One evening – it might have been about a year and a half after the marriage of his daughter – Felix Millsap was on his way home from work, a middle-aged figure, moving with the clunking gait of a tired laborer who wears cheap, heavy shoes, his broad splayed hands dangling at the ends of his arms as though in either of them he carried an invisible weight. It had been a hot day, and where he had been toiling on a roof shed which required reshingling the sun had blazed down upon him until it sucked his strength out of him, leaving him limp and draggy. He walked with his head down, indifferent in his sweated weariness to things about him. All the same, the motorman on the Belt Line car swinging out of Yazoo Street into Commercial should have sounded his gong for the turning. Therein lay his contributory negligence. Also, disinterested witnesses subsequently agreed that he took the curve at high speed. It was one of these witnesses who saw what was about to happen and cried out a vain warning even as the motorman ground on his brakes in a belated effort to avoid the inevitable. Felix Millsap was dead when they got him out from under the forward trucks. The doctors said he must have died instantly; probably he never knew what hit him.
In all the short and simple annals of the poor nothing, usually, is shorter and simpler than the funeral of one of them. For the putting away underground of the odd-jobs man perhaps thirty persons of his own walk in life assembled, attesting their sympathies by their presence. But the daughter of the deceased neither attended the brief services at the place of his late residence nor rode to the cemetery to witness the burial. It was explained by the minister and by the undertaker to those who made inquiry that for good and sufficient reasons Mrs. Wybrant was not going anywhere at present. But she sent a great stiff set piece of flowers, an elaborate, inadequate thing with a wire back to it and a tin-foil footing, which sat alongside the black box during the service and afterwards was propped upright in the rank grass at the head of the grave. It was doubly conspicuous by reason of being the only example of what greenhouse men call floral offerings that graced the occasion. And she had written her mother a nice letter; the clergyman made this point plain to such as spoke to him regarding the absence of Mrs. Wybrant. He had seen the letter; that is to say, he had seen the envelope containing it. What the clergyman did not know was that to the letter the daughter had added a paragraph, underscored, suggesting the name of a leading firm of lawyers as suitable and competent to defend their interests – her mother's and her own – in an action for damages against the street-car company.
However, as it developed, there was no need for the pressing of suit. The street-railway company, tacitly confessing fault on the part of one of its employees, preferred to compromise out of hand and so avoid the costs of litigation and the vexations of a trial. The sum paid in settlement was by order of the circuit court lodged in the hands of a special administrator, as temporary custodian of the estate of the late Felix Millsap, by him to be handed over to the heirs at law. So far as the special administrator was concerned, this would end his duties in the premises, seeing that other than this sum there was no property to be divided.
The little house at the foot of Yazoo Street belonged to the widow. It had been deeded to her at the time of its purchase years and years before, and she had been a copartner in the undertaking of paying off the mortgage upon it by dribs and bitlets which represented hard work and the strictest economy. Naturally her husband had made no will. Probably it had never occurred to him that he would have any property to bequeath to anyone. But by virtue of his having died under a street car rather than in his bed he was worth more dead than ever, living, he had dreamed of being worth. He was worth eight thousand dollars in cash. So, as it turned out, he had left something other than a name for sober reliability and a reputation for paying his debts. And no doubt, in that bourn to which his spirit had been translated out of a battered body, his spirit rejoiced that the manner of his taking off had been as it was.
But if the special administrator rested content in the thought that his share in the transaction practically would end with but few added details, his superior, the chief judicial officer of the district, felt called upon to take certain steps on his own initiative solely, and without consulting any person regarding the advisability of his action. It was characteristic of Judge Priest that he should move promptly in the matter. To a greater degree it also was characteristic of him that, setting out for a visit to one of no social account whatsoever, he should garb himself with more care than he might have shown had he been going to see one of those mighty ones who sit in the high places. In a suit of rumply but spotless white linen, and carrying in one hand his best tape-edged palm-leaf fan, he rather suggested a plump old mandarin as, on that same evening of the day when the street-railway company effected settlement, he knocked at the front door of the cottage of the Widow Millsap.
She was in and she was alone. She was one of those women who always are in and nearly always are alone. Immediately, then, they sat in her front room, which was her best room. Her sewing machine was there, and her biggest oil lamp and her few small sticks of company furniture, her few scraps of parlor ornamentation; a bad picture or two, gaudily framed; china vases on a mantel-shelf; two golden-oak rockers, wearing on their slick and shiny frontlets the brand of an installment-house Cain who murdered beauty and yet failed in his designings to achieve comfort. It was as hot as a Dutch oven, that little box of a room inclosed within its thin-planked walls. It was not a place where one would care to linger longer than one had to. Judge Priest came swiftly to the heart of the business which had sent him thither.
"Ma'am," he was saying, "this is a kind of a pussonal matter that's brought me down here this hot night, and with your consent I'll git right to the point of it. Ordinarily I'm a poor hand at diggin' into the business of other people. But seein' that I knowed your late lamented husband both ez a worthy citizen and ez an honest, hard-workin' man, and seein' that in my official capacity it has been incumbent upon me to issue certain orders in connection with your rights and claims arisin' out of his ontimely death, I have felt emboldened to interest myself, privately, in your case – and that's why I'm here now.
"To-day at the cotehouse, when the settlement wuz formally agreed to by the legal representatives of both sides, an idea come to me. And that idea is this: Now there's eight thousand dollars due the heirs, you bein' one and your daughter, Mrs. Dallam Wybrant, bein' the other. Half of eight thousand dollars wouldn't be so very much to help take keer of a person, no matter how keerful they wuz; but eight thousand dollars, put out at interest, would provide a livin' in a way fur one who lived simply, and more especially in the case of one who owned their own home and had it free from debt, ez I understand is the situation with reguards to you.
"On the other hand, your daughter is well fixed. Her husband is a rich man, ez measured by the standards of our people. It's probable that she'll always be well and amply provided fur. Moreover, she's young, and you, ma'am, will some day come to the time when you won't be able to go on workin' with your hands ez you now do.
"So things bein' thus and so, it seems to me that ef the suggestion was made to your daughter, Mrs. Dallam Wybrant, that she should waive her claim to her share of them eight thousand dollars and sign over her rights to you, thereby inshorin' you frum the fear of actual want in your declinin' years; and her, ez I have jest been statin', not needin' the money – well, it seems to me that she would jest naturally jump at the notion. So if you would go to her yourself with the suggestion, or git somebody in whose good sense and judgment you've got due confidence to go to her and her husband and lay the facts before them, I, fur one, knowin' a little somethin' of human nature, feel morally sure of the outcome. Why, I expect she'd welcome the idea; maybe she's already thinkin' of the same thing and wonderin' how, legally, it kin be done. And that, ma'am, is what brings me here to your residence to-night. And I trust you will appreciate the motive which has prompted me and furgive me if I, who's almost a stranger to you, seem to have meddled in your affairs without warrant or justification."
He reared back in his chair, a plump hand upon either knee.
Through this the widow had not spoken, or offered to speak. Now that he had finished, she answered him from the half shadow in which she sat on the farther side of the sewing machine upon which the lamp burned. There was no bitterness, he thought, in her words; merely a sense of resignation to and acceptance of a state of things not of her own contriving, and not, conceivably, to be of her own undoing.
"Judge,"