Burnham Breaker Part 16

"Well, why couldn't she jes' take my part, an' give it to her daughter's guarden, an' then take me home to live with her without any propaty? Wouldn't that do? I'd a good deal ruther do that than have a law-suit. A man hates to go to law with his own mother, you know."

Sharpman smiled and replied: "That would be a very generous offer, indeed; but I am afraid even that would not do. You would have no right to make such an agreement before you are twenty-one years old.

Oh, no! we must have a law-suit, there is no other way; but it will be a mere matter of form; you need have no fear concerning it."

The train reached Wilkesbarre, and Ralph and the lawyer went directly from the station to the court-house. There were very few people in the court-room when they entered it, and there seemed to be no especial business before the court. Sharpman went down into the bar and shook hands with several of the attorneys there. The judge was writing busily at his desk. After a few moments he laid his pen aside and read a long opinion he had prepared in the matter of some decedent's estate. Ralph could not understand it at all, and his mind soon wandered to other subjects. After the reading was finished and one or two of the lawyers had made short speeches, there was a pause. Then Sharpman arose, and, drawing a bundle of papers from his pocket, he read to the court from one of them as follows:--

"TO THE HONORABLE, THE JUDGE OF THE ORPHANS' COURT OF LUZERNE COUNTY:--

"The pet.i.tion of Ralph Burnham, by his next friend Simon Craft, respectfully represents that the pet.i.tioner is a minor child of Robert Burnham, late of the city of Scranton in said county, deceased, under the age of fourteen years; that he is resident within the said county and has no guardian to take care of his estate. He therefore prays the court to appoint a guardian for that purpose.

"RALPH BURNHAM.

By his next friend, SIMON CRAFT.

Dated, Sept. 26, 1867."

"Your Honor will notice that the pet.i.tion is duly sworn to," said Sharpman, handing the paper to the clerk, who, in turn, handed it to the judge. There was a minute of silence. The lawyers were all staring at Sharpman in astonishment.

Then, the judge spoke.

"Mr. Sharpman, I was not aware that Robert Burnham left more than one child living; a girl, for whom we have already made appointment of a guardian."

"I was not aware of that fact either," rejoined Sharpman, "until very recently; but it is a fact, nevertheless; and we are here now, asking that a way be prepared by which this heir may come into his rightful portion of his father's estate."

"This is a peculiar case," responded the judge; "and I think we should have some other basis than this on which to act; some affidavit of facts."

"I came prepared to meet that objection," said Sharpman. "I will now read, if the court please, a statement of the facts in the case." He unfolded another paper and read a long and detailed account of the wreck, of Ralph's rescue by Simon Craft, of the old man's care and keeping of the boy, of the finding of Ralph's parents, the lad's desertion, the recent discovery of his whereabouts, of Craft's toil and sacrifice in the matter, and of Ralph's desire to be restored to his family. This was signed and sworn to by Simon Craft.

The judge sat for a moment in silence, as if studying the effect of this affidavit.

"Has the mother been notified," he said finally, "that this child is living, and, if so, why does not she appear here to make this application?"

"I will answer that question, your Honor, by reading the following affidavit," replied Sharpman.

"LUZERNE COUNTY, SS.:

"John H. Sharpman, attorney at law of said county, being duly sworn according to law, deposes, and says: that, on the fifteenth day of September, A.D. 1867, he called upon Mrs. Margaret Burnham, the widow of Robert Burnham, late of the city of Scranton, deceased, and administrator of the said Robert Burnham's estate, and informed her of the facts set forth in the foregoing affidavit of Simon Craft. She acknowledged her acquaintance with the boy Ralph, herein mentioned, but refused to acknowledge him as the son of Robert Burnham, or to grant him any legal interest in the estate of the said Robert Burnham. A notice, a copy of which is hereto attached, has been served on the said Margaret Burnham, warning her that application will be made to the Orphans' Court, on this day, at this hour, for the appointment of a guardian for the boy Ralph.

"JOHN H. SHARPMAN.

Sworn and subscribed before me, Sept. 26, 1867.

ISRAEL DURHAM, _Justice of the Peace_."

"Does any one appear for Mrs. Burnham in this matter?" inquired the judge, addressing the a.s.sembly of lawyers.

