don't insist----" interrupted Williams. "Sit down, Mr. Stein."

----"Since you insist," persisted the lawyer, walking toward Mr. Meyer, "I make a tender to your client of this deed----" he drew a document from his pocket and handed it to Meyer's clerk.

"Sit down, Mr. Stein," repeated Williams sharply,--"unless you want me to think you are seeking an excuse to break this contract.--Sit down at once, Sir!--Mr. Jacobs--let me look at that deed."

The clerk handed the paper to him and Williams glanced at the signature.

"This is already signed and acknowledged before you as witness and Notary, Mr. Stein. It is perfectly satisfactory. Let us proceed."

The attorney slowly sat down again and then laughed uneasily.

"I had completely forgotten that, Mr. Williams. Your insistence nettled me for the moment and quite put it out of my head. A tempest in a tea-pot--much ado about nothing, of course!--But rights are rights, you know.--It's instinct with us lawyers to insist upon them, isn't it?"

"Mr. Meyer, kindly hand your check to this lady who will deliver her deed," directed Williams, as he passed the paper to the woman.

Meyer beckoned the young lawyer to the window.

"Is everything all right?" he whispered, as he fumbled in his pocket for the check, "are you sure?"

"Do as I tell you!" was the whispered answer, so sharp and savage that the old man started and his cunning eyes flashed angrily. For a moment he hesitated, gazing earnestly into the calm face of his counsel and then turned suddenly and handed the check to the woman.

"Is that check certified? Let me see it!" cried Stein starting to his feet. The woman handed it to him, at the same time delivering the deed into Meyer's outstretched hand.

"Now what did you do that for?" Stein snapped angrily at his client--"can't you wait----"

He stopped suddenly, for something clicked behind him and he turned just in time to see Winter handcuffed and struggling in the arms of a detective.

With a cry the fellow leaped across the long, narrow table, but as he landed on the other side he found himself facing the muzzle of a revolver pointing at him from the window curtains. Without a word he threw up his hands, and as he did so passed the check into his mouth. The movement did not escape Williams, and like a flash his revolver was between the fellow's eyes.

"Spit it out," he said quietly. "Don't chew it! This revolver is self-cocking! One--two----"

The check came again into evidence.

"Hands down for the bangles--my son," ordered the detective as he stepped toward Stein. As the handcuffs snapped, Williams lowered his weapon and picked up the check. Then as the men moved their prisoners toward the door he turned to the woman.

"Mrs.--Forbes," he began in a low tone, "won't you be good enough to tell me your right name?"

The reply was a paroxysm of tears and sobs. Williams waited for the outburst to subside and then quietly repeated his question. The answer came brokenly between sobs.

"It'd be--it'd be Mrs. Forbes--if--if--I had my rights!"

Williams stared at the speaker in utter amazement. Was there something more in this case? Who was this woman, anyway, and why did she claim any right to Forbes' name?

"And until you get your rights," he said, "what shall I call you?"

"Mary Halpin--Miss," answered the woman, sullenly.

Williams signalled the waiting detective to stop where he was.

"Well, Mary," he continued, "will you kindly go into my room for a moment?"

The woman rose and passed into the room indicated.

"Miss Halpin," began Williams when the door closed, "I suppose you are well aware what your position is, and that it can't be made much worse. I cannot, of course, promise you any leniency, but if you want to answer a few questions you can regard yourself as speaking confidentially to your Counsel, and I may possibly be able to give you some advice."

The woman looked at him in silence for a moment and then nodded.

"Are you the Mary Halpin mentioned in the divorce case of _Forbes_ vs. _Forbes_?"

"Yes."

Williams studied the face before him, and as he did so, possibilities began to crowd thick and fast upon his mind. He determined to risk something in his next question.

"Mr. Forbes suggested that you impersonate Mrs. Forbes," he asserted boldly.

"How do you know that?" snapped Miss Halpin.

"No matter--I do know it. What reason did he give for wanting you to impersonate his wife?"

The woman buried her face in her hands and Williams let her cry it out.

