By Advice of Counsel Part 28

"Well, then!" exclaimed Payson exultantly.

"But," continued the lawyer, "that does not prove that he did not intend it to have a moral effect,--and expect you to honor and respect his wishes, just as if he had whispered them to you with his dying breath."

There was something in his demeanor which, while courteous, had a touch of severity, that made Payson feel abashed. He perceived that he could not afford to let Mr. Tutt think him a cad,--when he was really a C.J.

Fox. And in his mental floundering his brain came into contact with the only logical straw in the entire controversy.

"Ah!" he said with an a.s.sumption of candor. "In that case I should know positively that they were in fact my father's wishes."

"Exactly!" replied Mr. Tutt. "And you'd carry them out without a moment's hesitation."

"Of course!" yielded Payson.

"Then the whole question is whether or not this paper does express a wish of his. That problem is a real problem, and it is for you alone to solve,--and, of course, you're under the disadvantage of having a financial interest in the result, which makes it doubly hard."

"All the same," maintained the boy, "I want to be fair to myself."

"--And to him," added Mr. Tutt solemnly. "The fact that this wish is not expressed in such a way as to be legally obligatory makes it all the more binding. In a way, I suppose, that is your hard luck. You might, perhaps, fight a provision in the will. You can't fight this--or disregard it, either."

"I don't exactly see why this is any _more_ binding than a provision in the will itself!" protested Payson.

Mr. Tutt threw his stogy into the fire and fumbled for another in the long box on the library table.

"Maybe it isn't," he conceded, "but I've always liked that specious anecdote attributed to Sheridan who paid his gambling debts and let his tailor wait. You remember it, of course? When the tailor demanded the reason for this Sheridan told him that a gambling debt was a debt of honor and a tailor's bill was not, since his fortunate adversary at the card table had only his promise to pay, whereas the tailor possessed an action for an account which he could prosecute in the courts.

"'In that case!' declared the tailor, 'I'll tear up my bill!' which he did, and Sheridan thereupon promptly paid him. Have another nip of brandy?"

"No, thank you!" answered Payson. "It's getting late and I must be going. I've--I've had a perfectly--er--ripping time!"

"You must come again soon!" said Mr. Tutt warmly, from the top of the steps outside.

As Payson reached the sidewalk he looked back somewhat shamefacedly and said:

"Do you think it makes any difference what sort of a person this Sadie Burch is?"

In the yellow light of the street lamp it seemed to the collegian as if the face of the old man bore for an instant a fleeting resemblance to that of his father.

"Not one particle!" he answered. "Good night, my boy!"

But Payson Clifford did not have a good night by any manner of means.

Instead of returning to his hotel he wandered aimless and miserable along the river front. He no longer had any doubt as to his duty. Mr.

Tutt had demolished Tutt in a breath,--and put the whole proposition clearly. Tutt had given, as it were, and Mr. Tutt had taken away.

However, he told himself, that wasn't all there was to it; the money was his in law and no one could deprive him of it. Why not sit tight and let Mr. Tutt go to the devil? He need never see him again! And no one else would ever know! Twenty-five thousand dollars? It would take him years to earn such a staggering sum! Besides, there were two distinct sides to the question. Wasn't Tutt just as good a lawyer as Mr. Tutt? Couldn't he properly decide in favor of himself when the court was equally divided?

And Tutt had said emphatically that he would be a fool to surrender the money. As Payson Clifford trudged along the shadows of the docks he became obsessed with a curious feeling that Tutt and Mr. Tutt were both there before him; Mr. Tutt--a tall, benevolent figure carrying a torch in the shape of a huge, black, blazing stogy that beckoned him onward through the darkness; and behind him Tutt--a little paunchy red devil with horns and a tail--who tweaked him by the coat and twittered, "Don't throw away twenty-five thousand dollars! The best way is to leave matters as they are and let the law settle everything. Then you take no chances!"

But in the end--along about a quarter to seven A.M.--Mr. Tutt won.

Exhausted, but at peace with himself, Payson Clifford stumbled into the Harvard Club on Forty-fourth Street, ordered three fried eggs done on one side, two orders of bacon and a pot of coffee, and then wrote a letter which he dispatched by a messenger to Tutt & Tutt.

