From Place to Place Part 9

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 till 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 frum the bank 'twixt now and the time when I make my decision."

All things considered, it was an unusual a.s.semblage that Judge Priest regarded over the top rims of his gla.s.ses 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, freckled-faced, shock-headed boys. And, for boys, they were strangely silent and strangely attentive.

The pet.i.tioner sat with his counsel, Mr. Sublette. The pet.i.tioner had been newly shaved, and from some mysterious source had been equipped with a neat wardrobe. Plainly he was endeavouring to wear a look of virtue, which was a difficult undertaking, as you would understand had you known the pet.i.tioner.

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 Sublette let us, for the sake of time and s.p.a.ce, be very much briefer than Mr. Sublette was. For our present purposes, I deem it sufficient to say that in all his professional career Mr. Sublette was never more eloquent, never more forceful, never more vehement in his allegations, and never more convinced--as he himself stated, not once but repeatedly--of his ability to prove the facts he alleged by competent and unbiased testimony. These facts, he pointed out, were common knowledge in the community; nevertheless, he stood prepared to b.u.t.tress them with the evidence of reputable witnesses, given under oath.

Mr. Sublette, having unwound at length, now wound up. He sat down, perspiring freely and through the perspiration radiating confidence in his contentions, confidence in the result and, most of all, unbounded confidence in Mr. Sublette.

Now Colonel Farrell was standing up to address the court. Under the cloak of a theatrical presence and a large orotund manner, and behind a Ciceronian command of sonorous language, the colonel carried concealed a shrewd old brain. It was as though a skilled marksman lurked in ambush amid a tangle of luxuriant foliage. In this particular instance, moreover, it is barely possible that the colonel was acting on a cue, privily conveyed to him before the court opened.

"May it please Your Honour," he began, "I have just conferred with the defendant here; and, acting in the capacity of his guardian _ad litem_, I have advised him to waive an opening address by counsel. Indeed, the defendant has no counsel. Furthermore, the defendant, also acting upon my advice, will present no witnesses in his own behalf. But, with Your Honour's permission, the defendant will now make a personal statement; and thereafter he will rest content, leaving the final arbitrament of the issue to Your Honour's discretion."

"I object!" exclaimed Mr. Sublette briskly.

"On what grounds does the learned counsel object?" inquired Judge Priest.

"On the grounds that, since the mental competence of this man is concerned--since it is our contention that he is patently and plainly a victim of senility, an individual prematurely in his dotage--any utterances by him will be of no value whatsoever in aiding the conscience and intelligence of the court to arrive at a fair and just conclusion regarding the defendant's mental condition."

Mr. Sublette excelled in the use of big words; there was no doubt about that.

"The objection is overruled," said Judge Priest. He nodded in the direction of O'Day and Colonel Farrell. "The court will hear the defendant. He is not to be interrupted while making his statement. The defendant may proceed."

Without further urging, O'Day stood up, a tall, slab-sided rack of a man, with his long arms dangling at his sides, half facing Judge Priest and half facing his nephew and his nephew's lawyer. Without hesitation he began to speak. And this was what he said:

"There's mebbe some here ez knows about how I was raised and fetched up.

My paw and my maw died when I was jest only a baby; so I was brung up out here at the old county porehouse ez a pauper. I can't remember the time when I didn't have to work for my board and keep, and work hard.

While other boys was goin' to school and playin' hooky, and goin' in was.h.i.+n' in the creek, and playin' games, and all sech ez that, I had to work. I never done no playin' round in my whole life--not till here jest recently, anyway.

"But I always craved to play round some. I didn't never say nothin'

about it to n.o.body after I growed up, 'cause I figgered it out they wouldn't understand and mebbe'd laugh at me; but all these years, ever sence I left that there porehouse, I've had a hankerin' here inside of me"--he lifted one hand and touched his breast--"I've had a hankerin' to be a boy and to do all the things a boy does; to do the things I was chiselled out of doin' whilst I was of a suitable age to be doin' 'em. I call to mind that I uster dream in my sleep about doin' 'em; but the dream never come true--not till jest here lately. It didn't have no chancet to come true--not till then.

"So, when this money come to me so sudden and unbeknownstlike I said to myself that I was goin' to make that there dream come true; and I started out fur to do it. And I done it! And I reckin that's the cause of my bein' here to-day, accused of bein' feeble-minded. But, even so, I don't regret it none. Ef it was all to do over ag'in I'd do it jest the very same way.

"Why, I never knowed whut it was, till here two months or so ago, to have my fill of bananas and candy and gingersnaps, and all sech knickknacks ez them. All my life I've been cravin' secretly to own a pair of red-topped boots with bra.s.s toes on 'em, like I used to see other boys wearin' in the wintertime when I was out yonder at that porehouse wearin' an old pair of somebody else's cast-off shoes--mebbe a man's shoes, with rags wropped round my feet to keep the snow frum comin' through the cracks in 'em, and to keep 'em frum slippin' right spang off my feet. I got three toes frostbit oncet durin' a cold spell, wearin' them kind of shoes. But here the other week I found myself able to buy me some red-top boots with bra.s.s toes on 'em. So I had 'em made to order and I'm wearin' 'em now. I wear 'em reg'lar even ef it is summertime. I take a heap of pleasure out of 'em. And, also, all my life long I've been wantin' to go to a circus. But not till three days ago I didn't never git no chancet to go to one.

