Chapter III: Part 3

But the interpreter was at that moment engaged in clasping to his bosom a struggling rooster and was totally unable to fulfill his functions. Meantime the jury, highly edified at this illustration of the administration of justice, gazed down upon the spectacle from the stairs.

"This farce has gone far enough!" declared Judge Bender disgustedly. "We will return to the court room. Put those roosters back where they belong!"

Once more the participants ascended to Part IX and Ah Fong took his seat in the witness chair. The interpreter's blouse was covered with pin-feathers and one of his thumbs was bleeding profusely.

"Ask the witness if the oath that he has now taken will bind his conscience?" directed the court.

Again the interpreter and Ah Fong held converse.

"He says," translated that official calmly, "that the chicken oath is all right in China, but that it is no good in United States, and that anyway the proper form of words was not used."

"Good Lord!" ejaculated O'Brien. "Where am I?"

"Me tell truth, all light," suddenly announced Ah Fong in English. "Go ahead! Shoot!" And he smiled an inscrutable age-long Oriental smile.

The jury burst into laughter.

"He's stringing you!" the foreman kindly informed O'Brien, who cursed silently.

"Go on, Mister District Attorney, examine the witness," directed the judge. "I shall permit no further variations upon the established forms of procedure."

Then at last and not until then--on the morning of the twenty-first day--did Ah Fong tell his simple story and the jury for the first time learn what it was all about. But by then they had entirely ceased to care, being engrossed in watching Mr. Tutt at his daily amusement of torturing O'Brien into a state of helpless exasperation.

Ah Fong gave his testimony with a clarity of detail that left nothing to be desired, and he was corroborated in most respects by the Italian woman, who identified Mock Hen as the Chinaman with the iron bar. Their evidence was supplemented by that of Bull Neck Burke and Miss Malone, who also were positive that they had seen Mock running from the scene of the murder at exactly four-one o'clock.

Mr. Tutt hardly cross-examined Fong at all, but with Mr. Burke he pursued very different tactics, speedily rousing the wrestler to such a condition of fury that he was hardly articulate, for the old lawyer gently hinted that Mr. Burke was inventing the whole story for the purpose of assisting his friends in the On Gee Tong.

"But I tell yer I don't know no Chinks!" bellowed Burke, looking more like a bull than ever. "This here Mock Hen run right by me. My goil saw him too. I looked at me ticker to get the time!"

"Ah! Then you expected to be a witness for the On Gee Tong!"

"Naw! I tell yer I was walkin' wit' me goil!"

"What is the lady's name?"

"Miss Malone."

"What is her occupation?"

"She's a gay burlesquer."

"A gay burlesquer?"

"Sure--champagne goil and gay burlesquer."

"A champagne girl!"

"Dat's what I said."

"You mean that she is upon the stage?"

"Sure--dat's it!"

"Oh!" Mr. Tutt looked relieved.

"What had you and Miss Malone been doing that afternoon?"

"I told yer--walkin'."

Mr. Tutt coughed slightly.

"Is that all?"

"Say, watcha drivin' at?"

Mr. Tutt elevated his bushy eyebrows.

"How do you earn your living?" he demanded, changing his method of attack.

Bull Neck allowed his head to sink still farther into the vast bulk of his immense torso, strangely resembling, in this position, the fabled anthropophagi whose heads are reputed thus to "grow beneath their shoulders."

Then throwing out his jaw he announced proudly between set teeth: "I'm a perfessor of physical sculture!"

The jury sniggered. Mr. Tutt appeared politely puzzled.

"A professor of what?"

"A perfessor of physical sculture!" repeated Bull Neck with great satisfaction.

"Oh! A professor of physical sculpture!" exclaimed Mr. Tutt, light breaking over his wrinkled countenance. "And what may that be?"

Bull Neck looked round disgustedly at the jury as if to say: "What ignorance!"

"Trainin' an' developin' prominent people!" he explained.

