COLONEL STARBOTTLE FOR THE PLAINTIFF

It had been a day of triumph for Colonel Starbottle. First, for his

personality, as it would have been difficult to separate the Colonel's

achievements from his individuality; second, for his oratorical

abilities as a sympathetic pleader; and third, for his functions as the

leading legal counsel for the Eureka Ditch Company versus the State of

California. On his strictly legal performances in this issue I prefer

not to speak; there were those who denied them, although the jury had

accepted them in the face of the ruling of the half amused, half cynical

Judge himself. For an hour they had laughed with the Colonel, wept with

him, been stirred to personal indignation or patriotic exaltation by

his passionate and lofty periods,--what else could they do than give him

their verdict? If it was alleged by some that the American eagle, Thomas

Jefferson, and the Resolutions of '98 had nothing whatever to do with

the contest of a ditch company over a doubtfully worded legislative

document; that wholesale abuse of the State Attorney and his political

motives had not the slightest connection with the legal question

raised--it was, nevertheless, generally accepted that the losing party

would have been only too glad to have the Colonel on their side. And

Colonel Starbottle knew this, as, perspiring, florid, and panting, he

rebuttoned the lower buttons of his blue frock-coat, which had become

loosed in an oratorical spasm, and readjusted his old-fashioned,

spotless shirt frill above it as he strutted from the court-room amidst

the handshakings and acclamations of his friends.

And here an unprecedented thing occurred. The Colonel absolutely

declined spirituous refreshment at the neighboring Palmetto Saloon,

and declared his intention of proceeding directly to his office in the

adjoining square. Nevertheless, the Colonel quitted the building alone,

and apparently unarmed, except for his faithful gold-headed stick,

which hung as usual from his forearm. The crowd gazed after him with

undisguised admiration of this new evidence of his pluck. It was

remembered also that a mysterious note had been handed to him at

the conclusion of his speech,--evidently a challenge from the State

Attorney. It was quite plain that the Colonel--a practiced duelist--was

hastening home to answer it.

But herein they were wrong. The note was in a female hand, and simply

requested the Colonel to accord an interview with the writer at the

Colonel's office as soon as he left the court. But it was an engagement

that the Colonel--as devoted to the fair sex as he was to the

“code”--was no less prompt in accepting. He flicked away the dust from

his spotless white trousers and varnished boots with his handkerchief,

and settled his black cravat under his Byron collar as he neared his

office. He was surprised, however, on opening the door of his private

office, to find his visitor already there; he was still more startled to

find her somewhat past middle age and plainly attired. But the Colonel

was brought up in a school of Southern politeness, already antique in

the republic, and his bow of courtesy belonged to the epoch of his

shirt frill and strapped trousers. No one could have detected his

disappointment in his manner, albeit his sentences were short

and incomplete. But the Colonel's colloquial speech was apt to be

fragmentary incoherencies of his larger oratorical utterances.

“A thousand pardons--for--er--having kept a lady waiting--er!

But--er--congratulations of friends--and--er--courtesy due to

them--er--interfered with--though perhaps only heightened--by

procrastination--the pleasure of--ha!” And the Colonel completed his

sentence with a gallant wave of his fat but white and well-kept hand.

“Yes! I came to see you along o' that speech of yours. I was in court.

When I heard you gettin' it off on that jury, I says to myself, 'That's

the kind o' lawyer I want. A man that's flowery and convincin'! Just the

man to take up our case.”

“Ah! It's a matter of business, I see,” said the Colonel, inwardly

relieved, but externally careless. “And--er--may I ask the nature of the

case?”

“Well! it's a breach-o'-promise suit,” said the visitor calmly.

If the Colonel had been surprised before, he was now really startled,

and with an added horror that required all his politeness to conceal.

Breach-of-promise cases were his peculiar aversion. He had always held

them to be a kind of litigation which could have been obviated by the

prompt killing of the masculine offender--in which case he would have

gladly defended the killer. But a suit for damages,--DAMAGES!--with the

reading of love-letters before a hilarious jury and court, was against

all his instincts. His chivalry was outraged; his sense of humor was

small, and in the course of his career he had lost one or two important

cases through an unexpected development of this quality in a jury.

