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- Openings in the Old Trail - 6/35 -


quietly.

The boy drew back. "To get him out of the way," added Hamlin explanatorily. "When he gets it, lightning wouldn't keep him here. Now, how to send it," he said thoughtfully.

"You might leave it at the post-office," said Leonidas timidly. "He always goes there to watch his wife's letters."

For the first time in their interview Mr. Hamlin distinctly laughed.

"Your head is level, Leo, and I'll do it. Now the best thing you can do is to follow Mrs. Burroughs's advice. Quit going to the house for a day or two." He walked towards his horse. The boy's face sank, but he kept up bravely. "And will I see you again?" he said wistfully.

Mr. Hamlin lowered his face so near the boy's that Leonidas could see himself in the brown depths of Mr. Hamlin's eyes. "I hope you will," he said gravely. He mounted, shook the boy's hand, and rode away in the lengthening shadows. Then Leonidas walked sadly home.

There was no need for him to keep his promise; for the next morning the family were stirred by the announcement that Mr. and Mrs. Burroughs had left Casket Ridge that night by the down stage for Sacramento, and that the house was closed. There were various rumors concerning the reason of this sudden departure, but only one was persistent, and borne out by the postmaster. It was that Mr. Burroughs had received that afternoon an anonymous note that his wife was about to elope with the notorious San Francisco gambler, Jack Hamlin.

But Leonidas Boone, albeit half understanding, kept his miserable secret with a still hopeful and trustful heart. It grieved him a little that William Henry was found a few days later dead, with his head crushed. Yet it was not until years later, when he had made a successful "prospect" on Casket Ridge, that he met Mr. Hamlin in San Francisco, and knew how he had played the part of Mercury upon that "heaven-kissing hill."

COLONEL STARBOTTLE FOR THE PLAINTIFF

It had been a day of triumph for Colonel Starbottle. First, for his personality, as it would have been difficult to separate the Colonel's achievements from his individuality; second, for his oratorical abilities as a sympathetic pleader; and third, for his functions as the leading legal counsel for the Eureka Ditch Company versus the State of California. On his strictly legal performances in this issue I prefer not to speak; there were those who denied them, although the jury had accepted them in the face of the ruling of the half amused, half cynical Judge himself. For an hour they had laughed with the Colonel, wept with him, been stirred to personal indignation or patriotic exaltation by his passionate and lofty periods,--what else could they do than give him their verdict? If it was alleged by some that the American eagle, Thomas Jefferson, and the Resolutions of '98 had nothing whatever to do with the contest of a ditch company over a doubtfully worded legislative document; that wholesale abuse of the State Attorney and his political motives had not the slightest connection with the legal question raised--it was, nevertheless, generally accepted that the losing party would have been only too glad to have the Colonel on their side. And Colonel Starbottle knew this, as, perspiring, florid, and panting, he rebuttoned the lower buttons of his blue frock-coat, which had become loosed in an oratorical spasm, and readjusted his old-fashioned, spotless shirt frill above it as he strutted from the court-room amidst the handshakings and acclamations of his friends.

And here an unprecedented thing occurred. The Colonel absolutely declined spirituous refreshment at the neighboring Palmetto Saloon, and declared his intention of proceeding directly to his office in the adjoining square. Nevertheless, the Colonel quitted the building alone, and apparently unarmed, except for his faithful gold-headed stick, which hung as usual from his forearm. The crowd gazed after him with undisguised admiration of this new evidence of his pluck. It was remembered also that a mysterious note had been handed to him at the conclusion of his speech,--evidently a challenge from the State Attorney. It was quite plain that the Colonel--a practiced duelist--was hastening home to answer it.

But herein they were wrong. The note was in a female hand, and simply requested the Colonel to accord an interview with the writer at the Colonel's office as soon as he left the court. But it was an engagement that the Colonel--as devoted to the fair sex as he was to the "code"--was no less prompt in accepting. He flicked away the dust from his spotless white trousers and varnished boots with his handkerchief, and settled his black cravat under his Byron collar as he neared his office. He was surprised, however, on opening the door of his private office, to find his visitor already there; he was still more startled to find her somewhat past middle age and plainly attired. But the Colonel was brought up in a school of Southern politeness, already antique in the republic, and his bow of courtesy belonged to the epoch of his shirt frill and strapped trousers. No one could have detected his disappointment in his manner, albeit his sentences were short and incomplete. But the Colonel's colloquial speech was apt to be fragmentary incoherencies of his larger oratorical utterances.

