Don Lane arose, half hesitatingly. "Your Honor," said he, "I presume I am the defendant in this case, although I hardly know what it"s all about. I haven"t any lawyer--I don"t know anybody here--I"m just in town. All this has come on me very suddenly, and I haven"t had time to look around. I don"t see how I am guilty of anything----"
[Ill.u.s.tration: "Your Honor," said he, "I presume I am the defendant in this case."]
Just then arose the soft and kindly tones of a large voice which easily filled all the room. Old Hod Brooks half rose.
"Your Honor," said he, "it isn"t customary for a member of the bar to offer his services unsolicited. I would say, however, that if the Court desires to appoint me as counsel for this young man I will do the best I can for him, since he seems a stranger here and unprepared for a defense at law. If there were any other younger lawyer here I would not suggest this course to your Honor--indeed, I have no right to do so now. I trust, however,"--and he smiled at Judge Henderson at the other end of the table--"that my learned brother will not accuse me of champerty, maintenance, or any other offense against my office as a servant of justice in this community. Of course, I may add, your Honor"--he turned to Justice Blackman again--"that in such circ.u.mstances my own services, such as they are, would be rendered entirely free of charge."
People wondered, turning curious looks on the big, gaunt speaker thus suddenly offering himself as champion in a role evidently unpopular.
Justice Blackman hesitated, and cast again a glance of query at Judge Henderson, on whom he much relied in all decisions. The latter waved a hand of impatient a.s.sent, and began to whisper with his clerk.
"The Court will allow this procedure," said Justice Blackman. "Does the defendant accept Mr. Brooks as counsel?"
Don Lane, embarra.s.sed and somewhat red of face, half rose again, meeting full the fascinated, absorbed look on the face of Hod Brooks--a look which the keen eye of Henderson also saw. He puckered a lip and frowned estimatingly. Rumor said that Old Hod Brooks was going to come out as candidate for U. S. Senator on the opposing ticket. Henderson began now to speculate as to what he could do with Hod Brooks, if ever they should meet on the hustings. He studied him now as a boxer, none too certain of himself, studies his antagonist when he strips and goes to his corner opposite in the ring.
"Your Honor," said Don, "I don"t know this gentleman, but what he says seems to me most kind. I surely shall be glad to have his a.s.sistance now." He did not look at his mother"s face, did not see the quick look with which Hod Brooks turned from him to her.
"Does my learned brother require time for preparation of his case?"
inquired Judge Henderson sarcastically. "I will agree to a brief recess of the Court in such case."
"Oh, not at all, not at all," said Old Hod Brooks. "I know all about this case, better than my learned brother does. Not having any special interest in anything but this case--that is to say, not any alien interest, political or otherwise--I am ready to go to trial right now to defend this young man. If Judge Henderson will move his chair so he can get a better look at his own picture on the wall, I don"t see but what we might as well begin the trial."
Certain smiles pa.s.sed over the faces of a few in the audience as they saw the quick flush spring to the face of Judge Henderson. The chief delight in life of Old Hod Brooks was to bait his learned brother by some such jibes as this, whenever the fortunes of the law brought them together on opposing sides.
Judge Henderson coughed. "Your Honor," said he hastily, "I am glad that in the course of justice this young man has secured counsel--even counsel such as that of my learned brother--who also, I am informed, is not beyond aspirations of a political nature. I have no time for idle jests. If the defense is ready I may perhaps state briefly what we propose to prove."
"By criminy!" whispered Silas to Aaron at the hall door, peering in. "By criminy! I believe Old Hod"s got him rattled right now!"
But Judge Henderson pulled himself together. He now a.s.sumed his regular oratorical position, an eye upon his audience.
"Your Honor," he said, "this case is very plain and simple. The quiet of our city has been violated by this young man, who has publicly a.s.saulted one of our best-known citizens."
"Which one do you mean?" interrupted Hod Brooks, most unethically, and smiling behind his hand. "Which do you mean, the old drunkard or the young idiot?"
"Order in the court!" rapped Blackman, as still further smiles and shufflings became apparent at the rear of the room. Judge Henderson went on, flushing yet more.
"My client, your Honor," he said, "was standing peacefully in the public square, accompanied by his son. They were beaten up, both of them, by this young man who has been brought into this court by our properly const.i.tuted officer of the law. Without any provocation whatever, this defendant inflicted great personal injury upon my client."
"We will make Eph"s face "Exhibit A," and let it go into evidence,"
smiled Hod Brooks amicably; and the audience smiled and shuffled yet more.
