A STEP HIGHER.
He will not wait for chances,
For luck he does not look;
In faith his spirit glances
At Providence, God's book;
And there discerning truly
That right is might at length,
He dares go forward duly
In quietness and strength,
Unflinching and unfearing,
The flatterer of none,
And in good courage wearing,
The honors he has won.
--_M.F. Tupper_.
Ishmael took an early opportunity of speaking to the judge of his
projects. It was one day when they had got through the morning's work
and were seated in the library together, enjoying a desultory chat
before it was time to go to court, that Ishmael said:
"Judge Merlin, I am about to make application to be admitted to practice
at the Washington bar."
The judge looked up in surprise.
"Why, Ishmael, you have not graduated at any law school! You have not
even had one term of instruction at any such school."
"I know that I have not enjoyed such advantages, sir; but I have read
law very diligently for the last three years, and with what memory and
understanding I possess, I have profited by my reading."
"But that is not like a regular course of study at a law school."
"Perhaps not, sir; but in addition to my reading, I have had a
considerable experience while acting as your clerk."
"So you have; and you have profited by all the experience you have
gained while with me. I have seen that; you have acquitted yourself
unusually well, and been of very great service to me; but still I insist
that law-office business and law-book knowledge is not everything; there
is more required to make a good lawyer."
"I know there is, sir; very much more, and I have taken steps to acquire
it. For nearly two years I have regularly attended the sessions of the
courts, both in St. Mary's county and here in the city, and in that time
have learned something of the practice of law," persisted Ishmael.
"All very well, so far as it goes, young man; but it would have been
better if you had graduated at some first-class law school," insisted
the old-fashioned, conservative judge.
"Excuse me, sir, if I venture to differ with you, so far as to say, that
I do not think a degree absolutely necessary to success; or indeed of
much consequence one way or the other," modestly replied Ishmael.
The judge opened his eyes to their widest extent.
"What reason have you for such an opinion as that, Ishmael?" he
inquired.
"Observation, sir. In my attendance upon the sessions of the courts I
have observed some gentlemen of the legal profession who were graduates
of distinguished law schools, but yet made very poor barristers. I have
noticed others who never saw the inside of a law school, but yet made
very able barristers."
"But with all this, you must admit that the great majority of
distinguished lawyers have been graduates of first-class law schools."
"Oh, yes, sir; I admit that. I admit also--for who, in his senses, could
deny them?--the very great advantages of these schools as facilities; I
only contend that they cannot insure success to any law student who has
not talent, industry, perseverance, and a taste for the profession; and
that, to one who has all these elements of success, a diploma from the
schools is not necessary. I think it is the same in every branch of
human usefulness. Look at the science of war. Remember the Revolutionary
times. Were the great generals of that epoch graduates of any military
academy? No, they came from the plow, the workshop, and the counting
house. No doubt it would have been highly advantageous to them had they
been graduates of some first-class military academy; I only say it was
found not to be absolutely necessary to their success as great generals;
and in our later wars, we have not found the graduates of West Point,
who had a great theoretic knowledge of the science of war, more
successful in action than the volunteers, whose only school was actual
practice in the field. And look at our Senate and House of
Representatives, sir; are the most distinguished statesmen there
graduates of colleges? Quite the reverse. I do not wish to be so
irreverent as to disparage schools and colleges, sir, I only wish to be
so just as to exalt talent, industry, and perseverance to their proper
level," said Ishmael warmly.
"Special pleading, my boy," said the judge.
Ishmael blushed, laughed, and replied:
"Yes, sir, I acknowledge that it is very special pleading. I have made
up my mind to be a candidate for admission to the Washington bar; and
having done so, I would like to get your approbation."
"What do you want with my approbation, boy? With or without it, you will
get on."
"But more pleasantly with it, sir," smiled Ishmael.
"Very well, very well; take it then. Go ahead. I wish you success. But
what is the use of telling you to go ahead, when you will go ahead
anyhow, in spite of fate? Or why should I wish you success, when I know
you will command success? Ah, Ishmael, you can do without me; but how
shall I ever be able to do without you?" inquired the judge, with an odd
expression between a smile and a sigh.
"My friend and patron, I must be admitted to practice at the Washington
bar; but I will not upon that account leave your service while I can be
of use to you," said Ishmael, with earnestness; for next to adoring
Claudia, he loved best for her sake to honor her father.
"That's a good lad. Be sure you keep your promise," said the judge,
smiling, and laying his hand caressingly on Ishmael's head.
And then as it was time for the judge to go to the Supreme Court, he
arose and departed, leaving Ishmael to write out a number of legal
documents.
Ishmael lost no time in carrying his resolution into effect. He passed a
very successful examination and was duly admitted to practice in the
Washington courts of law.
A few evenings after this, as Ishmael was still busy in the little
library, trying to finish a certain task before the last beams of the
sun had faded away, the judge entered, smiling, holding in his hand a
formidable-looking document and a handful of gold coin.
