pen flew out of his trembling hand. "I can't write," he said in despair that made other hands quick to aid him. A young lawyer at the next desk rapidly drew up the paper, and the Squire duly offered it to the clerk of the Court. The clerk stamped it with the file-mark of the Court, and returned it to the Squire, who read aloud the motion and affidavit, setting forth the facts of the defendant's failure to receive the notice in time to prepare for her defence, and of the accident which had contributed to delay her appearance, declaring that she had a just defence to the plaintiff's bill, and asking to be heard upon the facts.
Bartley's attorney was prompt to interpose again. He protested that the printed advertisement was sufficient notice to the defendant, whenever it came to her knowledge, or even if it never came to her knowledge, and that her plea of failure to receive it in time was not a competent excuse. This might be alleged in any case, and any delay of travel might be brought forward to account for non-appearance as plausibly as this trumped-up accident in which nobody was hurt. He did his best, which was also his worst, and the judge once more addressed the Squire, who stood waiting for Bartley's counsel to close. "I was about to adjourn the Court," said the judge, in that accent which is the gift of the South to some parts of the West; it is curiously soft and gentle, and expressive, when the speaker will, of a caressing deference. "But we have still some minutes before noon in which we can hear you in support of your motion, if you are ready."
"I am m-ready, your honor!" The old man's nasals cut across the judge's rounded tones, almost before they had ceased. His lips compressed themselves to a waving line, and his high hawk-beak came down over them; the fierce light burned in his cavernous eyes, and his grizzled hair erected itself like a crest. He swayed slightly back and forth at the table, behind which he stood, and paused as if waiting for his hate to gather head.
In this interval it struck several of the spectators, who had appreciative friends outside, that it was a pity they should miss the coming music, and they risked the loss of some strains themselves that they might step out and inform these dilettanti. One of them was stopped by a man at the door. "What's up, now?" The other impatiently explained; but the inquirer, instead of hurrying in to enjoy the fun, turned quickly about, and ran down the stairs. He crossed the street, and, by a system of alleys and byways, modestly made his way to the outlying fields of Tecumseh, which he traversed at heightened speed, plunging at last into the belt of timber beyond. This excursion, which had so much the appearance of a chase, was an exigency of the witness who had corroborated on oath the testimony of Bartley in regard to his wife's desertion. Such an establishment of facts, purely imaginary with the witness, was simple enough in the absence of rebutting testimony; but confronted with this, it became another affair; it had its embarrassments, its risks.
"M-ready," repeated Squire Gay lord, "m-ready with facts and witnesses!" The word, in which he exulted till it rang and echoed through the room, drew the eyes of all to the little group on the bench next the bar, where Marcia, heavily veiled in the black which she had worn ever since Bartley's disappearance, sat with Halleck and Olive. The little girl, spent with her long journey, rested her head on her mother's lap, and the mother's hand tremulously smoothed her hair, and tried to hush the grieving whisper in which she incessantly repeated, "Where is papa? I want to see papa!"
Olive looked straight before her, and Halleck's eyes were fixed upon the floor. After the first glance at them Bartley did not lift his head, but held it bent forward where he sat, and showed only a fold of fat red neck above his coat-collar. Marcia might have seen his face in that moment before it blanched and he sank into his chair; she did not look toward him again.
"Mr. Sheriff, keep silence in the Court!" ordered the judge, in reprimand of the stir that ensued upon the general effort to catch sight of the witnesses.
"Silence in the Court! Keep your seats, gentlemen!" cried the sheriff.
"And I thank the Court," resumed the Squire, "for this immediate opportunity to redress an atrocious wrong, and to vindicate an innocent and injured woman. Sir, I think it will prejudice our cause with no one, when I say that we are here not only in the relation of attorney and client, but in that of father and daughter, and that I stand in this place singularly and sacredly privileged to demand justice for my own child!"
"Order, order!" shouted the sheriff. But he could not quell the sensation that followed; the point had been effectively made, and it was some moments before the noise of the people beginning to arrive from the outside permitted the Squire to continue. He waited, with one lean hand hanging at his side, and the other resting in a loosely folded fist on the table before him. He took this fist up as if it were some implement he had laid hold of, and swung it in the air.
"By a chance which I shall not be the last to describe as providential,"—he paused, and looked round the room as if defying any one there to challenge the sincerity of his assertion,—"the notice, which your law requires to be given by newspaper advertisement to the non-resident defendant in such a case as this, came, by one chance in millions, to her hand. By one chance more or less, it would not have reached her, and a monstrous crime against justice would have been irrevocably accomplished. For she had mourned this man as dead,—dead to the universal frame of things, when he was only dead to honor, dead to duty, and dead to her; and it was that newspaper, sent almost at random through the mail, and wandering from hand to hand, and everywhere rejected, for weeks, before it reached her at last, which convinced her that he was still in such life as a man may live who has survived his own soul. We are therefore here, standing upon our right, and prepared to prove it God's right, and the everlasting truth. Two days ago, a thousand miles and a thousand uncertainties intervened between us and this right, but now we are here to show that the defendant, basely defamed by the plea of abandonment, returned to her home within an hour after she had parted there with the plaintiff, and has remained there day and night ever since." He stopped. "Did I say she had never absented herself during all this time? I was wrong. I spoke hastily. I forgot." He dropped his voice. "She did absent herself at one time,—for three days,—while she could come home to close her mother's dying eyes, and help me to lay her in the grave!" He tried to close his lips firmly again, but the sinuous line was broken by a convulsive twitching. "Perhaps," he resumed with the utmost gentleness, "the plaintiff returned in this interval, and, finding her gone, was confirmed in his belief that she had abandoned him."
He felt blindly about on the table with his trembling hands, and his whole figure had a pathos that gave the old dress-coat statuesque dignity. The spectators quietly changed their places, and occupied the benches near him, till Bartley was left sitting alone with his counsel. We are beginning to talk here at the East of the decline of oratory; but it is still a passion in the West, and his listeners now clustered about the Squire in keen appreciation of his power; it seemed to summon even the loiterers in the street, whose ascending tramp on the stairs continually made itself heard; the lawyers, the officers of the court, the judge, forgot their dinner, and posed themselves anew in their chairs to listen.
No doubt the electrical sphere of sympathy and admiration penetrated to the old man's consciousness. When he pulled off his black satin stock—the relic of ancient fashion which the piety of his daughter kept in repair—and laid it on the table, there was a deep inarticulate murmur of satisfaction which he could not have mistaken. His voice rose again:—
"If the plaintiff indeed came at that time, the walls of those empty rooms, into which he peered like a thief in the night, might have told him—if walls had tongues to speak as they have ears to hear—a tale that would have melted even his heart with remorse and shame. They might have told him of a woman waiting in hunger and cold for his return, and willing to starve and freeze, rather than own herself forsaken,—waiting till she was hunted from her door by the creditors whom he had defrauded, and forced to confess her disgrace and her despair, in order to save herself from the unknown terrors of the law, invoked upon her innocent head by his villany. This is the history of the first two weeks of those two years, during which, as his perjured lips have sworn, he was using every effort to secure her return to him. I will
