had a saying down our way in the old days that Judge Priest administered law inside his courthouse and justice outside of it. Perhaps they were right. Certainly he had a way of seeking short cuts through thickets of legal verbiage to the rights of things, the which often gave acute sorrow to the souls of those members of the bar who venerated the very ink in which the statutory act had been printed and worshiped manfully before the graven images of precedent. But elsewise, generally speaking, it appeared to give satisfaction. Nobody ever beat the judge in any of his races for reëlection, and after a while they just naturally quit trying.
Nor did it seem to distress him deeply when the grave and learned lords of the highest tribunal of the commonwealth saw fit, as they sometimes did, to quarrel with a decision of his which, according to their lights, ran counter to the authorities and the traditions revered by these august gentlemen.
"Ah-hah!" he would say in his high penny-flute voice when such a thing happened. "I see where the honorable court of appeals has disagreed with me agin. Well, they've still got quite a piece to go yit before they ketch up with the number of times I've disagreed with them."
But he never said such a thing in open court. Such utterances he reserved for his cronies and confidants. Once he was under the dented tin dome where he sat for so many years he became so firm a stickler for the forms and the dignities that practically a sacerdotal air was imparted to the proceedings. As you might say, he was almost high church in his adherence to the ritualisms. Lawyers coming before him did not practice the law in their shirt sleeves. They might do this when appearing on certain neighbor circuits, but not here. They did not smoke while court was in session, or sit reared back in their chairs with their feet up on the counsel tables and on the bar railings. Of course when not actually engaged in addressing the court one might chew tobacco in moderation, it being an indisputable fact that such was conducive to lubrication of the mental processes and a sedative for the nerves besides; but the act of chewing must be discreetly and inaudibly carried on, and he who in the heat of argument or under the stress of cross-questioning a perverse witness failed to patronize the cuspidors which dotted the floor at suitable intervals stood in peril of a stern admonishment for the first offense and a fine for the second.
Off the bench our judge was the homeliest and simplest of men. On the bench he wore his baggy old alpaca coat as though it were a silken robe. And, as has been heretofore remarked, he had for his official and his private lives two different modes of speech. As His Honor, presiding, his language was invariably grammatical and precise and as carefully accented as might be expected of a man whose people never had very much use anyway for the consonant "r." As William Pitman Priest, Esq., citizen, taxpayer, and Confederate veteran he mishandled the king's English as though he had but small personal regard for the king or his English either.
Similarly he always showed respect, outwardly at least, for the written letter of the statute as written and cited. But when it seemed to him that justice tempered with mercy stood in danger of being choked in a lawyer's loop of red tape he sheared through the entanglements with a promptitude which appealed more strongly, perhaps, to the lay mind than to the professional. And if, from the bench, he might not succor the deserving litigant or the penitent offender without violation to the given principles of the law, which, aiming ever for the greater good to the greater number, threatened present disaster for one deserving, he very often privily would busy himself in the matter. This, then, was why they had that saying about him.
It largely was in a private capacity that Judge Priest figured in the various phases relating to the Millsap case, with which now we are about to deal. The beginning of this was the ending of Felix Millsap, but from its start to its finish he alone held the secrets of all its aspects. The best people in town, those who made up the old families, knew the daughter of this Felix Millsap; the people whose families were not so old perhaps, but by way of compensation more likely to be large ones, the common people, as the word goes, knew the father. The best people commiserated decorously with the daughter when her father was abruptly taken from this life; the others wondered what was going to become of his widow. For, you see, the daughter moved in very different circles from the one in which her parents moved. Their lines did not touch. But Judge Priest had the advantage on his side of moving at will in both circles. Indeed he moved in all circles without serious impairment to his social position in the community at large.
Briefly, the case of her who had been Eleanor Millsap was the case of a child who, diligently climbing out of the environment of her childhood, has attained to heights where her parents may never hope to come, a common enough case here in flux and fluid America, and one which some will applaud and some will deplore, depending on how they view such matters; a daughter proclaiming by her attitude that she is ashamed of the sources of her origin; a father and a mother visibly proud of their offspring's successful rise, yet uncomplainingly accepting the rôles to which she has assigned them – there you have this small family tragedy in forty words or less.
When the Millsaps moved to our town their baby was in her second summer. With the passage of years the father and the mother came, as suitably mated couples often do, to look rather like each other. But then, probably there never had been a time when they, either in temperament or port, had appeared greatly unlike, seeing that both the pair were colorless, prosaic folk. So for Nature to mold them into a common pattern was merely a detail of time and patience. But their little Eleanor betrayed no resemblance to either in figure or face or personality. It was in this instance as though hereditary traits had been thwarted; as though two sober barnyard fowl had mated to bear a golden pheasant. They were secluded, shy, unimaginative; she was vivid and sprightly, with dash to her, and audacity.
They lived in one of those small gloomy houses whose shutters always are closed and whose fronts always are blank; a house where the business of living seems to be carried on surreptitiously, almost by stealth. She, from the time she could walk alone, was actively abroad, a bright splash of color in the small oblong of shabby front yard. The father, Felix Millsap, was an odd-jobs woodworker. He made his living by undertakings too trivial for a contracting carpenter and joiner to bid on and too complicated for an amateur to attempt. The mother, Martha by name, took in plain sewing to help out. She had about her the air of the needle drudge, with shoulders bowed in and the pricked, scored fingers of a seamstress, and a permanent pucker at one corner of her mouth from holding pins there. The daughter showed trim, slender limbs and a bodily grace and a piquant face which generations of breeding and wealth so very often fail to fashion.
When she graduated as the valedictorian of her class in the high school she cut a far better figure in the frock her mother had made for her than did any there on the stage at St. Clair Hall; she had a trick of wearing simple garments which gave them distinction. Already she had half a dozen sweethearts. Boys were drawn to her; girls she repelled rather. Girls found her too self-centered, too intent on attaining her own aims to give much heed to companionships. They called her selfish. Well, if selfishness is another name for a constant, bounding ambition to get on and up in the world Eleanor Millsap was selfish. But for the boys she had a tremendous attraction. They admired her quick, cruel wit, her energy, her good looks. She met her sweethearts on the street, at the soda fountain, in that trysting place for juvenile sweetheartings, the far corner of the post-office corridor.
She never invited any of these youthful squires of hers to her house; they kept rendezvous with her at the corner below and they parted from her at the gate. They somehow gathered, without being told it in so many words, that she was ashamed of the poverty of her home, and, boylike, they felt a dumb sympathy for her that she should be denied what so many girls had. But for all her sidewalk flirtations, she kept herself aloof from any touch of scandal; the very openness of her gaddings protected her from that. Besides, she seemed instinctively to know that if she meant to make the best possible bargain for herself in life she must keep herself unblemished – must give of her charms but not give too freely. Town gossips might call her a forward piece, as they did; jealousy among girls of her own age might have it that she was flip and fresh; but no one, with truth, might brand her as fast.
Having graduated with honors, she learned stenography