"As to the unlawful detention of the son of my client," resumed Judge Henderson, beet-red now, "we have chosen the remedy of _habeas corpus_ rather than a simple discharge, because we wish to bring before our people the full enormity of the offense which has been committed here in the public view, actually upon the grounds of our temple of justice. We shall show----"
"Your Honor," interrupted old Hod Brooks at this point, half rising, "if this were a political gathering indeed, and not the trial of a cause in a justice court, I would rise to a point of order. As it is, I rise to a point of law."
"State your point," said Justice Blackman.
"We are trying, as I understand it, the case of this defendant, Dewdonny Lane, accused by this plaintiff, Ephraim Adamson, of a.s.sault and battery?"
Justice Blackman nodded gravely.
"Then why does my learned brother speak of _habeas corpus_ in this case, and what is the case which he is trying, or thinks he is trying? What is his evidence going to be? And why does he not get on?"
"Your Honor," blazed Henderson, "I shall not endure this sort of thing."
"Oh, yes, you will, my learned brother," said Hod Brooks, still smiling gently. If Henderson had other resources, he needed them now, for keenly enough he sensed himself as slipping in this battle of wits before a.s.sembled electors; and it really was politics alone that had brought him here--he scented a crowd afar off. He now lost his temper utterly.
"If the Court will excuse us for a brief moment of recess," said he savagely, "I should like to ask the privilege of a brief personal consultation with the attorney for the defense. If he will retire with me for just a moment I"ll make him eat his words! After that we can better shape these proceedings."
The blue eye that Hod Brooks turned upon his opponent was calmly inquiring, but wholly fearless. On the other hand, some sudden idea seemed to strike him now. He resolved to change his tactics. He was shrewd enough to know that, irritated beyond a certain point, Henderson would fight his case hard; and Hod Brooks did not want to lose this case.
Henderson, with a little wave of the hand, his face livid in anger, edged away from the table of the Justice of the Peace. Hod Brooks followed him out into the hall.
"Order in the court!" intoned the Justice yet again. There was a rush toward the door. "There now, go back, men," said Hod Brooks, raising a hand. "There"s not going to be any fight. Let us two alone--we want to talk, that"s all."
Don Lane looked steadily at the face of Justice Blackman. Aurora Lane stared ahead, still icy pale, her hand clasped in that of Miss Julia"s.
She felt, rather than saw, the gazes of all these others boring into her very soul. Here were her enemies--here in what had been her home. It seemed an hour to her before at length those standing about the door shuffled apart to allow the two forensic enemies to reenter, though really it had not been above ten minutes. Neither man bore any traces of personal combat. The face of Judge Henderson was a shade triumphant--strangely enough, since now he was to admit his own defeat.
"I tell you, I heard the whole business," said old Silas later on to his crony, who owned to a certain defect in one ear in hot weather such as this. "I heard the whole business. There wasn"t no fight at all--not that neither of them seemed a bit a-scared. Hod, he raises a hand, and that made the Judge slow down.
""It"s what you might expect, Judge," says Hod, for appearing in a measly little justice court case." He"s got a mighty nasty way of smiling, Hod has. But scared? No. Not none.
""I"ll fight this case as long as you like," says the Judge, "and I"ll win it, too."
""Maybe, maybe, Judge," says Hod. "But they"s more ways than one of skinning a cat. Suppose you do win it, what"ve you won? It"s all plumb wrong anyhow, and it orto be stopped. These people all orto go on home."
""So you want to try the case here, huh?" says the Judge; and says Hod:
""That"s just what I do. I mean I don"t want to try it none at all. I"ve got various reasons, beside, why I don"t want to try this case, or have it tried. Are you a good guesser?" I didn"t know what he meant by that.
""What"re you getting at?" says the Judge. "I know you"ve got something hid. There"s a sleeper in here somewheres."
""Well, let it stay hid," says Hod. "But one thing is sure, you ain"t hiding it none that you"re out for Senator?"
""Why should I? I"ll win it, too," says the Judge.
""Maybe, maybe," says Hod. "All I was going to say was, maybe you"d like to have me help you, say left-handed, thataway? Even left-handed help is some good."
""What do you mean, Hod?" says he. "They tell me you"re mentioned strong for the other ticket and are out after the place your own self?" He takes a kind of look-over at Hod, no collar nor nothing, and that sleazy coat of his"n.
""That"s so," says Hod. "I"ve got a chance anyhow. Even every bad-chance candidate out of your way is so much to the candy for you, Judge, ain"t it so?" says he.
""Say now, you don"t mean you"d talk of withdrawing?" Judge Henderson he was all lit up when he says this. "On what terms?" says he. "Of course, there"s terms of some sort."
""Easiest terms in the world," says Hod--though I don"t think it was easy for him to say it, for he"s got as good a chance as the Judge, like enough. But he says, "Easiest sort of terms," and laughs.
""Talk fast," says the Judge.