"He deserted you, did he not?" Thomas eagerly took up the thread, hoping to unravel the snarl she had worked with it.
"Well, we parted – "
"After he deserted you?"
Before Mrs. Davis could answer the last question, Townsend straightened the spectacles on his nose and entered the case. Slowly welling within him was a jealousy now overwhelming. His political ambitions alone had stood in the way of his descending from the bench and throwing Thomas out of the court-room. It was only by remaining silent that he had curbed his temper. Now it broke away from him, and he turned, thundering, "So far, Mr. Thomas, the witness has not testified that her husband deserted her!"
"Oh – " Margaret Davis turned squarely in her chair, pursing her carmine lips into an irresistible moue. "Of course he deserted me! We were playing in Chicago, and I went West and he stayed there and – "
"That looks to me, madam, as if you deserted him. So far, your testimony has not brought out anything to substantiate your complaint."
Tears unrestrained burst forth at this moment. The thought that not only had she lost all chance of securing her freedom, but that Lemuel Townsend, whose attentions had helped to while away a six months which would otherwise have been dull to one accustomed to a barrage of suitors at the stage door, was more than she could bear. Pointing to Thomas, she sobbed into a purple silk handkerchief that smelled not faintly of patchouli. "That's because he told me to do nothing but answer his questions, and then he asked me all the wrong things – " Her emotion, out of bounds, spent itself in a cataract of tears. Unable to go on, she sat there, trying to stem the tears with a handkerchief inadequate for their volume.
Thomas tried to save his case. "Your Honor – I – "
He hesitated, Margaret Davis coming to his rescue. "Oh, I don't mean to blame you," she said to him, addressing the last of her remark to the judge. "He doesn't know anything about my case!"
What Lemuel Townsend would have liked to do at that moment was to have taken her in his arms and reassure her, as old fools are apt to do with naïve young creatures. But her apparent friendliness with Thomas and her deceitfulness in employing him for her attorney was more than he could condone. He would not relax his stern exterior, although his interior was softening. "Then, why," he asked, in measured tones, "is he appearing for you if he does not understand your case?"
Recognizing the opportunity for explanation, Margaret wiped her eyes, sniffed, and, went on: "My lawyer's sick, you see. And I wanted to tell you all about it, but Mr. Thomas explained that I couldn't see you. And he said he'd do everything for me, and you'd give me a divorce without any trouble at all."
Thomas whitened and turned to the table, where he fingered his brief-case nervously. He could not brave the glare which he knew Townsend was directing at him, nor the tirade he feared would follow.
"When did he tell you all that?" the judge asked, his nostrils quivering with rage, his voice strained to a tenor.
"Just now." Margaret grew happily voluble and she nodded her head back and forth like a child of six as she ogled the judge. "When I came into court he was here and I told him the trouble I was in. It's the only time I've seen him since you asked me not to."
Townsend was so relieved that he did not hear the last of her remark and the noisy delight of the spectators also escaped him. He was bent upon one purpose, that of chastising Thomas. "Why didn't you tell me this before?" he asked Margaret, in tender tones, forgetting, in his ardor, that there was such a thing as a court-room. He leaned far over the desk and beamed upon her. "There, there, don't let it upset you." He offered her a glass of water.
As she took it, Thomas stepped up to the bench again and tried to palliate the judge's wounded sensibilities. "If your Honor please, I was simply acting from a friendly standpoint and I thought – "
"No matter what your motives were, sir, you presumed when you told the plaintiff what the court's rulings would be." He turned abruptly from Thomas and leaned graciously toward the plaintiff. "Now, Mrs. Davis," he resumed, "let me question you. Why did you leave your husband in Chicago?"
Reassured, Margaret bridled coyly and answered, lifting her lids to the judge: "Because he didn't show up for a performance and I had to go on alone – and afterward the manager told him the act was better without him. And he sulked and stayed away from the theater all the rest of the week and on our next jump he refused to go with me." Her last words dwindled into a plaintive whine.
"And you were obliged to go without him?" Lem Townsend subtly gave a slight nod of his head which Margaret caught and interpreted into a vigorous acquiescence with her own curly blond head.
"Did you try to have him go with you?" Again the hint and again Margaret scored her point.
"Of course I did!" she responded. "I mean, yes – your Honor. But he said he'd show me how long I could go it on my own; but I showed him, for I've never seen him since. I only heard from him once and that was when I sent him money."
