Openings in the Old Trail

“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,STARBOTTLE AND STRYKER.

This he sealed and dispatched by his trusted servant Jim, and then devoted a few moments to reflection. It was the custom of the Colonel to act first, and justify the action by reason afterwards.

He knew that Hotchkiss would at once lay the matter before rival counsel. He knew that they would advise him that Miss Hooker had “no case”—that she would be nonsuited on her own evidence, and he ought not to compromise, but be ready to stand trial. He believed, however, that Hotchkiss feared such exposure, and although his own instincts had been at first against this remedy, he was now instinctively in favor of it. He remembered his own power with a jury; his vanity and his chivalry alike approved of this heroic method; he was bound by no prosaic facts—he had his own theory of the case, which no mere evidence could gainsay. In fact, Mrs. Hooker’s admission that he was to “tell the story in his own way” actually appeared to him an inspiration and a prophecy.

Perhaps there was something else, due possibly to the lady’s wonderful eyes, of which he had thought much. Yet it was not her simplicity that affected him solely; on the contrary, it was her apparent intelligent reading of the character of her recreant lover—and of his own! Of all the Colonel’s previous “light” or “serious” loves, none had ever before flattered him in that way. And it was this, combined with the respect which he had held for their professional relations, that precluded his having a more familiar knowledge of his client, through serious questioning or playful gallantry. I am not sure it was not part of the charm to have a rustic femme incomprise as a client.

Nothing could exceed the respect with which he greeted her as she entered his office the next day. He even affected not to notice that she had put on her best clothes, and he made no doubt appeared as when she had first attracted the mature yet faithless attentions of Deacon Hotchkiss at church. A white virginal muslin was belted around her slim figure by a blue ribbon, and her Leghorn hat was drawn around her oval cheek by a bow of the same color. She had a Southern girl’s narrow feet, encased in white stockings and kid slippers, which were crossed primly before her as she sat in a chair, supporting her arm by her faithful parasol planted firmly on the floor. A faint odor of southernwood exhaled from her, and, oddly enough, stirred the Colonel with a far-off recollection of a pine-shaded Sunday-school on a Georgia hillside, and of his first love, aged ten, in a short starched frock. Possibly it was the same recollection that revived something of the awkwardness he had felt then.

He, however, smiled vaguely, and sitting down, coughed slightly, and placed his finger-tips together. “I have had an—er—interview with Mr. Hotchkiss, but—I—er—regret to say there seems to be no prospect of—er—compromise.”

He paused, and to his surprise her listless “company” face lit up with an adorable smile. “Of course!—ketch him!” she said. “Was he mad when you told him?” She put her knees comfortably together and leaned forward for a reply.

For all that, wild horses could not have torn from the Colonel a word about Hotchkiss’s anger. “He expressed his intention of employing counsel—and defending a suit,” returned the Colonel, affably basking in her smile.

She dragged her chair nearer his desk. “Then you’ll fight him tooth and nail?” she asked eagerly; “you’ll show him up? You’ll tell the whole story your own way? You’ll give him fits?—and you’ll make him pay? Sure?” she went on breathlessly.

“I—er—will,” said the Colonel, almost as breathlessly.

She caught his fat white hand, which was lying on the table, between her own and lifted it to her lips. He felt her soft young fingers even through the lisle-thread gloves that encased them, and the warm moisture of her lips upon his skin. He felt himself flushing—but was unable to break the silence or change his position. The next moment she had scuttled back with her chair to her old position.

“I—er—certainly shall do my best,” stammered the Colonel, in an attempt to recover his dignity and composure.

“That’s enough! You’ll do it,” said she enthusiastically. “Lordy! Just you talk for ME as ye did for HIS old Ditch Company, and you’ll fetch it—every time! Why, when you made that jury sit up the other day—when you got that off about the Merrikan flag waving equally over the rights of honest citizens banded together in peaceful commercial pursuits, as well as over the fortress of official proflig—”

“Oligarchy,” murmured the Colonel courteously.

