with a determined air.
"Yes, when I've delivered him to the justice, as the summons says, an'
not before; so don't git red in the face or meddle," the constable
answered, facing Uncle Job and straightening up.
"The summons! What summons? There is some mistake, man! No one has
issued a summons for him, for we haven't been here five minutes."
"You've another guess, my friend. I only know what I know, an' as the
fee is small I'm not 'tending night-school to increase my learnin'. So
stand back an' don't interfere," the constable answered, good-naturedly,
but as one in the right.
"What reason is there for issuing the summons? Surely you must know
that?" Uncle Job asked, bewildered.
"I don't know what he's done, nor why; but mebbe Pickle there can tell
you. He knows everything," Blott answered, nodding toward the little
man in gray, who now stepped forward and spoke up with great show of
authority.
"The lad is a runaway, and is to be taken back to his home; and the
justice's summons is to secure that and nothing more."
"No justice has any authority to meddle with him," exclaimed Uncle Job,
angrily. "Moreover, what interest have you in the matter?"
"As to the right of the justice to meddle, that is a matter for him to
determine, having possession of the boy. For myself, sir, I am a
lawyer, and come here at the instance of my client to regain possession
of her ward."
"Oh, rot!" Uncle Job exclaimed, in great wrath. "No one has a right to
make any such claim. But come, officer, we are losing time, and nothing
will come of standing here wrangling. Take us to the justice, so that
the matter can be explained and the lad released."
"Fall in, then, for the justice's order is to bring the lad straight to
him. Come now, young man, no more slippin' out of your clothes, but be
good"; and with this admonition he turned about and led the way toward
the town, the others following.
As we went forward, Mr. Lincoln, who had looked on without remark,
unable, it was apparent, to comprehend the reason of my arrest, asked
Uncle Job the meaning of it all. Upon this the latter explained how it
was, giving him such account of his dispute with Aunt Jane as he thought
necessary, but more particularly how she, an austere maiden lady of
fifty, and of questionable gentleness of heart, sought to become my
guardian whether or no. This strangely enough, he thought, for she had
never been friendly to my mother, and, indeed, was thought not to have
been well inclined toward my father at the last. Nor had she my love or
respect, for that matter. For these reasons, Uncle Job went on, he had
opposed her wishes, and was determined to do so to the end. To all this
Mr. Lincoln made no reply, and when Uncle Job had finished, continued on
in silence, as if summing up the case, pro and con, as a judge might do
on the bench.
The town of Quincy at the time of which I speak was one of many small
places that had sprung up on the banks of the Mississippi about the time
of the Black Hawk war. Most of these exist to-day as attractive cities,
but others not so wisely located have long since been abandoned, many of
them being lost even to memory. New and unkempt, the houses of the
little city were scattered here and there, as if placed by blind men or
spilled off a tray in some unaccountable way. Such, however, is the
beginning of all cities, their dignity coming later, with pride and
prosperity, as in the case of men. Most of the stores and warehouses of
the town, and there were not many, were grouped about the public square
near the center of the village, and in front of one of these, built of
rough boards and roofed with like material, our little party presently
came to a halt. Above the door of this structure there was a flaring
sign recounting the goods sold within and the great bargains that
awaited the fortunate buyer. Below this, one more modest told that it
was also the office of the justice of the peace, and this not strangely,
for it was common then, as it is now in the country, thus to merge the
duties of tradesman and magistrate.
When we entered, the justice was busy tying up a package, as were all
his clerks, and this as if that were the chief end and aim of trade in
Quincy, as it was in fact, and properly enough. Observing us, he
motioned for the officer to go on to the office in the rear, where he
occupied himself at intervals of the day hearing such cases as were
brought before him.
The store through which we now passed I thought pretentious in the
extreme, and indeed it was such a one as to cause a country lad to open
his eyes in wonder. On the left the shelves were packed with bottles
filled with drugs, all with picturesque and highly colored labels, as if
containing tempting delicacies or things of that nature. Farther on
there was crockery, and this of every kind; yellow, however,
over-shadowed all other colors. In the display of these wares perfect
candor was observed, and this without reference to the use the article
was put to; but trade is ever thus ingenuous, having no real modesty.