"A thousand pardons--for--er--having kept a lady waiting--er! But--er--congratulations of friends--and--er--courtesy due to them--er--interfered with--though perhaps only heightened--by procrastination--the pleasure of--ha!" And the Colonel completed his sentence with a gallant wave of his fat but white and well-kept hand.

"Yes! I came to see you along o' that speech of yours. I was in court. When I heard you gettin' it off on that jury, I says to myself, 'That's the kind o' lawyer I want. A man that's flowery and convincin'! Just the man to take up our case."

"Ah! It's a matter of business, I see," said the Colonel, inwardly relieved, but externally careless. "And--er--may I ask the nature of the case?"

"Well! it's a breach-o'-promise suit," said the visitor calmly.

If the Colonel had been surprised before, he was now really startled, and with an added horror that required all his politeness to conceal. Breach-of-promise cases were his peculiar aversion. He had always held them to be a kind of litigation which could have been obviated by the prompt killing of the masculine offender--in which case he would have gladly defended the killer. But a suit for damages,--DAMAGES!--with the reading of love-letters before a hilarious jury and court, was against all his instincts. His chivalry was outraged; his sense of humor was small, and in the course of his career he had lost one or two important cases through an unexpected development of this quality in a jury.

The woman had evidently noticed his hesitation, but mistook its cause. "It ain't me--but my darter."

The Colonel recovered his politeness. "Ah! I am relieved, my dear madam! I could hardly conceive a man ignorant enough to--er--er-- throw away such evident good fortune--or base enough to deceive the trustfulness of womanhood--matured and experienced only in the chivalry of our sex, ha!"

The woman smiled grimly. "Yes!--it's my darter, Zaidee Hooker--so ye might spare some of them pretty speeches for HER--before the jury."

The Colonel winced slightly before this doubtful prospect, but smiled. "Ha! Yes!--certainly--the jury. But--er--my dear lady, need we go as far as that? Can not this affair be settled--er--out of court? Could not this--er--individual--be admonished--told that he must give satisfaction--personal satisfaction--for his dastardly conduct--to--er--near relative--or even valued personal friend? The--er--arrangements necessary for that purpose I myself would undertake."

He was quite sincere; indeed, his small black eyes shone with that fire which a pretty woman or an "affair of honor" could alone kindle. The visitor stared vacantly at him, and said slowly, "And what good is that goin' to do US?"

"Compel him to--er--perform his promise," said the Colonel, leaning back in his chair.

"Ketch him doin' it!" she exclaimed scornfully. "No--that ain't wot we're after. We must make him PAY! Damages--and nothin' short o' THAT."

The Colonel bit his lip. "I suppose," he said gloomily, "you have documentary evidence--written promises and protestations--er--er-- love-letters, in fact?"

"No--nary a letter! Ye see, that's jest it--and that's where YOU come in. You've got to convince that jury yourself. You've got to show what it is--tell the whole story your own way. Lord! to a man like you that's nothin'."

Startling as this admission might have been to any other lawyer, Starbottle was absolutely relieved by it. The absence of any mirth-provoking correspondence, and the appeal solely to his own powers of persuasion, actually struck his fancy. He lightly put aside the compliment with a wave of his white hand.

"Of course," he said confidently, "there is strongly presumptive and corroborative evidence? Perhaps you can give me--er--a brief outline of the affair?"

"Zaidee kin do that straight enough, I reckon," said the woman; "what I want to know first is, kin you take the case?"

The Colonel did not hesitate; his curiosity was piqued. "I certainly can. I have no doubt your daughter will put me in possession of sufficient facts and details--to constitute what we call--er--a brief."

"She kin be brief enough--or long enough--for the matter of that," said the woman, rising. The Colonel accepted this implied witticism with a smile.

"And when may I have the pleasure of seeing her?" he asked politely.


Openings in the Old Trail - 6/35

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