–“oligarchy,” repeated the girl quickly, “my breath was just took away. I said to maw, ‘Ain’t he too sweet for anything!’ I did, honest Injin! And when you rolled it all off at the end—never missing a word (you didn’t need to mark ‘em in a lesson-book, but had ‘em all ready on your tongue)—and walked out—Well! I didn’t know you nor the Ditch Company from Adam, but I could have just run over and kissed you there before the whole court!”

She laughed, with her face glowing, although her strange eyes were cast down. Alack! the Colonel’s face was equally flushed, and his own beady eyes were on his desk. To any other woman he would have voiced the banal gallantry that he should now, himself, look forward to that reward, but the words never reached his lips. He laughed, coughed slightly, and when he looked up again she had fallen into the same attitude as on her first visit, with her parasol point on the floor.

“I must ask you to—er—direct your memory to—er—another point: the breaking off of the—er—er—er—engagement. Did he—er—give any reason for it? Or show any cause?”

“No; he never said anything,” returned the girl.

“Not in his usual way?—er—no reproaches out of the hymn-book?—or the sacred writings?”

“No; he just QUIT.”

“Er—ceased his attentions,” said the Colonel gravely. “And naturally you—er—were not conscious of any cause for his doing so.”

The girl raised her wonderful eyes so suddenly and so penetratingly without replying in any other way that the Colonel could only hurriedly say: “I see! None, of course!”

At which she rose, the Colonel rising also. “We—shall begin proceedings at once. I must, however, caution you to answer no questions, nor say anything about this case to any one until you are in court.”

She answered his request with another intelligent look and a nod. He accompanied her to the door. As he took her proffered hand, he raised the lisle-thread fingers to his lips with old-fashioned gallantry. As if that act had condoned for his first omissions and awkwardness, he became his old-fashioned self again, buttoned his coat, pulled out his shirt frill, and strutted back to his desk.

A day or two later it was known throughout the town that Zaidee Hooker had sued Adoniram Hotchkiss for breach of promise, and that the damages were laid at five thousand dollars. As in those bucolic days the Western press was under the secure censorship of a revolver, a cautious tone of criticism prevailed, and any gossip was confined to personal expression, and even then at the risk of the gossiper. Nevertheless, the situation provoked the intensest curiosity. The Colonel was approached—until his statement that he should consider any attempt to overcome his professional secrecy a personal reflection withheld further advances. The community were left to the more ostentatious information of the defendant’s counsel, Messrs. Kitcham and Bilser, that the case was “ridiculous” and “rotten,” that the plaintiff would be nonsuited, and the fire-eating Starbottle would be taught a lesson that he could not “bully” the law, and there were some dark hints of a conspiracy. It was even hinted that the “case” was the revengeful and preposterous outcome of the refusal of Hotchkiss to pay Starbottle an extravagant fee for his late services to the Ditch Company. It is unnecessary to say that these words were not reported to the Colonel. It was, however, an unfortunate circumstance for the calmer, ethical consideration of the subject that the Church sided with Hotchkiss, as this provoked an equal adherence to the plaintiff and Starbottle on the part of the larger body of non-churchgoers, who were delighted at a possible exposure of the weakness of religious rectitude. “I’ve allus had my suspicions o’ them early candle-light meetings down at that gospel shop,” said one critic, “and I reckon Deacon Hotchkiss didn’t rope in the gals to attend jest for psalm-singing.” “Then for him to get up and leave the board afore the game’s finished and try to sneak out of it,” said an other,—“I suppose that’s what they call RELIGIOUS.”