An elderly man, short and thick-set, with gray hair and moustache, arose, and said:--

"I have been informed, as Mrs. Burnham's attorney, that such a proceeding as this was in contemplation. I appreciate your Honor's careful scrutiny of the matter before making an appointment; but, so long as we do not recognize the boy as Robert Burnham's son, it would hardly be justifiable for us to interfere in the simple appointment of a guardian for him. Inasmuch, however, as the avowed purpose is to make an attack on the Burnham estates, we shall insist that the guardian enter into a bond of sufficient amount and value to cover any damages which may accrue from any action he may see fit to take."

"Have you prepared a bond, Mr. Sharpman?" inquired the judge.

"We have," replied Sharpman, producing still another paper.

"Mr. Goodlaw," continued the judge, addressing Mrs. Burnham's attorney, "will you look at the bond and see if it is satisfactory to you?"

Mr. Goodlaw took the bond, examined it, and returned it to the clerk.

"I have no objection to make to it," he said.

"Then we will approve the bond, Mr. Sharpman, and make the appointment. You have named Simon Craft as guardian. We are wholly unacquainted with him. Have you consulted with the boy in this matter?

What does he say?"

"I have brought the boy into court, so that, notwithstanding his legal inability to make choice for himself, your Honor might be satisfied as to his wish in the matter. This is the boy," as Ralph, obedient to the lawyer's summons, came into the bar and stood beside him. The judge scrutinized the lad closely, and the lawyers leaned forward in their chairs, or came nearer for the purpose of better observation. Ralph felt somewhat embarra.s.sed, standing there to be stared at so, but the voice of the judge soon rea.s.sured him.

"Ralph," he said, "is this application for a guardian made according to your desire?"

"Yes, sir," replied the boy; "Mr. Sharpman says I ought to have one."

"And whom do you choose for your guardian?"

"Gran'pa Simon, sir."

Sharpman looked annoyed, and whispered something to Ralph.

"I mean Simon Craft," said the boy, correcting himself.

"Is Simon Craft your grandfather?" asked the judge, sternly.

"Oh, no! I guess not. He made me call 'im that. I never had no grandfather; but Mr. Sharpman says that Robert Burnham was my father--and--and he's dead."

The judge looked down at the lad somewhat uncertainly, then he said: "Well, Ralph, that will do; we'll make the appointment, but," turning to Sharpman, "we shall watch this matter closely. We shall see that justice is done to the child in any event."

"It is my earnest wish," responded Sharpman, "that your Honor shall do so. My only object in the matter is to see that this boy, whom I firmly believe to be Robert Burnham's son, is restored to his family and estates, and that this old man, who has saved the lad's life, and has spent and endured much for him through many years, is adequately rewarded in his old age."

The judge endorsed the papers and handed them to the clerk, and Sharpman walked up the aisle with Ralph to the door of the court-room.

"I have business," said the lawyer, "which will keep me here the rest of the day. Can you find your way back to the station?"

"Oh, yes!"

"Here is something to pay your fare with;" offering a piece of money to the boy.

"I've got enough," said Ralph, declining to accept it, "plenty; I'll get home all right."

"Well, the train will leave at noon. I'll send for you when we want you again. Good-by!"

"Good-by!"

Ralph went down the steps, out at the door, and across the court-house yard. He was not sure that he struck into the right street to go to the station, there were so many streets radiating from the court-house square. But it did not much matter; there was plenty of time before the train would start, and he thought he would like to walk about a little, and see something of the city. He felt like walking off, too, a feeling of dissatisfaction concerning what had just been done in court. It was too much in the nature of an adverse proceeding to seem quite right to him; he was fearful that, somehow, it would estrange his mother from him. He thought there ought to be some simpler way to restore him to his family, some way in which he and his mother could act jointly and in undoubted harmony. He hoped it would all come out right, though. He did not know what better he could do, at any rate, than to follow the advice of his lawyer; and, besides that, he had promised to obey him implicitly in this matter, and he must keep his promise. He had no thought that he was being used merely as an instrument in the hands of designing men.

It was with this vague feeling of unrest at his heart, and with his mind occupied by uneasy thought, that he walked leisurely down the street of this strange city, paying little attention to his course, or to what was going on around him.

Finally he thought it was time he should have reached the station, or at least made some attempt to find it; so he quickened his steps a little, and looked out ahead of him.