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See now how chance still served our young man: Crossing to the station, Judson Green took note of this barber shop and took note also that his russet shoes had suffered from his trudge through the dusty park. Likewise one of the silken strings had frayed through; the broken end stood up through the top eyelet in an untidy fringed effect. So he turned off short and went into the little place and mounted the new tall chair that stood just inside the door. The only other customer in the place was in the act of leaving. This customer got up from the manicure table opposite the shoe-shining stand, slipped a coin into the palm of the manicure girl and passed out, giving Green a brief profile view of a thin, bearded face. Behind the back of her departing patron, the manicure girl shrugged her shoulders inside of an ornate bodice and screwed up her nose derisively. It was plainly to be seen that she did not care greatly for him she had just served.
From where he was languidly honing a razor, the head barber, he who presided over the first of the row of three chairs, spoke:
"You ought'nter be making faces at your regular steadies, Sadie. If you was to ask me, I think you've got a mash on that there gent."
The young person thus addressed shook her head with a sprightly motion.
"Not on your life," she answered. "There's certainly something about that man I don't like."
"It don't never pay to knock a stand-by," opined the head barber, banteringly.
As though seeking sympathy from these gibes, the young lady denominated as Sadie turned toward the well-dressed, alert-looking young man who had just come in. Apparently he impressed her as a person in whom she might confide.
"Speaking about the fella that just went out," she said. "August yonder is all the time trying to guy me about him. I should worry! He ain't my style. Honest, I think he's nutty."
Politely Green uttered one of those noncommittal sounds that may be taken to mean almost anything. But the manicure lady was of a temperament needing no prompting. She went on, blithe to be talking to a new listener.
"Yes, sir, I think he's plumb dippy. He first came in here about two weeks ago to have his nails did, and I don't know whether you'll believe it or not—but August'll tell you it's the truth—he's been back here every day since. And the funniest part of it is I'm certain sure he never had his nails done in his life before then—they was certainly in a untidy state the first time he came. And there's another peculiar thing about him. He always makes me scrape away down under his nails, right to the quick. Sometimes they bleed and it must hurt him."
"Apparently the gentleman has the manicuring habit in a serious form," said Green, seeing that Miss Sadie had paused, in expectation of an answer from him.
"He sure has—in the most vi'lent form," she agreed. "He's got other habits too. He's sure badly stuck on the movies."
"I beg your pardon—on the what?"
"On the movies—the moving pictures," she explained. "Well, oncet in a while I enjoy a good fillum myself, but I'm no bigot on the subject—I can take my movies or I can let 'em be. But not that man that just now went out. All the time I'm doing his nails he don't talk about nothing else hardly, except the moving pictures, he's seen that day or the day before. It's right ridiculous, him being a grown-up man and everything. I actually believe he never misses a new fillum at that new moving picture place three doors above here, or at that other one, that's opened up down by Two Hundred an' Thirtieth Street. He seems to patronise just those two. I guess he lives 'round here somewhere. Yet he don't seem to be very well acquainted in this part of town neither. Well, it sure takes all kind of people to make a world, don't it?"
Temporarily Miss Sadie lapsed into silence, never noticing that what she said had caused her chief auditor to bend forward in absorbed interest. He sat with his eyes on the Greek youth who worked over his shoes, but his mind was busy with certain most interesting speculations.
When the bootblack had given his restored and resplendent russets a final loving rub, and had deftly inserted a new lace where the old one had been, Mr. Green decided that he needed a manicure and he moved across the shop, and as the manicure lady worked upon his nails he siphoned the shallow reservoir of her little mind as dry as a bone. The job required no great amount of pump-work either, for this Miss Sadie dearly loved the sound of her own voice and was gratefully glad to tell him all she knew of the stranger who favoured such painful manicuring processes and who so enjoyed a moving picture show. For his part, Green had seen only the man's side face, and that casually and at a fleeting glance; but before the young lady was through with her description, he knew the other's deportment and contour as though he had passed him a hundred times and each time had closely studied him.
To begin with, the man was sallow and dark, and his age was perhaps thirty, or at most thirty-two or three. His beard was newly grown; it was a young beard, through which his chin and chops still showed. He smoked cigarettes constantly—the thumb and forefinger of his right hand were stained almost black, and Miss Sadie, having the pride of her craft, had several times tried unsuccessfully to bleach them of their nicotine disfigurements.
He had a manner about him which the girl described as "kind of suspicious and scary,"—by which Green took her to mean that he was shy and perhaps furtive in his bearing. His teeth, his eyes, his expression, his mode of dress—Mr. Green knew them all before Miss Sadie gave his left hand a gentle pat as a sign that the job was concluded. He tipped her generously and caught the next subway train going south.
V
Southbound subway trains run fast, especially when the rush of traffic is northward. Within the hour Judson Green sat in the reading room of his club, industriously turning the pages of the club's file of the World for the past month. Presently he found what he was seeking. He read a while, and for a while then he took notes. Pocketing his notes, he ate dinner alone and in due season thereafter he went home and to bed. But before this, he sent off a night lettergram to the Byrnes private detective agency down in Park Row. He wanted—so in effect the message ran—the best man in the employ of that concern to call upon him at his bachelor apartments in the Hotel Sedgwick, in the morning at ten o'clock. The matter was urgent, important—and confidential.
If the man who knocked at Green's sitting-room door that next morning at ten was not the best man of the Byrnes staff he looked the part. He was square-jawed, with an appraising eye and a good pair of shoulders. He had the right kind of a name for a detective, too. The name was Cassidy—Michael J.
"Mr. Cassidy," said Judson Green, when the preliminaries of introduction were over, "you remember, don't you, what the papers said at the time of the Steinway murder about the suspect Maxwell, the old man's nephew—the description they printed of him, and all?"
"I ought to," said Cassidy. "Our people had that case from the start—I worked on it myself off and on, up until three days ago." From memory he quoted: "Medium height, slender, dark-complected, smooth-faced and about thirty-one years old; a good dresser and well educated; smokes cigarettes constantly; has one upper front tooth crowned with gold—" He hesitated, searching his memory for more details.
"Remember anything else about him that was striking?" prompted Green.
"Let's see?" pondered Mr. Cassidy. Then after a little pause, "No, that's all I seem to recall right now."
"How about his being a patron of moving pictures?"
"That's right," agreed the other, "that's the only part of it I forgot." He repeated pretty exactly the language of the concluding paragraph of the official police circular that all the papers had carried for days: "Formerly addicted to reading cheap and sensational novels, now an inveterate attendant of motion-picture theatres." He glanced at Judson Green over his cigar. "What's the idea?" he asked. "Know something about this case?"
"Not much," said Green, "except that I have found the man who killed old Steinway."
Forgetting his professional gravity, up rose Mr. Cassidy, and his chair, which had been tilted back, brought its forelegs to the floor with a thump.
"No!" he said, half-incredulously, half-hopefully.
"Yes," stated Mr. Green calmly. "At least I've found Maxwell. Or anyway, I think I have."
Long before he was through telling what he had seen and heard the afternoon before, Mr. Cassidy, surnamed Michael J., was almost sitting in his lap. When the younger man had finished his tale the detective fetched a deep and happy breath.
"It sounds good to me," he commented, "it certainly sounds to me like you've got the right dope on this party. But listen, Mr. Green, how do you figure in this here party's fad for getting himself manicured as a part of the lay-out—I can see it all but that?"
"Here is how I deduced that element of the case," stated Green. "Conceding this man to be the fugitive Maxwell, it is quite evident that he has a highly developed imagination—his former love of trashy literature and his present passion for moving pictures would both seem to prove that. Now then, you remember that all the accounts of that murder told of the deep marks of finger-nail scratches in the old man's throat. If this man is the murderer, I would say, from what we know of him, that he cannot rid himself of the feeling that the blood of his victim is still under his nails. And so, nursing that delusion, he goes daily to that manicure girl——"
He got no farther along than that. Mr. Cassidy extended his large right hand in a congratulatory clasp, and admiration was writ large upon his face.
"Colonel," he said, "you're immense—you oughter be in the business. Say, when are we going to nail this guy?"
"Well," said Green, "I think we should start watching his movements at once, but we should wait until we are pretty sure of the correctness of our theory before acting. And of course, in the meanwhile, we must deport ourselves in such a way as to avoid arousing his suspicions."
"Just leave that to me. You do the expert thinking on this here case; I'll guarantee a good job of trailing."
Inside of forty-eight hours these two, working discreetly, knew a good deal of their man. For example, they knew that under the name of Morrison he was living in a summer boarding house on a little hill rising to the west of the park; that he had been living there for a little more than a fortnight; that his landlady didn't know his business, but thought that he must be an invalid. Among the other lodgers the impression prevailed that he suffered from a nervous trouble. Mornings, he kept to his room, sleeping until late. In fact, as well as the couple occupying the room below his might judge, he did most of his sleeping in the daytime—they heard him night after night, walking the floor until all hours.
A maid-servant of ultra conversational tendencies gratuitously furnished most of these valued details, after Michael J. Cassidy had succeeded in meeting her socially.
Afternoons, the suspect followed a more or less regular itinerary. He visited the manicure girl at the new barber shop; he patronized one or both of the moving picture places in the vicinity, but usually both, and then he went for a solitary walk through the park, and along toward dusk he returned to the boarding house, ate his supper and went to his room. He had no friends, apparently; certainly he had no callers. He received no letters and seemingly wrote none. Cassidy was convinced; he burned with eagerness to make the arrest without further delay. For this would be more than a feather in the Cassidy cap; it would be a whole war bonnet.
"You kin stay in the background if you want to," he said. "Believe me, I'm perfectly willing to take all the credit for pulling off this pinch."
As he said this they were passing along Broadway just above the subway terminal. The straggling line of new shops was on one side and the park stretched away on the other. Green was on the inner side of the pavement. Getting no answer to his suggestion, Mr. Cassidy started to repeat it.
"I heard you," said Green, stopping now dead short, directly in front of the resplendent front of the Regal Motion Picture Palace. He contemplated with an apparently unwarranted interest the illuminated and lithographed announcements of the morrow's bill.