For gain is a brazen hussy, and never loses opportunity to display her
charms if trade may be fostered thereby. On the other side of the store
shelves stuffed with dry goods reflected back the hues of bright
calicoes and delaines, interspersed with worsted and highly colored
scarfs. Stockings of a passionate hue also hung here and there
invitingly from conspicuous places. On the counter gaudy jewelry was
temptingly spread in cases covered with stout wire, as if much in need
of such protection. Further back a receptacle was piled high with fat,
obtrusive pies, for those who craved delicacies of that nature. Beyond
this groceries and tobacco occupied the space. Nor was this all, for
from the ceiling savory hams and succulent pieces of bacon hung,
redolent of the smokehouse and temptingly, so that the very sight of
them made one's mouth water with desire. In the extreme rear a space was
cleared, and here, facing the front, a chair and table served for the
seat of justice. About these were other chairs, and empty boxes tipped
on end, all arranged in the form of an amphitheater. Still back of
these, packages of goods were piled, in which cheese and fish
predominated, as was apparent from the odor that filled the place. At
one side, to tempt the good-natured, a barrel of tobacco stood open,
inviting all who would to fill their pipes without hindrance or pay.
Such was the court of justice into which we were ushered. As we stood
patiently waiting the coming of the judge, Blott mopped his face and
shifted nervously from one foot to the other, as if laboring under great
excitement of some kind, but of what nature I could not tell, until at
last, losing all control over himself, he let go my arm, and springing
back, cried, in a voice of terror:
"Scat, you imps! scat!" at the same time kicking angrily at some object
he saw before him. Seeing nothing, we all looked at him in surprise,
which he, presently noticing, remarked in a shamed way: "I hate cats,
and black ones more particular. They give me the shivers. Take 'em
away; take 'em away, please, please, please!" he added, plaintively,
waving his hand.
"I have always heard it said that it was a sign of good luck to have a
black cat rub against you; but there are no cats here," the little
lawyer spoke up, after eying Blott curiously for a while.
"Mebbe your sight's failin' account age, for there's three of 'em
peerin' from under them bags yonder," Blott answered, looking furtively
in the direction indicated.
"Three of them? Well, well, you have got it bad. What do you generally
take for these attacks?" the lawyer answered, grimly, as if enjoying the
other's fright.
"What do I take? Can't a man see cats without bein' thought queer? Any
one can see 'em," he answered, turning to Uncle Job to confirm his
statement.
"It is a clear case of jimjams," the lawyer went on; "and if you will
take my advice, you will sleep more and booze less, my friend."
"Don't git gay now, grandpa, nor expect a fee for your advice. A little
liquor wouldn't hurt you, or meat, either, if I'm any judge of its
effect on skeletons," Blott replied, Without taking his eyes off the
hiding-place of his enemies.
"Here, take a pull at this," the lawyer answered at length, handing him
a flask filled with liquor. "The hair of the dog is good for the bite,
they say; anyway, it will quiet your nerves till we get through with
this trial, when I would advise you to go and drown yourself."
To this Blott made no reply, but taking the flask, emptied it without
stopping to breathe.
"It's the drops that woman give me as has brought this on, an' nothin'
else," he exclaimed, as he wiped his mouth with the flat of his hand.
What more he would have said or done I do not know, for all further
conversation was here cut short by the entrance of the magistrate.
*CHAPTER XVI*
*BEFORE THE LITTLE JUSTICE*
The justice of the peace, a smiling, amiable man, given to trade and
knowing nothing of the law, nor professing to, except as it was filtered
to him through the hints of lawyers, bowed politely as he entered, and
taking his seat, said:
"I am ready to hear your case now, officer."
Upon this Blott, who had in some measure regained his composure, stepped
forward and raised his hand to be sworn, but remembering that such
formality was unnecessary, dropped it, with a gesture of disgust, and
answered:
"Please, your honor, this is the lad the summons was for," nodding down
on me as he concluded.
