Part 10 (1/2)

”The court,” he said, ”has by the words just spoken by this man been sufficiently advised as to the sanity of the man himself. The court cares to hear nothing more from either side on this subject. The pet.i.tion is dismissed.”

Very probably these last words may have been as so much Greek to the juvenile members of the audience; possibly, though, they were made aware of the meaning of them by the look upon the face of Nephew Percival Dwyer and the look upon the face of Nephew Percival Dwyer's attorney. At any rate, His Honour hardly had uttered the last syllable of his decision before, from the rear of the courtroom and from the gallery above, there arose a shrill, vehement, sincere sound of yelling--exultant, triumphant and deafening. It continued for upward of a minute before the small disturbers remembered where they were and reduced themselves to a state of comparative quiet.

For reasons best known to himself, Judge Priest, who ordinarily stickled for order and decorum in his courtroom, made no effort to quell the outburst or to have it quelled--not even when a considerable number of the adults present joined in it, having first cleared their throats of a slight huskiness that had come upon them, severally and generally.

Presently the Judge rapped for quiet--and got it. It was apparent that he had more to say; and all there hearkened to hear what it might be.

”I have just this to add,” quoth His Honour: ”It is the official judgment of this court that the late defendant, being entirely sane, is competent to manage his own affairs after his preferences.

”And it is the private opinion of this court that not only is the late defendant sane but that he is the sanest man in this entire jurisdiction. Mister Clerk, court stands adjourned.”

Coming down the three short steps from the raised platform of the bench, Judge Priest beckoned to Sheriff Giles Birdsong, who, at the tail of the departing crowd, was shepherding its last exuberant members through the doorway.

”Giles,” said Judge Priest in an undertone, when the worthy sheriff had drawn near, ”the circuit clerk tells me there's an indictment fur malicious mischief ag'in this here Perce Dwyer knockin' round amongst the records somewheres--an indictment the grand jury returned several sessions back, but which was never pressed, owin' to the sudden departure frum our midst of the person in question.

”I wonder ef it would be too much trouble fur you to sort of drap a hint in the ear of the young man or his lawyer that the said indictment is apt to be revived, and that the said Dwyer is liable to be tuck into custody by you and lodged in the county jail sometime during the ensuin'

forty-eight hours--without he should see his way clear durin' the meantime to get clean out of this city, county and state! Would it?”

”Trouble? No, suh! It won't be no trouble to me,” said Mr. Birdsong promptly. ”Why, it'll be more of a pleasure, Judge.”

And so it was.

Except for one small added and purely incidental circ.u.mstance, our narrative is ended. That same afternoon Judge Priest sat on the front porch of his old white house out on Clay Street, waiting for Jeff Poindexter to summon him to supper. Peep O'Day opened the front gate and came up the gravelled walk between the twin rows of silver-leaf poplars.

The Judge, rising to greet his visitor, met him at the top step.

”Come in,” bade the Judge heartily, ”and set down a spell and rest your face and hands.”

”No, suh; much obliged, but I ain't got only a minute to stay,” said O'Day. ”I jest come out here, suh, to thank you fur whut you done to-day on my account in the big courthouse, and--and to make you a little kind of a present.”

”It's all right to thank me,” said Judge Priest; ”but I couldn't accept any reward fur renderin' a decision in accordance with the plain facts.”

”'Tain't no gift of money, or nothin' like that,” O'Day hastened to explain. ”Really, suh, it don't amount to nothin' at all, scursely. But a little while ago I happened to be in Mr. B. Weil & Son's store, doin'

a little tradin', and I run acrost a new kind of knickknack, which it seemed like to me it was about the best thing I ever tasted in my whole life. So, on the chancet, suh, that you might have a sweet tooth, too, I taken the liberty of bringin' you a sack of 'em and--and--and here they are, suh; three flavors--strawberry, lemon and vanilly.”

Suddenly overcome with confusion, he dislodged a large-sized paper bag from his side coat pocket and thrust it into Judge Priest's hands; then, backing away, he turned and clumped down the graveled path in great and embarra.s.sed haste.

Judge Priest opened the bag and peered down into it. It contained a sticky, sugary dozen of flattened confections, each moulded round a short length of wooden splinter. These sirupy articles, which have since come into quite general use, are known, I believe, as all-day suckers.

When Judge Priest looked up again, Peep O'Day was outside the gate, clumping down the uneven sidewalk of Clay Street with long strides of his booted legs. Half a dozen small boys, who, it was evident, had remained hidden during the ceremony of presentation, now mysteriously appeared and were accompanying the departing donor, half trotting to keep up with him.

CHAPTER IV

THE LUCK PIECE

Until now Trencher--to give him the name by which of all the names he used he best was known--had kept his temper in hobbles, no matter what or how great the provocation. As one whose mode of livelihood was trick and device outside the law it had behooved him ever to restrain himself from violent outbreaks, to school and curb and tame his natural tendencies as a horsebreaker might gentle a spirited colt. A man who held his disposition always under control could think faster than any man who permitted his pa.s.sions to jangle his nerves. Besides, he had the cla.s.s contempt of the high-grade confidence man--the same being the aristocrat of the underworld--for the crude and violent and therefore doubly dangerous codes of the stick-up, who is a highwayman; and the prowler, who is a burglar; and the yegg, who is a safe blower of sorts.

Until now Trencher had held fast by the self-imposed rules of his self-imposed discipline, and so doing had lived well and lived safe. It was an unfortunate thing all round that this little rat of a Sonntag had crossed him at an hour when he was profoundly irritated by the collapse of their elaborately planned and expensive scheme to divest that Cheyenne cattleman of his bank roll at the wire game. And it was a doubly unfortunate thing for Sonntag seeing that Sonntag had just been shot three times with his own automatic and was now dead or should be.

It was like Sonntag--and most utterly unlike Trencher--to whine over spilt milk and seek to s.h.i.+ft the blame for the failure of their plot to any pair of shoulders rather than his own thin pair. And to the very life it was like Sonntag that at the climax of the quarrel he should have made a gun play. As Trencher now realised, it had been his mistake in the first place that he took Sonntag on for a partner in the thwarted operation; but it had been Sonntag's great, fatal mistake that he had drawn a weapon against a man who could think faster and act faster in emergencies than Sonntag ever had been able to do. Having drawn it Sonntag should have used it. But having drawn it he had hesitated for a s.p.a.ce not to be measured in computable time--and that delay had been his undoing.