"There, Ishmael," he said, laying the document and the gold on the table
before the young man; "there is your first brief and your first fee! Let
me tell you it is a very unusual windfall for an unfledged lawyer like
you."
"I suppose I owe this to yourself, sir," said Ishmael.
"You owe it to your own merits, my lad! I will tell you all about it.
To-day I met in the court an old acquaintance of mine--Mr. Ralph Walsh.
He has been separated from his wife for some time past, living in the
South; but he has recently returned to the city, and has sought a
reconciliation with her, which, for some reason or other, she has
refused. He next tried to get possession of their children, in order to
coerce her through her affection for them; but she suspected his design
and frustrated it by removing the children to a place of secrecy. All
this Walsh told me this morning in the court, where he had come to get
the habeas corpus served upon the woman ordering her to produce the
children in court. It will be granted, of course, and he will sue for
the possession of the children, and his wife will contest the suit; she
will contest it in vain, of course, for the law always gives the father
possession of the children, unless he is morally, mentally, or
physically incapable of taking care of them--which is not the case with
Walsh; he is sound in mind, body, and reputation; there is nothing to be
said against him in either respect."
"What, then, divided him from his family?" inquired Ishmael doubtfully.
"Oh, I don't know; he had a wandering turn of mind, and loved to travel
a great deal; he has been all over the civilized and uncivilized world,
too, I believe."
"And what did she do, in the meantime?" inquired Ishmael, still more
doubtfully.
"She? Oh, she kept a little day-school."
"What, was that necessary?"
"I suppose so, else she would not have kept it."
"But did not he contribute to the support of the family?"
"I--don't know; I fear not."
"There was nothing against the wife's character?"
"Not a breath! How should there be, when she keeps a respectable school?
And when he himself wishes, in getting possession of the children, only
to compel her through her love for them to come to him."
"Seething the kid in its mother's milk, or something quite as cruel,"
murmured Ishmael to himself.
The judge, who did not know what he was muttering to himself, continued:
"Well, there is the case, as Walsh delivered it to me. If there is
anything else of importance connected with the case, you will doubtless
find it in the brief. He actually offered the brief to me at first. He
has been so long away that he did not know my present position, and that
I had long since ceased to practice. So when he met me in the courtroom
to-day he greeted me as an old friend, told me his business at the
court, said that he considered the meeting providential, and offered me
his brief. I explained to him the impossibility of my taking it, and
then he begged me to recommend some lawyer. I named you to him without
hesitation, giving you what I considered only your just meed of praise.
He immediately asked me to take charge of the brief and the retaining
fee, and offer both to you in his name, and say to you that he should
call early to-morrow morning to consult with you."
"I am very grateful to you, Judge Merlin, for your kind interest in my
welfare," said Ishmael warmly.
"Not at all, my lad; for I owe you much, Ishmael. You have been an
invaluable assistant to me. Doing a great deal more for me than the
letter of your duty required."
"I do not think so, sir; but I am very glad to have your approbation."
"Thank you, boy; but now, Ishmael, to business. You cannot do better
than to take this brief. It is the very neatest little case that ever a
lawyer had; all the plain law on your side; a dash of the sentimental,
too, in the injured father's affection for the children that have been
torn from him, the injured husband for the wife that repudiates him. Now
you are good at law, but you are great at sentiment, Ishmael, and
between having law on your side and sentiment at your tongue's end, you
will be sure to succeed and come off with flying colors. And such
success in his first case is of the utmost importance to a young lawyer.
It is in fact the making of his fortune. You will have a shower of
briefs follow this success."
"I do not know that I shall take the brief, sir," said Ishmael
thoughtfully.
"Not take the brief? Are you mad? Who ever heard of a young lawyer
refusing to take such a brief as that?--accompanied by such a retaining
fee as that?--the brief the neatest and safest little case that ever
came before a court! the retaining fee a hundred dollars! and no doubt
he will hand you double that sum when you get your decision--for
whatever his fortune has been in times past, he is rich now, this
Walsh!" said the judge vehemently.
"Who is the counsel for the other side?" asked Ishmael.
"Ha, ha, ha! there's where the shoe hurts, is it? there's where the pony
halts? that's what's the matter? You are afraid of encountering some of
the great guns of the law, are you? Don't be alarmed. The schoolmistress
is too poor to pay for distinguished legal talent. She may get some
briefless pettifogger to appear for her; a man set up for you to knock
down. Your case is just what the first case of a young lawyer should
be--plain sailing, law distinctly on your side, dash of sentiment,
domestic affections, and all that, and certain success at the end. Your
victory will be as easy as it will be complete."
"Poor thing!" murmured Ishmael; "too poor to employ talent for the
defense of her possession of her own children!"
"Come, my lad; pocket your fee and take up your brief," said the judge.
"I would rather not, sir; I do not like to appear against a woman--a
mother defending her right in her own children. It appears to me to be
cruel to wish to deprive her of them," said the gentle-spirited young
lawyer.
"Cruel; it is merciful rather. No one wishes really to deprive her of
them, but to give them to their father, that she may be drawn through
her love for them to live with him."
