CHAPTER XVI.

A BLOCK IN THE WHEEL.

At half-past one o'clock people began to loiter into the court-house

at Wilkesbarre; at two the court-room was full. They were there, the

most of them, to hear the close of the now celebrated Burnham case.

The judge came in from a side door and took his seat on the bench.

Beneath him the prothonotary was busy writing in a big book. Down in

the bar the attorneys sat chatting familiarly and pleasantly with one

another. Sharpman was there, and Craft was at his elbow.

Goodlaw was there, and Mrs. Burnham sat in her accustomed place. The

crier opened court in a voice that could be heard to the farthest end

of the room, though few of the listeners understood what his "Oyez!

oyez! oyez!" was all about.

Some opinions of the court were read and handed down by the judge. The

prothonotary called the jury list for the week. Two or three jurors

presented applications for discharge which were patiently considered

and acted on by the court.

The sheriff arose and acknowledged a bunch of deeds, the title-pages

of which had been read aloud by the judge.

An attorney stepped up to the railing and presented a petition to the

court; another attorney arose and objected to it, and quite a little

discussion ensued over the matter. It finally ended by a rule being

granted to show cause why the petition should not be allowed. Then

there were several motions made by as many lawyers. All this took much

time; a good half-hour at least, perhaps longer.

Finally there was a lull. The judge was busily engaged in writing. The

attorneys seemed to have exhausted their topics for conversation and

to be waiting for new ones.

The jury in the Burnham case sat listlessly in their chairs, glad that

their work in the matter at issue was nearly done, yet regretful that

a case had not been made out which might have called for the exercise

of that large intelligence, that critical acumen, that capacity

for close reasoning, of which the members of the average jury

feel themselves to be severally and collectively possessed. As it

was, there would be little for them to do. The case was extremely

one-sided, "like the handle on a jug," as one of them sententiously

and somewhat scornfully remarked.

The judge looked up from his writing. "Well, gentlemen," he said, "are

you ready to proceed in the case of 'Craft against Burnham'?"

"We are ready on the part of the plaintiff," replied Sharpman.

Goodlaw arose. "If it please the court," he said, "we are in the same

position to-day that we were in on Saturday night at the adjournment.

This matter has been, with us, one of investigation rather than of

defence.

"Though we hesitate to accept a statement of fact from a man of Simon

Craft's self-confessed character, yet the corroborative evidence seems

to warrant a belief in the general truth of his story.

"We do not wish to offer any further contradictory evidence than that

already elicited from the plaintiff's witnesses. I may say, however,

that this decision on our part is due not so much to my own sense of

the legal barrenness of our case as to my client's deep conviction

that the boy Ralph is her son, and to her great desire that justice

shall be done to him."

"In that case," said the judge, "I presume you will have nothing

further to offer on the part of the plaintiff, Mr. Sharpman?"

"Nothing," replied that gentleman, with an involuntary, smile of

satisfaction on his lips.

"Then," said Goodlaw, who was still standing, "I suppose the evidence

may be declared closed. I know of no--" He stopped and turned to see

what the noise and confusion back by the entrance was about. The eyes

of every one else in the room were turned in that direction also. A

tipstaff was trying to detain Ralph at the door; he had not recognized

him. But the boy broke away from him and hurried down the central

aisle to the railing of the bar. In the struggle with the officer he

had lost his hat, and his hair was tumbled over his forehead. His face

was grimy and streaked with perspiration; his clothes were torn and

dusty, and in his hand he still carried his shoes and stockings.

"Mr. Goodlaw!" he exclaimed in a loud whisper as he hastened across

the bar, "Mr. Goodlaw, wait a minute! I ain't Robert Burnham's son! I

didn't know it till yestaday; but I ain't--I ain't his son!"

The boy dropped, panting, into a chair. Goodlaw looked down on him

in astonishment. Old Simon clutched his cane and leaned forward with

his eyes flashing fire. Mrs. Burnham, her face pale with surprise and

compassion, began to smooth back the hair from the lad's wet forehead.

