The Grafters Part 20

"No news of MacFarlane?"

"Plenty of it. His health is still precarious, and will likely remain so until the spoilsmen have picked the skeleton clean."

Hunnicott was silent for a full minute. Then he said:

"Say, Kent, hasn't it occurred to you that they are rather putting meat on the bones instead of taking it off? Their bills for betterments must be out of sight."

It had occurred to Kent, but he gave his own explanation of Major Guilford's policy in a terse sentence.

"It is a part of the bluff; fattening the thing a little before they barbecue it."

"I suppose so. It's a pity we don't live a little farther back in the history of the world: say at a time when we could hire MacFarlane's doctor to obliterate the judge, and no questions asked."

Who can explain how it is that some jesting word, trivial and purposeless it may be, will fire a hidden train of thought which was waiting only for some chance spark? "Obliterate the judge," said Hunnicott in grim jest; and straightway Kent saw possibilities; saw a thing to be done, though not yet the manner of its doing.

"If you'll excuse me," he said abruptly to his companion, "I believe I'll try to catch the Flyer back to the capital. I came down to see about selling those lots of mine, but if you will undertake it for me----"

"Of course," said Hunnicott; "I'll be only too glad. You've ten minutes: can you make it?"

Kent guessed so, and made the guess a certainty with two minutes to spare.

The through sleeper was lightly loaded, and he picked out the most unneighbored section, of the twelve, being wishful only for undisturbed thinking ground. But before the train had swung past the suburb lights of Gaston, the smoker's unrest seized him and the thought-wheels demanded tobacco. Kent fought it as long as he could, making sure that the smoking-compartment liars' club would be in session; but when the demand became a nagging insistence, he found his pipe and tobacco and went to the men's room.

The little den behind the drawing-room had but one occupant besides the rear-end brakeman---a tall, saturnine man in a gray gra.s.s-cloth duster who was smoking a Porto Rican stogie. Kent took a second look and held out his hand.

"This is an unexpected pleasure, Judge Marston. I was counting on three hours of solitary confinement."

The lieutenant-governor acknowledged the hand-clasp, nodded, and made room on the leather-covered divan for the new-comer. Hildreth, the editor of the _Argus_, put it aptly when he said that the grim-faced old cattle king had "blown" into politics. He was a compromise on the People's Party ticket; was no part of the Bucks programme, and had been made to feel it.

Tradition had it that he had been a terror to the armed and organized cattle thieves of the early days; hence the brevet t.i.tle of "Judge." But those that knew him best did not know that he had once been the brightest man upon the Supreme Bench of his native state: this before failing health had driven him into exile.

As a mixer, the capital had long since voted Oliver Marston a conspicuous failure. A reticent, reserved man by temperament and habit, and with both temperament and habit confirmed by his long exile on the cattle ranges, he had grown rather less than more talkative after his latest plunge into public life; and even Miss Van Brock confessed that she found him impossible on the social side. None the less, Kent had felt drawn toward him from the first; partly because Marston was a good man in bad company, and partly because there was something remindful of the elder Kent in the strong face, the slow smile and the introspective eye of the old man from the hill country.

For a time the talk was a desultory monologue, with Kent doing his best to keep it from dying outright. Later, when he was fairly driven in upon his reserves, he began to speak of himself, and of the hopeless fight for enlargement in the Trans-Western struggle. Marston lighted the match-devouring stogie for the twentieth time, squared himself on the end of the divan and listened attentively. At the end of the recounting he said:

"It seems to be a failure of justice, Mr. Kent. Can you prove your postulate?"

"I can. With fifteen minutes more on the day of the preliminary hearing I should have shown it to any one's satisfaction."

Marston went into a brown study with his eyes fixed upon the stamped-leather devil in the panel at the opposite end of the compartment.

When he spoke again, Kent wondered at the legal verbiage, and still more at the clear-cut, judicial opinion.

"The facts in the case, as you state them, point to judicial connivance, and we should always be slow to charge that, Mr. Kent. Technically, the court was not at fault. Due notice was served on the company's attorney of record, and you admit, yourself, that the delay, short as it was, would have been sufficient if you had not been accidentally detained. And, since there were no contravening affidavits submitted, Judge MacFarlane was technically warranted in granting the prayer for a temporary receiver."

"I'm not trying to refute that," said Kent. "But afterward, when I called upon the judge with the evidence in hand----"

"He was under no absolute obligation to retry the case out of court, as you know, Mr. Kent. Neither was he obliged to give you an unofficial notice of the day upon which he would hear your motion for the discharge of the receiver and the vacation of his order appointing him."

"Under no absolute legal obligation, perhaps," retorted Kent. "But the moral obligation--"

"We are coming to that. I have been giving you what would probably be a minority opinion of an appellate court, if you could take an appeal. The majority opinion might take higher ground, pointing to the manifest injustice done to the defendant company by the shortness of the delay granted; by Judge MacFarlane's refusal to continue the hearing for one hour, though your attorney was present and pleading for the same; and lastly for the indefinite postponement of the hearing on the merits on insufficient grounds, since the judge was not at the time, and has not since been, too ill to attend to the routine duties of his office."

Kent looked up quickly.

"Judge Marston, do you know that last a.s.sertion to be true?" he demanded.

The slow smile came and went in the introspective eyes of the older man.

"I have been giving you the opinion of the higher court," he said, with his nearest approach to jocoseness. "It is based upon the supposition that your allegations would be supported by evidence."

Kent smoked on in silence while the train measured the rail-lengths between two of the isolated prairie stations. When he spoke again there was honest deference in his manner.

"Mr. Marston, you have a far better right to your courtesy t.i.tle of 'Judge' than that given by the Great American t.i.tle Company, Unlimited,"

he said. "Will you advise me?"

"As plain Oliver Marston, and a man old enough to be your father, yes.

What have you been doing? Trying to oust the receiver, I suppose."

"Yes; trying to find some technical flaw by which he could be ousted."

"It can't be done. You must strike higher. Are you fully convinced of Judge MacFarlane's venality?"

"As fully as I can be without having seen with my own eyes and heard with my own ears."

Marston opened his watch and looked at it. Then he lighted another of the villainous little cigars.

"We have an hour yet," he said. "You have been giving me the legal points in the case: now give me the inferences--all of them."

Kent laughed.

"I'm afraid I sha'n't be able to forget the lieutenant-governor. I shall have to call some pretty hard names."

"Call them," said his companion, briefly; and Kent went deep into the details, beginning with the formation of the political gang in Gaston the dismantled.

The listener in the gray dust-coat heard him through without comment. When Kent reached the end of the inferences, telling the truth without scruple and letting the charge of political and judicial corruption lie where it would, the engineer was whistling for the capital.

"You have told me some things I knew, and some others that I only suspected," was all the answer he got until the train was slowing into the Union Station. Then as he flung away the stump of the little cigar the silent one added: "If I were in your place, Mr. Kent, I believe I should take a supplementary course of reading in the State law."

"In what particular part of it?" said Kent, keen anxiety in every word.

"In that part of the fundamental law which relates to the election of circuit judges, let us say. If I had your case to fight, I should try to obliterate Judge MacFarlane."

Kent had but a moment in which to remark the curious coincidence in the use of precisely the same word by both Hunnicott and his present adviser.

"But, my dear sir! we should gain nothing by MacFarlane's removal when his successor would be appointed by the executive!"

Marston turned in the doorway of the smoking-compartment and laid a fatherly hand on the younger man's shoulder.

"My boy, I didn't say 'remove'; I said 'obliterate'. Good night."