"No woman should be so coerced, sir; no man should wish her to be."
"But I tell you it is for her good to be reunited to her husband."
"Her own heart, taught by her own instincts and experiences, is the best
judge of that."
"Ishmael don't be Quixotic: if you do, you will never succeed in the
legal profession. In this case the law is on the father's side, and you
should be on the law's."
"The law is the minister of justice, and shall never in my hands become
the accomplice of injustice. The law may be on the father's side; but
that remains to be proved when both sides shall be heard; but it appears
to me that justice and mercy are on the mother's side."
"That remains to be proved. Come, boy, don't be so mad as to refuse this
golden opening to fame and fortune! Pocket your fee and take up your
brief."
"Judge Merlin, I thank you from the depths of my heart for your great
goodness in procuring this chance for me; and I beg that you will pardon
me for what I am about to say--but I cannot touch either fee or brief.
The case is a case of cruelty, sir, and I cannot have anything to do
with it. I cannot make my debut in a court of law against a poor
woman,--a poor mother,--to tear from her the babes she is clasping to
her bosom."
"Ishmael, if those are the sentiments and principles under which you
mean to act, you will never attain the fame to which your talents might
otherwise lead you--never!"
"No, never," said Ishmael fervently; "never, if to reach it I have to
step upon a woman's heart! No! by the sacred grave of my own dear
mother, I never will!" And the face of Nora's son glowed with an
earnest, fervent, holy love.
"Be a poet, Ishmael, you will never be a lawyer."
"Never--if to be a lawyer I have to cease to be a man! But it is as God
wills."
The ringing of the tea-bell broke up the conference, and they went down
into the parlor, where, beside the family, they found Viscount Vincent.
And Ishmael Worth, the weaver's son, had the honor of sitting down to
tea with a live lord.
The viscount spent the evening, and retired late.
As Ishmael bade the family good-night, the judge said:
"My young friend, consult your pillow. I always do, when I can, before
making any important decision. Think over the matter well, my lad, and
defer your final decision about the brief until you see Walsh
to-morrow."
"You are very kind to me, sir. I will follow your advice, as far as I
may do so," replied Ishmael.
That night, lying upon his bed, Ishmael's soul was assailed with
temptation. He knew that in accepting the brief offered to him, in such
flattering terms, he should in the first place very much please his
friend, Judge Merlin--who, though he did not give his young assistant
anything like a fair salary for his services, yet took almost a fatherly
interest in his welfare; he knew also, in the second place, that he
might--nay, would--open his way to a speedy success and a brilliant
professional career, which would, in a reasonable space of time, place
him in a position even to aspire to the hand of Claudia Merlin. Oh, most
beautiful of temptations that! To refuse the brief, he knew, would be to
displease Judge Merlin, and to defer his own professional success for an
indefinite length of time.
All night long Ishmael struggled with the tempter. In the morning he
arose from his sleepless pillow unrefreshed and fevered. He bathed his
burning head, made his morning toilet, and sat down to read a portion of
the Scripture, as was his morning custom, before beginning the business
of the day. The portion selected this morning was the fourth chapter of
Matthew, describing the fast and the temptation of our Saviour. Ishmael
had read this portion of Scripture many times before, but never with
such deep interest as now, when it seemed to answer so well his own
spirit's need. With the deepest reverence he read the words:
"When he had fasted forty days and forty nights, he was afterwards an
hungered.
"The devil taketh him up into an exceeding high mountain, and showeth
him all the kingdoms of the world and the glory of them;
"And saith unto him, All these things will I give thee if thou wilt fall
down and worship me.
"Then saith Jesus unto him, Get thee hence, Satan: for it is written,
Thou shalt worship the Lord thy God, and him only shalt thou serve.
"Then the devil leaveth him, and behold, angels came and ministered unto
him."
Ishmael closed the book and bowed his head in serious thought.
"Yes," he said to himself; "I suppose it must be so. The servant is not
greater than the Master. He was tempted in the very opening of his
ministry; and I suppose every follower of him must be tempted in like
manner in the beginning of his life. I, also, here in the commencement
of my professional career, am subjected to a great temptation, that must
decide, once for all, whether I will serve God or Satan! I, too, have
had a long, long fast--a fast from all the pleasant things of this
world, and I am an hungered--ah, very much hungered for some joys! I,
too, am offered success and honor and glory if I will but fall down and
worship Satan in the form of the golden fee and the cruel brief held out
to me. But I will not. Oh, Heaven helping me, I will be true to my
highest convictions of duty! Yes--come weal or come woe, I will be true
to God. I will be a faithful steward of the talents he has intrusted to
me."
And with this resolution in his heart Ishmael went down into the library
and commenced his usual morning's work of answering letters and writing
out law documents. He found an unusual number of letters to write, and
they occupied him until the breakfast bell rang.
After breakfast Ishmael returned to the library and resumed his work,
and was busily engaged in engrossing a deed of conveyance when the door
opened and Judge Merlin entered accompanied by a tall, dark-haired,
handsome, and rather prepossessing-looking man, of about fifty years of
age, whom he introduced as Mr. Walsh.