"I'm perfectly willing to stay in the background," he said. "But—but I've just this very minute thought of a plan that ought to make us absolutely sure of our man—providing the plan works! Are you at all familiar with the tragedy of 'Macbeth'?"
"I don't know as I am," admitted Mr. Cassidy honestly. "When did it happen and who done it?"
Again his employer seemed not to hear him.
"Let's go into this place," he said, turning in towards the hospitable portals of the Regal. "I want to have a business talk with the proprietor of this establishment, if he's in."
The manager was in, and they had their talk; but after all it was money—which in New York speaks with such a clarion-loud and convincing voice—that did most of the talking. As soon as Judson Green had produced a bill-roll of august proportions, the proprietor, doubtful until that moment, showed himself to be a man open to all reasonable arguments. Moreover, he presently scented in this enterprise much free advertisement for his place.
VI
On the following afternoon, the weather being rainy, the Regal opened its doors for the three-o'clock performance to an audience that was smaller than common and mostly made up of dependable neighbourhood patrons. However, there were at least two newcomers present. They sat side by side, next to central aisle, in the rearmost row of chairs—Judson Green and Michael J. Cassidy. Their man was almost directly in front of them, perhaps halfway down toward the stage. Above a scattering line of heads of women and children they could see, in the half light of the darkened house, his head and shoulders as he bent his body forward at an interested angle.
Promptly on the hour, a big bull's-eye of light flashed on, making a shimmering white target in the middle of the screen. The music started up, and a moving-picture soloist with a moving-picture soloist's voice, appeared in the edge of the illuminated space and rendered a moving-picture ballad, having reference to the joys of life down in Old Alabam', where the birds are forever singing in the trees and the cotton-blossoms bloom practically without cessation. This, mercifully, being soon over, a film entitled "The Sheriff's Sweetheart" was offered, and for a time, in shifting pictures, horse-thieves in leather "chaps," and heroes in open-necked shirts, and dashing cow-girls in divided skirts, played out a thrilling drama of the West, while behind them danced and quivered a background labelled Arizona, but suggesting New Jersey. When the dashing and intrepid sheriff had, after many trials, won his lady love, the ballad singer again obliged throatily, and then from his coop in the little gallery the lantern man made an announcement, in large, flickering letters, of a film depicting William Shakespeare's play, "Macbeth."
Thereupon scene succeeded scene, unfolding the tragic tale. The ill-fated Duncan was slain; the Witches of Endor capered fearsomely about their fearsome cauldron of snaky, froggy horrors; and then—taking some liberties with the theme as set down by the original author—the operator presented a picture wherein Macbeth, tortured by sleeplessness and hag-ridden with remorse, saw, in imagination, the dripping blood upon his hands and vainly sought to scour it off.
Right here, too, came another innovation which might or might not have pleased the Bard of Avon. For as Macbeth wrestled with his fears, the phantom of the murdered Duncan, a cloaked, shadowy shape, crossed slowly by him from right to left, traversing the breadth of the screen, while the orchestra rendered shivery music in appropriate accompaniment.
Midway of the lighted space the ghost raised its averted head and looked out full, not at the quivering Macbeth, but, with steady eyes and set, impassive face, into the body of the darkened little theatre. In an instant the sheeted form was gone—gone so quickly that perhaps no keen-eyed juvenile in the audience detected the artifice by which, through a skilful scissoring and grafting and doctoring of the original film, the face of the actor who played the dead and walking Duncan had been replaced by the photographed face, printed so often in the newspapers, of murdered Old Man Steinway!
There was a man near the centre of the house who got instantly upon his legs and stumbling, indeed almost running in his haste, made up the centre aisle for the door; and in the daylight which strengthened as he neared the open, it might be seen that he wore the look of one stunned by a sudden blighting shock. And at once Green and Cassidy were noisily up too, and following close behind him, their nerves a-tingle.
All unconscious of surveillance, the suspect was out of the door, on the pavement, when they closed on him. At the touch of Cassidy's big hand upon his shoulder he spun round, staring at them with wide-open, startled eyes. Above his scraggy beard his face was dappled white and red in patches, and under the mottled skin little muscles twitched visibly.
"What—what do you want?" he demanded in a shaken, quick voice. A gold-capped tooth showed in his upper jaw between his lips.
"We want a word or two with you," said Cassidy, with a sort of threatening emphasis.
"Are you—are you officers?" He got the question out with a separate gulp for each separate word.
"Not exactly," answered Cassidy, and tightened his grip on the other's shoulder the least bit more firmly. "But we can call one mighty easy if you ain't satisfied to talk to us a minute or two. There's one yonder."
He ducked his head toward where, forty yards distant, a middle-aged and somewhat pursy patrolman was shepherding the traffic that eddied in small whirls about the steps of the subway terminal.
"All right, all right," assented the captive eagerly. "I'll talk to you. Let's go over there—where it's quiet." He pointed a wavering finger, with a glistening, highly polished nail on it, toward the opposite side of the street; there the park came right up to the sidewalk and ended. They went, and in a minute all three of them were grouped close up to the shrub-lined boundary. The mottled-faced man was in the middle. Green stood on one side of him and Cassidy on the other, shouldering up so close that they blocked him off, flank and front.
"Now, then, we're all nice and cozy," said Cassidy with a touch of that irony which a cat often displays, in different form, upon capturing a live mouse. "And we want to ask you a few questions. What's your name—your real name?" he demanded roughly.
"Morrison," said the man, licking with his tongue to moisten his lips.
"Did you say Maxwell?" asked Cassidy, shooting out his syllables hard and straight.
"No, no—I said Morrison." The man looked as though he were going to collapse then and there.
"One name's as good as another, I guess, ain't it?" went on the detective. "Well, what's your business?"
"My business?" He was parrying as though seeking time to collect his scattered wits. "Oh, I haven't any business—I've been sick lately."
"Oh, you've been sick lately—well, you look sick right now." Cassidy shoved his hands in his pockets and with a bullying, hectoring air pushed his face, with the lower jaw undershot, into the suspect's face. "Say, was it because you felt sick that you came out of that there moving-picture show so sudden?"
Just as he had calculated, the other jumped at the suggestion.
"Yes—yes," he nodded nervously. "That was it—the heat in there made me faint." He braced himself tauter. "Say," he said, and tried to put force into his tones, "what business have you men got spying on me and asking me these things? I'm a free American citizen——"
"Well now, young fellow, that all depends," broke in Cassidy, "that all depends." He sank his voice almost to a whisper, speaking deliberately. "Now tell us why you didn't feel real sick until you seen your dead uncle's face looking at you——"
"Look out!" screamed the prisoner. He flinched back, pointing with one arm wildly, and flinging up the other across his face as though to shut out a sight of danger. There was a rattle of wheels behind them.
Judson Green pivoted on his heel, with the thought of runaways springing up to his mind. But Mr. Cassidy, wiser in the tricks of the hunter and the hunted, made a darting grab with both hands for the shoulder which he had released. His greedy fingers closed on space. The suspect, with a desperate and unexpected agility, had given his body a backward nimble fling that carried him sprawling through a gap between the ornamental bushes fringing the park sward. Instantly he was up and, with never a backward glance, was running across the lower, narrower verge of Indian Field, making for the trees which edged it thickly upon the east. He could run fast, too. Nor were there men in front to hinder him, since because of the rain, coming down in a thin drizzle, the wide, sloped stretch of turf was for this once bare of ball-players and cricket teams.
Upon the second, Cassidy was through the hedge gap and hot-foot after him, with Green coming along only a pace or two behind. Over his shoulder Cassidy whooped a call for aid to the traffic policeman in the roadway. But that stout person, who had been exiled to these faraway precincts by reason of his increasing girth and a tendency toward fallen arches, only took one or two steps upon his flat feet and then halted, being in doubt as to what it was all about. Before he could make up his mind whether or not to join the chase, it was too late to join it. The fugitive, travelling a straight course, had crossed the field at its narrowest point and had bounded into the fringe of greenery bordering the little lake, heading apparently for the thick swampy place lying between the ball ground and the golf links. The two pursuers, legging along behind, did their best to keep him in sight, but, one thing sure, they were not gaining on him.
As a matter of truth, they were losing. Twice they lost him and twice they spied him again—once crossing a bit of open glade, once weaving in and out among the tree trunks farther on. Then they lost him altogether. Cassidy had shown the better pair of legs at the start of the race, but now his wind began to fail. Panting and blowing fit to shame porpoises, he slackened his speed, falling back inch by inch, while the slighter and younger man took the lead. Green settled to a steady, space-eating jog-trot, all the time watching this way and that. There were singularly few people in sight—only a chronic golfer here and there up on the links—and these incurables merely stared through the rain-drops at him as he forced his way among the thickets below them.
Cassidy, falling farther and farther behind, presently met a mounted policeman ambling his horse along a tree-shaded roadway that crossed the park from east to west, and between gulps for breath told what he knew. Leaning half out of his saddle, the mounted man listened, believed—and acted. Leaving Cassidy behind, he spurred his bay to a walloping gallop, aiming for the northern confines of the park, and as he travelled, he spread the alarm, gathering up for the man-chase such recruits as two park labourers and a park woodchopper and an automobile party of young men, so that presently there was quite a good-sized search party abroad in the woodland.
As for Judson Green, he played his hand out alone. Dripping wet with rain and his own sweat, he emerged from a mile-long thicket upon an asphalted drive that wound interminably under the shouldering ledges of big gray rocks and among tall elms and oaks. Already he had lost his sense of direction, but he ran along the deserted road doggedly, pausing occasionally to peer among the tree trunks for a sight of his man. He thought, once, he heard a shot, but couldn't be sure, the sound seemed so muffled and so far away.
On a venture he left the road, taking to the woods again. He was working through a small green tangle when something caught at his right foot and he was spun about so that he faced the opposite direction from the one in which he had been travelling, and went down upon his hands and knees, almost touching with his head a big licheny boulder, half buried in vines and grass. Glancing back, he saw what had twisted him off his course and thrown him down—it was an upward-aimed tree-root, stubby and pointed, which had thrust itself through his right shoe lacing. The low shoe had been pulled half-way off his foot, and, under the strain, the silken lace had broken short off.