It was therefore not remarkable that the court-house three weeks later was crowded with an excited multitude of the curious and sympathizing. The fair plaintiff, with her mother, was early in attendance, and under the Colonel’s advice appeared in the same modest garb in which she had first visited his office. This and her downcast, modest demeanor were perhaps at first disappointing to the crowd, who had evidently expected a paragon of loveliness in this Circe of that grim, ascetic defendant, who sat beside his counsel. But presently all eyes were fixed on the Colonel, who certainly made up in his appearance any deficiency of his fair client. His portly figure was clothed in a blue dress coat with brass buttons, a buff waistcoat which permitted his frilled shirt-front to become erectile above it, a black satin stock which confined a boyish turned-down collar around his full neck, and immaculate drill trousers, strapped over varnished boots. A murmur ran round the court. “Old ‘Personally Responsible’ has got his war-paint on;” “The Old War-Horse is smelling powder,” were whispered comments. Yet for all that, the most irreverent among them recognized vaguely, in this bizarre figure, something of an honored past in their country’s history, and possibly felt the spell of old deeds and old names that had once thrilled their boyish pulses. The new District Judge returned Colonel Starbottle’s profoundly punctilious bow. The Colonel was followed by his negro servant, carrying a parcel of hymn-books and Bibles, who, with a courtesy evidently imitated from his master, placed one before the opposite counsel. This, after a first curious glance, the lawyer somewhat superciliously tossed aside. But when Jim, proceeding to the jury-box, placed with equal politeness the remaining copies before the jury, the opposite counsel sprang to his feet.

“I want to direct the attention of the Court to this unprecedented tampering with the jury, by this gratuitous exhibition of matter impertinent and irrelevant to the issue.”

The Judge cast an inquiring look at Colonel Starbottle.

“May it please the Court,” returned Colonel Starbottle with dignity, ignoring the counsel, “the defendant’s counsel will observe that he is already furnished with the matter—which I regret to say he has treated—in the presence of the Court—and of his client, a deacon of the church—with—er—great superciliousness. When I state to your Honor that the books in question are hymn-books and copies of the Holy Scriptures, and that they are for the instruction of the jury, to whom I shall have to refer them in the course of my opening, I believe I am within my rights.”

“The act is certainly unprecedented,” said the Judge dryly, “but unless the counsel for the plaintiff expects the jury to SING from these hymn-books, their introduction is not improper, and I cannot admit the objection. As defendant’s counsel are furnished with copies also, they cannot plead ‘surprise,’ as in the introduction of new matter, and as plaintiff’s counsel relies evidently upon the jury’s attention to his opening, he would not be the first person to distract it.” After a pause he added, addressing the Colonel, who remained standing, “The Court is with you, sir; proceed.”

But the Colonel remained motionless and statuesque, with folded arms.

“I have overruled the objection,” repeated the Judge; “you may go on.”

“I am waiting, your Honor, for the—er—withdrawal by the defendant’s counsel of the word ‘tampering,’ as refers to myself, and of ‘impertinent,’ as refers to the sacred volumes.”

“The request is a proper one, and I have no doubt will be acceded to,” returned the Judge quietly. The defendant’s counsel rose and mumbled a few words of apology, and the incident closed. There was, however, a general feeling that the Colonel had in some way “scored,” and if his object had been to excite the greatest curiosity about the books, he had made his point.

But impassive of his victory, he inflated his chest, with his right hand in the breast of his buttoned coat, and began. His usual high color had paled slightly, but the small pupils of his prominent eyes glittered like steel. The young girl leaned forward in her chair with an attention so breathless, a sympathy so quick, and an admiration so artless and unconscious that in an instant she divided with the speaker the attention of the whole assemblage. It was very hot; the court was crowded to suffocation; even the open windows revealed a crowd of faces outside the building, eagerly following the Colonel’s words.

He would remind the jury that only a few weeks ago he stood there as the advocate of a powerful Company, then represented by the present defendant. He spoke then as the champion of strict justice against legal oppression; no less should he to-day champion the cause of the unprotected and the comparatively defenseless—save for that paramount power which surrounds beauty and innocence—even though the plaintiff of yesterday was the defendant of to-day. As he approached the court a moment ago he had raised his eyes and beheld the starry flag flying from its dome, and he knew that glorious banner was a symbol of the perfect equality, under the Constitution, of the rich and the poor, the strong and the weak—an equality which made the simple citizen taken from the plough in the field, the pick in the gulch, or from behind the counter in the mining town, who served on that jury, the equal arbiters of justice with that highest legal luminary whom they were proud to welcome on the bench to-day. The Colonel paused, with a stately bow to the impassive Judge. It was this, he continued, which lifted his heart as he approached the building. And yet—he had entered it with an uncertain—he might almost say—a timid step. And why? He knew, gentlemen, he was about to confront a profound—aye! a sacred responsibility! Those hymn-books and holy writings handed to the jury were NOT, as his Honor had surmised, for the purpose of enabling the jury to indulge in—er—preliminary choral exercise! He might, indeed, say, “Alas, not!” They were the damning, incontrovertible proofs of the perfidy of the defendant. And they would prove as terrible a warning to him as the fatal characters upon Belshazzar’s wall. There was a strong sensation. Hotchkiss turned a sallow green. His lawyers assumed a careless smile.