Ishmael arose to receive the visitor, and offer him a chair, which he
took.
The judge declined the seat Ishmael placed for him, and said:
"No, I will leave you with your client, Ishmael, that he may explain his
business at full length. I have an engagement at the State Department,
and I will go to keep it."
And the judge bowed and left the room.
As soon as they were left alone Mr. Walsh began to explain his business,
first saying that he presumed Judge Merlin had handed him the retaining
fee and the brief.
"Yes; you will find both there on the table beside you, untouched,"
answered Ishmael gravely.
"Ah, you have not had time yet to look at the brief. No matter; we can
go over it together," said Mr. Walsh, taking up the document in
question, and beginning to unfold it.
"I beg you will excuse me, sir; I would rather not look at the brief, as
I cannot take the case," said Ishmael.
"You cannot take the case? Why, I understood from Judge Merlin that your
time was not quite filled up; that you were not overwhelmed with cases,
and that you could very well find time to conduct mine. Can you not do
so?"
"It is not a question of time or the pressure of business. I have an
abundance of the first and very little of the last. In fact, sir, I have
been but very recently admitted to the bar, and have not yet been
favored with a single case; I am as yet a briefless lawyer."
"Not briefless if you take my brief; for the judge speaks in the highest
terms of your talents; and I know that a young barrister always bestows
great care upon his first case," said Mr. Walsh pleasantly.
"Pray excuse me, sir; but I decline the case."
"But upon what ground?"
"Upon the ground of principle, sir. I cannot array myself against a
mother who is defending her right to the possession of her own babes,"
said Ishmael gravely.
"Oh, I see! chivalric! Well, that is very becoming in a young man. But,
bless you, my dear sir, you are mistaken in your premises. I do not
really wish to part the mother and children. If you will give me your
attention, I will explain--" began the would-be client.
"I beg that you will not, sir; excuse me, I pray you; but as I really
cannot take the case, I ought not to hear your statement."
"Oh, nonsense, my young friend! I know what is the matter with you; but
when you have heard my statement, you will accept my brief," said Walsh
pleasantly, for, according to a well-known principle in human nature, he
grew anxious to secure the services of the young barrister just in
proportion to the difficulty of getting them.
And so, notwithstanding the courteous remonstrances of Ishmael, he
commenced and told his story.
It was the story of an egotist so intensely egotistical as to be quite
unconscious of his egotism; forever thinking of himself--forever
oblivious of others except as they ministered to his self-interest;
filled up to the lips with the feeling of his rights and privileges; but
entirely empty of any notion of his duties and responsibilities. With
him it was always "I," "mine," "me"; never "we," "ours," "us."
Ishmael listened under protest to this story that was forced upon his
unwilling ears. At its end, when the narrator was waiting to see what
impression he had made upon his young hearer, and what comment the
latter would make, Ishmael calmly arose, took the brief from the table
and put it into the hands of Mr. Walsh, saying, with a dignity--aye,
even a majesty of mien rarely found in so young a man:
"Take your brief, sir; nothing on earth could induce me to touch it!"
"What! not after the full explanation I have given you?" exclaimed the
man in naïve surprise.
"If I had entertained a single doubt about the propriety of refusing
your brief before hearing your explanation, that doubt would have been
set at rest after hearing it," said the young barrister sternly.
"What do you mean, sir?" questioned the other, bristling up.
"I mean that the case, even by your own plausible showing, is one of the
greatest cruelty and injustice," replied Ishmael firmly.
"Cruelty and injustice!" exclaimed Mr. Walsh, in even more astonishment
than anger. "Why, what the deuce do you mean by that? The woman is my
wife! the children are my own children! And I have a lawful right to the
possession of them. I wonder what the deuce you mean by cruelty and
injustice!"
"By your own account, you left your wife nine years ago without
provocation, and without making the slightest provision for herself and
her children; you totally neglected them from that time to this; leaving
her to struggle alone and unaided through all the privations and perils
of such an unnatural position; during all these years she has worked for
the support and education of her children; and now, at last, when it
suits you to live with her again, you come back, and finding that you
have irrecoverably lost her confidence and estranged her affections, you
would call in the aid of the law to tear her children from her arms, and
coerce her, through her love for them, to become your slave and victim
again. Sir, sir, I am amazed that any man of--I will not say honor or
honesty, but common sense and prudence--should dare to think of throwing
such a case as that into court," said Ishmael earnestly.
"What do you mean by that, sir? Your language is inadmissible, sir! The
law is on my side, however!"
"If the law were on your side, the law ought to be remodeled without
delay; but if you venture to go to trial with such a case as this, you
will find the law is not on your side. You have forfeited all right to
interfere with Mrs. Walsh, or her children; and I would earnestly advise
you to avoid meeting her in court."
"Your language is insulting, sir! Judge Merlin held a different opinion
from yours of this case!" exclaimed Mr. Walsh, with excitement.