Here was a nice ending to all his plans for Miss Thornton! If Forbes' connection with this case was known what a splendid newspaper story his courtship of the young society girl would make! All the horrors of publicity would be crowded upon her with crushing force. She might bear humiliation in the sight of her friends, but not before the gaze of the world. If anything was to be done to strangle that journalistic tid-bit it must be done then and there.

"Why did he want you to impersonate his wife?" repeated Williams.

The woman looked at him through her tears.

"He said he had to have the money and--if I did it--he'd have plenty. He said--he said there was no harm--that I was--I was--that I had a right to say I was Mrs. Forbes, and he'd marry me afterwards. But he'll never do it now!" she sobbed, "he'll never do it now!"

"I think he will."

Miss Halpin stopped weeping and stared eagerly at Williams.

"O if I thought that!" she began. "I'd do anything--anything!"

"Listen then. Does Winter or Stein know of Forbes in this matter?"

"No, no."

"Don't they know he's back of you?"

"No."

"All your own game?--You bought them yourself?"

"Yes."

"And you don't want revenge on Forbes?"

"No, no. God forgive me, I love him!"

"Then prove it. You will be taken to the Tombs now. Don't get frightened. Say nothing to anyone. Before night Forbes will get bail for you and you will go at once with him to Dr. Strong's in Jersey City. Forbes has promised to marry you before?"

"Yes."

"So I suppose you wouldn't mind having some sort of hold on him?"

The woman smiled.

"All right, I'll give you some advice. If he hesitates at the altar this time tell him you've been asked to turn State's evidence and remind him that it is difficult for wives to testify against their husbands. That's all. Good-bye."

Williams opened the door and stepped into the outer office.

"You will find your prisoner in my room, Sergeant," he said to the waiting detective.

"Dan," he called to the office boy, as the door closed upon the officer and his charge. "Ring up Mr. R. Castelez Forbes, and say I want to see him here at once."

Ten minutes later Williams was retained by R. Castelez Forbes, and gave that gentleman some sound advice. The same day toward evening, Mrs. R. C. Forbes, _née_ Halpin, and her husband, _alias_ R. Castelez Forbes, started very privately for the West, and the City of New York was the richer in forfeited bail.

* * * * *

It is often difficult to differentiate between the accessory to a crime and the counsel defending the criminal. Williams, of course, might plead confidential communications, which certainly cover a multitude of sins. But I prefer to pardon him on the theory that all is fair in love and--well, law is a sort of civil war. Sometimes not even civil.

If this wasn't a true story, I might report that Williams married a fine woman in every way worthy of him, and that Meyer as a reward for that day's good work gave him all his business ever afterwards. But the facts are Williams never married, and Meyer refused to pay his fee. Whereupon Williams promptly sued him for the money, won the suit and collected every cent due him. That is the real reason why the old scamp respects him nowadays and gives him so much of his business.

BY WAY OF COUNTERCLAIM.

I.

There are office buildings still standing in down-town New York where the occupant does not merge his identity with the numerals on his door. But they are very old buildings and the tenants are apt to be as old-fashioned as their surroundings. It was in one of these venerable piles that Clayton Sargent passed his legal apprenticeship, and perhaps this explains some things in his career which are otherwise inexplicable.

When Sargent was first ushered into the offices of Messrs. Harding, Peyton, Merrill and Van Standt he found a suite of plainly furnished rooms connected by green baize doors and surrounded by law books from floor to ceiling. The desks were large and dignified--almost learned in their solidity, as though they had soaked in all the wisdom that had dripped from the pens and all the experience of the pen holders.--The large iron safe built into the wall of the rear room looked a very monster of mystery from whose cavernous jaws no secrets would ever escape, and in whose keeping confidences were secure as with the Sphinx.

No sound of the typewriter was ever heard in those rooms, though the crackle and snapping of the soft cannel coal in the open fireplaces would occasionally lure someone into betting that "the Ancients had surrendered." No telephone ever tinkled its call inside those doors and no member of the firm ever learned to use that instrument.

Harding, Peyton, Merrill and Van Standt's law papers were a joke in the profession. They were engrossed on parchment-like paper and tied with blue or red silk string, and if a seal was used two bits of ribbon always protruded from its edge. But those who read these documents, though they laughed at the outside, respected the inside, for "the Ancients" had a large practice and knew how to keep it.