The woman had evidently noticed his hesitation, but mistook its cause.

“It ain't me--but my darter.”

The Colonel recovered his politeness. “Ah! I am relieved, my dear madam!

I could hardly conceive a man ignorant enough to--er--er--throw away

such evident good fortune--or base enough to deceive the trustfulness of

womanhood--matured and experienced only in the chivalry of our sex, ha!”

The woman smiled grimly. “Yes!--it's my darter, Zaidee Hooker--so ye

might spare some of them pretty speeches for HER--before the jury.”

The Colonel winced slightly before this doubtful prospect, but smiled.

“Ha! Yes!--certainly--the jury. But--er--my dear lady, need we go as

far as that? Can not this affair be settled--er--out of court? Could

not this--er--individual--be admonished--told that he must

give satisfaction--personal satisfaction--for his dastardly

conduct--to--er--near relative--or even valued personal friend?

The--er--arrangements necessary for that purpose I myself would

undertake.”

He was quite sincere; indeed, his small black eyes shone with that fire

which a pretty woman or an “affair of honor” could alone kindle. The

visitor stared vacantly at him, and said slowly, “And what good is that

goin' to do US?”

“Compel him to--er--perform his promise,” said the Colonel, leaning back

in his chair.

“Ketch him doin' it!” she exclaimed scornfully. “No--that ain't wot

we're after. We must make him PAY! Damages--and nothin' short o' THAT.”

The Colonel bit his lip. “I suppose,” he said gloomily, “you have

documentary evidence--written promises and protestations--er--er

love-letters, in fact?”

“No--nary a letter! Ye see, that's jest it--and that's where YOU come

in. You've got to convince that jury yourself. You've got to show what

it is--tell the whole story your own way. Lord! to a man like you that's

nothin'.”

Startling as this admission might have been to any other lawyer,

Starbottle was absolutely relieved by it. The absence of any

mirth-provoking correspondence, and the appeal solely to his own powers

of persuasion, actually struck his fancy. He lightly put aside the

compliment with a wave of his white hand.

“Of course,” he said confidently, “there is strongly presumptive and

corroborative evidence? Perhaps you can give me--er--a brief outline of

the affair?”

“Zaidee kin do that straight enough, I reckon,” said the woman; “what I

want to know first is, kin you take the case?”

The Colonel did not hesitate; his curiosity was piqued. “I certainly

can. I have no doubt your daughter will put me in possession of

sufficient facts and details--to constitute what we call--er--a brief.”

“She kin be brief enough--or long enough--for the matter of that,” said

the woman, rising. The Colonel accepted this implied witticism with a

smile.

“And when may I have the pleasure of seeing her?” he asked politely.

“Well, I reckon as soon as I can trot out and call her. She's just

outside, meanderin' in the road--kinder shy, ye know, at first.”

She walked to the door. The astounded Colonel nevertheless gallantly

accompanied her as she stepped out into the street and called shrilly,

“You Zaidee!”

A young girl here apparently detached herself from a tree and the

ostentatious perusal of an old election poster, and sauntered down

towards the office door. Like her mother, she was plainly dressed;

unlike her, she had a pale, rather refined face, with a demure mouth and

downcast eyes. This was all the Colonel saw as he bowed profoundly and

led the way into his office, for she accepted his salutations without

lifting her head. He helped her gallantly to a chair, on which she

seated herself sideways, somewhat ceremoniously, with her eyes following

the point of her parasol as she traced a pattern on the carpet. A second

chair offered to the mother that lady, however, declined. “I reckon to

leave you and Zaidee together to talk it out,” she said; turning to her

daughter, she added, “Jest you tell him all, Zaidee,” and before the

Colonel could rise again, disappeared from the room. In spite of his

professional experience, Starbottle was for a moment embarrassed. The

young girl, however, broke the silence without looking up.