"Judge Merlin could not have understood the merits of the case. But it
is quite useless to prolong this interview, sir; I have an engagement at
ten o'clock and must wish you good-morning," said Ishmael, rising and
ringing the bell, and then drawing on his gloves.
Jim answered the summons and entered the room.
"Attend this gentleman to the front door," said Ishmael, taking up his
own hat as if to follow the visitor from the room.
"Mr. Worth, you have insulted me, sir!" exclaimed Walsh excitedly, as he
arose and snatched up his money and his brief.
"I hope I am incapable of insulting any man, sir. You forced upon me a
statement that I was unwilling to receive; you asked my opinion upon it
and I gave it to you," replied Ishmael.
"I will have satisfaction, sir!" exclaimed Walsh, clapping his hat upon
his head and marching to the door.
"Any satisfaction that I can conscientiously afford you shall be
heartily at your service, Mr. Walsh," said Ishmael, raising his hat and
bowing courteously at the retreating figure of the angry visitor.
When he was quite gone Ishmael took up his parcels of letters and
documents and went out. He went first to the post office to mail his
letters, and then went to the City Hall, where the Circuit Court was
sitting.
As Ishmael walked on towards the City Hall he thought over the dark
story he had just heard. He knew very well that, according to the custom
of human nature, the man, however truthful in intention, had put the
story in its fairest light; and yet how dark, with sin on one side and
sorrow on the other, it looked! And if it looked so dark from his fair
showing, how much darker it must look from the other point of view! A
deep pity for the woman took possession of his heart; an earnest wish to
help her inspired his mind. He thought of his own young mother, whom he
had never seen, yet always loved.
And he resolved to assist this poor mother, who had no money to pay
counsel to help her defend her children, because it took every cent she
could earn to feed and clothe them.
"Yes, the cause of the oppressed is the cause of God! And I will offer
the fruits of my professional labors to him," said Nora's son, as he
reached the City Hall.
Ishmael was not one to wait for a "favorable opportunity." Few
opportunities ever came to him except in the shape of temptations, which
he resisted. He made his opportunities. So when the business that
brought him to the courtroom was completed, he turned his steps towards
Capitol Hill. For he had learned from the statements of Judge Merlin and
Mr. Walsh that it was there the poor mother kept her little day-school.
After some inquiries, he succeeded in finding the schoolhouse--a little
white frame building, with a front and back door and four windows, two
on each side, in a little yard at the corner of the street. Ishmael
opened the gate and rapped at the door. It was opened by a little girl,
who civilly invited him to enter.
A little school of about a dozen small girls, of the middle class in
society, seated on forms ranged in exact order on each side the narrow
aisle that led up to the teacher's desk. Seated behind that desk was a
little, thin, dark-haired woman, dressed in a black alpaca and white
collar and cuffs. At the entrance of Ishmael she glanced up with large,
scared-looking black eyes that seemed to fear in every stranger to see
an enemy or peril. As Ishmael advanced towards her those wild eyes grew
wilder with terror, her cheeks blanched to a deadly whiteness, and she
clasped her hands and she trembled.
"Poor hunted hare! she fears even in me a foe!" thought Ishmael, as he
walked up to the desk. She arose and leaned over the desk, looking at
him eagerly and inquiringly with those frightened eyes.
And now for the first time Ishmael felt a sense of embarrassment. A
generous, youthful impulse to help the oppressed had hurried him to her
presence; but what should he say to her? how apologize for his
unsolicited visit? how venture, unauthorized, to intermeddle with her
business?
He bowed and laid his card before her.
She snatched it up and read it eagerly.
ISHMAEL WORTH,
_Attorney-at-Law_.
"Ah! you--I have been expecting this. You come from my--I mean Mr.
Walsh?" she inquired, palpitating with panic.
"No, madam," said Ishmael, in a sweet, reassured, and reassuring tone,
for compassion for her had restored confidence to him. "No, madam, I
am not the counsel of Mr. Walsh."
"You--you come from court, then? Perhaps you are going to have the
writ of habeas corpus, with which I have been threatened, served upon
me? You need not! I won't give up my children--they are my own! I
won't for twenty writs of habeas corpus," she exclaimed excitedly.
"But, madam--" began Ishmael soothingly.
"Hush! I know what you are going to say; you needn't say it! You are
going to tell me that a writ of habeas corpus is the most powerful
engine the law can bring to bear upon me! that to resist it would be
flagrant contempt of court, subjecting me to fine and imprisonment! I
do not care! I do not care! I have contempt, a very profound contempt,
for any court, or any law, that would try to wrest from a Christian
mother the children that she has borne, fed, clothed, and educated all
herself, and give them to a man who has totally neglected them all
their lives. Nature is hard enough upon woman, the Lord knows! giving
her a weaker frame and a heavier burden than is allotted to man! but
the law is harder still--taking from her the sacred rights with which
nature in compensation has invested her! But I will not yield mine!
There! Do your worst! Serve your writ of habeas corpus! I will resist
it! I will not give up my own children! I will not bring them into
court! I will not tell you where they are! They are in a place of
safety, thank God! and as for me--fine, imprison, torture me as much
as you like, you will find me rock!" she exclaimed, with her eyes
flashing and all her little dark figure bristling with terror and
resistance, for all the world like a poor little frightened kitten
spluttering defiance at a big dog!