The people back in the court-room had risen to their feet, to look

down into the bar, and the constables were trying to restore order.

It all took place in a minute.

Then Ralph began to talk again:--

"Rhymin' Joe said so; he said I was Simon Craft's grandson; he told--"

Sharpman interrupted him. "Come with me, Ralph," he said, "I want to

speak with you a minute." He reached out his hand, as if to lead him

away; but Goodlaw stepped between them, saying, sternly:--

"He shall not go! The boy shall tell his story unhampered; you shall

not crowd it back down his throat in private!"

"I say the boy shall go," replied Sharpman, angrily. "He is my client,

and I have a right to consult with him."

This was true. For a moment Goodlaw was at his wit's end. Then, a

bright idea came to him.

"Ralph," he said, "take the witness-stand."

Sharpman saw that he was foiled.

He turned to the court, white with passion.

"I protest," he exclaimed, "against this proceeding! It is contrary

to both law and courtesy. I demand the privilege of consulting with

my client!"

"Counsel has a right to call the boy as a witness," said the judge,

dispassionately, "and to put him on the stand at once. Let him be

sworn."

Ralph pushed his way up to the witness-stand, and the officer

administered the oath. He was a sorry-looking witness indeed.

At any other time or in any other place, his appearance would have

been ludicrous. But now no one laughed. The people in the court-room

began to whisper, "Hush!" fearing lest the noise of moving bodies

might cause them to lose the boy's words.

To Goodlaw it was all a mystery. He did not know how to begin the

examination. He started at a venture.

"Are you Robert Burnham's son?"

"No, sir," replied Ralph, firmly. "I ain't."

There was a buzz of excitement in the room. Old Simon sat staring

at the boy incredulously. His anger had changed for the moment into

wonder. He could not understand the cause of Ralph's action. Sharpman

had not told him of the interview with Rhyming Joe--he had not thought

it advisable.

"Who are you, then?" inquired Goodlaw.

"I'm Simon Craft's grandson." The excitement in the room ran higher.

Craft raised himself on his cane to lean toward Sharpman. "He lies!"

whispered the old man, hoarsely; "the boy lies!"

Sharpman paid no attention to him.

"When did you first learn that you are Mr. Craft's grandson?"

continued the counsel for the defence.

"Last night," responded Ralph.

"Where?"

"At Mr. Sharpman's office."

The blood rushed suddenly into Sharpman's face. He understood it all

now; Ralph had overheard.

"Who told you?" asked Goodlaw.

"No one told me, I heard Rhymin' Joe--"

Sharpman interrupted him.

"I don't know," he said, "if the court please, what this boy is trying

to tell nor what wild idea has found lodgement in his brain; but I

certainly object to the introduction of such hearsay evidence as

counsel seems trying to bring out. Let us at least know whether the

responsible plaintiff in this case was present or was a party to this

alleged conversation."

"Was Mr. Craft present?" asked Goodlaw of the witness.

"No, sir; I guess not, I didn't hear 'im, any way."

"Did you see him?"

"No, sir; I didn't see 'im. I didn't see either of 'em."

"Where were you?"

"In the room nex' to the street."

"Where did this conversation take place?"

"In the back room."

"Was the door open?"

"Just a little."

"Who were in the back room?"

"Mr. Sharpman an' Rhymin' Joe."

"Who is Rhyming Joe?"

"He's a man I used to know in Philadelphy."

"When you lived with Craft?"

"Yes, sir."

"What was his business?"

"I don't know as anything. He used to bring things to the house

sometimes, watches an' things."

"How long have you known Rhyming Joe?"

"Ever since I can remember."

"Was he at Craft's house frequently?"

"Yes, sir; most all the time."

An idea of the true situation of affairs was dawning upon Goodlaw's

mind. That Ralph had overheard Rhyming Joe say to Sharpman that the

boy was Simon Craft's grandson was evident. But how to get that fact

before the jury in the face of the rules of evidence--that was the

question. It seemed to him that there should be some way to do it, and

he kept on with the examination in order to gain time for thought and

to lead up to the point.

