When he was done Peep O'Day, in a perfectly colorless and unsympathetic voice, bade him good-by—not good-night but good-by! And, going inside the house, he closed the door behind him, leaving his newly returned relative outside and quite alone.
At this the young man uttered violent language; but, since there was nobody present to hear him, it is likely he found small satisfaction in his profanity, rich though it may have been in metaphor and variety. So presently he betook himself off, going straight to the office in Legal Row of H. B. Sublette, Attorney-at-law.
From the circumstance that he found Mr. Sublette in, though it was long past that gentleman's office hours, and, moreover, found Mr. Sublette waiting in an expectant and attentive attitude, it might have been adduced by one skilled in the trick of putting two and two together that the pair of them had reached a prior understanding sometime during the day; and that the visit of the young man to the Gafford home and his speeches there had all been parts of a scheme planned out at a prior conference.
Be this as it may, so soon as Mr. Sublette had heard his caller's version of the meeting upon the porch he lost no time in taking certain legal steps. That very night, on behalf of his client, denominated in the documents as Percival Dwyer, Esquire, he prepared a petition addressed to the circuit judge of the district, setting forth that, inasmuch as Paul Felix O'Day had by divers acts shown himself to be of unsound mind, now, therefore, came his nephew and next of kin praying that a committee or curator be appointed to take over the estate of the said Paul Felix O'Day, and administer the same in accordance with the orders of the court until such time as the said Paul Felix O'Day should recover his reason, or should pass from this life, and so forth and so on; not to mention whereases in great number and aforesaids abounding throughout the text in the utmost profusion.
On the following morning the papers were filed with Circuit Clerk Milam. That vigilant barrister, Mr. Sublette, brought them in person to the courthouse before nine o'clock, he having the interests of his client at heart and perhaps also visions of a large contingent fee in his mind. No retainer had been paid. The state of Mr. Dwyer's finances—or, rather, the absence of any finances—had precluded the performance of that customary detail; but to Mr. Sublette's experienced mind the prospects of future increment seemed large.
Accordingly he was all for prompt action. Formally he said he wished to go on record as demanding for his principal a speedy hearing of the issue, with a view to preventing the defendant named in the pleadings from dissipating any more of the estate lately bequeathed to him and now fully in his possession—or words to that effect.
Mr. Milam felt justified in getting into communication with Judge Priest over the long-distance 'phone; and the Judge, cutting short his vacation and leaving uncaught vast numbers of bass and perch in Reelfoot Lake, came home, arriving late that night.
Next morning, having issued divers orders in connection with the impending litigation, he sent a messenger to find Peep O'Day and to direct O'Day to come to the courthouse for a personal interview.
Shortly thereafter a scene that had occurred some two months earlier, with his Honor's private chamber for a setting, was substantially duplicated: there was the same cast of two, the same stage properties, the same atmosphere of untidy tidiness. And, as before, the dialogue was in Judge Priest's hands. He led and his fellow character followed his leads.
"Peep," he was saying, "you understand, don't you, that this here fragrant nephew of yours that's turned up from nowheres in particular is fixin' to git ready to try to prove that you are feeble-minded? And, on top of that, that he's goin' to ask that a committee be app'inted fur you—in other words, that somebody or other shall be named by the court, meanin' me, to take charge of your property and control the spendin' of it frum now on?"
"Yes, suh," stated O'Day. "Pete Gafford he set down with me and made hit all clear to me, yestiddy evenin', after they'd done served the papers on me."
"All right, then. Now I'm goin' to fix the hearin' fur to-morrow mornin' at ten. The other side is askin' fur a quick decision; and I rather figger they're entitled to it. Is that agreeable to you?"
"Whutever you say, Judge."
"Well, have you retained a lawyer to represent your interests in court? That's the main question that I sent fur you to ast you."
"Do I need a lawyer, Judge?"
"Well, there have been times when I regarded lawyers ez bein' superfluous," stated Judge Priest dryly. "Still, in most cases litigants do have 'em round when the case is bein' heard."
"I don't know ez I need any lawyer to he'p me say whut I've got to say," said O'Day. "Judge, you ain't never ast me no questions about the way I've been carryin' on sence I come into this here money; but I reckin mebbe this is ez good a time ez any to tell you jest why I've been actin' the way I've done. You see, suh—"
"Hold on!" broke in Judge Priest. "Up to now, ez my friend, it would 'a' been perfectly proper fur you to give me your confidences ef you were minded so to do; but now I reckin you'd better not. You see, I'm the judge that's got to decide whether you are a responsible person—whether you're mentally capable of handlin' your own financial affairs, or whether you ain't. So you'd better wait and make your statement in your own behalf to me whilst I'm settin' on the bench. I'll see that you git an opportunity to do so and I'll listen to it; and I'll give it all the consideration it's deservin' of.
"And, on second thought, p'raps it would only be a waste of time and money fur you to go hirin' a lawyer specially to represent you. Under the law it's my duty, in sech a case ez this here one is, to app'int a member of the bar to serve durin' the proceedin's ez your guardian ad litem.
"You don't need to be startled," he added, as O'Day flinched at the sound in his ears of these strange and fearsome words. "A guardian ad litem is simply a lawyer that tends to your affairs till the case is settled one way or the other. Ef you had a dozen lawyers I'd have to app'int him jest the same. So you don't need to worry about that part of it.
"That's all. You kin go now ef you want to. Only, ef I was you, I wouldn't draw out any more money from the bank 'twixt now and the time when I make my decision."
All things considered, it was an unusual assemblage that Judge Priest regarded over the top rims of his glasses as he sat facing it in his broad armchair, with the flat top of the bench intervening between him and the gathering. Not often, even in the case of exciting murder trials, had the old courtroom held a larger crowd; certainly never had it held so many boys. Boys, and boys exclusively, filled the back rows of benches downstairs. More boys packed the narrow shelf-like balcony that spanned the chamber across its far end—mainly small boys, barefooted, sunburned, freckle-faced, shock-headed boys. And, for boys, they were strangely silent and strangely attentive.
The petitioner sat with his counsel, Mr. Sublette. The petitioner had been newly shaved, and from some mysterious source had been equipped with a neat wardrobe. Plainly he was endeavoring to wear a look of virtue, which was a difficult undertaking, as you would understand had you known the petitioner.
The defending party to the action was seated across the room, touching elbows with old Colonel Farrell, dean of the local bar and its most florid orator.
"The court will designate Col. Horatio Farrell as guardian ad litem for the defendant during these proceedings," Judge Priest had stated a few minutes earlier, using the formal and grammatical language he reserved exclusively for his courtroom.
At once old Colonel Farrell had hitched his chair up alongside O'Day; had asked him several questions in a tone inaudible to those about them; had listened to the whispered answers of O'Day; and then had nodded his huge curly white dome of a head, as though amply satisfied with the responses.
Let us skip the preliminaries. True, they seemed to interest the audience; here, though, they would be tedious reading. Likewise, in touching upon the opening and outlining address of Attorney-at-Law