In the act of raising himself upright, he had straightened to a half-crouch when, just beyond the big green-masked boulder, he saw that which held him petrified in his pose. There, in a huddle among the shrubs, where he would never have seen it except for the chance shifting-about of his gaze, was the body of a man lying face downward the head hidden under the upturned skirts of the coat.
He went to it and turned it over. It was the body of the man he sought—Maxwell—and there was a revolver in Maxwell's right hand and a hole in Maxwell's right temple, and Maxwell was dead.
Judson Green stood up and waited for the other pursuers. He had won a hundred-dollar bet and Cassidy had lost a thousand-dollar reward.
CHAPTER III
BOYS WILL BE BOYS
When Judge Priest, on this particular morning, came puffing into his chambers at the courthouse, looking, with his broad beam and in his costume of flappy, loose white ducks, a good deal like an old-fashioned full-rigger with all sails set, his black shadow, Jeff Poindexter, had already finished the job of putting the quarters to rights for the day. The cedar water bucket had been properly replenished; the upper flange of a fifteen-cent chunk of ice protruded above the rim of the bucket; and alongside, on the appointed nail, hung the gourd dipper that the master always used. The floor had been swept, except, of course, in the corners and underneath things; there were evidences, in streaky scrolls of fine grit particles upon various flat surfaces, that a dusting brush had been more or less sparingly employed. A spray of trumpet flowers, plucked from the vine that grew outside the window, had been draped over the framed steel engraving of President Davis and his Cabinet upon the wall; and on the top of the big square desk in the middle of the room, where a small section of cleared green-blotter space formed an oasis in a dry and arid desert of cluttered law journals and dusty documents, the morning's mail rested in a little heap.
Having placed his old cotton umbrella in a corner, having removed his coat and hung it upon a peg behind the hall door, and having seen to it that a palm-leaf fan was in arm's reach should he require it, the Judge, in his billowy white shirt, sat down at his desk and gave his attention to his letters. There was an invitation from the Hylan B. Gracey Camp of Confederate Veterans of Eddyburg, asking him to deliver the chief oration at the annual reunion, to be held at Mineral Springs on the twelfth day of the following month; an official notice from the clerk of the Court of Appeals concerning the affirmation of a judgment that had been handed down by Judge Priest at the preceding term of his own court; a bill for five pounds of a special brand of smoking tobacco; a notice of a lodge meeting—altogether quite a sizable batch of mail.
At the bottom of the pile he came upon a long envelope addressed to him by his title, instead of by his name, and bearing on its upper right-hand corner several foreign-looking stamps; they were British stamps, he saw, on closer examination.
To the best of his recollection it had been a good long time since Judge Priest had had a communication by post from overseas. He adjusted his steel-bowed spectacles, ripped the wrapper with care and shook out the contents. There appeared to be several inclosures; in fact, there were several—a sheaf of printed forms, a document with seals attached, and a letter that covered two sheets of paper with typewritten lines. To the letter the recipient gave consideration first. Before he reached the end of the opening paragraph he uttered a profound grunt of surprise; his reading of the rest was frequently punctuated by small exclamations, his face meantime puckering up in interested lines. At the conclusion, when he came to the signature, he indulged himself in a soft low whistle. He read the letter all through again, and after that he examined the forms and the document which had accompanied it.
Chuckling under his breath, he wriggled himself free from the snug embrace of his chair arms and waddled out of his own office and down the long bare empty hall to the office of Sheriff Giles Birdsong. Within, that competent functionary, Deputy Sheriff Breck Quarles, sat at ease in his shirt sleeves, engaged, with the smaller blade of his pocketknife, in performing upon his finger nails an operation that combined the fine deftness of the manicure with the less delicate art of the farrier. At the sight of the Judge in the open doorway he hastily withdrew from a tabletop, where they rested, a pair of long thin legs, and rose.
"Mornin', Breck," said Judge Priest to the other's salutation. "No, thank you, son, I won't come in; but I've got a little job fur you. I wisht, ef you ain't too busy, that you'd step down the street and see ef you can't find Peep O'Day fur me and fetch him back here with you. It won't take you long, will it?"
"No, suh—not very." Mr. Quarles reached for his hat and snuggled his shoulder holster back inside his unbuttoned waistcoat. "He'll most likely be down round Gafford's stable. Whut's Old Peep been doin', Judge—gettin' himself in contempt of court or somethin'?" He grinned, asking the question with the air of one making a little joke.
"No," vouchsafed the Judge; "he ain't done nothin'. But he's about to have somethin' of a highly onusual nature done to him. You jest tell him I'm wishful to see him right away—that'll be sufficient, I reckin."
Without making further explanation, Judge Priest returned to his chambers and for the third time read the letter from foreign parts. Court was not in session, and the hour was early and the weather was hot; nobody interrupted him. Perhaps fifteen minutes passed. Mr. Quarles poked his head in at the door.
"I found him, suh," the deputy stated. "He's outside here in the hall."
"Much obliged to you, son," said Judge Priest. "Send him on in, will you, please?"
The head was withdrawn; its owner lingered out of sight of His Honour, but within earshot. It was hard to figure the presiding judge of the First Judicial District of the state of Kentucky as having business with Peep O'Day; and, though Mr. Quarles was no eavesdropper, still he felt a pardonable curiosity in whatsoever might transpire. As he feigned an absorbed interest in a tax notice, which was pasted on a blackboard just outside the office door, there entered the presence of the Judge a man who seemingly was but a few years younger than the Judge himself—a man who looked to be somewhere between sixty-five and seventy. There is a look that you may have seen in the eyes of ownerless but well-intentioned dogs—dogs that, expecting kicks as their daily portion, are humbly grateful for kind words and stray bones; dogs that are fairly yearning to be adopted by somebody—by anybody—being prepared to give to such a benefactor a most faithful doglike devotion in return.
This look, which is fairly common among masterless and homeless dogs, is rare among humans; still, once in a while you do find it there too. The man who now timidly shuffled himself across the threshold of Judge Priest's office had such a look out of his eyes. He had a long, simple face, partly inclosed in grey whiskers. Four dollars would have been a sufficient price to pay for the garments he stood in, including the wrecked hat he held in his hands and the broken, misshaped shoes on his feet. A purchaser who gave more than four dollars for the whole in its present state of decrepitude would have been but a poor hand at bargaining.
The man who wore this outfit coughed in an embarrassed fashion and halted, fumbling his ruinous hat in his hands.
"Howdy do?" said Judge Priest heartily. "Come in!"
The other diffidently advanced himself a yard or two.
"Excuse me, suh," he said apologetically; "but this here Breck Quarles he come after me and he said ez how you wanted to see me. 'Twas him ez brung me here, suh."
Faintly underlying the drawl of the speaker was just a suspicion—a mere trace, as you might say—of a labial softness that belongs solely and exclusively to the children, and in a diminishing degree to the grandchildren, of native-born sons and daughters of a certain small green isle in the sea. It was not so much a suggestion of a brogue as it was the suggestion of the ghost of a brogue; a brogue almost extinguished, almost obliterated, and yet persisting through the generations—South of Ireland struggling beneath south of Mason and Dixon's Line.
"Yes," said the Judge; "that's right. I do want to see you." The tone was one that he might employ in addressing a bashful child. "Set down there and make yourself at home."
The newcomer obeyed to the extent of perching himself on the extreme forward edge of a chair. His feet shuffled uneasily where they were drawn up against the cross rung of the chair.
The Judge reared well back, studying his visitor over the tops of his glasses with rather a quizzical look. In one hand he balanced the large envelope which had come to him that morning.
"Seems to me I heared somewheres, years back, that your regular Christian name was Paul—is that right?" he asked.
"Shorely is, suh," assented the ragged man, surprised and plainly grateful that one holding a supremely high position in the community should vouchsafe to remember a fact relating to so inconsequent an atom as himself. "But I ain't heared it fur so long I come mighty nigh furgittin' it sometimes, myself. You see, Judge Priest, when I wasn't nothin' but jest a shaver folks started in to callin' me Peep—on account of my last name bein' O'Day, I reckin. They been callin' me so ever since. 'Fust off, 'twas Little Peep, and then jest plain Peep; and now it's got to be Old Peep. But my real entitled name is Paul, jest like you said, Judge—Paul Felix O'Day."
"Uh-huh! And wasn't your father's name Philip and your mother's name Katherine Dwyer O'Day?"
"To the best of my recollection that's partly so, too, suh. They both of 'em up and died when I was a baby, long before I could remember anything a-tall. But they always told me my paw's name was Phil, or Philip. Only my maw's name wasn't Kath—Kath—wasn't whut you jest now called it, Judge. It was plain Kate."
"Kate or Katherine—it makes no great difference," explained Judge Priest. "I reckin the record is straight this fur. And now think hard and see ef you kin ever remember hearin' of an uncle named Daniel O'Day—your father's brother."
The answer was a shake of the tousled head.
"I don't know nothin' about my people. I only jest know they come over from some place with a funny name in the Old Country before I was born. The onliest kin I ever had over here was that there no-'count triflin' nephew of mine—Perce Dwyer—him that uster hang round this town. I reckin you call him to mind, Judge?"
The old Judge nodded before continuing:
"All the same, I reckin there ain't no manner of doubt but whut you had an uncle of the name of Daniel. All the evidences would seem to p'int that way. Accordin' to the proofs, this here Uncle Daniel of yours lived in a little town called Kilmare, in Ireland." He glanced at one of the papers that lay on his desktop; then added in a casual tone: "Tell me, Peep, whut are you doin' now fur a livin'?"
The object of this examination grinned a faint grin of extenuation.
"Well, suh, I'm knockin' about, doin' the best I kin—which ain't much. I help out round Gafford's liver' stable, and Pete Gafford he lets me sleep in a little room behind the feed room, and his wife she gives me my vittles. Oncet in a while I git a chancet to do odd jobs fur folks round town—cuttin' weeds and splittin' stove wood and packin' in coal, and sech ez that."
"Not much money in it, is there?"