"Did Mr. Sharpman know that you were in his office when this

conversation took place?"

"No, sir; I guess not."

"Did Rhyming Joe know you were there?"

"No, sir; I don't believe he did."

"From the conversation overheard by you, have you reason to believe

that Rhyming Joe is acquainted with the facts relating to your

parentage?"

"Yes, sir; he must know."

"And, from hearing that conversation, did you become convinced that

you are Simon Craft's grandson and not Robert Burnham's son?"

"Yes, sir, I did. Rhymin' Joe said so, an' he knows."

"Did you see Rhyming Joe last night?"

"No, sir. Only as he passed by me in the dark."

"Have you seen him to-day?"

"No, sir; he promised to go away this mornin'."

"To whom did he make that promise?"

Sharpman was on his feet in an instant, calling on Ralph to stop, and

appealing to the court to have the counsel and witness restricted to

a line of evidence that was legal and proper. He saw open before him

the pit of bribery, and this fearless boy was pushing him dangerously

close to the brink of it.

The judge admonished the defendant's attorney to hold the witness

within proper bounds and to proceed with the examination.

In the meantime, Goodlaw had been thinking. He felt that it was of the

highest importance that this occurrence in Sharpman's office should be

made known to the court and the jury, and that without delay. There

was but one theory, however, on which he could hope to introduce

evidence of all that had taken place there, and he feared that that

was not a sound one. But he determined to put on a bold face and make

the effort.

"Ralph," he said, calmly, "you may go on now and give the entire

conversation as you heard it last night between Mr. Sharpman and

Rhyming Joe."

The very boldness of the question brought a smile to Sharpman's face

as he arose and objected to the legality of the evidence asked for.

"We contend," said Goodlaw, in support of his offer, "that neither the

trustee-plaintiff nor his attorney are persons whom the law recognizes

as having any vital interest in this suit. The witness on the stand is

the real plaintiff here, his are the interests that are at stake, and

if he chooses to give evidence adverse to those interests, evidence

relevant to the matter at issue, although it may be hearsay evidence,

he has a perfect right to do so. His privilege as a witness is as high

as that of any other plaintiff."

But Sharpman was on the alert. He arose to reply.

"Counsel forgets," he said, "or else is ignorant of the fact, that

the very object of the appointment of a guardian is because the law

considers that a minor is incapable of acting for himself. He has no

discretionary power in connection with his estate. He has no more

right to go on the witness-stand and give voluntary hearsay evidence

which shall be adverse to his own interests than he has to give away

any part of his estate which may be under the control of his trustee.

A guardian who will allow him to do either of these things without

objection will be liable for damages at the hands of his ward when

that ward shall have reached his majority. We insist on the rejection

of the offer."

The judge sat for a minute in silence, as if weighing the matter

carefully. Finally he said:--

"We do not think the testimony is competent, Mr. Goodlaw. Although the

point is a new one to us, we are inclined to look upon the law of the

case as Mr. Sharpman looks on it. We shall be obliged to refuse your

offer. We will seal you a bill of exceptions."

Goodlaw had hardly dared to expect anything else. There was nothing

for him to do but to acquiesce in the ruling of the court.

Ralph turned to face him with a question on his lips.

"Mr. Goodlaw," he said, "ain't they goin' to let me tell what I heard

Rhymin' Joe say?"

"I am afraid not, Ralph; the court has ruled that conversation out."

"But they won't never know the right of it unless I tell that. I've

got to tell it; that's what I come here for."

The judge turned to the witness and spoke to him, not unkindly:--

"Ralph, suppose you refrain from interrogating your counsel, and let

him ask questions of you; that is the way we do here."

"Yes, sir, I will," said the boy, innocently, "only it seems too bad

'at I can't tell what Rhymin' Joe said."

The lawyers in the bar were smiling, Sharpman had recovered his

apparent good-nature, and Goodlaw began again to interrogate the

witness.

