up and down the sea-wall, night after night, during the hour of rest he appropriated to himself,—knowing that these things were accomplished, for in due time letters came informing him of the fulfilment of his wishes,—the surgeon had ample leisure for considering and reconsidering this case. It was one that would not stay disposed of. What adjournments were made! what exceptions were taken! and what appeals to higher courts were constantly being made!
As often as a scrawl came from Colonel Ames reporting progress, and the plans he and his sister were making, the deeds they were doing, the grand-jury was sworn and the surgeon arraigned before it; the chief justice came into court, and all the witnesses, and the accusation was read. Then the counsel for the defendant and the counsel for the plaintiff appeared. But, with every new trial of the case, new charges and new specifications were brought forward and made, and it was equal to being in chancery. If the war lasted through a generation, it was likely that the surgeon's suit would last as long.
This was as notable a divorce case as ever was made public.
On the plaintiff's behalf the argument ran thus: Here was a man, a gentleman by birth, education, and profession, legally united to a woman low-born, low-bred, and so ignorant that she could neither read nor write. He had come to the neighborhood where she lived, to the door of the very house she occupied, sick in body and in mind. Disappointments and ill-health had reduced him to the shadow of himself in person, and his mind, of course, shared his body's disaffection.
A sick person, as all experience in practice has proved over and over again, is hardly to be called a responsible being. Invalids love and hate without reason,—which is contrary, he said, as he stood in the presence of the court,—contrary to what is done among persons in sound health.
Under the shelter of her uncle's roof he had lain for weeks, sick of a fever. He was saved alive, but so as by fire. This girl waited on him through that time as a servant. He was thrown chiefly on her hands,—no other person could be spared to wait on the poor stranger. She comforted him. Her ways were not refined and gentle as if she had been taught refinement and tenderness by precept or example. She had strong good-sense. So far as she understood his orders, she obeyed them. When he could not give any, she made use of her own judgment, and sought first of all his comfort. She was kind. In her rough honesty and unwearied attention he found cause for gratitude.
Rising for the first time from his bed of sickness, he would have fallen if she had not lifted him and laid him back upon his bed. When he became strong enough to stand, but not without support, she gave him that support. She assisted him from the little room, and the little house when the walls became intolerable to him, and it happened to be in the early morning of a day so magnificent that it seemed another could never be made like it. He could not forget how the world looked that morning; how the waters shone; how the islands stood about; how the surrounding hills were arrayed in purple glory; how the birds sang. This land to which he was a stranger, which he had seen before only on that night when he came in the dark to her uncle's door, looked like Paradise to him; he gazed and gazed, and silent tears ran down his pale face through the furrows of his wasted cheeks. She saw them shining in his beard, and said something to soothe him in a comforting way, as any woman would have spoken who saw any creature in weakness and pain. The manner or the word, whatever it was, expressed a superiority of health, if of no other kind, and he was in no condition to investigate either its quality or its degree.
When, with voice feeble and broken as a sick child's, he thanked her for all she had done, and she answered that it was nothing but a pleasure, and he need not thank her, he did not forthwith forget that she had watched day and night over him for nearly two months; that many a time weariness so overpowered her that she sat and slept in the broad daylight, and looked paler than when he lay like a dead weight on her hands.
He remembered in court, and could not deny it, that when, believing that this was destiny as it was also pleasure, he asked the girl to marry him, she answered, "No,"—as if she did not trust what he said, that she was necessary to his happiness. She told him that he did not belong in Dalton, and that he would not be happy there with her and her people. He answered that all he desired to know was whether she loved him. By and by he was able to gather from the answers she gave, as well as failed to give, all he desired to know, and they were married.
And, since he was beginning life anew, it was shown in court, nothing of the old life should enter into this of Dalton. He buried his profession in the past, and undertook other labors,—labors like those of Uncle Elkins; he would abide on that level where he found himself on his recovery, and make no effort to lift his wife to that he had renounced. She was a child of Nature. He would learn life anew of her; but he failed of success in all his undertakings. Shall a man attempt to extenuate his failures? It seemed new to him; he acknowledged it in open court, that from the day of his entrance into Dalton to the day he left it, he was under some enchantment there. And if an insane man is not to be held responsible in law for his offences, he had the amplest title to a quitclaim deed from that which had grown out of the Dalton experience.
So the lower courts disposed of the case. He was free. But after a time the suit was carried up before superior powers, and thus the advocate for the defendant showed cause on the new trial.
She was living among the people of whom she had been born. In person she was attractive as any girl to be found on all the lake or hillside; a rosy-cheeked, fair-faced, fair-haired blue-eyed girl, with a frank voice and easy address. She had a "Hail fellow! well met!" for every man, woman, and child of the vicinity. She had lovers, all the way up from her childhood, rustic admirers, and one who looked at her from a not far distance, who dressed himself in his best and went to her uncle's house on Sundays and other holidays, and who was courting Nancy after his fashion, with all plans for their future marked out fully in his mind,—and these would have fulfilment if his suit were only successful; and in regard to that he had no fears or doubts.
Until this stranger came to Uncle Elkins's house! During his long sickness the young lover was helpful in many ways to Nancy. But he began to be suspicious by and by of the results of this much waiting. At last, before he was himself ready to do it, he asked Nancy to be his wife; but he was too late. She had "given her word" to the poor fellow whom she had lured back from Death's door.
The court was admonished to take cognizance of this fact, that, if Nancy had married the man in whom her heart had been interested up to the time when the stranger came, she would have married in her own sphere, a man of her own rank, and would have loved him as he did her, with an equal love; they would have lived out their lives, animating them with skirmishes and small warfare, and winning victories over each other, which would have proved disastrous as defeats to neither.
It would have been no high crime to such a man that Nancy was ignorant up and down through the range of knowledge; he would not have turned away in disgust from his endeavors to teach her, if she took it into her head to learn, though she dropped and regained the ambition through every winter of her life. He would have plodded on in his accustomed ways, would have protected his wife and child from starvation and cold, without imagining that a husband and father could retire from his position as such, or abrogate his duties. No vague expectations in regard to herself, no bitter disappointment in regard to him, would have attended her. The very changes in her character, which had made her not to be endured,—how far was he whose name she bore responsible for them? She had been accustomed to thrift and labor, she saw in him idleness and waste of power and life. She had exhausted the resources readiest to her hand in vain, and had only then given up her expectation.
It was not be denied that it was humiliation and wrath to live with her; but her husband had sought her,—she had not sought him! If he could plead for himself the force and constraint of circumstances, should not the same defence be set up for her? And what might not patience, and better management, and gentler and more noble demeanor towards her, have done for her? Was he the same man he was when he went away from Dalton? Was he the same man in Dalton that he had been in his youth? Was it not out of the pit that he