"No, suh; not much. Folks is more prone to offer me old clothes than they are to pay me in cash. Still, I manage to git along. I don't live very fancy; but, then, I don't starve, and that's more'n some kin say."
"Peep, whut was the most money you ever had in your life—at one time?"
Peep scratched with a freckled hand at his thatch of faded whitish hair to stimulate recollection.
"I reckin not more'n six bits at any one time, suh. Seems like I've sorter got the knack of livin' without money."
"Well, Peep, sech bein' the case, whut would you say ef I was to tell you that you're a rich man?"
The answer came slowly.
"I reckin, suh, ef it didn't sound disrespectful, I'd say you was prankin' with me—makin' fun of me, suh."
Judge Priest bent forward in his chair.
"I'm not prankin' with you. It's my pleasant duty to inform you that at this moment you are the rightful owner of eight thousand pounds."
"Pounds of whut, Judge?" The tone expressed a heavy incredulity.
"Why, pounds in money."
Outside, in the hall, with one ear held conveniently near the crack in the door, Deputy Sheriff Quarles gave a violent start; and then, at once, was torn between a desire to stay and hear more and an urge to hurry forth and spread the unbelievable tidings. After the briefest of struggles the latter inclination won; this news was too marvellously good to keep; surely a harbinger and a herald was needed to spread it broadcast.
Mr. Quarles tiptoed rapidly down the hall. When he reached the sidewalk the volunteer bearer of a miraculous tale fairly ran. As for the man who sat facing the Judge, he merely stared in a dull bewilderment.
"Judge," he said at length, "eight thousand pounds of money oughter make a powerful big pile, oughten it?"
"It wouldn't weigh quite that much ef you put it on the scales," explained His Honour painstakingly. "I mean pounds sterlin'—English money. Near ez I kin figger offhand, it comes in our money to somewheres between thirty-five and forty thousand dollars—nearer forty than thirty-five. And it's all yours, Peep—every red cent of it."
"Excuse me, suh, and not meanin' to contradict you, or nothin' like that; but I reckin there must be some mistake. Why, Judge, I don't scursely know anybody that's ez wealthy ez all that, let alone anybody that'd give me sech a lot of money."
"Listen, Peep: This here letter I'm holdin' in my hand came to me by to-day's mail—jest a little spell ago. It's frum Ireland—frum the town of Kilmare, where your people came frum. It was sent to me by a firm of barristers in that town—lawyers we'd call 'em. In this letter they ask me to find you and to tell you whut's happened. It seems, frum whut they write, that your uncle, by name Daniel O'Day, died not very long ago without issue—that is to say, without leavin' any children of his own, and without makin' any will.
"It appears he had eight thousand pounds saved up. Ever since he died those lawyers and some other folks over there in Ireland have been tryin' to find out who that money should go to. They learnt in some way that your father and your mother settled in this town a mighty long time ago, and that they died here and left one son, which is you. All the rest of the family over there in Ireland have already died out, it seems; that natchelly makes you the next of kin and the heir at law, which means that all your uncle's money comes direct to you.
"So, Peep, you're a wealthy man in your own name. That's the news I had to tell you. Allow me to congratulate you on your good fortune."
The beneficiary rose to his feet, seeming not to see the hand the old Judge had extended across the desktop toward him. On his face, of a sudden, was a queer, eager look. It was as though he foresaw the coming true of long-cherished and heretofore unattainable visions.
"Have you got it here, suh?"
He glanced about him as though expecting to see a bulky bundle. Judge Priest smiled.
"Oh, no; they didn't send it along with the letter—that wouldn't be regular. There's quite a lot of things to be done fust. There'll be some proofs to be got up and sworn to before a man called a British consul; and likely there'll be a lot of papers that you'll have to sign; and then all the papers and the proofs and things will be sent acrost the ocean. And, after some fees are paid out over there—why, then you'll git your inheritance."
The rapt look faded from the strained face, leaving it downcast. "I'm afeared, then, I won't be able to claim that there money," he said forlornly.
"Why not?"
"Because I don't know how to sign my own name. Raised the way I was, I never got no book learnin'. I can't neither read nor write."
Compassion shadowed the Judge's chubby face; and compassion was in his voice as he made answer:
"You don't need to worry about that part of it. You can make your mark—just a cross mark on the paper, with witnesses present—like this."
He took up a pen, dipped it in the ink-well and illustrated his meaning.
"Yes, suh; I'm glad it kin be done thataway. I always wisht I knowed how to read big print and spell my own name out. I ast a feller oncet to write my name out fur me in plain letters on a piece of paper. I was aimin' to learn to copy it off; but I showed it to one of the hands at the liver' stable and he busted out laughin'. And then I come to find out this here feller had tricked me fur to make game of me. He hadn't wrote my name out a-tall—he'd wrote some dirty words instid. So after that I give up tryin' to educate myself. That was several years back and I ain't tried sence. Now I reckin I'm too old to learn. . . . I wonder, suh—I wonder ef it'll be very long before that there money gits here and I begin to have the spendin' of it?"
"Makin' plans already?"
"Yes, suh," O'Day answered truthfully; "I am." He was silent for a moment, his eyes on the floor; then timidly he advanced the thought that had come to him: "I reckin, suh, it wouldn't be no more'n fair and proper ef I divided my money with you to pay you back fur all this trouble you're fixin' to take on my account. Would—would half of it be enough? The other half oughter last me fur whut uses I'll make of it."
"I know you mean well and I'm much obliged to you fur your offer," stated Judge Priest, smiling a little; "but it wouldn't be fittin' or proper fur me to tech a cent of your money. There'll be some court dues and some lawyers' fees, and sech, to pay over there in Ireland; but after that's settled up everything comes direct to you. It's goin' to be a pleasure to me to help you arrange these here details that you don't understand—a pleasure and not a burden."
He considered the figure before him.
"Now here's another thing, Peep: I judge it's hardly fittin' fur a man of substance to go on livin' the way you've had to live durin' your life. Ef you don't mind my offerin' you a little advice I would suggest that you go right down to Felsburg Brothers when you leave here and git yourself fitted out with some suitable clothin'. And you'd better go to Max Biederman's, too, and order a better pair of shoes fur yourself than them you've got on. Tell 'em I sent you and that I guarantee the payment of your bills. Though I reckin that'll hardly be necessary—when the news of your good luck gits noised round I misdoubt whether there's any firm in our entire city that wouldn't be glad to have you on their books fur a stiddy customer.
"And, also, ef I was you I'd arrange to git me regular board and lodgin's somewheres round town. You see, Peep, comin' into a property entails consider'ble many responsibilities right frum the start."
"Yes, suh," assented the legatee obediently. "I'll do jest ez you say, Judge Priest, about the clothes and the shoes, and all that; but—but, ef you don't mind, I'd like to go on livin' at Gafford's. Pete Gafford's been mighty good to me—him and his wife both; and I wouldn't like fur 'em to think I was gittin' stuck up jest because I've had this here streak of luck come to me. Mebbe, seein' ez how things has changed with me, they'd be willin' to take me in fur a table boarder at their house; but I shorely would hate to give up livin' in that there little room behind the feed room at the liver' stable. I don't know ez I could ever find any place that would seem ez homelike to me ez whut it is."
"Suit yourself about that," said Judge Priest heartily. "I don't know but whut you've got the proper notion about it after all."
"Yes, suh. Them Gaffords have been purty nigh the only real true friends I ever had that I could count on." He hesitated a moment. "I reckin—I reckin, suh, it'll be a right smart while, won't it, before that money gits here frum all the way acrost the ocean?"
"Why, yes; I imagine it will. Was you figurin' on investin' a little of it now?"
"Yes, suh; I was."
"About how much did you think of spendin' fur a beginnin'?"
O'Day squinted his eyes, his lips moving in silent calculation.
"Well, suh," he said at length, "I could use ez much ez a silver dollar. But, of course, sence——"
"That sounds kind of moderate to me," broke in Judge Priest. He shoved a pudgy hand into a pocket of his white trousers. "I reckin this detail kin be arranged. Here, Peep"—he extended his hand—"here's your dollar." Then, as the other drew back, stammering a refusal, he hastily added: "No, no, no; go ahead and take it—it's yours. I'm jest advancin' it to you out of whut'll be comin' to you shortly.
"I'll tell you whut: Until sech time ez you are in position to draw on your own funds you jest drap in here to see me when you're in need of cash, and I'll try to let you have whut you require—in reason. I'll keep a proper reckinin' of whut you git and you kin pay me back ez soon ez your inheritance is put into your hands.
"One thing more," he added as the heir, having thanked him, was making his grateful adieu at the threshold: "Now that you're wealthy, or about to be so, I kind of imagine quite a passel of fellers will suddenly discover themselves strangely and affectionately drawed toward you. You're liable to find out you've always had more true and devoted friends in this community than whut you ever imagined to be the case before.
"Now friendship is a mighty fine thing, takin' it by and large; but it kin be overdone. It's barely possible that some of this here new crop of your well-wishers and admirers will be makin' little business propositions to you—desirin' to have you go partners with 'em in business, or to sell you desirable pieces of real estate; or even to let you loan 'em various sums of money. I wouldn't be surprised but whut a number of sech chances will be comin' your way durin' the next few days, and frum then on. Ef sech should be the case I would suggest to you that, before committin' yourself to anybody or anything, you tell 'em that I'm sort of actin' as your unofficial adviser in money matters, and that they should come to me and outline their little schemes in person. Do you git my general drift?"
"Yes, suh," said Peep. "I won't furgit; and thank you ag'in, Judge, specially fur lettin' me have this dollar ahead of time."
He shambled out with the coin in his hand; and on his face was again the look of one who sees before him the immediate fulfillment of a delectable dream.
With lines of sympathy and amusement crisscrossing at the outer corners of his eyelids, Judge Priest, rising and stepping to his door, watched the retreating figure of the town's newest and strangest capitalist disappear down the wide front steps of the courthouse.
Presently he went back to his chair and sat down, tugging at his short chin beard.
"I wonder, now," said he, meditatively addressing the emptiness of the room, "I wonder whut a man sixty-odd-year old is goin' to do with the fust whole dollar he ever had in his life!"