"Are you aware, Ralph," he asked, "that your testimony here to-day

may have the effect of excluding you from all rights in the estate

of Robert Burnham?"

"Yes, sir, I know it."

"And do you know that you are probably denying yourself the right to

bear one of the most honored names, and to live in one of the most

beautiful homes in this community?"

"Yes, sir, I know it all. I wouldn't mind all that so much though if

it wasn't for my mother. I've got to give her up now, that's the worst

of it; I don't know how I'm goin' to stan' that."

Mrs. Burnham, sitting by her counsel, bent her head above the table

and wept silently.

"Was your decision to disclose your knowledge reached with a fair

understanding of the probable result of such a disclosure?"

"Yes, sir, it was. I knew what the end of it'd be, an' I had a pirty

hard time to bring myself to it, but I done it, an' I'm glad now 'at

I did."

"Did you reach this decision alone or did some one help you to it?"

"Well, I'll tell you how that was. All't I decided in the first place

was to tell Uncle Billy,--he's the man't I live with. So I told him,

an' he said I ought to tell Mrs. Burnham right away. But she wasn't

home when I got to her house, so I started right down here; an' they

was an accident up on the road, an' the train couldn't go no further,

an' so I walked in--I was afraid I wouldn't get here in time 'less

I did."

"Your long walk accounts for your dusty and shoeless condition, I

suppose?"

"Yes, sir; it was pirty dusty an' hot, an' I had to walk a good ways,

an' my shoes hurt me so't I had to take 'em off, an' I didn't have

time to put 'em on again after I got here. Besides," continued the

boy, looking down apologetically at his bruised and dusty feet, "I

hurt my feet a-knockin' 'em against the stones when I was a-runnin',

an' they've got swelled up so 'at I don't believe I could git my shoes

on now, any way."

Many people in the room besides Mrs. Burnham had tears in their eyes

at the conclusion of this simple statement.

Then Ralph grew white about the lips and looked around him uneasily.

The judge saw that the lad was faint, and ordered a tipstaff to bring

him a glass of water. Ralph drank the water and it refreshed him.

"You may cross-examine the witness," said Goodlaw to the plaintiff's

attorney.

Sharpman hardly knew how to begin. But he felt that he must make an

effort to break in some way the force of Ralph's testimony. He knew

that from a strictly legal point of view, the evidence was of little

value, but he feared that the boy's apparent honesty, coupled with his

dramatic entrance, would create an impression on the minds of the jury

which might carry them to a disastrous verdict. He leaned back in his

chair with an assumed calmness, placed the tips of his fingers against

each other, and cast his eyes toward the ceiling.

"Ralph," he said, "you considered up to yesterday that Mr. Craft and I

were acting in your interest in this case, did you not?"

"Yes, sir; I thought so."

"And you have consulted with us and followed our advice until

yesterday, have you not?"

"Yes, sir."

"And last night you came to the conclusion that we were deceiving

you?"

"Yes, sir; I did."

"Have you any reason for this opinion aside from the conversation you

allege that you heard?"

"I don't know as I have."

"At what hour did you reach my office last evening?"

"I don't know, I guess it must 'a' been after eight o'clock."

"Was it dark?"

"It was jest dark."

"Was there a light in the office when you came in?"

"They was in the back room where you an' Rhymin' Joe were."

"Did you think that I knew when you came into the office?"

"I don't believe you did."

"Why did you not make your presence known?"

"Well, I--I--"

"Come, out with it! If you had any reason for playing the spy, let's

hear what it was."

"I didn't play the spy. I didn't think o' bein' mean that way, but

when I heard Rhymin' Joe tell you 'at I wasn't Robert Burnham's son,

I was so s'prised, an' scart-like 'at I couldn't speak."

This was a little more than Sharpman wanted, but he kept on:--

"How long were you under the control of this spirit of muteness?"

"Sir?"

"How long was it before the power to speak returned to you?"

"Oh! not till Rhymin' Joe went out, I guess. I felt so bad I didn't

want to speak to anybody."

