The Homesteader: A Novel
Page 66
CHAPTER XIII
WHERE THE WEAK MUST BE STRONG
The trial was called for early June, and Baptiste reached the city aweek or ten days before the time set. He had become very friendly withthe Negro lawyer who was conducting his case. He also secured a Gregorylawyer, the one who had conducted the contest case. When he arrived inthe city, the lawyer advised that, inasmuch as they had a spare bedroomat his home, and that it would be imperative for them to be close todiscuss various phases of the prosecution, he could have the room if heliked. So he accepted it.
It so happened that the lawyer's home was located in the same block onVernon Avenue as was the McCarthys, and on the same side of the street.Moreover, it had been built at the same time as had that of theMcCarthys, and was very much like in appearance the one in which theywere living.
One afternoon a few days before the trial, while lingering at the bar ofthe Keystone Hotel, Baptiste was approached by Glavis, who invited himto a table nearby, where they were very much alone. He ordered thedrinks, and when they were served he began:
"Now, Baptiste, it seems we ought to be able to get together on thiscase without going into court."
"Yes?" replied Baptiste, regarding the other noncommittally.
"Yes, I think we could, and should. I think you and Orlean ought to beable to console your differences without such an extreme."
"You _think_ so?"
"Why, I do. Orlean has always--ah--rather loved you, Baptiste, and Ithink you two could make up."
"But this is not between Orlean and me, Glavis. You seem tomisunderstand. It is between N. Justine McCarthy and me."
"Of course, but it is over Orlean. You have sued father for this sum, asum you know he cannot pay in the event you should secure judgment. Sothere would be nothing left for you but to remand him to jail, whichseems to be your desire."
"Possibly so." The other was still noncommittal.
"Then why not you and I get together on this proposition before thetrial is called?"
"I don't see as I can oblige you, Glavis. There comes a time whencompromise is impossible, only vindication can suffice. And it'svindication that I want now and, regret to advise, am determined tohave."
"That seems rather severe, Baptiste."
"Why so?"
"Well, you see, I understand that the old man kinda--er, gave you theworst of it, but you ought to forget some things. Look at it from abroad viewpoint. See how expensive it is going to be, and all that."
"I considered all that before I went into it, Glavis," replied Baptistecalmly.
"Well, now, Baptiste, I want to stop this thing before it goes to court.If you had of kinda flattered the old man a little in the beginning as Idid, all would have been well."
"Why should I have done so when I didn't feel to?"
"Oh, Baptiste, you are _so_ severe!"
"When a man has suffered as I have, it is time to be severe, my friend.For your own benefit, I will say that I do not trust your father-in-law.I do not love him and never have. If it wasn't because I wish to observeand subserve to the law of the land, I would have killed him long ago._Even when I think of it now_, my bitterness is so great at times that Imust repel the inclination to strike him down for the coward he is. Soif that's all, we will call the meeting to an end," so saying he arose,strode toward the bar and ordered drinks for both. He drank his with agulp when served, and turned and left the saloon.
Glavis proceeded to his lawyer, and advised him of his inability todissuade the plaintiff.
"Couldn't dissuade him, eh?"
"Couldn't do a thing!"
"That's too bad. It might be to your advantage if you could settle thiscase out of court. When will your father-in-law be in?"
"I'm looking for him here in a day or so, now."
"M-m." The attorney was thoughtful. "This is rather an unusual case," heresumed, "and I have been studying the complaint of the plaintiff. Theold man, it seems to me, committed some very grave blunders."
"You think so?"
"Quite obvious. And while it will be difficult for the plaintiff tosecure a judgment in such a case; it is, however, apparent that thesympathy of the court will be against your father-in-law in theproceedings."
Glavis was uncomfortable.
"Now I take notice here that the plaintiff states that his wife drew acheck for two hundred dollars unknown to her husband, and that theReverend had it cashed. That may be regular, but it will not help herfather's case. Again, he complains that her father influenced the girlto sell a quarter section of land for less than one-tenth what it costthe plaintiff. Of course these are technicalities that while they cannotjustify a judgment will win the sympathy of the jury. What the plaintiffmust show, however, is that his father-in-law actually was the directcause of and did alienate the affections of his wife. Such a case is notwithout parallel, but it is uncommon. A father alienating the affectionsof his daughter.
"Now where is your sister-in-law?"
"At home."
"Wish you'd bring her down. This is a complicated case, and we've got toconduct it with directness. She can be of great assistance inextricating her father from this predicament."
"All right, sir. When shall I bring her?"
"Oh, any time that is convenient. Tomorrow morning at nine will perhapsbe the best. And, now, say! Have you any idea who the plaintiff is goingto use as witnesses?"
"Why, I think he plans to bring his grandmother from what I can hear,for one."
"His grandmother? What does she know about it?"
"Well, she was in the house when my father-in-law went on the visit andthe girl came away with him."
"I see. I'd like to know just what passed and what she heard and willtestify to. I wonder whether she will testify that she overheard yourfather-in-law abusing this Baptiste to his wife?"
"I really don't know."
"Who else?"
"I heard something about him going to bring a doctor down, and also alawyer."
"The doctor, eh?" He shook his head then a little dubiously. "Thisphysician attended the girl while she was confined?"
"I think so."
"M-m. I see here where we have recorded that your father-in-law claimsthat the girl was neglected; didn't have proper medical attention. Whatabout this? Have you any knowledge as to how many visits this doctormade to the bedside of this girl when she was sick? Any knowledge ofwhat kind of bill was rendered by him?"
"I hear that his bill amounted to something like two hundred dollars."
"Two hundred! Great Scott! And for a dead baby! Gee! We'll have to keepaway from neglect as an excuse. That's a fact. No jury will believe sucha statement if that fellow shows where he's paid such a bill as that!"
Glavis shifted uneasily. He was seeing another side of the controversy.Before he had only seen one side of it, and that side was as theReverend had had him see it.
"You send or bring the girl down here tomorrow. It will be up to _her_to keep her father out of jail, that's all. It will be up to _her_ toconvince the court that she never loved this man, that all he did forher was by persuasion, and that her father only followed herinstructions. In short, it's almost directly up to her; for theplaintiff has certainly got the goods on her dad if he can prove thatshe ever loved him."
Glavis was much disturbed when he went home. For the first time he wasable to appreciate the full circumstances. It would be up to Orlean tosave her father, and that he could see. He would take her to the lawyer,and have her carefully drilled. The success for them depended on her; onher falsifying to the court, for it could not be otherwise. For her totestify that she did not love--and had never loved Jean Baptiste, heknew would be a deliberate falsehood. It worried him, but he had to gothrough with it.
He accompanied her to the lawyer's office as agreed, and there she wasmade to understand the gravity of the situation, that everythingdepended on her statements, _and her statements only_.
Her father arrived the following day, and at the attorney's office incompan
y with Orlean and Glavis, he was impressed with the nature of thedefense. All were finally drilled in their course of action.
That night Orlean faced the most serious period in her life. She was aweak woman and her weakness had been the cause of it all. The trial wasapproaching--and the result was _up to her_. Her father's freedom, hiscontinuance in the pulpit, his vindication of the action he had takendepended upon _her_, and _her strength_.
And that strength--for on that day she would _have_ to bestrong,--_depended upon a lie_.