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Clark's Field, a novel by Robert Herrick

Chapter 4

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_ CHAPTER IV

It may easily be imagined that the veteran's untimely death at the Grand Army Reunion caused more uneasiness in certain other quarters than it did in the Church Street house, where John's going had its mitigations. The lawyers who had arranged the purchase of the Clark interest in the great Field did not really fear that their plans for the cheap capture of the property would ultimately miscarry. But John's death must cause further delay, which might possibly be improved by other interested speculators. And so the legal representatives of the capitalists concerned in the "deal" constituted themselves at once friends and advisers of the widow. They assured her that a mere formality must be satisfied before she could actually touch her husband's estate, and promised to attend to the legal matters without expense to her, it being understood, of course, that whenever the law allowed she should carry out her husband's agreement to sell the Clark interest in the Field. They even went so far as to offer further small advances to the widow if she found herself in immediate need. But this the widow resolutely refused. She was becoming a little suspicious of so much thoughtful kindliness from these lawyers, whom after the prejudice of her sort she was wont to regard as human harpies. She had her widow's pension and her roomers, and her expenses would be considerably lessened by the death of the incompetent veteran, who would no longer be begging money for his "reunions."

There was, of course, Adelle. Her uncle had been her legal guardian and as such had intended to sell her interest in the Field for a pittance. The lawyers assumed that her aunt would be appointed by the probate court to the empty honor of guardianship. Otherwise they regarded her, as everybody always did, as entirely negligible. And she so regarded herself. The lawyers were prompt in having the guardianship question brought up in the probate court for settlement first. It was introduced there as a motion early in the fall term of court, the papers being presented to the judge by the junior member of the distinguished firm of B---- lawyers, Bright, Seagrove, and Bright. Any other judge, probably, would have scribbled his initials then and there upon the printed application for guardianship,--the affair being in charge of such eminent counsel,--and there must have been an end altogether to Adelle's expectations and of this story. That was what the lawyers naturally expected. But this judge, after a hasty glance or two at the application, took the matter under advisement.

"Of course the old boy had to sleep upon it!" young Bright reported to the senior members of the firm. The lawyers of B---- were accustomed to make fun of Judge Orcutt or grumble about his ways of doing things. He was certainly different from the ordinary run of probate judges or of all judges for that matter. The smart law firms that had dealings with him professed to consider him a poor lawyer, but everybody knows that eminent lawyers usually have a poor opinion of the ability of judges. They reason that if the judges had their ability, they would not be poorly paid judges, but holding out their baskets for the fat fruit falling abundantly from the corporation trees.

It should be said that the law was not Judge Orcutt's first love: probably was not his supreme mistress at any time. Perhaps for that very reason he made a better probate judge--a more human judge--than any of the smart lawyers could have made. The little gray-haired judge was a poet, and not an unpublished poet. I will not stop to pass judgment on those thin volumes of verse, elegantly printed and bound, that from time to time appeared in the welter of modern literature with the judge's name. The judge was fonder of them, no doubt, and perhaps prouder of them than Bright, Seagrove, and Bright are of their large retainers. And I believe that the published volumes of verse, and the unprinted ones within his heart and brain, made Judge Orcutt an altogether sounder judge than if he had mused in his idle hours upon the law or upon corporation fees. He was one of those rare judges, who even after twenty years of forms--motions and pleas and precedents--could never wholly forget the individual human being behind the legal form.

And so in this trivial matter of appointing a guardian for a poor girl, the probate judge could not ignore Adelle in the mass of legal verbiage through which such things are done. Who was this Adelle Clark? and what sort of person was this aunt who seemed willing and anxious to assume the legal and moral guardianship of the minor? An aunt by marriage only, wasn't it? Yes, by marriage he assured himself after consulting again the stiff paper form that the lawyers had properly filled out; and he gave one of those funny little quirks to his eye which he did when not wholly satisfied with a "proposition" presented to him. And here was the characteristic difference between Judge Orcutt and any other probate judge. He speculated--maybe for only the better part of ten seconds--but he speculated upon the entity of the small human being that had fallen within the bounds of his court. Was it really for this little girl's best good to let this aunt by marriage take charge of her? Did any hocus-pocus contriving, with which he had become only too familiar, lie beneath this innocent application?

Probably at this point the poet judge would have dismissed the matter from speculation and signed the papers as he usually did, very much, after all, like any other judge, with an additional sigh because he could never really discover all the necessary facts. But another observation held his pen. The paper had been brought to him by young Bright, of Bright, Seagrove, and Bright--a notable firm of lawyers, but not one famous for their charitable practice. Why should Bright, Seagrove, and Bright interest themselves in procuring the guardianship of a poor girl? Ah, it is to be feared that this is where the eminent counsel "fell down" badly, as young Bright said. They should have sent an office boy with the papers or let the aunt go there alone to see the judge! For Judge Orcutt, after another moment of frowning meditation, threw the document into that basket which contained papers for further consideration. Had the girl expectations of property? He would inquire, at least have the girl and her aunt into his court and get a good look at them before performing his routine function of initialing the legal form. Poet that he was, he prided himself much on his powers of penetration into human motives, when he had his subject before him....

For this reason Adelle and her aunt were notified that they should appear before His Honor. The lawyers told Mrs. Clark that the visit to the probate court was a mere formality,--meant nothing at all. But under their breaths they cursed Judge Orcutt for a meddlesome old nuisance, which would not have worried him. Adelle and her aunt, got up in their best mourning, accordingly appeared before the probate judge, who at the moment was hearing a case of non-support. So they waited in the dim, empty courtroom, while the judge, ignoring their presence, went on with the question of whether John Thums could pay his wife three dollars a week or only two-fifty. At last he settled it at three dollars and beckoned to Mrs. Clark and the little girl to come forward and courteously inquired their business. Ignoring the officious young lawyer, who was there and tried to shuffle the matter through, Judge Orcutt asked both Adelle and her aunt all sorts of questions that did not always seem to the point. He appeared to be curious about the family history. Mr. Bright fumed. However, it was all going well enough until Mrs. John blurted out something about the girl's share of the money that was coming to them. At the word "money" the judge pricked up his ears. In his court certainly money was the root of much evil as well as of pain. What money? Was the little girl an heiress? From the blundering lips of honest Mrs. Clark the story tumbled out, under the judge's expert questioning, exactly as it was. At the conclusion, with one significant scowl at the uncomfortable Mr. Bright, the judge gathered to himself all the papers, saying that he should give the matter further consideration and disappeared into his private chamber. The two Clarks returned to Alton much mystified.

Young Mr. Bright remarked to his superiors, on his return to the office, that he thought "there will be the devil to pay!" And there was. Of this the little girl and her aunt knew nothing except that another legal difficulty had been discovered and that the lawyers did not seem as genial and happy as they had before. Thus a week slipped past, and then they were again summoned to the probate court and taken into the judge's private chamber behind the courtroom. _

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