Motioning me to come forward, the justice spoke up, with a reassuring
smile:
"Don't be frightened, my son, for no one here intends you harm." This
as if in answer to my distressed look, or perhaps because he too had a
child somewhere more happily placed than I. Then, assuming the air of
his office, he went on, but mildly and as if to give me courage:
"What is your name, young man?"
"Gilbert Holmes, sir?"
"How old are you?"
"Twelve, if you please.'
"You look older. Are your parents alive?"
"No, sir."
"Have you a guardian?"
"No, sir."
"What near relatives?"
"My uncle, Job Throckmorton, and my aunt, Miss Jane Holmes."
"Where does your aunt live?"
"On her farm, near Little Sandy."
"Does she seek to become your guardian?"
"Yes, sir."
"Does any one else?"
"Yes; Uncle Job."
"Is your uncle present?"
"Yes, sir," I answered, turning around and pointing him out to the
justice.
At this Uncle Job, taking a step forward, bowed, and addressing the
justice, said:
"This lad is my nephew, if you please, and I am taking him to my home.
He is in my care, and I trust you will allow us to to go on without
further hindrance."
"I am sorry to put you to any trouble, sir, but I must look into the
matter now that it is brought before me," the justice answered,
politely, scrutinizing Uncle Job as he spoke. Then turning to me he
continued: "If you were allowed a choice, my son, which would you choose
for your guardian, this gentleman or your aunt?"
Ere I could answer, the gray-faced little lawyer, thrusting himself to
the front, interposed angrily, saying:
"I protest, your honor, against this method of trying the case. It will
not lead to anything definite, for the lad is not of age to choose for
himself, and has therefore no voice in the matter. I--"
"Excuse me, sir, but what interest have you in the matter?" the justice
interrupted, annoyance clearly showing in his mild face.
"My name appears as attorney in the affidavit, as you ought to know. It
is Sylvester Moth, lawyer, and I am here to represent the interests of
my client, Miss Jane Holmes, from whom this lad was abducted by Job
Throckmorton, surreptitiously and with malice aforethought."
"I protest that what he says about the lad's being abducted is not
true," Uncle Job objected.
"We will come to that in a moment," the justice answered, pleasantly.
Then turning to Moth, he asked: "Is the Miss Holmes you refer to the
guardian of the lad?"
"Every one understood she was to act in that capacity, your honor, and
it was generally recognized as the only fit thing. Because of this,
legal steps were thought to be unnecessary; but upon the matter being
brought to the attention of the proper tribunal, in the emergency that
has arisen, the judge has expressed a desire to pass upon it in due
form--and in Miss Holmes's interest, I may add."
"Let me see his summons," the justice interposed.
"Please, your honor, upon hearing of the lad's abduction, the necessity
for haste was so great that I only had time to consult the judge
informally before my departure. There can be no doubt, however, what
his decision in the matter will be."
"Why should he favor Miss Holmes, may I ask, in preference to the other
claimant?" the justice said, glancing in the direction of Uncle Job, who
stood looking on with a face black as midnight.
"Because of the two she only is fit to serve. There can be but one
choice between them, as you yourself must acknowledge when you hear the
facts. Miss Holmes is a woman of mature years and great respectability,
and possessed, moreover, of large property, so that she is able to look
after the lad's comfort while young, and advance his fortunes when he
comes to manhood. She is his aunt, his father's devoted sister, and
deeply attached to him, and earnestly solicitous of his bringing-up and
final position in the world, and for these reasons should be his
guardian."
"Is not this gentleman equally worthy, equally solicitous?" the justice
asked, as Moth came to a halt.
"No, your honor; it is impossible. The lad's reputed uncle, Job
Throckmorton, who is he? No one knows. A youth without friends or
fortune or fixed abode! Who can tell what he designs doing with the
lad? Who will hold him accountable? Who trace him hereafter? A
myth--here to-day, to-morrow where? What fate has he in store for this
tender and homeless youth? We may surmise, and doing so, hesitate.
Will it be a home and careful schooling and Christian example, such as
Miss Holmes offers? Or--the thought chills me--the slave-block perhaps,
and afterward some far-off plantation in the everglades of Florida,
where a fortune may be had for such a lad? In view of this, and other
things that will occur to a man of your experience and discernment, can
there be but one course to follow in disposing of the lad? No; and in
this I am sure we will agree."