"That gentleman yonder--Mister Sublette--he 'lowed jest now that I was leadin' a lot of little boys in this here town into bad habits. He said that I was learnin' 'em n.o.body knowed whut devilment. And he spoke of my havin' egged 'em on to steal watermelons frum Mister Bell's watermelon patch out here three miles frum town, on the Marshallville gravel road.

You-all heared whut he jest now said about that.

"I don't mean no offence and I beg his pardon fur contradictin' him right out before everybody here in the big courthouse; but, mister, you're wrong. I don't lead these here boys astray that I've been runnin'

round with. They're mighty nice clean boys, all of 'em. Some of 'em are mighty near ez pore ez whut I uster be; but there ain't no real harm in any of 'em. We git along together fine--me and them. And, without no preachin', nor nothin' like that, I've done my best these weeks we've been frolickin' and projectin' round together to keep 'em frum growin'

up to do mean things.

"I use chawin' tobacco myself; but I've tole 'em, I don't know how many times, that ef they chaw it'll stunt 'em in their growth. And I've got several of 'em that was smokin' cigarettes on the sly to promise me they'd quit. So I don't figger ez I've done them boys any real harm by goin' round with 'em. And I believe ef you was to ast 'em they'd all tell you the same, suh.

"Now about them watermelons: Sence this gentleman has brung them watermelons up, I'm goin' to tell you-all the truth about that too."

He cast a quick, furtive look, almost a guilty look, over his shoulder toward the rear of the courtroom before he went on:

"Them watermelons wasn't really stole at all. I seen Mister d.i.c.k Bell beforehand and arranged with him to pay him in full fur whutever damage mout be done. But, you see, I knowed watermelons tasted sweeter to a boy ef he thought he'd hooked 'em out of a patch; so I never let on to my little pardners yonder that I'd the same ez paid Mister Bell in advance fur the melons we took out of his patch and et in the woods. They've all been thinkin' up till now that we really hooked them watermelons. But ef that was wrong I'm sorry fur it.

"Mister Sublette, you jest now said that I was fritterin' away my property on vain foolishment. Them was the words you used--'fritterin''

and 'vain foolishment.' Mebbe you're right, suh, about the fritterin'

part; but ef spendin' money in a certain way gives a man ez much pleasure ez it's give me these last two months, and ef the money is his'n by rights, I figger it can't be so very foolish; though it may 'pear so to some.

"Excusin' these here clothes I've got on and these here boots, which ain't paid fur yet, but are charged up to me on Felsburg Brothers'

books and Mister M. Biederman's books, I didn't spend only a dollar a day, or mebbe two dollars, and once three dollars in a single day out of whut was comin' to me. The Judge here, he let me have that out of his own pocket; and I paid him back. And that was all I did spend till here three days ago when that there circus come to town. I reckin I did spend a right smart then.

"My money had come frum the old country only the day before; so I went to the bank and they writ out one of them pieces of paper which is called a check, and I signed it--with my mark; and they give me the money I wanted--an even two hundred dollars. And part of that there money I used to pay fur circus tickets fur all the little boys and little girls I could find in this town that couldn't 'a' got to the circus no other way. Some of 'em are settin' back there behind you-all now--some of the boys, I mean; I don't see none of the little girls.

"There was several of 'em told me at the time they hadn't never seen a circus--not in their whole lives! Fur that matter, I hadn't, neither; but I didn't want no pore child in this town to grow up to be ez old ez I am without havin' been to at least one circus. So I taken 'em all in and paid all the bills; and when night come there wasn't but 'bout nine dollars left out of the whole two hundred that I'd started out with in the mornin'. But I don't begredge spendin' it. It looks to me like it was money well invested. They all seemed to enjoy it; and I know I done so.

"There may be bigger circuses'n whut that one was; but I don't see how a circus could 'a' been any better than this here one I'm tellin' about, ef it was ten times ez big. I don't regret the investment and I don't aim to lie about it now. Mister Sublette, I'd do the same thing over ag'in ef the chance should come, lawsuit or no lawsuit. Ef you should win this here case mebbe I wouldn't have no second chance.

"Ef some gentleman is app'inted ez a committee to handle my money it's likely he wouldn't look at the thing the same way I do; and it's likely he wouldn't let me have so much money all in one lump to spend takin' a pa.s.sel of little shavers that ain't no kin to me to the circus and to the side show, besides lettin' 'em stay fur the grand concert or after-show, and all. But I done it once; and I've got it to remember about and think about in my own mind ez long ez I live.

"I'm 'bout finished now. There's jest one thing more I'd like to say, and that is this: Mister Sublette he said a minute ago that I was in my second childhood. Meanin' no offence, suh, but you was wrong there too.

The way I look at it, a man can't be in his second childhood without he's had his first childhood; and I was cheated plum' out of mine. I'm more'n sixty years old, ez near ez I kin figger; but I'm tryin' to be a boy before it's too late."

He paused a moment and looked round him.

"The way I look at it, Judge Priest, suh, and you-all, every man that grows up, no matter how old he may git to be, is ent.i.tled to 'a' been a boy oncet in his lifetime. I--I reckin that's all."

He sat down and dropped his eyes upon the floor, as though ashamed that his temerity should have carried him so far. There was a strange little hush filling the courtroom. It was Judge Priest who broke it.