“Adoniram K. Hotchkiss,” she began, in a monotonous voice, as if it were

a recitation addressed to the public, “first began to take notice of me

a year ago. Arter that--off and on”--

“One moment,” interrupted the astounded Colonel; “do you mean Hotchkiss

the President of the Ditch Company?” He had recognized the name of

a prominent citizen--a rigid, ascetic, taciturn, middle-aged man--a

deacon--and more than that, the head of the company he had just

defended. It seemed inconceivable.

“That's him,” she continued, with eyes still fixed on the parasol and

without changing her monotonous tone--“off and on ever since. Most

of the time at the Free-Will Baptist Church--at morning service,

prayer-meetings, and such. And at home--outside--er--in the road.”

“Is it this gentleman--Mr. Adoniram K. Hotchkiss--who--er--promised

marriage?” stammered the Colonel.

“Yes.”

The Colonel shifted uneasily in his chair. “Most extraordinary! for--you

see--my dear young lady--this becomes--a--er--most delicate affair.”

“That's what maw said,” returned the young woman simply, yet with the

faintest smile playing around her demure lips and downcast cheek.

“I mean,” said the Colonel, with a pained yet courteous smile, “that

this--er--gentleman--is in fact--er--one of my clients.”

“That's what maw said too, and of course your knowing him will make it

all the easier for you.”

A slight flush crossed the Colonel's cheek as he returned quickly and a

little stiffly, “On the contrary--er--it may make it impossible for me

to--er--act in this matter.”

The girl lifted her eyes. The Colonel held his breath as the long lashes

were raised to his level. Even to an ordinary observer that sudden

revelation of her eyes seemed to transform her face with subtle

witchery. They were large, brown, and soft, yet filled with an

extraordinary penetration and prescience. They were the eyes of an

experienced woman of thirty fixed in the face of a child. What else the

Colonel saw there Heaven only knows! He felt his inmost secrets

plucked from him--his whole soul laid bare--his vanity, belligerency,

gallantry--even his mediaeval chivalry, penetrated, and yet illuminated,

in that single glance. And when the eyelids fell again, he felt that a

greater part of himself had been swallowed up in them.

“I beg your pardon,” he said hurriedly. “I mean--this matter may

be arranged--er--amicably. My interest with--and as you wisely

say--my--er--knowledge of my client--er--Mr. Hotchkiss--may effect--a

compromise.”

“And DAMAGES,” said the young girl, readdressing her parasol, as if she

had never looked up.

The Colonel winced. “And--er--undoubtedly COMPENSATION--if you do not

press a fulfillment of the promise. Unless,” he said, with an attempted

return to his former easy gallantry, which, however, the recollection of

her eyes made difficult, “it is a question of--er--the affections.”

“Which?” asked his fair client softly.

“If you still love him?” explained the Colonel, actually blushing.

Zaidee again looked up; again taking the Colonel's breath away with eyes

that expressed not only the fullest perception of what he had SAID, but

of what he thought and had not said, and with an added subtle suggestion

of what he might have thought. “That's tellin',” she said, dropping her

long lashes again.

The Colonel laughed vacantly. Then feeling himself growing imbecile, he

forced an equally weak gravity. “Pardon me--I understand there are no

letters; may I know the way in which he formulated his declaration and

promises?”

“Hymn-books.”

“I beg your pardon,” said the mystified lawyer.

“Hymn-books--marked words in them with pencil--and passed 'em on to

me,” repeated Zaidee. “Like 'love,' 'dear,' 'precious,' 'sweet,' and

'blessed,'” she added, accenting each word with a push of her parasol on

the carpet. “Sometimes a whole line outer Tate and Brady--and Solomon's

Song, you know, and sich.”

“I believe,” said the Colonel loftily, “that the--er--phrases of sacred

psalmody lend themselves to the language of the affections. But in

regard to the distinct promise of marriage--was there--er--no OTHER

expression?”