"Um!" remarked Mr. Tutt. "Who invited you to testify in this case?"

"Mr. Mooney."

"Oh, you're a friend of Mooney's! That is all!"

Now it is apparent from these questions and answers that Mr. Burke had testified to nothing to his discredit and had conducted himself as a gentleman and a sportsman according to his best lights. Yet owing to the subtle suggestions contained in Mr. Tutt's inflections and demeanor the jury leaped unhesitatingly to the conclusion that here was a man so ignorant and debased that if he were not deliberately lying he was being made a cat's-paw by the police in the interest of the On Gee Tong.

Miss Malone fared even worse, for after a preliminary skirmish she flatly refused to give Mr. Tutt or the jury any information whatever regarding her past life, while Mooney, of course, labored from the beginning to the end of his testimony under the curse of being a policeman, one of that class whom most jurymen take pride in saying they hold in natural distrust. In a word, the white witnesses to the dastardly murder of Quong Lee created a general impression of unreliability upon the minds of the jury, who wholly failed to realize the somewhat obvious truth that the witnesses to a crime in Chinatown will naturally if not inevitably be persons who either reside in or frequent that locality.

Twenty-four days had now been consumed in the trial, and as yet no Chinese witnesses except Ah Fong had been called. Now, however, they appeared in cohorts. Though Mooney had sworn that the streets were practically empty at the time of the homicide forty-one Chinese witnesses swore positively that they had been within easy view, claiming variously to have been behind doors, peeking through shutters, at upper windows and even on the roofs. All had identified Mock Hen as the murderer, and none of them had ever heard of either the On Gee or the Hip Leong Tong! Mr. Tutt could not shake them upon cross-examination, and O'Brien began to show signs of renewed confidence. Each testified to substantially the same story and they occupied seventeen full days in the telling, so that when the prosecution rested, forty-two days had been consumed since the first talesman had been called. The trial had sunk into a dull, unbroken monotony, as Mr. Tutt said, of the "vain repetitions of the heathen." Yet the police and the district attorney had done all that could reasonably have been expected of them. They were simply confronted by the very obvious fact--a condition and not a theory--that the legal processes of Anglo-Saxon jurisprudence are of slight avail in dealing with people of another race.

Now it is possible that even had Mr. Tutt put in no defense whatever the jury might have refused to convict, for there was a curious air of unreality surrounding the whole affair. It all seemed somehow as if--assuming that it had ever taken place at all--it had occurred in some other world and in some other age. Perhaps under what might have been practically a direction of the court a verdict of conviction might have been returned--but it is doubtful. The more witnesses testified to exactly the same thing in precisely the same words the less likely it appeared to be.

But Mr. Tutt was taking no chances and, upon the forty-third day of the trial, at a nod from the bench, he opened his case. Never had he been more serious; never more persuasive. Abandoning every suggestion of frivolity, he weighed the testimony of each white witness and pointed out its obvious lack of probative value. Not one, he said, except the Italian woman, had had more than a fleeting glance of the face of the man now accused of the crime. Such an identification was useless. The Chinamen were patently lying. They had not been there at all! Would any member of the jury hang a dog, even a yellow one, on such testimony? Of course not! Much less a human being. The people had called forty witnesses to prove that Mock Hen had killed Quong Lee. It made no difference. The On Gee could have just as easily produced four hundred. Moreover, Mr. Tutt did a very daring thing. He pronounced all Chinese testimony in an American court of justice as absolutely valueless, and boasted that for every Chinaman who swore Mock Hen was guilty he would bring forward two who would swear him innocent.

