By The Sea Part 2

"She did n't never tell you," he said, "that she was going to give you the boy, did she?"

"No, sir;" said Captain Pelham.

"How often did your wife come over to see her?"

"I could n't tell you, sir," said the Captain.

"Not very often, did she?"

"I think not," the Captain admitted.

"The boy's mother did n't never talk much about Mis' Captain Pelham, did she?"

"I don't remember that she did."

"She did n't never have her over to talk with her about what she was going to do with the boy, did she?"

"I don't know that she did," said the Captain. "She is here; you can ask her."

"You didn't never hear of her leaving no word with Mis' Captain Pelham about taking care of the boy, did you?"

"I can't say that I did," said Captain Pelham.

The old man nodded his head with a satisfied air. His cross-examination was done.

The Captain retired from the witness-stand; his lawyer whispered with him a moment and then went over and whispered for two or three minutes with Mrs. Pelham; then he said he had no more evidence to offer.

"Mr. Parsons," said the judge, "do you wish to testify?"

James went to the witness-stand and was sworn.

"Did n't your daughter ever talk about what she wanted done with the boy?"

"Talk about it?" said James. "Why, she didn't talk about nothing else.

She used to have it all over every time we went in. It was all about how mother 'n me must do this with him and do that with him,--how he was to go to school, what room he was going to sleep in to our house, and all that."

Mr. Baker desired to make no cross-examination, and James's wife was called, and testified in her quaint way to the same effect.

By a keen, homely instinct James had half consciously foreseen what would be the controlling element of the case; and while he had not formulated it to himself he had brought with him one of his neighbors, who had watched with his daughter through the last nights of her life. She was one of the poorest women of the village. Her husband was shiftless, and was somewhat given to drink. She had a large family, with little to bring them up on. Her life had been one long struggle. She was extremely poorly dressed, and although she was neat, there was an air of unthrift or discouragement about her dress. She wore an oversack which evidently had originally been made for some one else; it lacked one b.u.t.ton. She was faded and worn and homely; but the moment she spoke she impressed you as a woman of conscience. She had talked in the long watches of the night with the boy's mother, and she confirmed what James and his wife had said. There could be no question what the mother had desired.

Mr. Baker ventured out upon the thin ice of cross-examination.

"She must have talked about her father-in-law, Captain Pelham?" he said.

"Oh, yes," said the woman, "often."

"She seemed to be attached to him?"

"Yes, indeed," said the woman, quickly; "she was always telling how good he was to her; I have heard her say there was n't no better man in the world."

"She must have talked about what he could do for the boy?"

"Yes," said the woman. "She expected him to do for Joe."

"Did n't she ever say," and the lawyer looked round at James,--"did n't you ever hear her say that she was worried sometimes for fear her father would not be careful enough about the boy?"

The woman hesitated a moment. "Yes," she said, "I have heard her say so, but that 's what every mother says."

"What reason did you ever hear her give," the lawyer asked, "why she would rather have him stay over there than to go and be brought up by his grandfather Pelham?"

The woman looked around timidly at the judge. "Be I obliged to answer?"

she said.

The judge nodded.

The woman looked toward Captain Pelham with an embarra.s.sed air. He was the best friend she had in the world.

"I rather not say nothing about that," she said; "it 's no account, anyway."

"Oh, tell us what she said," said Mr. Baker.

He felt that he had made some progress up to that point with his cross-examination.

"Well, it was n't much," said the woman; "it was only like this. I have heard her say that Miss Captain Pelham was a good woman and meant to do what was right, but she was n't a woman that knew how to mother a little boy." And here the witness began to cry.

The judge moved slightly in his chair.

There was more or less rambling talk about the way the boy was allowed to run loose on the sh.o.r.e, and some suggestions were made in the way of conversational argument about his being allowed to go barefoot, and to go in swimming when he pleased; but the judge seemed to pay very little attention to that. "That 's the way we were all brought up," he said.

"It is good for the boy; he 'll learn to take care of himself, and his mother knew all about it.

"It is plain enough," he said at last, "that there would be some advantages to the boy in going to live with Captain Pelham; but there is one thing that has been overlooked which would probably have been suggested if the pet.i.tioner Parsons had had counsel. It has been a.s.sumed that the boy would be cut loose in future from his grandfather Pelham unless he was put under his guardianship; but that is n't so. All his grandparents will look out for him, and when he gets older, and wants to go into business, here or elsewhere, Captain Pelham will look after him just the same as if he were his guardian. The other grandfather has n't got the means to advance him. I am not at all afraid about that," he said; "the only question here is, where he shall be deposited for the next five or six years. Either place is good enough. His father had a right to fix it by will if he had chosen to; but he did n't, and I think we must consider it a matter for the women to settle: they know best about such things. It is plain that his mother thought it would be best for him to stay where he is, and she knew best. He 's wonted there, and wants to stay."

Then he took up his pen and wrote on Captain Pelham's pet.i.tion an order of dismissal. On the other he filled out and signed the decree granting guardianship to James Parsons, and approved the bond. Then he handed the papers to the register and called the next case.

From this day on, little was seen of Captain Pelham at James's house.

Sometimes he would stop in his buggy and take the boy off with him for a little stay; but Joe soon wearied of formality, and grew restless for James, for his grandmother Parsons, for the free life of the little wharf and the sh.o.r.e. Life always opened fresh to him on his return.

Once and only once Captain Pelham entered James's door-yard. James was sitting in an armchair under an apple-tree by the well, smoking and reading the paper. The Captain began, this time, with no introduction.

"Fred Gooding," he said, "tells me you are talking of letting Joe go out with Pitts in his boat You know Pitts is no fit man."

"You tell Fred Gooding he don't know what he 's talking about," said James, as he rose from his chair, holding the paper in his hand. "What I told Pitts was just the contr'y,--the boy should n't go along o' him."

Then his anger began to rise. "But what right you got," he demanded, "to interfere? 'T ain 't none of your business who I let him go along of.

It's me that's the boy's guardeen."

"Very well," said the Captain. "Only I tell you fairly,--the first time I get word of anything, I 'll go to the probate court and have you removed!"

James followed him down the path with derisive laughter. "Why don't you go to the probate court?" he said; "you hed great luck before!" And as the Captain drove away, James shouted after him, "Go to the probate court! Go to the probate court!"