"But I don't want it postponed! A court-room scares me just half to death. I'll die if I have to put it off and go through screwing up my courage again. I just will!" She nodded her head emphatically until the bright blue plumes that fell from the back of her enormous picture-hat threatened Thomas's eyes.
He moved away from them, offering, after a moment's thought: "Well, I'll be very glad to represent you if you care to have me. There's nothing to your case, anyhow. The judge is a friend of yours, isn't he?"
Mrs. Davis hesitated and rolled her baby-blue eyes at him from under her heavily beaded lashes as she giggled. "Oh yes – he's a friend," and then, thinking better of her confidence, she ended, with a sigh, "that is, I know him – slightly."
Thomas smiled to himself, reassuring her. "Then don't give it a thought. Just leave everything to me."
A grateful hand was laid upon his arm and she looked up at him with fervid admiration. "You are so smart and so kind, Mr. Thomas. You've taken such a load off my mind. If anything went wrong after waiting all these months I'd just die – that's all there is about it."
At this moment the door of the judge's chambers opened and Lemuel Townsend appeared, clad in a Prince Albert suit and beaming on Mrs. Davis, who arose and walked well into the middle of the floor so that she should not escape his immediate attention.
This was a moment of great satisfaction for Thomas, who looked about the court-room, scrutinizing every man in it, his face brightening as he saw that John Marvin had not put in an appearance. When the sheriff had finished opening court he arose from his place at the lawyers' table, for he knew that the case of the railroad against John Marvin was the first upon the day's calendar. He pulled his revers together with a pompous gesture and opened his mouth to speak. Before he could do so Judge Townsend called to the clerk, whose desk was at one side of the bench, and suggested in low tones:
"I think this first case can go over – "
Thomas caught the words and disappointment drove the self-satisfaction from his face. He ventured to address the court: "If it please your Honor, this is an action for the wrongful taking of timber, and I've come a long way and I would like to get home – "
Townsend had not been listening to a word, his attention being concentrated on the tip of an upstanding feather on Mrs. Davis's hat, which could barely be seen over the top of his desk. "Eh? What's that?" he asked, sharply, not too pleased to be interrupted in his endeavor to catch further sight of Mrs. Davis.
Marvin not having put in an appearance, Thomas's hopes of winning the case for the railroad by default were high. He did not think Marvin would appear, but every delay might be fatal and it took an effort on his part to appear unperturbed. However, he managed to answer in urbane tones, "I was saying, your Honor, that – "
"Oh yes." Townsend bent his head and looked down with severe eyes over the top of his glasses. "Just a moment, please," he added, as Thomas would have finished his plea. Turning to the clerk, he ordered, "Let me see the list."
The list was handed to him and he ran down it, finally remarking to the clerk, "I think I will dispose of these short cases first." Half rising in his chair, he looked over the top of his desk to where Mrs. Davis was twisting and turning in her chair in an effort to get a look at him.
"Mrs. Davis," he called in gentle tones, "are you ready?"
She hurriedly precipitated herself into the middle of the space in front of the platform. "Why, yes," she answered, looking about as if she did not know where to turn and gathering her sealskin cape about her.
"I'll take your case at two o'clock," the judge said to Thomas, who shrugged his shoulders, but did not sit down as Townsend had expected him to do.
As the clerk called the case, "Davis versus Davis," Thomas moved close to the bench, exclaiming, "If it please your Honor – "
He was interrupted by a glower from Townsend, who said, "This case is Davis versus Davis, Mr. Thomas," his eyes wrinkling into a broad smile as he again turned his attention to Mrs. Davis, who stood, bewildered, not knowing whether to laugh or cry.
"I am quite aware that it is the Davis case, your Honor," Thomas answered, not without a note of triumph in his voice and demeanor. "I am the attorney for Mrs. Davis."
Thomas's announcement shocked Townsend into dropping a document he held in his hand. It fell on the desk and was blown by the strong east wind that came in from the window clear across the room. "You are?" he asked, with a mouth fallen half open from surprise and annoyance, his spectacles tilting to the end of his nose.
Thomas did not answer at once, but flushed, turning, for the sake of a few moments in which to think, toward the clerk, who was scrambling after the paper. His glance on its way back to the judge met that of Blodgett, which had both a warning and an "I-told-you-so" quality in it.
"Well?" The judge's question was drawn into a length which further embarrassed Thomas. Being a young man of poise, however, he straightened the revers of his coat and settled them with a shake upon his shoulder, replying, graciously, "Mrs. Davis has appointed me in the place of Mr. Adams."
Townsend continued to stare most ungraciously at the young man in front of him, but Thomas, unabashed, went on: "Your Honor, I believe, is familiar with the complaint and has gone over the depositions submitted by the plaintiff. As the defendant has neither entered a denial, put in an appearance, nor been represented in court, I move that the plaintiff be granted an absolute separation from the defendant."