The thing was, as he had carefully explained to Bonnie Doon, to prove that Mock was a good Chinaman and, if the jury did not believe that there was any such animal, to convince them that it was possible. His first task, however, was to polish off the Chinese testimony by calling the witnesses who had been secured under the guidance of Wong Get. He admitted afterward that in view of the exclusion law he had not supposed there were so many Chinamen in the United States, for they crowded the corridors and staircases of the Criminal Courts Building, arriving in companies--the Wong family, the Mocks, the Fongs, the Lungs, the Sues, and others of the sacred Hip Sing Society from near at hand and from distant parts--from Brooklyn and Flatbush, from Flushing and Far Rockaway, from Hackensack and Hoboken, from Trenton and Scranton, from Buffalo and Saratoga, from Chicago and St. Louis, and each and every one of them swore positively upon the severed neck of the whitest rooster--the broken fragments of the whitest of porcelain plates--the holiest of books--that he had been present in person at Fulton Market in New York City at precisely four-fifteen o'clock in the afternoon and assisted Mock Hen, the defendant, in selecting and purchasing a terrapin for stew.

Mr. Tutt grinned at the jury and the jury grinned affectionately back at Mr. Tutt. Indeed, after the length of time they had all been together they had almost as much respect for him as for the judge upon the bench. The whole court seemed to be a sort of Tutt Club, of which even O'Brien was a member.

"Now," said Mr. Tutt, "I will call a few witnesses to show you what kind of a man this is whom these highbinders accuse of the crime of murder!"

Mock, rolling his eyes heavenward, assumed an expression of infantile helplessness and trust.

"Don't overdo it!" growled Tutt. "Just look kind of gentle."

So Mock looked as gentle as a suckling dove while two professors from Columbia University, three of his landlords in his more reputable business enterprises, the superintendent of the Rising Sun Mission, four ex-police officers, a fireman, and an investigator for the Society for the Suppression of Sin swore upon Holy Writ and with all sincerity that Mock Hen was not only a person of the most excellent character and reputation but a Christian and a gentleman.

And then Mr. Tutt played his trump card.

"I will call Miss Frances Duryea, of Hudson House," he announced. "Miss Duryea, will you kindly take the witness chair?"

Miss Fanny modestly rose from her seat in the rear of the room and came forward. No one could for an instant doubt the honesty and impartiality of this devoted middle-aged woman, who, surrendering the comforts and luxuries of her home uptown, to which she was well entitled by reason of her age, was devoting herself to a life of service. If a woman like that, thought the jury, was ready to vouch for Mock's good character, why waste any more time on the case? But Miss Fanny was to do much more.

"Miss Duryea," began Mr. Tutt, "do you know the defendant?"

"Yes, sir; I do," she answered quietly.

"How long have you known him?"

"Six years."

"Do you know his reputation for peace and quiet?"

Miss Fanny half turned to the judge and then faced the jury.

"He is one of the sweetest characters I have ever known," she replied, "and I have known many--"

"Oh, I object!" interrupted O'Brien. "This lady can't be permitted to testify to anything like that. She must be limited by the rules of evidence!"

With one movement the jury wheeled and glared at him.

"I guess this lady can say anything she wants!" declared the foreman chivalrously.

O'Brien sank down in his seat. What was the use!

"Go on, please," gently directed Mr. Tutt.

"As I was saying, Mr. Mock Hen is a very remarkable character," responded Miss Fanny. "He is devoted to the mission and to us at the settlement. I would trust him absolutely in regard to anything."

"Thank you," said Mr. Tutt, smiling benignly. "Now, Miss Duryea, did you see Mock Hen at any time on May sixth?"

Instantly the jury showed renewed signs of life. May sixth? That was the day of the murder.

"I did," answered Miss Fanny with conviction. "He came to see me at Hudson House in the afternoon and while we were talking the clock struck four."

The jury looked at one another and nodded.

"Well, I guess that settles this case!" announced the foreman.

"Right!" echoed a talesman behind him.

"I object!" wailed O'Brien. "This is entirely improper!"

"Quite so!" ruled Judge Bender sternly. "The jurymen will not make any remarks!"

"But, Your Honor--we all agreed at recess there was nothing in this case," announced the foreman. "And now this testimony simply clinches it. Why go on with it!"