It was characteristic of our circuit judge that he should have voiced his curiosity aloud. Talking to himself when he was alone was one of his habits. Also, it was characteristic of him that he had refrained from betraying his inquisitiveness to his late caller. Similar motives of delicacy had kept him from following the other man to watch the sequence.
However, at secondhand, the details very shortly reached him. They were brought by no less a person than Deputy Sheriff Quarles, who, some twenty minutes or possibly half an hour later, obtruded himself upon Judge Priest's presence.
"Judge," began Mr. Quarles, "you'd never in the world guess whut Old Peep O'Day done with the first piece of money he got his hands on out of that there forty thousand pounds of silver dollars he's come into frum his uncle's estate."
The old man slanted a keen glance in Mr. Quarles' direction.
"Tell me, son," he asked softly, "how did you come to hear the glad tidin's so promptly?"
"Me?" said Mr. Quarles innocently. "Why, Judge Priest, the word is all over this part of town by this time. Why, I reckin twenty-five or fifty people must 'a' been watchin' Old Peep to see how he was goin' to act when he come out of this courthouse."
"Well, well, well!" murmured the Judge blandly. "Good news travels almost ez fast sometimes ez whut bad news does—don't it, now? Well, son, I give up the riddle. Tell me jest whut our elderly friend did do with the first installment of his inheritance."
"Well, suh, he turned south here at the gate and went down the street, a-lookin' neither to the right nor the left. He looked to me like a man in a trance, almost. He keeps right on through Legal Row till he comes to Franklin Street, and then he goes up Franklin to B. Weil & Son's confectionary store; and there he turns in. I happened to be followin' 'long behind him, with a few others—with several others, in fact—and we-all sort of slowed up in passin' and looked in at the door; and that's how I come to be in a position to see whut happened.
"Old Peep, he marches in jest like I'm tellin' it to you, suh; and Mr. B. Weil comes to wait on him, and he starts in buyin'. He buys hisself a five-cent bag of gumdrops; and a five-cent bag of jelly beans; and a ten-cent bag of mixed candies—kisses and candy mottoes, and sech ez them, you know; and a sack of fresh roasted peanuts—a big sack, it was, fifteen-cent size; and two prize boxes; and some gingersnaps—ten cents' worth; and a coconut; and half a dozen red bananas; and half a dozen more of the plain yaller ones. Altogether I figger he spent a even dollar; in fact, I seen him hand Mr. Weil a dollar, and I didn't see him gittin' no change back out of it.
"Then he comes on out of the store, with all these things stuck in his pockets and stacked up in his arms till he looks sort of like some new kind of a summertime Santy Klaws; and he sets down on a goods box at the edge of the pavement, with his feet in the gutter, and starts in eatin' all them things.
"First, he takes a bite off a yaller banana and then off a red banana, and then a mouthful of peanuts; and then maybe some mixed candies—not sayin' a word to nobody, but jest natchelly eatin' his fool head off. A young chap that's clerkin' in Bagby's grocery, next door, steps up to him and speaks to him, meanin', I suppose, to ast him is it true he's wealthy. And Old Peep says to him, 'Please don't come botherin' me now, sonny—I'm busy ketchin' up,' he says; and keeps right on a-munchin' and a-chewin' like all possessed.
"That ain't all of it, neither, Judge—not by a long shot it ain't! Purty soon Old Peep looks round him at the little crowd that's gathered. He didn't seem to pay no heed to the grown-up people standin' there; but he sees a couple of boys about ten years old in the crowd, and he beckons to them to come to him, and he makes room fur them alongside him on the box and divides up his knick-knacks with them.
"When I left there to come on back here he had no less'n six kids squatted round him, includin' one little nigger boy; and between 'em all they'd jest finished up the last of the bananas and peanuts and the candy and the gingersnaps, and was fixin' to take turns drinkin' the milk out of the coconut. I s'pose they've got it all cracked out of the shell and et up by now—the coconut, I mean. Judge, you oughter stepped down into Franklin Street and taken a look at the picture whilst there was still time. You never seen sech a funny sight in all your days, I'll bet!"
"I reckin 'twould be too late to be startin' now," said Judge Priest. "I'm right sorry I missed it. . . . Busy ketchin' up, huh? Yes; I reckin he is. . . . Tell me, son, whut did you make out of the way Peep O'Day acted?"
"Why, suh," stated Mr. Quarles, "to my mind, Judge, there ain't no manner of doubt but whut prosperity has went to his head and turned it. He acted to me like a plum' distracted idiot. A grown man with forty thousand pounds of solid money settin' on the side of a gutter eatin' jimcracks with a passel of dirty little boys! Kin you figure it out any other way, Judge—except that his mind is gone?"
"I don't set myself up to be a specialist in mental disorders, son," said Judge Priest softly; "but, sence you ask me the question, I should say, speakin' offhand, that it looks to me more ez ef the heart was the organ that was mainly affected. And possibly"—he added this last with a dry little smile—"and possibly, by now, the stomach also."
* * * * *
Whether or not Mr. Quarles was correct in his psychopathic diagnosis, he certainly had been right when he told Judge Priest that the word was already all over the business district. It had spread fast and was still spreading; it spread to beat the wireless, travelling as it did by that mouth-to-ear method of communication which is so amazingly swift and generally as tremendously incorrect. Persons who could not credit the tale at all, nevertheless lost no time in giving to it a yet wider circulation; so that, as though borne on the wind, it moved in every direction, like ripples on a pond; and with each time of retelling the size of the legacy grew.
The Daily Evening News, appearing on the streets at 5 P. M., confirmed the tale; though by its account the fortune was reduced to a sum far below the gorgeously exaggerated estimates of most of the earlier narrators. Between breakfast and supper-time Peep O'Day's position in the common estimation of his fellow citizens underwent a radical and revolutionary change. He ceased—automatically, as it were—to be a town character; he became, by universal consent, a town notable, whose every act and every word would thereafter be subjected to close scrutiny and closer analysis.
The next morning the nation at large had opportunity to know of the great good fortune that had befallen Paul Felix O'Day, for the story had been wired to the city papers by the local correspondents of the same; and the press associations had picked up a stickful of the story and sped it broadcast over leased wires. Many who until that day had never heard of the fortunate man, or, indeed, of the place where he lived, at once manifested a concern in his well-being.
Certain firms of investment brokers in New York and Chicago promptly added a new name to what vulgarly they called their "sucker" lists. Dealers in mining stocks, in oil stocks, in all kinds of attractive stocks, showed interest; in circular form samples of the most optimistic and alluring literature the world has ever known were consigned to the post, addressed to Mr. P. F. O'Day, such-and-such a town, such-and-such a state, care of general delivery.
Various lonesome ladies in various lonesome places lost no time in sitting themselves down and inditing congratulatory letters; object matrimony. Some of these were single ladies; others had been widowed, either by death or request. Various other persons of both sexes, residing here, there and elsewhere in our country, suddenly remembered that they, too, were descended from the O'Days of Ireland, and wrote on forthwith to claim proud and fond relationship with the particular O'Day who had come into money.
It was a remarkable circumstance, which instantly developed, that one man should have so many distant cousins scattered over the Union, and a thing equally noteworthy that practically all these kinspeople, through no fault of their own, should at the present moment be in such straitened circumstances and in such dire need of temporary assistance of a financial nature. Ticker and printer's ink, operating in conjunction, certainly did their work mighty well; even so, several days were to elapse before the news reached one who, of all those who read it, had most cause to feel a profound personal sensation in the intelligence.
This delay, however, was nowise to be blamed upon the tardiness of the newspapers; it was occasioned by the fact that the person referred to was for the moment well out of touch with the active currents of world affairs, he being confined in a workhouse at Evansville, Indiana.
As soon as he had rallied from the shock this individual set about making plans to put himself in direct touch with the inheritor. He had ample time in which to frame and shape his campaign, inasmuch as there remained for him yet to serve nearly eight long and painfully tedious weeks of a three-months' vagrancy sentence. Unlike most of those now manifesting their interest, he did not write a letter; but he dreamed dreams that made him forget the annoyances of a ball and chain fast on his ankle and piles of stubborn stones to be cracked up into fine bits with a heavy hammer.
We are getting ahead of our narrative, though—days ahead of it. The chronological sequence of events properly dates from the morning following the morning when Peep O'Day, having been abruptly translated from the masses of the penniless to the classes of the wealthy, had forthwith embarked upon the gastronomic orgy so graphically detailed by Deputy Sheriff Quarles.
On that next day more eyes probably than had been trained in Peep O'Day's direction in all the unremarked and unremarkable days of his life put together were focused upon him. Persons who theretofore had regarded his existence—if indeed they gave it a thought—as one of the utterly trivial and inconsequential incidents of the cosmic scheme, were moved to speak to him, to clasp his hand, and, in numerous instances, to express a hearty satisfaction over his altered circumstances. To all these, whether they were moved by mere neighbourly good will, or perchance were inspired by impulses of selfishness, the old man exhibited a mien of aloofness and embarrassment.
This diffidence or this suspicion—or this whatever it was—protected him from those who might entertain covetous and ulterior designs upon his inheritance even better than though he had been brusque and rude; while those who sought to question him regarding his plans for the future drew from him only mumbled and evasive replies, which left them as deeply in the dark as they had been before. Altogether, in his intercourse with adults he appeared shy and very ill at ease.
It was noted, though, that early in the forenoon he attached to him perhaps half a dozen urchins, of whom the oldest could scarcely have been more than twelve or thirteen years of age; and that these youngsters remained his companions throughout the day. Likewise the events of that day were such as to confirm a majority of the observers in practically the same belief that had been voiced by Mr. Quarles—namely, that whatever scanty brains Peep O'Day might have ever had were now completely ruined by the stroke of luck that had befallen him.
In fairness to all—to O'Day and to the town critics who sat in judgment upon his behaviour—it should be stated that his conduct at the very outset was not entirely devoid of evidences of sanity. With his troupe of ragged juveniles trailing behind him, he first visited Felsburg Brothers' Emporium to exchange his old and disreputable costume for a wardrobe that, in accordance with Judge Priest's recommendation, he had ordered on the afternoon previous, and which had since been undergoing certain necessary alterations.