Ishmael did not interrupt her; he let her go on with her wild talk; he
had been too long used to poor Hannah's excitable nerves not to have
learned patience with women.
"Yes, you will find me rock--rock!" she repeated; and to prove how
much of a rock she was, the poor little creature dropped her head upon
the desk, burst into tears, and sobbed hysterically.
Ishmael's experience taught him to let her sob on until her fit of
passion had exhausted itself.
Meanwhile one or two of the most sensitive little girls, seeing their
teacher weep, fell to crying for company; others whispered among
themselves; and others, again, looked belligerent.
"Go tell him to go away, Mary," said the little one.
"I don't like to; you go, Ellen," said another.
"I'm afraid."
"Oh! you scary things! I'll go myself," said a third; and, rising,
this little one came to the rescue, and standing up firmly before the
intruder said:
"What do you come here for, making our teacher cry? Go home this
minute; if you don't I'll run right across the street and fetch my
father from the shop to you! he's as big as you are!"
Ishmael turned his beautiful eyes upon this little champion of six
summers, and smiling upon her, said gently:
"I did not come here to make anybody cry, my dear; I came to do your
teacher a service."
The child met his glance with a searching look, such as only babes can
give, and turned and went back and reported to her companions.
"He's good; he won't hurt anybody."
Mrs. Walsh having sobbed herself into quietness, wiped her eyes,
looked up and said:
"Well, sir, why don't you proceed with your business? Why don't you
serve your writ?"
"My dear madam, it is not my business to serve writs. And if it was I
have none to serve," said Ishmael very gently.
She looked at him in doubt.
"You have mistaken my errand here, madam. I am not retained on the
other side; I have nothing whatever to do with the other side. I have
heard your story; my sympathies are with you; and I have come here to
offer you my professional services," said Ishmael gravely.
She looked at him earnestly, as if she would read his soul. The woman
of thirty was not so quick at reading character as the little child of
six had been.
"Have you counsel?" inquired Ishmael.
"Counsel? No! Where should I get it?"
"Will you accept me as counsel? I came here to offer you
my services."
"I tell you I have no means, sir."
"I do not want any remuneration in your case; I wish to
serve you, for your own sake and for God's; something we must
do for God's sake and for our fellow creatures'. I wish to be
your counsel in the approaching trial. I think, with the favor
of Divine Providence, I can bring your case to a successful
issue and secure you in the peaceful possession of your children."
"Do you think so? Oh! do you think so?" she inquired eagerly, warmly.
"I really do. I think so, even from the showing of the other side,
who, of course, put the fairest face upon their own cause."
"And will you? Oh! will you?"
"With the help of Heaven, I will."
"Oh, surely Heaven has sent you to my aid."
At this moment the little school clock struck out sharply the hour of
noon.
"It is the children's recess," said the teacher. "Lay aside your
books, dears, and leave the room quietly and in good order."
The children took their hoods and cloaks from the pegs on which they
hung and went out one by one--each child turning to make her little
courtesy before passing the door. Thus all went out but two little
sisters, who living at a distance had brought their luncheon, which
they now took to the open front door, where they sat on the steps in
the pleasant winter sunshine to eat.
The teacher turned to her young visitor.
"Will you sit down? And ah! will you pardon me for the rude reception
I gave you?"
"Pray do not think of it. It was so natural that I have not given it a
thought," said Ishmael gently.
"It is not my disposition to do so; but I have suffered so much; I
have been goaded nearly to desperation."
"I see that, madam; you are exceedingly nervous."
"Nervous! why, women have been driven to madness and death with less
cause than I have had!"
"Do not think of your troubles in that manner, madam; do not excite
yourself, compose yourself, rather. Believe me, it is of the utmost
importance to your success that you should exhibit coolness and
self-possession."
"Oh, but I have had so much sorrow for so many years!"
"Then in the very nature of things your sorrows must soon be over.
Nothing lasts long in this world. But you have had a recent
bereavement," said Ishmael gently, and glancing at her black dress;
for he thought it was better that she should think of her chastening
from the hands of God rather than her wrongs from those of men. But to
his surprise, the woman smiled faintly as she also glanced at her
dress, and replied:
"Oh, no! I have lost no friend by death since the decease of my
parents years ago, far back in my childhood. No, I am not wearing
mourning for anyone. I wear this black alpaca because it is cheap and
decent and protective."
"Protective?"
"Ah, yes! no one knows how protective the black dress is to a woman,
better than I do! There are few who would venture to treat with levity
or disrespect a quiet woman in a black dress. And so I, who have no
father, brother, or husband to protect me, take a shelter under a
black alpaca. It repels dirt, too, as well as disrespect. It is clean
as well as safe, and that is a great desideratum to a poor
schoolmistress," she said, smiling with an almost childlike candor.
"I am glad to see you smile again; and now, shall we go to business?"
said Ishmael.