“Marriage Service in the prayer-book--lines and words outer that--all

marked,” Zaidee replied.

The Colonel nodded naturally and approvingly. “Very good. Were others

cognizant of this? Were there any witnesses?”

“Of course not,” said the girl. “Only me and him. It was generally at

church-time--or prayer-meeting. Once, in passing the plate, he slipped

one o' them peppermint lozenges with the letters stamped on it 'I love

you' for me to take.”

The Colonel coughed slightly. “And you have the lozenge?”

“I ate it.”

“Ah,” said the Colonel. After a pause he added delicately, “But were

these attentions--er--confined to--er--sacred precincts? Did he meet you

elsewhere?”

“Useter pass our house on the road,” returned the girl, dropping into

her monotonous recital, “and useter signal.”

“Ah, signal?” repeated the Colonel approvingly.

“Yes! He'd say 'Keerow,' and I'd say 'Keeree.' Suthing like a bird, you

know.”

Indeed, as she lifted her voice in imitation of the call, the Colonel

thought it certainly very sweet and birdlike. At least as SHE gave

it. With his remembrance of the grim deacon he had doubts as to the

melodiousness of HIS utterance. He gravely made her repeat it.

“And after that signal?” he added suggestively.

“He'd pass on.”

The Colonel again coughed slightly, and tapped his desk with his

penholder.

“Were there any endearments--er--caresses--er--such as taking your

hand--er--clasping your waist?” he suggested, with a gallant yet

respectful sweep of his white hand and bowing of his head; “er--slight

pressure of your fingers in the changes of a dance--I mean,” he

corrected himself, with an apologetic cough--“in the passing of the

plate?”

“No; he was not what you'd call 'fond,'” returned the girl.

“Ah! Adoniram K. Hotchkiss was not 'fond' in the ordinary acceptance of

the word,” noted the Colonel, with professional gravity.

She lifted her disturbing eyes, and again absorbed his in her own. She

also said “Yes,” although her eyes in their mysterious prescience of all

he was thinking disclaimed the necessity of any answer at all. He smiled

vacantly. There was a long pause. On which she slowly disengaged her

parasol from the carpet pattern, and stood up.

“I reckon that's about all,” she said.

“Er--yes--but one moment,” began the Colonel vaguely. He would have

liked to keep her longer, but with her strange premonition of him he

felt powerless to detain her, or explain his reason for doing so. He

instinctively knew she had told him all; his professional judgment told

him that a more hopeless case had never come to his knowledge. Yet he

was not daunted, only embarrassed. “No matter,” he said. “Of course I

shall have to consult with you again.”

Her eyes again answered that she expected he would, and she added

simply, “When?”

“In the course of a day or two;” he replied quickly. “I will send you

word.”

She turned to go. In his eagerness to open the door for her, he upset

his chair, and with some confusion, that was actually youthful, he

almost impeded her movements in the hall, and knocked his broad-brimmed

Panama hat from his bowing hand in a final gallant sweep. Yet as her

small, trim, youthful figure, with its simple Leghorn straw hat confined

by a blue bow under her round chin, passed away before him, she looked

more like a child than ever.

The Colonel spent that afternoon in making diplomatic inquiries. He

found his youthful client was the daughter of a widow who had a small

ranch on the cross-roads, near the new Free-Will Baptist Church--the

evident theatre of this pastoral. They led a secluded life, the

girl being little known in the town, and her beauty and fascination

apparently not yet being a recognized fact. The Colonel felt a

pleasurable relief at this, and a general satisfaction he could not

account for. His few inquiries concerning Mr. Hotchkiss only confirmed

his own impressions of the alleged lover,--a serious-minded, practically

abstracted man, abstentive of youthful society, and the last man

apparently capable of levity of the affections or serious flirtation.

The Colonel was mystified, but determined of purpose, whatever that

purpose might have been.

The next day he was at his office at the same hour. He was alone--as

usual--the Colonel's office being really his private lodgings, disposed

in connecting rooms, a single apartment reserved for consultation.

