XI
THE LAST DITCH
It was a mark of the later and larger development of David Kent that hewas able to keep his head in the moment of catastrophes. In boyhood hishair had been a brick-dust red, and having the temperament which belongsof right to the auburn-hued, his first impulse was to face about and makea personal matter of the legal robbery with Judge MacFarlane.
Happily for all concerned, Hunnicott's better counsels prevailed, and whenthe anger fit passed Kent found himself growing cool and determined.Hunnicott was crestfallen and disposed to be apologetic; but Kent did himjustice.
"Don't blame yourself: there was nothing else you could have done. Haveyou a stenographer in your office?"
"Yes."
"A good one?"
"It's young Perkins: you know him."
"He'll do. 'Phone him to run down to the station and get what telegramsthere are for me, and we'll talk as we go."
Once free of the Court House, Kent began a rapid-fire of questions.
"Where is Judge MacFarlane stopping?"
"At the Mid-Continent."
"Have you any idea when he intends leaving town?"
"No; but he will probably take the first train. He never stays here anhour longer than he has to after adjournment."
"That would be the Flyer east at six o'clock. Is he going east?"
"Come to think of it, I believe he is. Somebody said he was going to HotSprings. He's in miserable health."
Kent saw more possibilities, and worse, and quickened his pace a little.
"I hope your young man won't let the grass grow under his feet," he said."The minutes between now and six o'clock are worth days to us."
"What do we do?" asked Hunnicott, willing to take a little lesson inpractice as he ran.
"The affidavits I have brought with me and the telegrams which are waitingat the station must convince MacFarlane that he has made a mistake. Weshall prepare a motion for the discharge of the receiver and for thevacation of the order appointing him, and ask the judge to set an earlyday for the hearing on the merits of the case. He can't refuse."
Hunnicott shook his head.
"It has been all cut and dried from 'way back," he objected. "They won'tlet you upset it at the last moment."
"We'll give them a run for their money," said Kent. "A good bit of itdepends upon Perkins' speed as a stenographer."
As it befell, Perkins did not prove a disappointment, and by five o'clockKent was in the lobby of the Mid-Continent, sending his card up to thejudge's room. Word came back that the judge was in the cafe fortifying theinner man in preparation for his journey, and Kent did not stand uponceremony. From the archway of the dining-room he marked down his man at asmall table in the corner, and went to him at once, plunging promptly intothe matter in hand.
"The exigencies of the case must plead my excuse for intruding upon youhere, Judge MacFarlane," he began courteously. "But I have been told thatyou were leaving town----"
The judge waved him down with a deprecatory fork.
"Court is adjourned, Mr. Kent, and I must decline to discuss the case _exparte_. Why did you allow it to go by default?"
"That is precisely what I am here to explain," said Kent, suavely. "Thetime allowed us was very short; and a series of accidents----"
Again the judge interrupted.
"A court can hardly take cognizance of accidents, Mr. Kent. Your localattorney was on the ground and he had the full benefit of the delay."
"I know," was the patient rejoinder. "Technically, your order isunassailable. None the less, a great injustice has been done, as we areprepared to prove. I am not here to ask you to reopen the case at yourdinner-table, but if you will glance over these papers I am sure you willset an early day for the hearing upon the merits."
Judge MacFarlane forced a gray smile.
"You vote yea and nay in the same breath, Mr. Kent. If I should examineyour papers, I should be reopening the case at my dinner-table. You shallhave your hearing in due course."
"At chambers?" said Kent. "We shall be ready at any moment; we are readynow, in point of fact."
"I can not say as to that. My health is very precarious, and I am under aphysician's orders to take a complete rest for a time. I am sorry if thedelay shall work a hardship to the company you represent; but under thecircumstances, with not even an affidavit offered by your side, it is yourmisfortune. And now I shall have to ask you to excuse me. It lacks but afew minutes of my train time."
The hotel porter was droning out the call for the east-bound Flyer, andKent effaced himself while Judge MacFarlane was paying his bill and makingready for his departure. But when the judge set out to walk to thestation, Kent walked with him. There were five squares to be measured, andfor five squares he hung at MacFarlane's elbow and the plea he made shouldhave won him a hearing. Yet the judge remained impassible, and at the endof the argument turned him back in a word to his starting point.
"I can not recall the order at this time, if I would, Mr. Kent; neithercan I set a day for the hearing on the merits. What has been done was donein open court and in the presence of your attorney, who offered noevidence in contradiction of the allegations set forth in the plaintiff'samended petition, although they were supported by more than a dozenaffidavits; and it can not be undone in the streets. Since you have notimproved your opportunities, you must abide the consequences. The law cannot be hurried."
They had reached the station and the east-bound train was whistling forGaston. Kent's patience was nearly gone, and the auburn-hued temperamentwas clamoring hotly for its innings.
"This vacation of yours, Judge MacFarlane: how long is it likely to last?"he inquired, muzzling his wrath yet another moment.
"I can not say; if I could I might be able to give you a more definiteanswer as to the hearing on the merits. But my health is very miserable,as I have said. If I am able to return shortly, I shall give you thehearing at chambers at an early date."
"And if not?"
"If not, I am afraid it will have to go over to the next term of court."
"Six months," said Kent; and then his temper broke loose. "JudgeMacFarlane, it is my opinion, speaking as man to man, that you are ascoundrel. I know what you have done, and why you have done it. Also, Iknow why you are running away, now that it is done. So help me God, I'llbring you to book for it if I have to make a lifetime job of it! It's allright for your political backers; they are thieves and bushwhackers, andthey make no secret of it. But there is one thing worse than a trickster,and that is a trickster's tool!"
For the moment while the train was hammering in over the switches theystood facing each other fiercely, all masks flung aside, each after hiskind; the younger man flushed and battle-mad; the elder white, haggard,tremulous. Kent did not guess, then or ever, how near he came to death.Two years earlier a judge had been shot and maimed on a western circuitand since then, MacFarlane had taken a coward's precaution. Here was a manthat knew, and while he lived the cup of trembling might never be putaside.
It was the conductor's cry of "All aboard!" that broke the homicidalspell. Judge MacFarlane started guiltily, shook off the angry eye-grip ofhis accuser, and went to take his place in the Pullman. One minute laterthe east-bound train was threading its way out among the switches of thelower yard, and Kent had burst into the telegraph office to wire thevolcanic news to his chief.
The Grafters Page 11