This tirade was more than Uncle Job could patiently listen to, and
thrusting himself forward, he again addressed the justice:
"May it please you honor, this man's insinuations in regard to myself
and what I will do are unworthy of your notice. What he says about my
having no fixed home is true, but I will devise ways for caring for the
child, and such as his father and mother would approve and applaud were
they alive. I am most tenderly attached to him, and having no family,
will make his happiness the concern of my life. This I pledge you my
word."
This true statement Uncle Job thought unanswerable; but while he
hesitated, considering whether it was best to say more, Moth broke in
again, more vehemently than before.
"Stuff! Nonsense! Talk, your honor; nothing else. Mr. Job
Throckmorton, if I know anything of men, is nothing more or less than an
adventurer. He seeks possession of the child to gratify a spite against
my client, the lad's loving aunt, and not from any interest in the child
himself. His malice is born, I may say, in misapprehension and fostered
by a vindictive spirit that only a man with a bad heart could have. Miss
Holmes offers her nephew a home, shielded by love, and holds out to him
the care of a wise and tender mother. Could more be asked? In one
direction, your honor, security and happiness await the youth. In the
other, uncertainty, distressing doubt--at best the life of a vagrant.
In view of all this, I crave your enlightened action in furtherance of
the beneficent purposes of my client. This, I may add, will be secured
by your holding her nephew to await the summons of the judge having
jurisdiction in the case."
Such disposition of the matter, it was clear, struck the justice as
being, under the circumstances, a way that could be safely followed, and
looking toward me, he nodded as if in acquiescence. Thus in a moment
all my hopes were destroyed--and oh, the grievousness of it! To be
disposed of out of hand, as if I were a mere baby and helpless, when,
oh, how dim and immeasurably distant childhood seemed to me! Not a
thing, indeed, of yesterday, but far off, as if it had never been. No,
never was I to know again the unconscious happiness of youth, but in its
place the maturity that sorrow and abandonment quickly bring. Thus
mourning, my thoughts turned, as in every emergency of my life, to
Constance. Sweet Constance! How her heart would bleed did she but know
of my sad plight, and this unhappiness she would share, with embrace of
love, as always; but oh, how unavailingly! Thus thinking, I was
comforted as if she were near me, and in the thought forgot my misery
and where I was.
While my mind was thus filled with tender remembrance of my love, Mr.
Lincoln arose and made his way forward to the cleared space before the
justice, and the latter, observing him, stood up, and with a smile of
recognition, shook him warmly by the hand. After some further exchange
of greeting, wherein both seemed pleased, the justice asked:
"Do you desire to appear in this case, Mr. Lincoln?"
"Yes, if you please," he responded, moving back a step and bowing to the
justice, as if in recognition of the dignity of the law, howsoever
presented; "and may it please your honor," he went on, in his slow,
melancholy way, "I venture to do so without solicitation, but properly,
I think, in view of the unfriended state of this youth. I am, I may
say, in a measure familiar with the case, and may add that it appeals to
me deeply. What has been said by my brother lawyer in regard to the
social position, wealth, and high character of his client, Miss Jane
Holmes, is true in every particular," he continued, bowing to Moth.
"She is well known to me, and that her every thought in regard to her
nephew is creditable to her I cannot doubt. She has no object in
desiring to befriend him save his good, and this I firmly believe, and
in this view of the matter she has my gratitude and admiration, as she
should that of every man."
"You see, your honor," Moth here broke in, exultingly, "he confirms what
I have said in every particular."
"Will you keep still!" Blott spoke up, laying his hand on Moth's
shoulder. "You can't hold the yarn an' wind it, too, Pickle. Let the
other side have a chance, man. Why you're as full of wind as a bellus."
"While we may admit Miss Holmes' worth," Mr. Lincoln resumed, "that does
not lessen the claim of Mr. Throckmorton; and before proceeding it is my
duty, as it is the duty of every one when the character of another is
aspersed, to clear it from suspicion, so far as may be. This I desire
to do in the case of Mr. Throckmorton, for Mr. Moth is misinformed, and
grossly so, in regard to him. On no other grounds are his statements
worthy of his calling as a lawyer or the dignity of the court he
addresses. The facts are in every way honorable to Mr. Throckmorton.