"Oh, yes, thank you."
"I must ask you to be perfectly candid with me; it is necessary."
"Oh, yes, I know it is, and I will be so; for I can trust you, now."
"Tell me, then, as clearly, as fully, and as calmly as you can, the
circumstances of your case."
"I will try to do so," said the woman.
It is useless to repeat her story here. It was only the same old
story--of the young girl of fortune marrying a spendthrift, who
dissipated her property, estranged her friends, alienated her
affections, and then left her penniless, to struggle alone with all
the ills of poverty to bring up her three little girls. By her own
unaided efforts she had fed, clothed, and educated her three children
for the last nine years. And now he had come back and wanted her to
live with him again. But she had not only ceased to love him, but
began to dread him, lest he should get into debt and make way with the
little personal property she had gathered by years of labor,
frugality, self-denial.
"He says that he is wealthy, how is that?" questioned Ishmael.
A spasm of pain passed over her sensitive face.
"I did not like to tell you, although I promised to be candid with
you; but ah! I cannot benefit by his wealth; I could not
conscientiously appropriate one dollar; and even if I could do so, I
could not trust in its continuance; the money is ill-gotten and
evanescent; it is the money of a gambler, who is a prince one hour and
a pauper the next."
Then seeing Ishmael shrink back in painful surprise, she added:
"To do him justice, Mr. Worth, that is his only vice; it has ruined my
little family; it has brought us to the very verge of beggary; it must
not be permitted to do so again; I must defend my little home and
little girls, against the spoiler."
"Certainly," said Ishmael, whose time was growing short; "give me pen
and ink; I will take down minutes of the statement, and then read it
to you, to see if it is correct."
She placed stationery before him on one of the school-desks, and he
sat down and went to work.
"You have witnesses to support your statement?" he inquired.
"Oh, yes! scores of them, if wanted."
"Give me the names of the most important and the facts they can swear
to."
Mrs. Walsh complied, and he took them down. When he had finished and
read over the brief to her, and received her assurance that it was
correct, he arose to take his leave.
"But--will not all those witnesses cost a great deal of money? And
will not there be other heavy expenses apart from the services of
counsel that you are so good as to give me?" inquired the teacher
anxiously.
"Not for you," replied Ishmael, in a soothing voice, as he shook hands
with her, and, with the promise to see her again at the same hour the
next day, took his leave.
He smiled upon the little sisters as he passed them in the doorway,
and then left the schoolhouse and hurried on towards home.
"Well!" said Judge Merlin, who was waiting for him in the library,
"have you decided? Are you counsel for the plaintiff in the great suit
of Walsh versus Walsh?"
"No," answered Ishmael, "I am retained for the defendant. I have just
had a consultation with my client."
"Great Jove!" exclaimed the judge, in unbounded astonishment. "It was
raving madness in you to refuse the plaintiff's brief; but to accept
the defendant's--"
"I did not only accept it--I went and asked for it," said Ishmael,
smiling.
"Mad! mad! You will lose your first case; and that will throw back
your success for years!"
"I hope not, sir. 'Thrice is he armed who hath his quarrel just,'"
smiled Ishmael.
At the luncheon table that day the judge told the story of Ishmael's
quixotism, as he called it, in refusing the brief and the thumping fee
of the plaintiff, who had the law all on his side; and whom his
counsel would be sure to bring through victoriously; and taking in
hand the course of the defendant, who had no money to pay her counsel,
no law on her side, and who was bound to be defeated.
"But she has justice and mercy on her side; and it shall go hard but I
prove the law on her side, too."
"A forlorn hope, Ishmael, a forlorn hope!" said Mr. Middleton.
"Forlorn hopes are always led by heroes, papa," said Bee.
"And fools!" blurted out Judge Merlin.
Ishmael did not take offense, he knew all that was said was well
meant; the judge talked to him with the plainness of a parent; and
Ishmael rather enjoyed being affectionately blown up by Claudia's
father.
Miss Merlin now looked up, and condescended to say:
"I am very sorry, Ishmael, that you refused the rich client; he might
have been the making of you."
"The making of Ishmael. With the blessing of Heaven, he will make
himself! I am very glad he refused the oppressor's gold!" exclaimed
Bee, before Ishmael could reply.
When Bee ceased to speak, he said:
"I am very sorry, Miss Merlin, to oppose your sentiments in any
instance, but in this I could not do otherwise."
"It is simply a question of right or wrong. If the man's cause was
bad, Ishmael was right to refuse his brief; if the woman's cause was
good, he was right to take her brief," said Mrs. Middleton, as they
all arose from the table.
That evening Ishmael found himself by chance alone in the drawing room
with Bee.
He was standing before the front window, gazing sadly into vacancy.
The carriage, containing Miss Merlin, Lord Vincent, and Mrs. Middleton
as chaperone, had just rolled away from the door. They were going to a
dinner party at the President's. And Ishmael was gazing sadly after
them, when Bee came up to his side and spoke:
"I am very glad, Ishmael, that you have taken sides with the poor
mother; it was well done."