"Have you tried to see him?" Lem Townsend asked the last question grudgingly, but he felt that his own honor in the case was in danger of impeachment, and he was sure that his slight nod would be followed as it had before. He was right.
"Of course I did. Mr. Blackmore – he was our manager – gave me his sworn statement."
Townsend for the first time really saw the paper in front of him. He read it carefully, answering in tones of quick delight. "Yes, here it is and a deposition dated Chicago stating that Davis left you without warning and refused to dance with you again."
"Yes, your Honor," she cooed.
There was silence while Townsend scrutinized the papers in front of him. Margaret sat with her eyes anxiously fastened on him. With a nod of satisfaction he shoved the papers aside and, smiling down at her, announced in kindly tones, "Your decree is granted."
"Your Honor!" She arose from her chair and sat down in it again, a copious flow of tears making it impossible for her to leave the stand.
Townsend reached for the glass of water and held it toward her once again. "Please, please, Mrs. Davis," he endeavored to calm her, but his compassion only served to bring on another storm. "I'm so emotional," she sobbed, "I can't stop it!"
Townsend looked about helplessly. A sudden awakening to his own prerogative solved the dilemma. "Mr. Sheriff, announce a recess," he ordered. And leaving the bench, he went to Mrs. Davis and guided her into his chambers.
The crowd filed out of the court-room, while Thomas, weak with shame and disappointment, took his seat at the table again, impatiently toying with a paper-knife that had fallen from his pin-seal brief-case.
Blodgett went to him and leaned over with the intention of reassuring him, when there was a disturbance at the window which opened from a balcony a few feet above the street. Both of the men turned just in time to see John Marvin climb through the window and pull his suit-case in after him.
The sheriff stepped forward, hesitating as he realized his powers were negative in a court-room.
"Here, what you doing?" the clerk called out, getting up from his desk.
The sheriff glared and handled the manacles in his pocket with an intemperate disgust.
Marvin looked at him and laughed, answering the clerk. "I've got business in this court. I'm John Marvin and I'm appearing in the case the Pacific Railroad has brought against me." He did not deign to glance at Thomas, who had arisen, facing him, white from the blow to his hope of obtaining a judgment by default.
Marvin went calmly to the other end of the attorneys' table and opened up his shabby brown-canvas brief-case. He whistled to himself softly as he did so and glanced at Thomas, whose pallid mouth was drawn into a dogged sneer.
Blodgett went back to his seat just within the swinging gates that gave entrance behind the railing and sat glaring at Marvin. Quiet reigned in the court; then a faint shuffle of feet was heard beyond the door.
As Blodgett looked around, the door of the court-room opened gently and Bill Jones, clad in a Civil War veteran's uniform, faded from the sun, its brass buttons tarnished, and wearing his soldier's black soft hat with its gold cord cocked jauntily over one eye, sauntered down the aisle, holding out his hand to Marvin, who had jumped from his seat and bounded around the table to greet him.
"Hello, John!" Lightnin' drawled, grinning. "How's tricks? You look kinder legal this morning?"
CHAPTER XVI
As Bill made his way through the swinging gates, Blodgett put out a detaining arm, asking, with a scowl, "Here, what do you want?"
"Been arrestin' any one in California lately?" Bill slid past Blodgett, ignoring his attempt to stop him, the old twinkle in his eye as he touched what he knew to be the sheriff's sensitive spot.
"Well, Lightnin'," Marvin exclaimed, "how did you get here and what in the world have you come for?"
"Yer case ain't over yet, is it?"
Marvin shook his head, repeating his first question.
Bill did not reply at once. Not wanting Marvin to know that he and Zeb had been nearly two weeks getting there, and that they had come in much the same way they had gone, riding when they could get a lift on a train or a wagon, walking when they could not, he pretended to forget the young man's questions, asking one himself instead, "What time your case comin' up?"
"Two o'clock."
The sheriff sauntered up to them. Bill knew the purpose of his approach was to catch the drift of their conversation, so he turned abruptly, his hands in his back pockets, and grinned at Blodgett. Nodding toward Marvin, he drawled, "I'm a witness for him. I got to testify how you served a warrant on him."
The sheriff glared and slouched over to his chair, throwing himself into it as he pulled his black sombrero down over his eyes.
Marvin, his arm about Bill's shoulders, leaned over him, guiding him gently to the attorneys' table. "Well, Lightnin'," he questioned, in an indulgent voice, "how did you happen to show up here?"