He had no clerk, his papers and briefs being taken by his faithful

body-servant and ex-slave “Jim” to another firm who did his office work

since the death of Major Stryker, the Colonel's only law partner, who

fell in a duel some years previous. With a fine constancy the Colonel

still retained his partner's name on his doorplate, and, it was alleged

by the superstitious, kept a certain invincibility also through the

'manes' of that lamented and somewhat feared man.

The Colonel consulted his watch, whose heavy gold case still showed

the marks of a providential interference with a bullet destined for its

owner, and replaced it with some difficulty and shortness of breath in

his fob. At the same moment he heard a step in the passage, and the door

opened to Adoniram K. Hotchkiss. The Colonel was impressed; he had a

duelist's respect for punctuality.

The man entered with a nod and the expectant inquiring look of a busy

man. As his feet crossed that sacred threshold the Colonel became all

courtesy; he placed a chair for his visitor, and took his hat from his

half reluctant hand. He then opened a cupboard and brought out a bottle

of whiskey and two glasses.

“A--er--slight refreshment, Mr. Hotchkiss,” he suggested politely.

“I never drink,” replied Hotchkiss, with the severe attitude of a total

abstainer.

“Ah--er--not the finest Bourbon whiskey, selected by a Kentucky friend?

No? Pardon me! A cigar, then--the mildest Havana.”

“I do not use tobacco nor alcohol in any form,” repeated Hotchkiss

ascetically. “I have no foolish weaknesses.”

The Colonel's moist, beady eyes swept silently over his client's sallow

face. He leaned back comfortably in his chair, and half closing his

eyes as in dreamy reminiscence, said slowly: “Your reply, Mr. Hotchkiss,

reminds me of--er--sing'lar circumstance that--er--occurred, in point of

fact--at the St. Charles Hotel, New Orleans. Pinkey Hornblower--personal

friend--invited Senator Doolittle to join him in social glass. Received,

sing'larly enough, reply similar to yours. 'Don't drink nor smoke?' said

Pinkey. 'Gad, sir, you must be mighty sweet on the ladies.' Ha!”

The Colonel paused long enough to allow the faint flush to pass from

Hotchkiss's cheek, and went on, half closing his eyes: “'I allow no man,

sir, to discuss my personal habits,' declared Doolittle, over his shirt

collar. 'Then I reckon shootin' must be one of those habits,' said

Pinkey coolly. Both men drove out on the Shell Road back of cemetery

next morning. Pinkey put bullet at twelve paces through Doolittle's

temple. Poor Doo never spoke again. Left three wives and seven children,

they say--two of 'em black.”

“I got a note from you this morning,” said Hotchkiss, with badly

concealed impatience. “I suppose in reference to our case. You have

taken judgment, I believe.”

The Colonel, without replying, slowly filled a glass of whiskey and

water. For a moment he held it dreamily before him, as if still engaged

in gentle reminiscences called up by the act. Then tossing it off,

he wiped his lips with a large white handkerchief, and leaning back

comfortably in his chair, said, with a wave of his hand, “The interview

I requested, Mr. Hotchkiss, concerns a subject--which I may say

is--er--er--at present NOT of a public or business nature--although

LATER it might become--er--er--both. It is an affair of

some--er--delicacy.”

The Colonel paused, and Mr. Hotchkiss regarded him with increased

impatience. The Colonel, however, continued, with unchanged

deliberation: “It concerns--er--er--a young lady--a beautiful,

high-souled creature, sir, who, apart from her personal

loveliness--er--er--I may say is of one of the first families of

Missouri, and--er--not remotely connected by marriage with one

of--er--er--my boyhood's dearest friends.” The latter, I grieve to say,

was a pure invention of the Colonel's--an oratorical addition to the

scanty information he had obtained the previous day. “The young lady,”

he continued blandly, “enjoys the further distinction of being

the object of such attention from you as would make this

interview--really--a confidential matter--er--er among friends

and--er--er--relations in present and future. I need not say that the

lady I refer to is Miss Zaidee Juno Hooker, only daughter of Almira

Ann Hooker, relict of Jefferson Brown Hooker, formerly of Boone County,

Kentucky, and latterly of--er--Pike County, Missouri.”