"That's so!" ejaculated another. "Let us go, judge."

Mr. Tutt's weather-beaten face was wreathed in smiles.

"Easy, gentlemen!" he cautioned.

The judge shrugged his shoulders, frowning.

"This is very irregular!" he said.

Then he beckoned to O'Brien, and the two whispered together for several minutes, while all over the court room on the part of those who had sat there so patiently for sixty-nine days there was a prolonged and ecstatic wriggling of arms and legs. Instinctively they all knew that the farce was over.

The assistant district attorney returned to his table but did not sit down.

"If the court please," he said rather wearily, "the last witness, Miss Duryea, by her testimony, which I personally am quite ready to accept as truthful, has interjected a reasonable doubt of the defendant's guilt into what otherwise would in my opinion be a case for the jury. If Mock Hen was at Hudson House, nearly two miles from Pell and Doyers Streets, at four o'clock on the afternoon of the homicide, manifestly he could not have been one of the assailants of Quong Lee at one minute past four. I am satisfied that no jury would convict--"

"Not on your life!" snorted the foreman airily.

"--and I therefore," went on O'Brien, "ask the court to direct an acquittal."

* * * * *

In the grand banquet hall of the Shanghai and Hongkong American-Chinese Restaurant, Ephraim Tutt, draped in a blue mandarin coat with a tasseled pill box rakishly upon his old gray head, sat beside Wong Get and Buddha at the head of a long table surrounded by three hundred Chinamen in their richest robes of ceremony. Lanterns of party-colored glass swaying from gilded rafters shed a strange light upon a silken cloth marvelously embroidered and laden with the choicest of Oriental dishes, and upon the pale faces of the Hip Leong Tong--the Mocks, the Wongs, the Fongs and the rest--both those who had testified and also those who had merely been ready if duty called to do so, all of whom were now gathered together to pay honor where they felt honor to be due; namely, at the shrine of Mr. Tutt.

Deft Chinese waiters slipped silently from guest to guest with bird's-nest soup, guy soo main, mon goo guy pan, shark's fin and lung har made of shreds of lobster, water chestnuts, rice and the succulent shoots of the young bamboo, while three musicians in a corner sang through their nose a syncopated dirge. "Wang-ang-ang-ang!" it rose and fell as Mr. Tutt, his neck encircled by a wreath of lilies, essayed to manipulate a pair of long black chop-sticks. "Wang-ang-ang-ang!" About him were golden limes, ginger in syrup, litchi nuts, pickled leeches.

Then he felt a touch upon his shoulder and turned to see Fong Hen, the slipper, standing beside him. It was the duty of Fong Hen to drink with each guest--more than that, to drink as much as each guest drank! He gravely offered Mr. Tutt a pony of rice brandy. It was not the fiery lava he had anticipated, but a soft, caressing nectar, fragrant as if distilled from celestial flowers of the time of Confucius. The slipper swallowed the same quantity at a gulp, bowed and passed along.

Mr. Tutt vainly tried to grasp the fact that he was in his own native city of New York. Long sleeves covered with red and purple dragons hid his arms and hands, and below the collar a smooth tight surface of silk across his breast made access to his pockets quite impossible. In one of them reposed twenty one-thousand-dollar bills--his fee for securing the acquittal of Mock Hen. Yes, he was in New York!

The monotonous wail of the instruments, the pungency of the incense, the subdued light, the humid breath of the roses carried the thoughts of Mr. Tutt far away. Before him, against the blue misty sunshine, rose the yellow temples of Peking. He could hear the faint tintinnabulation of bells. He was wandering in a garden fragrant with jasmine blossoms and adorned with ancient graven stones and carved gilt statues. The air was sweet. Mr. Tutt was very tired....

"Let him sleep!" nodded Buddha, deftly conveying to his wrinkled lips a delicate morsel of guy yemg dun. "Let him sleep! He has earned his sleep. He has saved our face!"