With his meagre frame incased in new black woollens, and wearing, as an incongruous added touch, the most brilliant of neckties, a necktie of the shade of a pomegranate blossom, he presently issued from Felsburg Brothers' and entered M. Biederman's shoe store, two doors below. Here Mr. Biederman fitted him with shoes, and in addition noted down a further order, which the purchaser did not give until after he had conferred earnestly with the members of his youthful entourage.
Those watching this scene from a distance saw—and perhaps marvelled at the sight—that already, between these small boys, on the one part, and this old man, on the other, a perfect understanding appeared to have been established.
After leaving Biederman's, and tagged by his small escorts, O'Day went straight to the courthouse and, upon knocking at the door, was admitted to Judge Priest's private chambers, the boys meantime waiting outside in the hall. When he came forth he showed them something he held in his hand and told them something; whereupon all of them burst into excited and joyous whoops.
It was at that point that O'Day, by the common verdict of most grown-up onlookers, began to betray the vagaries of a disordered intellect. Not that his reason had not been under suspicion already, as a result of his freakish excess in the matter of B. Weil & Son's wares on the preceding day; but the relapse that now followed, as nearly everybody agreed, was even more pronounced, even more symptomatic than the earlier attack of aberration.
In brief, this was what happened: To begin with, Mr. Virgil Overall, who dealt in lands and houses and sold insurance of all the commoner varieties on the side, had stalked O'Day to this point and was lying in wait for him as he came out of the courthouse into the Public Square, being anxious to describe to him some especially desirable bargains, in both improved and unimproved realty; also, Mr. Overall was prepared to book him for life, accident and health policies on the spot.
So pleased was Mr. Overall at having distanced his professional rivals in the hunt that he dribbled at the mouth. But the warmth of his disappointment and indignation dried up the salivary founts instantly when the prospective patron declined to listen to him at all and, breaking free from Mr. Overall's detaining clasp, hurried on into Legal Row, with his small convoys trotting along ahead and alongside him.
At the door of the Blue Goose Saloon and Short Order Restaurant its proprietor, by name Link Iserman, was lurking, as it were, in ambush. He hailed the approaching O'Day most cordially; he inquired in a warm voice regarding O'Day's health; and then, with a rare burst of generosity, he invited, nay urged, O'Day to step inside and have something on the house—wines, ales, liquors or cigars; it was all one to Mr. Iserman. The other merely shook his head and, without a word of thanks for the offer, passed on as though bent upon an important mission.
Mark how the proofs were accumulating: The man had disdained the company of men of approximately his own age or thereabout; he had refused an opportunity to partake of refreshment suitable to his years; and now he stepped into the Bon Ton toy store and bought for cash—most inconceivable of acquisitions!—a little wagon that was painted bright red and bore on its sides, in curlicued letters, the name Comet.
His next stop was made at Bishop & Bryan's grocery, where, with the aid of his youthful compatriots, he first discriminatingly selected, and then purchased on credit, and finally loaded into the wagon, such purchases as a dozen bottles of soda pop, assorted flavours; cheese, crackers—soda and animal; sponge cakes with weather-proof pink icing on them; fruits of the season; cove oysters; a bottle of pepper sauce; and a quantity of the extra large sized bright green cucumber pickles known to the trade as the Fancy Jumbo Brand, Prime Selected.
Presently the astounding spectacle was presented of two small boys, with string bridles on their arms, drawing the wagon through our town and out of it into the country, with Peep O'Day in the role of teamster walking alongside the laden wagon. He was holding the lines in his hands and shouting orders at his team, who showed a colty inclination to shy at objects, to kick up their heels without provocation, and at intervals to try to run away. Eight or ten small boys—for by now the troupe had grown in number and in volume of noise—trailed along, keeping step with their elderly patron and advising him shrilly regarding the management of his refractory span.
As it turned out, the destination of this preposterous procession was Bradshaw's Grove, where the entire party spent the day picnicking in the woods and, as reported by several reliable witnesses, playing games. It was not so strange that holidaying boys should play games; the amazing feature of the performance was that Peep O'Day, a man old enough to be grandfather to any of them, played with them, being by turns an Indian chief, a robber baron, and the driver of a stagecoach attacked by Wild Western desperadoes.
When he returned to town at dusk, drawing his little red wagon behind him, his new suit was rumpled into many wrinkles and marked by dust and grass stains; his flame-coloured tie was twisted under one ear; his new straw hat was mashed quite out of shape; and in his eyes was a light that sundry citizens, on meeting him, could only interpret to be a spark struck from inner fires of madness.
Days that came after this, on through the midsummer, were, with variations, but repetitions of the day I have just described. Each morning Peep O'Day would go to either the courthouse or Judge Priest's home to turn over to the Judge the unopened mail which had been delivered to him at Gafford's stables; then he would secure from the Judge a loan of money against his inheritance. Generally the amount of his daily borrowing was a dollar; rarely was it so much as two dollars; and only once was it more than two dollars.
By nightfall the sum would have been expended upon perfectly useless and absolutely childish devices. It might be that he would buy toy pistols and paper caps for himself and his following of urchins; or that his whim would lead him to expend all the money in tin flutes. In one case the group he so incongruously headed would be for that one day a gang of make-believe banditti; in another, they would constitute themselves a fife-and-drum corps—with barreltops for the drums—and would march through the streets, where scandalised adults stood in their tracks to watch them go by, they all the while making weird sounds, which with them passed for music.
Or again, the available cash resources would be invested in provender; and then there would be an outing in the woods. Under Peep O'Day's captaincy his chosen band of youngsters picked dewberries; they went swimming together in Guthrie's Gravel Pit, out by the old Fair Grounds, where his spare naked shanks contrasted strongly with their plump freckled legs as all of them splashed through the shallows, making for deep water. Under his leadership they stole watermelons from Mr. Dick Bell's patch, afterward eating their spoils in thickets of grapevines along the banks of Perkins' Creek.
It was felt that mental befuddlement and mortal folly could reach no greater heights—or no lower depths—than on a certain hour of a certain day, along toward the end of August, when O'Day came forth from his quarters in Gafford's stables, wearing a pair of boots that M. Biederman's establishment had turned out to his order and his measure—not such boots as a sensible man might be expected to wear, but boots that were exaggerated and monstrous counterfeits of the red-topped, scroll-fronted, brass-toed, stub-heeled, squeaky-soled bootees that small boys of an earlier generation possessed.
Very proudly and seemingly unconscious of or, at least, oblivious to the derisive remarks that the appearance of these new belongings drew from many persons, the owner went clumping about in them, with the rumply legs of his trousers tucked down in them, and ballooning up and out over the tops in folds which overlapped from his knee joints halfway down his attenuated calves.
As Deputy Sheriff Quarles said, the combination was a sight fit to make a horse laugh. It may be that small boys have a lesser sense of humour than horses have, for certainly the boys who were the old man's invariable shadows did not laugh at him, or at his boots either.
Between the whiskered senior and his small comrades there existed a freemasonry that made them all sense a thing beyond the ken of most of their elders. Perhaps this was because the elders, being blind in their superior wisdom, saw neither this thing nor the communion that flourished. They saw only the farcical joke. But His Honour, Judge Priest, to cite a conspicuous exception, seemed not to see the lamentable comedy of it.
Indeed, it seemed to some almost as if Judge Priest were aiding and abetting the befogged O'Day in his demented enterprises, his peculiar excursions and his weird purchases. If he did not actually encourage him in these constant exhibitions of witlessness, certainly there were no evidences available to show that he sought to dissuade O'Day from his strange course.
At the end of a fortnight one citizen, in whom patience had ceased to be a virtue and to whose nature long-continued silence on any public topic was intolerable, felt it his duty to speak to the Judge upon the subject. This gentleman—his name was S. P. Escott—held, with others, that, for the good name of the community, steps should be taken to abate the infantile, futile activities of the besotted legatee.
Afterward Mr. Escott, giving a partial account of the conversation with Judge Priest to certain of his friends, showed unfeigned annoyance at the outcome.
"I claim that old man's not fittin' to be runnin' a court any longer," he stated bitterly. "He's too old and peevish—that's whut ails him! Fur one, I'm certainly not never goin' to vote fur him again. Why, it's gettin' to be ez much ez a man's life is worth to stop that there spiteful old crank on the street and put a civil question to him—that's whut's the matter!"
"What happened, S. P.?" inquired someone.
"Why, here's whut happened!" exclaimed the aggrieved Mr. Escott. "I hadn't any more than started in to tell him the whole town was talkin' about the way that daffy Old Peep O'Day was carryin' on, and that somethin' had oughter be done about it, and didn't he think it was beholdin' on him ez circuit judge to do somethin' right away, sech ez havin' O'Day tuck up and tried fur a lunatic, and that I fur one was ready and willin' to testify to the crazy things I'd seen done with my own eyes—when he cut in on me and jest ez good ez told me to my own face that ef I'd quit tendin' to other people's business I'd mebbe have more business of my own to tend to.
"Think of that, gentlemen! A circuit judge bemeanin' a citizen and a taxpayer"—he checked himself slightly—"anyhow, a citizen, thataway! It shows he can't be rational his own self. Personally I claim Old Priest is failin' mentally—he must be! And ef anybody kin be found to run against him at the next election you gentlemen jest watch and see who gits my vote!"
Having uttered this threat with deep and significant emphasis Mr. Escott, still muttering, turned and entered the front gate of his boarding house. It was not exactly his boarding house; his wife ran it. But Mr. Escott lived there and voted from there.
But the apogee of Peep O'Day's carnival of weird vagaries of deportment came at the end of two months—two months in which each day the man furnished cumulative and piled-up material for derisive and jocular comment on the part of a very considerable proportion of his fellow townsmen.
Three occurrences of a widely dissimilar nature, yet all closely interrelated to the main issue, marked the climax of the man's new role in his new career. The first of these was the arrival of his legacy; the second was a one-ring circus; and the third and last was a nephew.
