Tutt and Mr. Tutt Part 22

Timidly Mr. Appleboy approached the dais.

"Don't do it again!" remarked His Honor shortly.

"Eh? Beg pardon, Your Honor, I mean--"

"I said: 'Don't do it again!'" repeated the judge with a twinkle in his eye. Then lowering his voice he whispered: "You see I come from Livornia, and I've known Andrew for a long time."

As Tutt guided the Appleboys out into the corridor the party came face to face with Mr. and Mrs. Tunnygate.

"Huh!" sneered Tunnygate.

"Huh!" retorted Appleboy.

Wile Versus Guile

For 'tis the sport to have the engineer Hoist with his own petar.--HAMLET.

It was a mouse by virtue of which Ephraim Tutt had leaped into fame. It is true that other characters famous in song and story--particularly in "Mother Goose"--have similarly owed their celebrity in whole or part to rodents, but there is, it is submitted, no other case of a mouse, as mouse _per se_, reported in the annals of the law, except Tutt's mouse, from Doomsday Book down to the present time.

Yet it is doubtful whether without his mouse Ephraim Tutt would ever have been heard of at all, and same would equally have been true if when pursued by the chef's gray cat the mouse aforesaid had jumped in another direction. But as luck would have it, said mouse leaped foolishly into an open ca.s.serole upon a stove in the kitchen of the Comers Hotel, and Mr. Tutt became in his way a leader of the bar.

It is quite true that the tragic end of the mouse in question has nothing to do with our present narrative except as a side light upon the vagaries of the legal career, but it ill.u.s.trates how an attorney if he expects to succeed in his profession, must be ready for anything that comes along--even if it be a mouse.

The two Tutts composing the firm of Tutt & Tutt were both, at the time of the mouse case, comparatively young men. Tutt was a native of Bangor, Maine, and numbered among his childhood friends one Newbegin, a commercial wayfarer in the shingle and clapboard line; and as he hoped at some future time to draw Newbegin's will or to incorporate for him some business venture Tutt made a practise of entertaining his prospective client at dinner upon his various visits to the metropolis, first at one New York hostelry and then at another.

Chance led them one night to the Comers, and there amid the imitation palms and imitation French waiters of the imitation French restaurant Tutt invited his friend Newbegin to select what dish he chose from those upon the bill of fare; and Newbegin chose kidney stew. It was at about that moment that the adventure which has been referred to occurred in the hotel kitchen. The gray cat was cheated of its prey, and in due course the ca.s.serole containing the stew was borne into the dining room and the dish was served.

Suddenly Mr. Newbegin contorted his mouth and exclaimed:

"Heck! A mouse!"

It was. The head waiter was summoned, the manager, the owner. Guests and garcons crowded about Tutt and Mr. Newbegin to inspect what had so unexpectedly been found. No one could deny that it was, mouse--cooked mouse; and Newbegin had ordered kidney stew. Then Tutt had had his inspiration.

"You shall pay well for this!" he cried, frowning at the distressed proprietor, while Newbegin leaned piteously against a papier-mache pillar. "This is an outrage! You shall be held liable in heavy damages for my client's indigestion!"

And thus Tutt & Tutt got their first case out of Newbegin, for under the influence of the eloquence of Mr. Tutt a jury was induced to give him a verdict of one thousand dollars against the Comers Hotel, which the Court of Appeals sustained in the following words, quoting verbatim from the learned brief furnished by Tutt & Tutt, Ephraim Tutt of counsel:

"The only legal question in the case, or so it appears to us, is whether there is such a sale of food to a guest on the part of the proprietor as will sustain a warranty. If we are not in error, however, the law is settled and has been since the reign of Henry the Sixth. In the Ninth Year Book of that Monarch's reign there is a case in which it was held that 'if I go to a tavern to eat, and the taverner gives and sells me meat and it corrupted, whereby I am made very sick, action lies against him without any express warranty, for there is a warranty in law'; and in the time of Henry the Seventh the learned Justice Keilway said, 'No man can justify selling corrupt victual, but an action on the case lies against the seller, whether the victual was warranted to be good or not.' Now, certainly, whether mouse meat be or be not deleterious to health a guest at a hotel who orders a portion of kidney stew has the right to expect, and the hotel keeper impliedly warrants, that such dish will contain no ingredients beyond those ordinarily placed therein."

"A thousand dollars!" exulted Tutt when the verdict was rendered. "Why, anyone would eat mouse for a thousand dollars!"

The Comers Hotel became in due course a client of Tutt & Tutt, and the mouse which made Mr. Tutt famous did not die in vain, for the case became celebrated throughout the length and breadth of the land, to the glory of the firm and a vast improvement in the culinary conditions existing in hotels.

"Come in, Mr. Barrows! Come right in! I haven't seen you for--well, how long is it?" exclaimed Mr. Tutt, extending a long welcoming arm toward a human scarecrow upon the threshold.