It was after midnight when Mr. Tutt, heavily laden with princely gifts of ivory and jade and boxes of priceless teas, emerged from the side door of the Shanghai and Hongkong American-Chinese Restaurant. The sky was brilliant with stars and the sidewalks of Doyers and Pell Streets were crowded with pedestrians. Near by a lantern-bedecked rubber-neck wagon was in process of unloading its cargo of seekers after the curious and unwholesome. On either side of him walked Wong Get and Buddha. They had hardly reached the corner when five shots echoed in quick succession above the noise of the traffic and the crowd turned with one accord and rushed in the direction from which he had just come.

Mr. Tutt, startled, stopped and looked back. Courteously also stopped Wong Get and Buddha. A throng was fast gathering in front of the Shanghai and Hongkong Restaurant.

Then Murtha appeared, shouldering his way roughly through the mob. Catching sight of Mr. Tutt, he paused long enough to whisper hoarsely in the lawyer's ear: "Well, they got Mock Hen! Five bullets in him! But if they were going to, why in hell couldn't they have done it three months ago?"

Samuel and Delilah

"And it came to pass, when she pressed him daily with
her words, and urged him, so that his soul was vexed
unto death; that he told her all his heart, and said unto
her, There hath not come a razor upon mine head; ...
if I be shaven, then my strength will go from me, and I
shall become weak and be like any other man."
--JUDGES XVI, 16, 17.

"Have you seen '76 Fed.' anywhere, Mr. Tutt?" inquired Tutt, appearing suddenly in the doorway of his partner's office.

Mr. Tutt looked up from Page 364 of the opinion he was perusing in "The United States vs. One Hundred and Thirty-two Packages of Spirituous Liquors and Wines."

"Got it here in front of me," he answered shortly. "What do you want it for?"

Tutt looked over his shoulder.

"That's a grand name for a case, isn't it? 'Packages of Wines!'" he chuckled. "I made a note once of a matter entitled 'United States vs. Forty-three Cases of Frozen Eggs'; and of another called 'United States vs. One Feather Mattress and One Hundred and Fifty Pounds of Butter'--along in 197 Federal Reports, if I remember correctly. And you recall that accident case we had--Bump against the Railroad?"

"You can't tell me anything about names," remarked Mr. Tutt. "I once tried a divorce action. Fuss against Fuss; and another, Love against Love. Do you really want this book?"

"Not if you are using it," replied Tutt. "I just wanted to show an authority to Mr. Sorg, the president of the Fat and Skinny Club. You know our application for a certificate of incorporation was denied yesterday by Justice McAlpin."

"No, I didn't know it," returned Mr. Tutt. "Why?"

"Here's his memorandum in the Law Journal," answered his partner. "Read it for yourself":

Matter of Fat and Skinny Club, Inc. This is an
application for approval of a certificate of incorporation
as a membership corporation. The stated purposes are
to promote and encourage social intercourse and good
fellowship and to advance the interests of the community.
The name selected is the Fat and Skinny Club. If this
be the most appropriate name descriptive of its membership
it is better that it remain unincorporated. Application
denied.

"Now who says the law isn't the perfection of common sense?" ruminated Mr. Tutt. "Its general principles are magnificent."

"And yet," mused Tutt, "only last week Judge McAlpin granted the petition of one Solomon Swackhamer to change his name to Phillips Brooks Vanderbilt. Is that right? Is that justice? Is it equity? I ask you!--when he turns down the Fat and Skinnies?"

"Oh, yes it is," retorted Mr. Tutt. "When you consider that Mr. Swackhamer could have assumed the appellation of P.B. Vanderbilt or any other name he chose without asking the court's permission at all."

"What!" protested Tutt incredulously.

"That's the law," returned the senior partner. "A man can call himself what he chooses and change his name as often as he likes--so long, of course, as he doesn't do it to defraud. The mere fact that a statute likewise gives him the right to apply to the courts to accomplish the same result makes no difference."