It was his duty to tell them that this was not one of those ordinary “breach-of-promise” cases which were too often the occasion of ruthless mirth and indecent levity in the court-room. The jury would find nothing of that here. There were no love-letters with the epithets of endearment, nor those mystic crosses and ciphers which, he had been credibly informed, chastely hid the exchange of those mutual caresses known as “kisses.” There was no cruel tearing of the veil from those sacred privacies of the human affection; there was no forensic shouting out of those fond confidences meant only for ONE. But there was, he was shocked to say, a new sacrilegious intrusion. The weak pipings of Cupid were mingled with the chorus of the saints,—the sanctity of the temple known as the “meeting—house” was desecrated by proceedings more in keeping with the shrine of Venus; and the inspired writings themselves were used as the medium of amatory and wanton flirtation by the defendant in his sacred capacity as deacon.

The Colonel artistically paused after this thunderous denunciation. The jury turned eagerly to the leaves of the hymn-books, but the larger gaze of the audience remained fixed upon the speaker and the girl, who sat in rapt admiration of his periods. After the hush, the Colonel continued in a lower and sadder voice: “There are, perhaps, few of us here, gentlemen,—with the exception of the defendant,—who can arrogate to themselves the title of regular church-goers, or to whom these humbler functions of the prayer-meeting, the Sunday-school, and the Bible-class are habitually familiar. Yet”—more solemnly—“down in our hearts is the deep conviction of our shortcomings and failings, and a laudable desire that others, at least, should profit by the teachings we neglect. Perhaps,” he continued, closing his eyes dreamily, “there is not a man here who does not recall the happy days of his boyhood, the rustic village spire, the lessons shared with some artless village maiden, with whom he later sauntered, hand in hand, through the woods, as the simple rhyme rose upon their lips,—

     ‘Always make it a point to have it a rule,     Never to be late at the Sabbath-school.’

“He would recall the strawberry feasts, the welcome annual picnic, redolent with hunks of gingerbread and sarsaparilla. How would they feel to know that these sacred recollections were now forever profaned in their memory by the knowledge that the defendant was capable of using such occasions to make love to the larger girls and teachers, whilst his artless companions were innocently—the Court will pardon me for introducing what I am credibly informed is the local expression—‘doing gooseberry’?” The tremulous flicker of a smile passed over the faces of the listening crowd, and the Colonel slightly winced. But he recovered himself instantly, and continued,—

“My client, the only daughter of a widowed mother—who has for years stemmed the varying tides of adversity, in the western precincts of this town—stands before you to-day invested only in her own innocence. She wears no—er—rich gifts of her faithless admirer—is panoplied in no jewels, rings, nor mementos of affection such as lovers delight to hang upon the shrine of their affections; hers is not the glory with which Solomon decorated the Queen of Sheba, though the defendant, as I shall show later, clothed her in the less expensive flowers of the king’s poetry. No, gentlemen! The defendant exhibited in this affair a certain frugality of—er—pecuniary investment, which I am willing to admit may be commendable in his class. His only gift was characteristic alike of his methods and his economy. There is, I understand, a certain not unimportant feature of religious exercise known as ‘taking a collection.’ The defendant, on this occasion, by the mute presentation of a tin plate covered with baize, solicited the pecuniary contributions of the faithful. On approaching the plaintiff, however, he himself slipped a love-token upon the plate and pushed it towards her. That love-token was a lozenge—a small disk, I have reason to believe, concocted of peppermint and sugar, bearing upon its reverse surface the simple words, ‘I love you!’ I have since ascertained that these disks may be bought for five cents a dozen—or at considerably less than one half cent for the single lozenge. Yes, gentlemen, the words ‘I love you!’—the oldest legend of all; the refrain ‘when the morning stars sang together’—were presented to the plaintiff by a medium so insignificant that there is, happily, no coin in the republic low enough to represent its value.