"Gentlemen," it read: "Will you kindly take immediate steps to find Miss Sarah Burch and pay over to her twenty-five thousand dollars from my father's residuary estate. I am entirely satisfied that this was his wish. I am returning to Cambridge to-day. If necessary you can communicate with me there.

"Yours very truly,

"PAYSON CLIFFORD."

One might suppose that a legatee to twenty-five thousand dollars could be readily found; but Miss Sadie Burch proved a most elusive person. No Burches grew in Hoboken--according to either the telephone or the business directory--and Mr. Tutt's repeated advertis.e.m.e.nts in the newspapers of that city elicited no response. Three months went by and it began to look as if the lady had either died or permanently absented herself--and that Payson Clifford might be able to keep his twenty-five thousand with a clear conscience. Then one day in May came a letter from a small town in the central part of New Jersey from Sadie Burch. She had, she said, only just learned entirely by accident that she was an object of interest to Messrs. Tutt & Tutt. Unfortunately, it was not convenient for her to come to New York City, but if she could be of any service to them she would be pleased, etc.

"I think I'll give the lady the once-over!" remarked Mr. Tutt, as he looked across the glittering bay to the shadowy hills of New Jersey.

"It's a wonderful day, and there isn't much to do here...."

"Sadie Burch? Sadie Burch? Sure, I know her!" answered the lanky man driving the flivver tractor nearby, as he inspected the motor carrying Mr. Tutt. "She lives in the second house beyond the big elm--" and he started plowing again with a great clatter.

The road glared white in the late afternoon sun. On either side stretched miles of carefully cultivated fields, the country drowsed, the air hot, but sweet with magnolia, lilac and apple blossoms. Miss Burch had obviously determined that when she retired from the world of men she would make a thorough job of it and expose herself to no temptation to return--eight miles from the nearest railroad. Just beyond the elms they slowed up alongside a white picket fence enclosing an old-fashioned garden whence came to Mr. Tutt the busy murmur of bees. Then they came to a gate that opened upon a red-tiled, box-bordered, moss-grown walk, leading to a small white house with blue and white striped awnings. A green and gold lizard poked its head out of the hedge and eyed Mr. Tutt rather with curiosity than hostility.

"Does Miss Sadie Burch live here?" asked Mr. Tutt of the lizard.

"Yes!" answered a cheerful female voice from the veranda. "Won't you come up on the piazza?"

The voice was not the kind of voice Mr. Tutt had imagined as belonging to Sadie Burch. But neither was the lady on the piazza that kind of lady. In the shadow of the awning in a comfortable rocking chair sat a white-haired, kindly-faced woman, knitting a baby jacket. She looked up at him with a friendly smile.

"I'm Miss Burch," she said. "I suppose you're that lawyer I wrote to?

Won't you come up and sit down?"

"Thanks," he replied, drawing nearer with an answering smile. "I can only stay a few moments and I've been sitting in the motor most of the day. I might as well come to the point at once. You have doubtless heard of the death of Mr. Payson Clifford, Senior?"

Miss Burch laid down the baby-jacket and her lips quivered. Then the tears welled in her faded blue eyes and she fumbled hastily in her bosom for her handkerchief.

"You must excuse me!" she said in a choked voice. "--Yes, I read about it. He was the best friend I had in the world,--except my brother John.

The kindest, truest friend that ever lived!"

She looked out across the little garden and wiped her eyes again.

Mr. Tutt sat down upon the moss-covered door-step beside her.

"I always thought he was a good man," he returned quietly. "He was an old client of mine--although I didn't know him very well."

"I owe this house to him," continued Miss Burch tenderly. "If it hadn't been for Mr. Clifford I don't know what would have become of me. Now that John is dead and I'm all alone in the world this little place--with the flowers and the bees--is all I've got."

They were silent for several moments. Then Mr. Tutt said:

"No, it isn't all. Mr. Clifford left a letter with his will in which he instructed his son to pay you twenty-five thousand dollars. I'm here to give it to you."

A puzzled look came over her face, and then she smiled again and shook her head.

"That was just like him!" she remarked. "But it's all a mistake. He paid me back that money five years ago. You see he persuaded John to go into some kind of a business scheme with him and they lost all they put into it--twenty-five thousand apiece. It was all we had. It wasn't his fault, but after John died Mr. Clifford made me--simply made me--let him give the money back. He must have written the letter before that and forgotten all about it!"