The candor of his face is proof of this, and I beg of you to study it
attentively. The Almighty thus stamps the character of his children so
that all may see, if they will. This is especially true of the young.
For if malignant or uncharitable, time has not been granted in which to
hide it behind the smile of complaisance; and if honest, distrust has
not yet led its owner to conceal the truth behind a mask of cunning or a
smile of incredulity. Thus we may judge, and never mistakenly, and we
may do so in this case without going astray. I am confident of Mr.
Throckmorton's uprightness and good intentions, and believing as I do,
hope to make it equally plain to your honor. This is my reason and
excuse for appearing here. It has been my good fortune to be the close
companion of these young gentlemen for several days, and during that
time my opportunities for studying them have been such as rarely fall to
one's lot, and unconsciously too, and without purpose on their part.
Moreover, I know Mr. Throckmorton through others, and no man stands
higher in the regard of men, for he is trusted and his word accepted
wherever given. Such is the testimony. That he will do as he says in
this case, there can be no shadow of doubt, and I confidently appeal to
you to believe him. He has no home, as has been said, and that is to be
regretted; but he has the boy's love and entire confidence. In return
his heart is tenderly regardful of the youth's happiness. Is not that a
home in which childhood may safely dwell, if virtue and strength abide
there? Can such a home be weakened or destroyed? Can it be lost, as
wealth may be? Is it not the most secure anchorage and the only refuge
for the young? Can the substantiality of wealth or position alone
replace it? Here, your honor, a phase of the case presents itself that I
approach with reluctance. My brother lawyer has recounted the virtues
of his client, and to all he says in that respect I cheerfully
subscribe. I leave it to candid men to judge, however, which of the
two, Miss Holmes or Mr. Throckmorton, is the more likely to enlist the
lad's sympathy and love. The maiden lady of fifty, a recluse upon her
farm, without knowledge of children, with a demeanor that cannot,
unhappily, be called inviting, or the young man, with a warm heart and
blood still running fresh and vigorous along the lines of youth this
child is treading, and will for many a day? Every instance, I am
constrained to believe, recommends Mr. Throckmorton in preference. He
had the mother's love and the father's confidence, and he loved them in
return. Miss Holmes, if her heart responded to theirs, gave no sign,
for they died believing in her indifference, if not her enmity. This
lady now seeks control of their child, knowing what she does. Can we
have any doubt in regard to the youth's feelings or preferences?
Nothing, it seems to me, could be more inopportune, more incongruous,
than Miss Holmes's action. It needs no great discernment on our part,
your honor, to trace this lad's future. Had his father and mother
lived, they could have controlled him. He would have been obedient and
patient; but dying, others cannot fill their office unless he loves and
trusts them. No one else will he obey. That is human nature; for
lacking the wisdom that only comes of experience, he will revolt when
discipline clashes with desire; for even in the case of men, you know,
judgment and prudence travel with halting step when inclination leads
the other way."
"Nonsense, you honor! What he needs is a master with a good wrist and a
stack of rawhides," Moth angrily interrupted. "What would become of the
world if such ideas were to govern the bringing-up of children? Why, we
would have a nation of bandits, and no man would be safe."
"Will you oblige me," the justice objected, "by not interrupting Mr.
Lincoln again?"
"Put him in the jug, your honor, for contempt. He'll git fat on the
fare, an'll fool the rats, for they haven't any likin' for bones if
there ain't any meat on 'em," Blott spoke up excitedly, appealing
confidently to the justice.
"You may withdraw, officer; we will not need you longer. I will myself
look after the lad," the justice spoke up, scrutinizing Blott's flushed
face and trembling limbs.
"All right, your honor, I'm glad to git rid of the job; but if anything
should turn up needin' somebody to handle Pickle, I'm your man, an'll
not ask any fee either," Blott answered, scowling upon Moth as he made
his way from the room.