"Did you see this person whom you call Rhyming Joe?"

"Only in the dark."

"Not so as to recognize him by sight?"

"No, sir."

"How did you know it was he?"

"By the way he talked."

"How long is it since you have been accustomed to hearing him talk?"

"About three years."

"Did you see me last night?"

"I caught a glimpse of you jest once."

"When?"

"When you went across the room an' gave Rhymin' Joe the money."

Sharpman flushed angrily. He felt that he was treading on dangerous

ground in this line of examination. He went on more cautiously.

"At what time did you leave my office last night?"

"Right after Rhymin' Joe did. I went out to find him."

"Then you went away without letting me know of your presence there,

did you?"

"Yes, sir."

"Did you find this Rhyming Joe?"

"No, sir, I couldn't find 'im."

"Now, Ralph, when you left me at the Scranton station on Saturday

night, did you go straight home?"

"Yes, sir."

"Did you see any one to talk with except Bachelor Billy that night

after you left me?"

"No, sir."

"Where did you go on Sunday morning?"

"Uncle Billy an' me went down to the chapel to meetin'."

"From there where did you go?"

"Back home."

"And had your dinner?"

"Yes, sir."

"What did you do after that?"

"Me an' Uncle Billy went up to the breaker."

"What breaker?"

"Burnham Breaker."

"Why did you go there?"

"Jest for a walk, an' to see how it looked."

"How long did you stay there?"

"Oh, we hadn't been there more'n fifteen or twenty minutes 'fore Mrs.

Burnham's man came for me an' took me to her house."

Sharpman straightened up in his chair. His drag-net had brought up

something at last. It might be of value to him and it might not be.

"Ah!" he said, "so you spent a portion of yesterday afternoon at Mrs.

Burnham's house, did you?"

"Yes, sir, I did."

"How long did you stay there?"

"Oh! I shouldn't wonder if it was two or three hours."

"Did you see Mrs. Burnham alone?"

"Yes, sir."

"Have a long talk together?"

"Yes, sir, a very nice long talk."

Sharpman thought that if he could only lead the jury, by inference,

to the presumption that what had taken place to-day was understood

between Ralph and Mrs. Burnham yesterday it would be a strong point,

but he knew that he must go cautiously.

"She was very kind to you, wasn't she?"

"Yes, sir; she was lovely. I never had so good a time before in all my

life."

"You took dinner with her, I suppose?"

"Yes, sir."

"Have a good dinner?"

"It was splendid."

"Did you eat a good deal?"

"Yes, sir, I think I eat a great deal."

"Had a good many things that were new to you, I presume?"

"Yes, sir, quite a good many."

"Did you think you would like to go there to live?"

"Oh, yes! I did. It's beautiful there, it's very beautiful. You don't

know how lovely it is till you get there. I couldn't help bein' happy

in a home like that, an' they couldn't be no nicer mother'n Mrs.

Burnham is, nor no pirtier little sister. An' everybody was jest as

good to me there! Why, you don't know what a--"

The glow suddenly left the boy's face, and the rapture fled from his

eyes. In the enthusiasm of his description he had forgotten, for the

moment, that it was not all to be his, and when the memory of his loss

came back to him, it was like a plunge into outer darkness. He stopped

so unexpectedly, and in such apparent mental distress that people

stared at him in astonishment, wondering what had happened.

After a moment of silence he spoke again: "But it ain't mine any

longer; I can't have any of it now; I've got no right to go there at

all any more." The sadness in his broken voice was pitiful. Those who

were looking on him saw his under lip tremble and his eyes fill with

tears. But it was only for a moment. Then he drew himself up until

he sat rigidly in his chair, his little hands were tightly clenched,

his lips were set in desperate firmness, every muscle of his face

grew tense and hard with sudden resolution. It was a magnificently

successful effort of the will to hold back almost overpowering

emotion, and to keep both mind and body strong and steady for any

ordeal through which he might have yet to pass.

It came upon those who saw it like an electric flash, and in another

moment the crowded room was ringing with applause.

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