"Five years," answered the visitor. "I only got out day before yesterday. Fourteen months off for good behavior."

He coughed and put down carefully beside him a large dress-suit case marked E.V.B., Pottsville, N.Y.

"Well, well!" sighed Mr. Tutt. "So it is. How time flies!"

"Not in Sing Sing!" replied Mr. Barrows ruefully.

"I suppose not. Still, it must feel good to be out!"

Mr. Barrows made no reply but dusted off his felt hat. He was but the shadow of a man, an old man at that, as was attested by his long gray beard, his faded blue eyes, and the thin white hair about his fine domelike forehead.

"I forget what your trouble was about," said Mr. Tutt gently. "Won't you have a stogy?"

Mr. Barrows shook his head.

"I ain't used to it," he answered. "Makes me cough." He gazed about him vaguely.

"Something about bonds, wasn't it?" asked Mr. Tutt.

"Yes," replied Mr. Barrows; "Great Lakes and Canadian Southern."

"Of course! Of course!"

"A wonderful property," murmured Mr. Barrows regretfully. "The bonds were perfectly good. There was a defect in the foreclosure proceedings which made them a permanent underlying security of the reorganized company--under The Northern Pacific R.R. Co. vs. Boyd; you know--but the court refused to hold that way. They never will hold the way you want, will they?" He looked innocently at Mr. Tutt.

"No," agreed the latter with conviction, "they never will!"

"Now those bonds were as good as gold," went on the old man; "and yet they said I had to go to prison. You know all about it. You were my lawyer."

"Yes," a.s.sented Mr. Tutt, "I remember all about it now."

Indeed it had all come back to him with the vividness of a landscape seen during a lightning flash--the crowded court, old Doc Barrows upon the witness stand, charged with getting money on the strength of defaulted and outlawed bonds--picked up heaven knows where--pathetically trying to persuade an unsympathetic court that for some reason they were still worth their face value, though the mortgage securing the debt which they represented had long since been foreclosed and the money distributed.

"I'd paid for 'em--actual cash," he rambled on. "Not much, to be sure--but real money. If I got 'em cheap that was my good luck, wasn't it? It was because my brain was sharper than other folks'! I said they had value and I say so now--only n.o.body will believe it or take the trouble to find out. I learned a lot up there in Sing Sing too," he continued, warming to his subject. "Do you know, sir, there are fortunes lying all about us? Take gold, for instance! There's a fraction of a grain in every ton of sea water. But the big people don't want it taken out because it would depress the standard of exchange. I say it's a conspiracy--and yet they jailed a man for it! There's great mineral deposits all about just waiting for the right man to come along and develop 'em."

His lifted eye rested upon the engraving of Abraham Lincoln over Mr.

Tutt's desk. "There was a man!" he exclaimed inconsequently; then stopped and ran his transparent, heavily veined old hand over his forehead. "Where was I? Let me see. Oh, yes--gold. All those great properties could be bought at one time or another for a song. It needed a pioneer! That's what I was--a pioneer to find the gold where other people couldn't find it. That's not any crime; it's a service to humanity! If only they'd have a little faith--instead of locking you up.

The judge never looked up the law about those Great Lakes bonds! If he had he'd have found out I was right! I'd looked it up. I studied law once myself."

"I know," said Mr. Tutt, almost moved to tears by the sight of the wreck before him. "You practised up state, didn't you?"

"Yes," responded Doc Barrows eagerly. "And in Chicago too. I'm a member of the Cook County bar. I'll tell you something! If the Supreme Court of Illinois hadn't been wrong in its law I'd be the richest man in the world--in the whole world!" He grabbed Mr. Tutt by the arm and stared hard into his eyes. "Didn't I show you my papers? I own seven feet of water front clean round Lake Michigan all through the city of Chicago I got it for a song from the man who found out the flaw in the original t.i.tle deed of 1817; he was dying. 'I'll sell my secret to you,' he says, 'because I'm pa.s.sing on. May it bring you luck!' I looked it all up and it was just as he said. So I got up a corporation--The Chicago Water Front and Terminal Company--and sold bonds to fight my claim in the courts. But all the people who had deeds to my land conspired against me and had me arrested! They sent me to the penitentiary. There's justice for you!"

"That was too bad!" said Mr. Tutt in a soothing voice. "But after all what good would all that money have done you?"

"I don't want money!" affirmed Doc plaintively. "I've never needed money. I know enough secrets to make me rich a dozen times over. Not money but justice is what I want--my legal rights. But I'm tired of fighting against 'em. They've beaten me! Yes, they've beaten me! I'm going to retire. That's why I came in to see you, Mr. Tutt. I never paid you for your services as my attorney. I'm going away. You see my married daughter lost her husband the other day and she wants me to come up and live with her on the farm to keep her from being lonely. Of course it won't be much like life in Wall Street--but I owe her some duty and I'm getting on--I am, Mr. Tutt, I really am!"