In the form of certain bills of exchange the estate left by the late Daniel O'Day, of the town of Kilmare, in the island of Ireland, was on a certain afternoon delivered over into Judge Priest's hands, and by him, in turn, handed to the rightful owner, after which sundry indebtednesses, representing the total of the old Judge's day-to-day cash advances to O'Day, were liquidated.
The ceremony of deducting this sum took place at the Planters' Bank, whither the two had journeyed in company from the courthouse. Having, with the aid of the paying teller, instructed O'Day in the technical details requisite to the drawing of personal checks, Judge Priest went home and had his bag packed, and left for Reelfoot Lake to spend a week fishing. As a consequence he missed the remaining two events, following immediately thereafter.
The circus was no great shakes of a circus; no grand, glittering, gorgeous, glorious pageant of education and entertainment, travelling on its own special trains; no vast tented city of world's wonders and world's champions, heralded for weeks and weeks in advance of its coming by dead walls emblazoned with the finest examples of the lithographer's art, and by half-page advertisements in the Daily Evening News. On the contrary, it was a shabby little wagon show, which, coming overland on short notice, rolled into town under horse power, and set up its ragged and dusty canvases on the vacant lot across from Yeiser's drug store.
Compared with the street parade of any of its great and famous rivals, the street parade of this circus was a meagre and disappointing thing. Why, there was only one elephant, a dwarfish and debilitated-looking creature, worn mangy and slick on its various angles, like the cover of an old-fashioned haircloth trunk; and obviously most of the closed cages were weather-beaten stake wagons in disguise. Nevertheless, there was a sizable turnout of people for the afternoon performance. After all, a circus was a circus.
Moreover, this particular circus was marked at the afternoon performance by happenings of a nature most decidedly unusual. At one o'clock the doors were opened: at one-ten the eyes of the proprietor were made glad and his heart was uplifted within him by the sight of a strange procession, drawing nearer and nearer across the scuffed turf of the common, and heading in the direction of the red ticket wagon.
At the head of the procession marched Peep O'Day—only, of course, the proprietor didn't know it was Peep O'Day—a queer figure in his rumpled black clothes and his red-topped brass-toed boots, and with one hand holding fast to the string of a captive toy balloon. Behind him, in an uneven jostling formation, followed many small boys and some small girls. A census of the ranks would have developed that here were included practically all the juvenile white population who otherwise, through a lack of funds, would have been denied the opportunity to patronise this circus or, in fact, any circus.
Each member of the joyous company was likewise the bearer of a toy balloon—red, yellow, blue, green or purple, as the case might be. Over the line of heads the taut rubbery globes rode on their tethers, nodding and twisting like so many big iridescent bubbles; and half a block away, at the edge of the lot, a balloon vender, whose entire stock had been disposed of in one splendid transaction, now stood, empty-handed but full-pocketed, marvelling at the stroke of luck that enabled him to take an afternoon off and rest his voice.
Out of a seemingly bottomless exchequer Peep O'Day bought tickets of admission for all. But this was only the beginning. Once inside the tent he procured accommodations in the reserved-seat section for himself and those who accompanied him. From such superior points of vantage the whole crew of them witnessed the performance, from the thrilling grand entry, with spangled ladies and gentlemen riding two by two on broad-backed steeds, to the tumbling bout introducing the full strength of the company, which came at the end.
They munched fresh-roasted peanuts and balls of sugar-coated pop corn, slightly rancid, until they munched no longer with zest but merely mechanically. They drank pink lemonade to an extent that threatened absolute depletion of the fluid contents of both barrels in the refreshment stand out in the menagerie tent. They whooped their unbridled approval when the wild Indian chief, after shooting down a stuffed coon with a bow and arrow from somewhere up near the top of the centre pole while balancing himself jauntily erect upon the haunches of a coursing white charger, suddenly flung off his feathered headdress, his wig and his fringed leather garments, and revealed himself in pink fleshings as the principal bareback rider.
They screamed in a chorus of delight when the funny old clown, who had been forcibly deprived of three tin flutes in rapid succession, now produced yet a fourth from the seemingly inexhaustible depths of his baggy white pants—a flute with a string and a bent pin affixed to it—and, secretly hooking the pin in the tail of the cross ringmaster's coat, was thereafter enabled to toot sharp shrill blasts at frequent intervals, much to the chagrin of the ringmaster, who seemed utterly unable to discover the whereabouts of the instrument dangling behind him.
But no one among them whooped louder or laughed longer than their elderly and bewhiskered friend, who sat among them, paying the bills. As his guests they stayed for the concert; and, following this, they patronised the side show in a body. They had been almost the first upon the scene; assuredly they were the last of the audience to quit it.
Indeed, before they trailed their confrere away from the spot the sun was nearly down; and at scores of supper tables all over town the tale of poor old Peep O'Day's latest exhibition of freakishness was being retailed, with elaborations, to interested auditors. Estimates of the sum probably expended by him in this crowning extravagance ranged well up into the hundreds of dollars.
As for the object of these speculations, he was destined not to eat any supper at all that night. Something happened that so upset him as to make him forget the meal altogether. It began to happen when he reached the modest home of P. Gafford, adjoining the Gafford stables, on Locust Street, and found sitting on the lowermost step of the porch a young man of untidy and unshaven aspect, who hailed him affectionately as Uncle Paul, and who showed deep annoyance and acute distress upon being rebuffed with chill words.
It is possible that the strain of serving a three-months' sentence, on the technical charge of vagrancy, in a workhouse somewhere in Indiana, had affected the young man's nerves. His ankle bones still ached where the ball and chain had been hitched; on his palms the blisters induced by the uncongenial use of a sledge hammer on a rock pile had hardly as yet turned to calluses. So it is only fair to presume that his nervous system felt the stress of his recent confining experiences.
Almost tearfully he pleaded with Peep O'Day to remember the ties of blood that bound them; repeatedly he pointed out that he was the only known kinsman of the other in all the world, and, therefore, had more reason than any other living being to expect kindness and generosity at his uncle's hands. He spoke socialistically of the advisability of an equal division; failing to make any impression here he mentioned the subject of a loan—at first hopefully, but finally despairingly.
When he was done Peep O'Day, in a perfectly colourless and unsympathetic voice, bade him good-by—not good night but good-by! And, going inside the house, he closed the door behind him, leaving his newly returned relative outside and quite alone.
At this the young man uttered violent language; but, since there was nobody present to hear him, it is likely he found small satisfaction in his profanity, rich though it may have been in metaphor and variety. So presently he betook himself off, going straight to the office in Legal Row of H. B. Sublette, attorney at law.
From the circumstance that he found Mr. Sublette in, though it was long past that gentleman's office hours, and, moreover, found Mr. Sublette waiting in an expectant and attentive attitude, it might have been adduced by one skilled in the trick of putting two and two together that the pair of them had reached a prior understanding sometime during the day; and that the visit of the young man to the Gafford home and his speeches there had all been parts of a scheme planned out at a prior conference.
Be this as it may, as soon as Mr. Sublette had heard his caller's version of the meeting upon the porch he lost no time in taking certain legal steps. That very night, on behalf of his client, denominated in the documents as Percival Dwyer, Esquire, he prepared a petition addressed to the circuit judge of the district, setting forth that, inasmuch as Paul Felix O'Day had by divers acts shown himself to be of unsound mind, now, therefore, came his nephew and next of kin praying that a committee or curator be appointed to take over the estate of the said Paul Felix O'Day, and administer the same in accordance with the orders of the court until such time as the said Paul Felix O'Day should recover his reason, or should pass from this life, and so forth and so on; not to mention whereases in great number and aforesaids abounding throughout the text in the utmost profusion.
On the following morning the papers were filed with Circuit Clerk Milam. That vigilant barrister, Mr. Sublette, brought them in person to the courthouse before nine o'clock, he having the interests of his client at heart and perhaps also visions of a large contingent fee in his mind. No retainer had been paid. The state of Mr. Dwyer's finances—or, rather, the absence of any finances—had precluded the performance of that customary detail; but to Mr. Sublette's experienced mind the prospects of future increment seemed large.
Accordingly he was all for prompt action. Formally he said he wished to go on record as demanding for his principal a speedy hearing of the issue, with a view to preventing the defendant named in the pleadings from dissipating any more of the estate lately bequeathed to him and now fully in his possession—or words to that effect.
Mr. Milam felt justified in getting into communication with Judge Priest over the long-distance phone; and the Judge, cutting short his vacation and leaving uncaught vast numbers of bass and perch in Reelfoot Lake, came home, arriving late that night.
Next morning, having issued divers orders in connection with the impending litigation, he sent a messenger to find Peep O'Day and to direct O'Day to come to the courthouse for a personal interview.
Shortly thereafter a scene that had occurred some two months earlier, with His Honour's private chamber for a setting, was substantially duplicated: There was the same cast of two, the same stage properties, the same atmosphere of untidy tidiness. And, as before, the dialogue was in Judge Priest's hands. He led and his fellow character followed his leads.
"Peep," he was saying, "you understand, don't you, that this here fragrant nephew of yours that's turned up from nowheres in particular is fixin' to git ready to try to prove that you are feeble-minded? And, on top of that, that he's goin' to ask that a committee be app'inted fur you—in other words, that somebody or other shall be named by the court, meanin' me, to take charge of your property and control the spendin' of it frum now on?"
"Yes, suh," stated O'Day. "Pete Gafford he set down with me and made hit all clear to me, yestiddy evenin', after they'd done served the papers on me."
"All right, then. Now I'm goin' to fix the hearin' fur to-morrow mornin' at ten. The other side is askin' fur a quick decision; and I rather figger they're entitled to it. Is that agreeable to you?"
"Whutever you say, Judge."
"Well, have you retained a lawyer to represent your interests in court? That's the main question that I sent fur you to ast you."
"Do I need a lawyer, Judge?"
"Well, there have been times when I regarded lawyers ez bein' superfluous," stated Judge Priest dryly. "Still, in most cases litigants do have 'em round when the case is bein' heard."