"They're harmless old birds," said Elmendorff, whose place Sargent was taking, "but utterly impractical. I've been three years in a live office and I tell you I couldn't stand this. You'll waste your time here. Why, not a week ago I heard old man Peyton tell a client that he'd better put everything on the altar of compromise and then offer to divide, rather than get into litigation. They're dying of dry rot. You can't get up a scrap here to save your eternal. Just think of this for instance. Last month I began an action for the Staunton Manufacturing Company against Mundel and it was dead open and shut, too. Well, in walks Harding one morning madder than hops. 'How did this get in the office?' says he, waiving the complaint. I told him I advised the plaintiffs that they had a good case. 'Good case!' he roars. 'There's not the slightest justice in the claim--not a scintilla of justice, Sir!' 'But we can win,' I told him, and I showed the old fool where the defendant had slipped up in the wording of his contract and how we had him cold. Well, darn me, if he didn't get hotter under the collar than before, asking me if I thought his firm were hired tricksters and bravos and I don't know what. Finally he bundled all the papers back to the Staunton Company and wrote them they oughtn't to sue. That settled me, and so I told them I'd have to get out into the world again before the moss grew. It's a pity, too, for they've really got a smooth lot of clients if they only knew how to work them."

So Elmendorff departed, but no one ever heard that he took any of the Ancients' practice with him.

It was this atmosphere which Sargent breathed for three years, and perhaps, as has been said, that may account for some of his many eccentricities and explain, in a measure, his treatment of Fenton.

Fenton had married the daughter of Brayton Garland, one of Mr. Harding's clients, and when his wife sued him for divorce he brought the papers to Sargent.

It was in offices very different from the Ancients' that Fenton found his counsel. They were on the 17th floor of the Titan Building, on lower Broadway, where the draught in the hall steadily sucked a stream of people into elevators, which, with the regularity of trip-hammers, shot them up breathless and dropped them gasping.

There were three law firms in the same suite with Sargent,--four attorneys "on their own hook," a Seamless Mattress Company, an Electric Drying Company and a Collection Agency. Typewriters clicked in every room, messengers clattered up and down the long hallway, brass gates on the railed-off spaces swung to and fro crashing with every swing, the telephones sung a constant chorus, electric bells buzzed and tinkled, doors banged, papers rustled, voices droned or struck the air in sharp staccato, and yet in the midst of all this restless human energy there were times when Sargent felt lonely. It was not merely that he missed the atmosphere of quiet and study, but the very rush and scramble seemed to generate ideas and actions foreign to the code of professional ethics and dignity which governed the Ancients.

Sometimes the denizens of the Titan Building discussed the matter with him.

"Theoretically your venerable friends are all right," a brilliant, pushing young lawyer told him one day. "The man who lives by maxims in this day and generation will have food for thought, but he'll never earn his salt. We start with the same point of view, but----"

He shrugged his shoulders.

"But someone throws gold-dust in our eyes?" suggested Sargent.

"Bosh!" was the retort. "Don't talk the cant of the incompetent. The Bar is of a higher average to-day than it ever was before."

But despite the "high average," Sargent often felt himself a solitary outsider looking on at the mad clamour and pitiless pursuit and wondering if it was worth all it seemed to cost. A defect in early education--this pausing to think--for philosophers on lower Broadway are apt to have but brief careers.

"There's nothing in the case," Fenton told his counsel, who sat gazing out of the window at the tiny human ants crawling in and out of the stone heaps in the street below.

Sargent looked narrowly at his client, but the side face told him nothing, so he made no comment and Fenton continued,

"I don't know why she wants to drag us into court. I suppose some long-whiskered tabby has been telling her I ought to stay home every night. Say, Sargent, isn't there some way of bringing her to her senses?"

The speaker turned from the window with a gesture of impatience, and Sargent studied the handsome though somewhat boyish face. He knew Fenton for an easy-going fellow, but no fool. He was a young man who had earned his money by his own brains, acquiring all the self-confidence and other characteristics, good and bad, which accompany achievement. There was strength of character in his face, and a certain firmness of purpose about the mouth that suggested something which the clear blue eyes contradicted.