“I shall prove to you, gentlemen of the jury,” said the Colonel solemnly, drawing a Bible from his coat-tail pocket, “that the defendant for the last twelve months conducted an amatory correspondence with the plaintiff by means of underlined words of Sacred Writ and church psalmody, such as ‘beloved,’ ‘precious,’ and ‘dearest,’ occasionally appropriating whole passages which seemed apposite to his tender passion. I shall call your attention to one of them. The defendant, while professing to be a total abstainer,—a man who, in my own knowledge, has refused spirituous refreshment as an inordinate weakness of the flesh,—with shameless hypocrisy underscores with his pencil the following passage, and presents it to the plaintiff. The gentlemen of the jury will find it in the Song of Solomon, page 548, chapter ii. verse 5.” After a pause, in which the rapid rustling of leaves was heard in the jury-box, Colonel Starbottle declaimed in a pleading, stentorian voice, “‘Stay me with—er—FLAGONS, comfort me with—er—apples—for I am—er—sick of love.’ Yes, gentlemen!—yes, you may well turn from those accusing pages and look at the double-faced defendant. He desires—to—er—be—‘stayed with flagons’! I am not aware at present what kind of liquor is habitually dispensed at these meetings, and for which the defendant so urgently clamored; but it will be my duty, before this trial is over, to discover it, if I have to summon every barkeeper in this district. For the moment I will simply call your attention to the QUANTITY. It is not a single drink that the defendant asks for—not a glass of light and generous wine, to be shared with his inamorata, but a number of flagons or vessels, each possibly holding a pint measure—FOR HIMSELF!”

The smile of the audience had become a laugh. The Judge looked up warningly, when his eye caught the fact that the Colonel had again winced at this mirth. He regarded him seriously. Mr. Hotchkiss’s counsel had joined in the laugh affectedly, but Hotchkiss himself sat ashy pale. There was also a commotion in the jury-box, a hurried turning over of leaves, and an excited discussion.

“The gentlemen of the jury,” said the Judge, with official gravity, “will please keep order and attend only to the speeches of counsel. Any discussion HERE is irregular and premature, and must be reserved for the jury-room after they have retired.”

The foreman of the jury struggled to his feet. He was a powerful man, with a good-humored face, and, in spite of his unfelicitous nickname of “The Bone-Breaker,” had a kindly, simple, but somewhat emotional nature. Nevertheless, it appeared as if he were laboring under some powerful indignation.

“Can we ask a question, Judge?” he said respectfully, although his voice had the unmistakable Western American ring in it, as of one who was unconscious that he could be addressing any but his peers.

“Yes,” said the Judge good-humoredly.

“We’re finding in this yere piece, out o’ which the Kernel hes just bin a-quotin’, some language that me and my pardners allow hadn’t orter be read out afore a young lady in court, and we want to know of you—ez a fa’r-minded and impartial man—ef this is the reg’lar kind o’ book given to gals and babies down at the meetin’-house.”

“The jury will please follow the counsel’s speech without comment,” said the Judge briefly, fully aware that the defendant’s counsel would spring to his feet, as he did promptly.

“The Court will allow us to explain to the gentlemen that the language they seem to object to has been accepted by the best theologians for the last thousand years as being purely mystic. As I will explain later, those are merely symbols of the Church”—

“Of wot?” interrupted the foreman, in deep scorn.

“Of the Church!”

“We ain’t askin’ any questions o’ YOU, and we ain’t takin’ any answers,” said the foreman, sitting down abruptly.

“I must insist,” said the Judge sternly, “that the plaintiff’s counsel be allowed to continue his opening without interruption. You” (to defendant’s counsel) “will have your opportunity to reply later.”