"Of course it might make him feel a little more comfortable about it to do it that way," suggested Tutt. "Do you know, as long as I've practised law in this town I've always assumed that one had to get permission to change one's name."

"You've learned something," said Mr. Tutt suavely. "I hope you will put it to good account. Here's '76 Fed.' Take it out and console the Fat and Skinny Club with it if you can."

Mr. Tutt surrendered the volume without apparent regret and Tutt retired to his own office and to the task of soothing the injured feelings of Mr. Sorg.

A simple-minded little man was Tutt, for all his professional shrewdness and ingenuity. Like many a hero of the battlefield and of the bar, once inside the palings of his own fence he became modest, gentle, even timorous. For Abigail, his wife, had no illusions about him and did not affect to have any. To her neither Tutt nor Mr. Tutt was any such great shakes. Had Tutt dared to let her know of many of the schemes which he devised for the profit or safety of his clients she would have thought less of him still; in fact, she might have parted with him forever. In a sense Mrs. Tutt was an exacting woman. Though she somewhat reluctantly consented to view the hours from nine a.m. to five p.m. in her husband's day as belonging to the law, she emphatically regarded the rest of the twenty-four hours as belonging to her.

The law may be, as Judge Holmes has called it, "a jealous mistress," but in the case of Tutt it was not nearly so jealous as his wife. So Tutt was compelled to walk the straight-and-narrow path whether he liked it or not. On the whole he liked it well enough, but there were times--usually in the spring--when without being conscious of what was the matter with him he mourned his lost youth. For Tutt was only forty-eight and he had had a grandfather who had lived strenuously to upward of twice that age. He was vigorous, sprightly, bright-eyed and as hard as nails, even if somewhat resembling in his contours the late Mr. Pickwick. Mrs. Tutt was tall, spare, capable and sardonic. She made Tutt comfortable, but she no longer appealed to his sense of romance. Still she held him. As the playwright hath said "It isn't good looks they want, but good nature; if a warm welcome won't hold them, cold cream won't."

However, Tutt got neither looks nor cold cream. His welcome, in fact, was warm only if he stayed out too late, and then the later the warmer. His relationship to his wife was prosaic, respectful. In his heart of hearts he occasionally thought of her as exceedingly unattractive. In a word Mrs. Tutt performed her wifely functions in a purely matter-of-fact way. Anything else would have seemed to her unseemly. She dressed in a manner that would have been regarded as conservative even on Beacon Hill. She had no intention of making an old fool of herself or of letting him be one either. When people had been married thirty years they could take some things for granted. Few persons therefore had ever observed Mr. Tutt in the act of caressing Mrs. Tutt; and there were those who said that he never had. Frankly, she was a trifle forbidding: superficially not the sort of person to excite a great deal of sentiment; and occasionally, as we have hinted, in the spring Tutt yearned for a little sentiment.

He did his yearning, however, entirely on the side and within those hours consecrated to the law. In his wife's society he yearned not at all. In her company he carefully kept his thoughts and his language inside the innermost circle of decorum. At home his talk was entirely "Yea, yea," and "Nay, nay," and dealt principally with politics and the feminist movement, in which Abigail was deeply interested.

And by this we do not mean to suggest that at other times or places Tutt was anything but conventionally proper. He was not. He only yearned to be, well knowing that he was deficient in courage if not in everything else.

But habit or no habit, likely or unlikely, Mrs. Tutt had no intention of taking any chances so far as Tutt was concerned. If he did not reach home precisely at six explanations were in order, and if he came in half an hour later he had to demonstrate his integrity beyond a reasonable doubt according to the established rules of evidence.