"Thank you, dear Bee! I hope it was well done; I do not regret doing
it; but they say that I have ruined my prospects."
"Do not believe it, Ishmael. Have more faith in the triumph of right
against overwhelming odds. I like the lines you quoted--' Thrice is he
armed who feels his quarrel just!' The poets teach us a great deal,
Ishmael. Only to-day I happened to be reading in Scott--in one of his
novels, by the way, this was, however--of the deadly encounter in the
lists between the Champion of the Wrong, the terrible knight Brian de
Bois Guilbert, and the Champion of Right, the gentle knight Ivanhoe.
Do you remember, Ishmael, how Ivanhoe arose from his bed of illness,
pale, feeble, reeling, scarcely able to bear the weight of his armor,
or to sit his horse, much less encounter such a thunderbolt of war as
Bois Guilbert? There seemed not a hope in the world for Ivanhoe. Yet,
in the first encounter of the knights, it was the terrible Bois
Guilbert that rolled in the dust. Might is not right; but right is
might, Ishmael!"
"I know it, dear Bee; thank you, thank you, for making me feel it
also!" said Ishmael fervently.
"The alternative presented to you last night and this morning was sent
as a trial, Ishmael; such a trial as I think every man must encounter
once in his life, as a decisive test of his spirit. Even our Saviour
was tempted, offered all the kingdoms of this world, and the glory of
them, if he would fall down and worship Satan. But he rebuked the
tempter and the Devil fled from him."
"And angels came and ministered to him," said Ishmael, in a voice of
ineffable tenderness, as the tears filled his eyes and he approached
his arm toward Bee. His impulse was to draw her to his bosom and press
a kiss on her brow--as a brother's embrace of a loved sister; but
Ishmael's nature was as refined and delicate as it was fervent and
earnest; and he abstained from this caress; he said instead:
"You are my guardian angel, Bee. I have felt it long, little sister;
you never fail in a crisis!"
"And while I live I never will, Ishmael. You will not need man's help,
for you will help yourself, but what woman may do to aid and comfort,
that will I do for you, my brother,"
"What a heavenly spirit is yours, Bee," said Ishmael fervently.
"And now let us talk of business, please," said practical little Bee,
who never indulged in sentiment long. "That poor mother! You give her
your services--gratuitously of course?"
"Certainly," said Ishmael.
"But, apart from her counsel's fee, will she not have other expenses
to meet in conducting this suit?"
"Yes."
"How will she meet them?"
"Bee, dear, I have saved a little money; I mean to use it in her
service."
"What!" exclaimed the young girl; "do you mean to give her your
professional aid and pay all her expenses besides?"
"Yes," said Ishmael, "as far as the money will go. I do this, dear
Bee, as a 'thank offering' to the Lord for all the success he has
given me, up to this time. When I think of the days of my childhood in
that poor Hill hut, and compare them to these days, I am deeply
impressed by the mercy he has shown me; and I think that I can never
do enough to show my gratitude. I consider it the right and proper
thing to offer the first fruits of my professional life to him,
through his suffering children."
"You are right, Ishmael, for God has blessed your earnest efforts, as,
indeed, he would bless those of anyone so conscientious and
persevering as yourself. But, Ishmael, will you have money enough to
carry on the suit?"
"I hope so, Bee; I do not know."
"Here, then, Ishmael, take this little roll of notes; it is a hundred
dollars; use it for the woman," she said, putting in his hand a small
parcel.
Ishmael hesitated a moment; but Bee hastened to reassure him by
saying:
"You had as well take it as not, Ishmael. I can very well spare it, or
twice as much. Papa makes me a much larger allowance than one of my
simple tastes can spend. And I should like," she added, smiling, "to
go partners with you in this enterprise."
"I thank you, dear Bee; and I will take your generous donation and use
it, if necessary. It may not be necessary," said Ishmael.
"And now I must leave you, Ishmael, and go to little Lu; she is not
well this evening." And the little Madonna-like maiden glided like a
spirit from the room.
The next morning Ishmael went to see his client. He showed her the
absolute necessity of submission to the writ of habeas corpus; he
promised to use his utmost skill in her case; urged her to trust the
result with her Heavenly Father; and encouraged her to hope for
success.
She followed Ishmael's advice; she promised to obey the order, adding:
"It will be on Wednesday in Easter week. That will be fortunate, as
the school will have a holiday, and I shall be able to attend without
neglecting the work that brings us bread."
"Are the children far away? Can you get them without inconvenience in
so short a time?" inquired Ishmael.
"Oh, yes; they are in the country, with a good honest couple named
Gray, who were here on the Christmas holidays, and boarded with my
aunt, who keeps the Farmer's Rest, near the Center Market. My aunt
recommended them to me, and when I saw the man I felt as if I could
have trusted uncounted gold with him--he looked so true! He and his
wife took my three little girls home with them, and would not take a
cent of pay; and they have kept my secret religiously."
"They have indeed!" said Ishmael, in astonishment; "for they are my
near relatives and never even told me."