The sallow, ascetic hue of Mr. Hotchkiss's face had passed through a

livid and then a greenish shade, and finally settled into a sullen red.

“What's all this about?” he demanded roughly.

The least touch of belligerent fire came into Starbottle's eye, but his

bland courtesy did not change. “I believe,” he said politely, “I have

made myself clear as between--er--gentlemen, though perhaps not as clear

as I should to--er--er--jury.”

Mr. Hotchkiss was apparently struck with some significance in the

lawyer's reply. “I don't know,” he said, in a lower and more cautious

voice, “what you mean by what you call 'my attentions' to--any one--or

how it concerns you. I have not exchanged half a dozen words with--the

person you name--have never written her a line--nor even called at her

house.”

He rose with an assumption of ease, pulled down his waistcoat, buttoned

his coat, and took up his hat. The Colonel did not move.

“I believe I have already indicated my meaning in what I have called

'your attentions,'” said the Colonel blandly, “and given you my

'concern' for speaking as--er--er--mutual friend. As to YOUR statement

of your relations with Miss Hooker, I may state that it is fully

corroborated by the statement of the young lady herself in this very

office yesterday.”

“Then what does this impertinent nonsense mean? Why am I summoned here?”

demanded Hotchkiss furiously.

“Because,” said the Colonel deliberately, “that statement is

infamously--yes, damnably to your discredit, sir!”

Mr. Hotchkiss was here seized by one of those impotent and inconsistent

rages which occasionally betray the habitually cautious and timid man.

He caught up the Colonel's stick, which was lying on the table. At the

same moment the Colonel, without any apparent effort, grasped it by

the handle. To Mr. Hotchkiss's astonishment, the stick separated in two

pieces, leaving the handle and about two feet of narrow glittering steel

in the Colonel's hand. The man recoiled, dropping the useless fragment.

The Colonel picked it up, fitted the shining blade in it, clicked the

spring, and then rising with a face of courtesy yet of unmistakably

genuine pain, and with even a slight tremor in his voice, said

gravely,--

“Mr. Hotchkiss, I owe you a thousand apologies, sir, that--er--a weapon

should be drawn by me--even through your own inadvertence--under the

sacred protection of my roof, and upon an unarmed man. I beg your

pardon, sir, and I even withdraw the expressions which provoked

that inadvertence. Nor does this apology prevent you from holding me

responsible--personally responsible--ELSEWHERE for an indiscretion

committed in behalf of a lady--my--er--client.”

“Your client? Do you mean you have taken her case? You, the counsel for

the Ditch Company?” asked Mr. Hotchkiss, in trembling indignation.

“Having won YOUR case, sir,” replied the Colonel coolly,

“the--er--usages of advocacy do not prevent me from espousing the cause

of the weak and unprotected.”

“We shall see, sir,” said Hotchkiss, grasping the handle of the door and

backing into the passage. “There are other lawyers who”--

“Permit me to see you out,” interrupted the Colonel, rising politely.

--“will be ready to resist the attacks of blackmail,” continued

Hotchkiss, retreating along the passage.

“And then you will be able to repeat your remarks to me IN THE STREET,”

continued the Colonel, bowing, as he persisted in following his visitor

to the door.

But here Mr. Hotchkiss quickly slammed it behind him, and hurried away.

The Colonel returned to his office, and sitting down, took a sheet of

letter-paper bearing the inscription “Starbottle and Stryker, Attorneys

and Counselors,” and wrote the following lines:--

HOOKER versus HOTCHKISS.

DEAR MADAM,--Having had a visit from the defendant in above, we should

be pleased to have an interview with you at two P. M. to-morrow.

Your obedient servants,

Openings in the Old Trail · 第 8 / 18 题