"I don't know ez I need any lawyer to he'p me say whut I've got to say," said O'Day. "Judge, you ain't never ast me no questions about the way I've been carryin' on sence I come into this here money; but I reckin mebbe this is ez good a time ez any to tell you jest why I've been actin' the way I've done. You see, suh——"
"Hold on!" broke in Judge Priest. "Up till now, ez my friend, it would 'a' been perfectly proper fur you to give me your confidences ef you were minded so to do; but now I reckin you'd better not. You see, I'm the judge that's got to decide whether you are a responsible person—whether you're mentally capable of handlin' your own financial affairs, or whether you ain't. So you'd better wait and make your statement in your own behalf to me whilst I'm settin' on the bench. I'll see that you git an opportunity to do so and I'll listen to it; and I'll give it all the consideration it's deservin' of.
"And, on second thought, p'raps it would only be a waste of time and money fur you to go hirin' a lawyer specially to represent you. Under the law it's my duty, in sech a case ez this here one is, to app'int a member of the bar to serve durin' the proceedin's ez your guardian ad litem.
"You don't need to be startled," he added as O'Day flinched at the sound in his ears of these strange and fearsome words. "A guardian ad litem is simply a lawyer that tends to your affairs till the case is settled one way or the other. Ef you had a dozen lawyers I'd have to app'int him jest the same. So you don't need to worry about that part of it.
"That's all. You kin go now ef you want to. Only, ef I was you, I wouldn't draw out any more money frum the bank 'twixt now and the time when I make my decision."
* * * * *
All things considered, it was an unusual assemblage that Judge Priest regarded over the top rims of his glasses as he sat facing it in his broad armchair, with the flat top of the bench intervening between him and the gathering. Not often, even in the case of exciting murder trials, had the old courtroom held a larger crowd; certainly never had it held so many boys. Boys, and boys exclusively, filled the back rows of benches downstairs. More boys packed the narrow shelf-like balcony that spanned the chamber across its far end—mainly small boys, barefooted, sunburned, freckled-faced, shock-headed boys. And, for boys, they were strangely silent and strangely attentive.
The petitioner sat with his counsel, Mr. Sublette. The petitioner had been newly shaved, and from some mysterious source had been equipped with a neat wardrobe. Plainly he was endeavouring to wear a look of virtue, which was a difficult undertaking, as you would understand had you known the petitioner.
The defending party to the action was seated across the room, touching elbows with old Colonel Farrell, dean of the local bar and its most florid orator.
"The court will designate Col. Horatio Farrell as guardian ad litem for the defendant during these proceedings," Judge Priest had stated a few minutes earlier, using the formal and grammatical language he reserved exclusively for his courtroom.
At once old Colonel Farrell had hitched his chair up alongside O'Day; had asked him several questions in a tone inaudible to those about them; had listened to the whispered answers of O'Day; and then had nodded his huge curly white dome of a head, as though amply satisfied with the responses.
Let us skip the preliminaries. True, they seemed to interest the audience; here, though, they would be tedious reading. Likewise, in touching upon the opening and outlining address of Attorney-at-Law Sublette let us, for the sake of time and space, be very much briefer than Mr. Sublette was. For our present purposes, I deem it sufficient to say that in all his professional career Mr. Sublette was never more eloquent, never more forceful, never more vehement in his allegations, and never more convinced—as he himself stated, not once but repeatedly—of his ability to prove the facts he alleged by competent and unbiased testimony. These facts, he pointed out, were common knowledge in the community; nevertheless, he stood prepared to buttress them with the evidence of reputable witnesses, given under oath.
Mr. Sublette, having unwound at length, now wound up. He sat down, perspiring freely and through the perspiration radiating confidence in his contentions, confidence in the result and, most of all, unbounded confidence in Mr. Sublette.
Now Colonel Farrell was standing up to address the court. Under the cloak of a theatrical presence and a large orotund manner, and behind a Ciceronian command of sonorous language, the colonel carried concealed a shrewd old brain. It was as though a skilled marksman lurked in ambush amid a tangle of luxuriant foliage. In this particular instance, moreover, it is barely possible that the colonel was acting on a cue, privily conveyed to him before the court opened.
"May it please Your Honour," he began, "I have just conferred with the defendant here; and, acting in the capacity of his guardian ad litem, I have advised him to waive an opening address by counsel. Indeed, the defendant has no counsel. Furthermore, the defendant, also acting upon my advice, will present no witnesses in his own behalf. But, with Your Honour's permission, the defendant will now make a personal statement; and thereafter he will rest content, leaving the final arbitrament of the issue to Your Honour's discretion."
"I object!" exclaimed Mr. Sublette briskly.
"On what grounds does the learned counsel object?" inquired Judge Priest.
"On the grounds that, since the mental competence of this man is concerned—since it is our contention that he is patently and plainly a victim of senility, an individual prematurely in his dotage—any utterances by him will be of no value whatsoever in aiding the conscience and intelligence of the court to arrive at a fair and just conclusion regarding the defendant's mental condition."
Mr. Sublette excelled in the use of big words; there was no doubt about that.
"The objection is overruled," said Judge Priest. He nodded in the direction of O'Day and Colonel Farrell. "The court will hear the defendant. He is not to be interrupted while making his statement. The defendant may proceed."
Without further urging, O'Day stood up, a tall, slab-sided rack of a man, with his long arms dangling at his sides, half facing Judge Priest and half facing his nephew and his nephew's lawyer. Without hesitation he began to speak. And this was what he said:
"There's mebbe some here ez knows about how I was raised and fetched up. My paw and my maw died when I was jest only a baby; so I was brung up out here at the old county porehouse ez a pauper. I can't remember the time when I didn't have to work for my board and keep, and work hard. While other boys was goin' to school and playin' hooky, and goin' in washin' in the creek, and playin' games, and all sech ez that, I had to work. I never done no playin' round in my whole life—not till here jest recently, anyway.
"But I always craved to play round some. I didn't never say nothin' about it to nobody after I growed up, 'cause I figgered it out they wouldn't understand and mebbe'd laugh at me; but all these years, ever sence I left that there porehouse, I've had a hankerin' here inside of me"—he lifted one hand and touched his breast—"I've had a hankerin' to be a boy and to do all the things a boy does; to do the things I was chiselled out of doin' whilst I was of a suitable age to be doin' 'em. I call to mind that I uster dream in my sleep about doin' 'em; but the dream never come true—not till jest here lately. It didn't have no chancet to come true—not till then.
"So, when this money come to me so sudden and unbeknownstlike I said to myself that I was goin' to make that there dream come true; and I started out fur to do it. And I done it! And I reckin that's the cause of my bein' here to-day, accused of bein' feeble-minded. But, even so, I don't regret it none. Ef it was all to do over ag'in I'd do it jest the very same way.
"Why, I never knowed whut it was, till here two months or so ago, to have my fill of bananas and candy and gingersnaps, and all sech knickknacks ez them. All my life I've been cravin' secretly to own a pair of red-topped boots with brass toes on 'em, like I used to see other boys wearin' in the wintertime when I was out yonder at that porehouse wearin' an old pair of somebody else's cast-off shoes—mebbe a man's shoes, with rags wropped round my feet to keep the snow frum comin' through the cracks in 'em, and to keep 'em frum slippin' right spang off my feet. I got three toes frostbit oncet durin' a cold spell, wearin' them kind of shoes. But here the other week I found myself able to buy me some red-top boots with brass toes on 'em. So I had 'em made to order and I'm wearin' 'em now. I wear 'em reg'lar even ef it is summertime. I take a heap of pleasure out of 'em. And, also, all my life long I've been wantin' to go to a circus. But not till three days ago I didn't never git no chancet to go to one.
"That gentleman yonder—Mister Sublette—he 'lowed jest now that I was leadin' a lot of little boys in this here town into bad habits. He said that I was learnin' 'em nobody knowed whut devilment. And he spoke of my havin' egged 'em on to steal watermelons frum Mister Bell's watermelon patch out here three miles frum town, on the Marshallville gravel road. You-all heared whut he jest now said about that.
"I don't mean no offence and I beg his pardon fur contradictin' him right out before everybody here in the big courthouse; but, mister, you're wrong. I don't lead these here boys astray that I've been runnin' round with. They're mighty nice clean boys, all of 'em. Some of 'em are mighty near ez pore ez whut I uster be; but there ain't no real harm in any of 'em. We git along together fine—me and them. And, without no preachin', nor nothin' like that, I've done my best these weeks we've been frolickin' and projectin' round together to keep 'em frum growin' up to do mean things.
"I use chawin' tobacco myself; but I've tole 'em, I don't know how many times, that ef they chaw it'll stunt 'em in their growth. And I've got several of 'em that was smokin' cigarettes on the sly to promise me they'd quit. So I don't figger ez I've done them boys any real harm by goin' round with 'em. And I believe ef you was to ast 'em they'd all tell you the same, suh.
"Now about them watermelons: Sence this gentleman has brung them watermelons up, I'm goin' to tell you-all the truth about that too."
He cast a quick, furtive look, almost a guilty look, over his shoulder toward the rear of the courtroom before he went on:
"Them watermelons wasn't really stole at all. I seen Mister Dick Bell beforehand and arranged with him to pay him in full fur whutever damage mout be done. But, you see, I knowed watermelons tasted sweeter to a boy ef he thought he'd hooked 'em out of a patch; so I never let on to my little pardners yonder that I'd the same ez paid Mister Bell in advance fur the melons we took out of his patch and et in the woods. They've all been thinkin' up till now that we really hooked them watermelons. But ef that was wrong I'm sorry fur it.
"Mister Sublette, you jest now said that I was fritterin' away my property on vain foolishment. Them was the words you used—'fritterin'' and 'vain foolishment.' Mebbe you're right, suh, about the fritterin' part; but ef spendin' money in a certain way gives a man ez much pleasure ez it's give me these last two months, and ef the money is his'n by rights, I figger it can't be so very foolish; though it may 'pear so to some.
"Excusin' these here clothes I've got on and these here boots, which ain't paid fur yet, but are charged up to me on Felsburg Brothers' books and Mister M. Biederman's books, I didn't spend only a dollar a day, or mebbe two dollars, and once three dollars in a single day out of whut was comin' to me. The Judge here, he let me have that out of his own pocket; and I paid him back. And that was all I did spend till here three days ago when that there circus come to town. I reckin I did spend a right smart then. |
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