Swift shafts of indignation bolted from Townsend's eyes back and forth between Thomas and Margaret Davis. He saw that consternation was plainly written on the latter's baby face and that tears were gathering in her big blue eyes now pleadingly uplifted to his. His jaw relaxed and a smile played at the corners of his mouth. But Thomas' complacency at the softening in the judge's attitude was too much, and Townsend snapped out, "The motion is denied."
From her chair directly in front of the judge's desk Margaret Davis immediately jumped up, her eyes opening into large, round, moist orbs which threatened to grow moister as she asked, in a voice that fear had robbed of its ingenuousness, "Does that mean I can't get a divorce?"
Thomas was about to reassure her, when he was again interrupted by the judge, whose voice flattened as he looked away from her, afraid to trust the melting effect of her coy glances. "It means that the motion of your counsel is unusual and that I have good and sufficient reasons for denying it," he said, with emphasis.
Margaret put her handkerchief to her eyes to stem the threatening tide, while Thomas hastened to forestall the avalanche by informing her, as he placed a comforting hand on her arm, that he would be able, at least, to try the case.
Had Lem Townsend been able to prevent the latter, he would have done so, but he was too young as a jurist to allow criticism of his knowledge of points of law, and he reluctantly gave consent to the trial of the case.
It was with a beating heart and a jaw set against the impending quiver of a not too slender frame that she held up her hand for the oath and took her place upon the stand, looking about with a terror that was new born in eyes heretofore ungiven to everything but treacle. Her lips trembled an almost inaudible reply to the clerk's question.
She was still standing, and Thomas, noticing this, motioned her to be seated, beginning at the same time her examination.
"Mrs. Davis, where do you live?" he asked. His own tones were of no certain quality, for the firm pressure of Townsend's white lips and his obvious intention of steering clear of any attempt at honeyed coercion on Margaret Davis's part were not encouraging.
In vain she cast her eyes about in an effort to inveigle the sympathy of Lem Townsend. He stared straight ahead at the paper in front of him, although he saw not a word. Her answer to Thomas's question came with a gasp. "New York." Then realizing that her case was lost and her entire six months' sojourn at Calivada was as nothing unless she immediately corrected her mistake, she gasped a second time as she drew the folds of her blue-velvet cape about her. "Oh no! I don't mean that at all. I live here – I live here in Nevada and I've lived here long enough to get a divorce. The judge – " and here she stopped for breath, making another attempt to corral his stubborn favor – "his Honor – " she jerked, with a quick breath, "can tell – you that."
But the judge did not smile and his eyes remained rigid in their sockets as they glared at the paper in his hand.
"Just answer the questions, please, Mrs. Davis," Thomas cautioned her pleasantly, although as a witness she was disconcerting.
"Well," she drawled, fidgeting in her chair, "that's not easy when you're sworn to tell the truth."
A titter ran through the court-room and was brought to an abrupt end by the sheriff's gavel.
Thomas resumed his examination. "You are the wife of Gerald Davis, are you not?"
She nodded.
"And when and where were you married to him?"
"Seven years ago, October fifth – in Peoria." She glanced about at the sea of smiling faces, again seeking sympathy from the judge.
Again he was adamant.
"You were living in Peoria?"
The insinuation that anything less than a metropolis should be her abiding-place was more than she could bear and in turbulent leaps, broken by her gasps for breath, she blurted, her lips quivering and her eyes filling with tears: "I should – say – not! My husband and I were playing there. We were partners doing a dancing act – "
Thomas tried to interrupt her and succeeded with half a question. "When did your husband first show signs of not loving you and – "
He got no farther, for she went on, determined to get over the disagreeable business of being truthful. "He stopped loving me about a year before we were married."
This time a storm of laughter surged through the court-room and it took several taps of Blodgett's gavel to regain quiet. Undaunted, she finished her story. "It's really hard to explain why we were married. You see" – she hesitated and resumed jerkily – "we were in Peoria – and we were partners – and – and – it rained all week – Well, somehow it seemed a good idea at the time."
At this point it became necessary for Townsend, in order to maintain the dignity of the bench, to caution the spectators that if there were any more such outbursts of joy he would have the court-room cleared.
Thomas still maintained his control, although cold perspiration was wilting his highly polished collar. "But after you were married he was cruel to you, was he not?" he asked.
"I should say he was!" The answer was accompanied by an emphatic nod of the head and again she flew onward, over his head, determined that she should tell the truth, the whole truth, and nothing but the truth.
"Why," she opened her left hand and enumerated the said Gerald Davis's shortcomings by pressing its fingers with the thumb and forefinger of her right hand, "he put his name on the bill in larger type than mine. He tried to strike me once – but he was a poor judge of distance. And – and – " she stopped. This time her appeal was directed to Thomas.