"You say there is nothing in the case," Sargent answered. "Why do you suppose she brings suit? I don't know Mrs. Fenton, of course, but women are not anxious as a rule to get themselves into court. Have you tried to see her and obtain an explanation?"

"Lord, no! If you knew her you'd see how useless it would be. There's no way out of this except by showing her we mean business. She's nearly killed all the affection I ever had for her by this nonsense, but I want it stopped--and stopped right now."

The suggestive lines of Fenton's mouth were strongly marked as he snapped out the last words.

"If you no longer love your wife,--am I to understand that you want a divorce? Have you anything to set up by way of counterclaim?"

"By way of counterclaim? No.--Yes, I have. I want the children."

Sargent smiled. "That's hardly a counterclaim," he answered.

"Well, it's counterclaim enough for me.--That's just the thing. You push that and we'll see about the rest afterwards. If she wants to go into court she'll have to go without the children."

Fenton's mouth was firmly set, and its lines were almost grim. The boyish look had faded, and without it his features developed coarseness.

Sargent hesitated.

"Mr. Fenton," he said at last, "I don't like these cases, and when a man dislikes his work, you know, he's not apt to do it well. I think you would do better to retain other counsel."

"Now that's all nonsense, Sargent. You are just the man for me. I don't want one of those advertising roarers who'll have us in every paper. I want this thing stopped. You'll only have to apply for the children and that'll end it. There are plenty of legal ruffians to be had. I have chosen you because you are a gentleman and know how this business should be handled."

There was no note of flattery in Fenton's tone.

"But, Mr. Fenton, admitting there is nothing in the case, the custody of the children is still a matter resting wholly in the discretion of the Court and you may not succeed. Mr. Harding is an excellent lawyer and will doubtless make a good fight. You remember, of course, that I was in his office some years ago?"

Fenton looked sharply at his counsel and his eyes narrowed slightly as he answered.

"Well, that doesn't make any difference, does it? It ought to be all the better. You must know all the old chap's tricks."

There was a suggestion of cunning about the man which completely transformed him for a moment. His watchful eyes, however, read the doubt in Sargent's face and bespoke a charming sincerity as he added:

"Why, of course, I knew you were brought up with 'the Ancients,' Sargent. I was only joking. But that is merely another reason why you are best fitted to undertake this case. If it were the ordinary divorce dirt I wouldn't ask you to plough it up. But it's not. Mr. Harding knows you and you will be able to approach him easily. Mrs. Fenton has been poorly advised, I think, but the mischief's not yet wholly done. Make your 'motion' or whatever you call it, and then you'll find the rest is easy. I know you can handle the matter as few men could. I've wanted to give you some business for a long time and I'm sorry to begin with this. However, it will not be the last, you know."

Sargent had built up a fair practice since he left "the Ancients," but this was the first time he had ever been opposed to them. He confessed to himself that he did not like it.

Fenton was not wholly convincing, but if he did not take up this case someone else would. If he was better than his profession it was high time to retire from it. Then, too, Mr. Harding was growing old, and doubtless the woman deceived by silly stories had deceived him. Very probably, as Fenton said, the first aggressive move would settle the whole affair. What fools women were to listen to every Old Wife who came along with idle tittle-tattle seeking recruits for the great Army of the Misunderstood! Fenton's business was worth having, and if this matter went well there was no knowing where it might lead. Moreover all the essential facts were in the defendant's favour, and as Sargent skilfully set them forth in his "moving papers" he experienced that subtle influence, known to every lawyer, which can turn the most judicial counsel into a partisan, and make the silliest quarrel a matter of deadly moment between strangers to its cause.

II.

Any Court with jurisdiction in divorce proceedings draws an audience peculiar to itself.

Every Court Room has, of course, its individual devotees. For instance "Dutch Pete" is accustomed to the corner bench in Part XV. and would not change it for any other sleeping quarters, and even the migratory loafers seem to know and respect old "Lawyer" Brady's seat in Trial Term