Perhaps Mrs. Tutt did wisely to hold Tutt thus in leash considering the character of many of the firm's clients. For it was quite impossible to conceal the nature of the practise of Tutt & Tutt; much of which figured flamboyantly in the newspapers. Some women would have taken it for granted under like circumstances that their husbands had acquired a touch at least of the wisdom of the serpent even if they remained quite harmless. Abigail countenanced no thought of any demoralization in her spouse. To her he was like the artist who smears himself and his smock with paint while in his studio, but appears at dinner in spotless linen without even a whiff of benzine about him to suggest his occupation. So Tutt, though hand and glove in his office with the most notorious of the elite of Longacre Square, came home to supper with the naiveté and innocence of a theological student for whom an evening at a picture show is the height of dissipation.

Yet Tutt was no more of a Doctor Jekyll and Mr. Hyde than most of us. Merely, his daily transition was a little more abrupt. And when all is said and done most of the devices invented by his fertile little brain to further the interests of his clients were no more worthy of condemnation than those put forward by far higher-priced and much more celebrated attorneys.

Not that Mrs. Tutt was blind to the dangers to which her husband by virtue of his occupation was exposed. Far from it. Indeed she made it her business to pay periodical visits to the office, ostensibly to see whether or not it was properly cleaned and the windows washed, but in reality--or at least so Tutt suspected--to find out whether the personnel was entirely suitable for a firm of their standing and particularly for a junior partner of his susceptibilities.

But she never discovered anything to give her the slightest cause for alarm. The dramatis personae of the offices of Tutt & Tutt were characteristic of the firm, none of their employees--except Miss Sondheim, the tumultous-haired lady stenographer--and Willie, the office boy, being under forty years of age.

When not engaged in running errands or fussing over his postage-stamp album, Willie spent most of his time teasing old Scraggs, the scrivener, an unsuccessful teetotaler. A faint odor of alcohol emanated from the cage in which he performed his labors and lent an atmosphere of cheerfulness to what might otherwise have seemed to Broadway clients an unsympathetic environment, though there were long annual periods during which he was as sober as a Kansas judge. The winds of March were apt, however, to take hold of him. Perhaps it was the spring in his case also.

The backbone of the establishment was Miss Minerva Wiggin. In every law office there is usually some one person who keeps the shop going. Sometimes it is a man. If so, he is probably a sublimated stenographer or law clerk who, having worked for years to get himself admitted to the bar, finds, after achieving that ambition, that he has neither the ability nor the inclination to brave the struggle for a livelihood by himself. Perchance as a youth he has had visions of himself arguing test cases before the Court of Appeals while the leaders of the bar hung upon his every word, of an office crowded with millionaire clients and servile employees, even as he is servile to the man for whom he labors for a miserly ten dollars a week.

His ambition takes him by the hand and leads him to high places, from which he gazes down into the land of his future prosperity and greatness. The law seems a mysterious, alluring, fascinating profession, combining the romance of the drama with the gratifications of the intellect. He springs to answer his master's bell; he sits up until all hours running down citations and making extracts from opinions; he rushes to court and answers the calendar and sometimes carries the lawyer's brief case and attends him throughout a trial. Three years go by--five--and he finds that he is still doing the same thing. He is now a member of the bar, he has become the managing clerk, he attends to fairly important matters, engages the office force, superintends transfer of title, occasionally argues a motion. Five years more go by and perhaps his salary is raised a trifle more. Then one day he awakes to the realization that his future is to be only that of a trusted servitor.

Perchance he is married and has a baby. The time has come for him to choose whether he will go forth and put his fortune to the test "to win or lose it all" or settle down into the position of faithful legal hired man. He is getting a bit bald, he has had one or two tussles with his bank about accidental overdrafts. The world looks pretty bleak outside and the big machine of the law goes grinding on heartless, inevitable. Who is he to challenge the future? The old job is fairly easy; they can't get on without him, they say; here is where he belongs; he knows his business--give him his thirty-five hundred a year and let him stay!

That is Binks, or Calkins, or Shivers, or any one of those worried gray-haired men who sit in the outer office behind a desk strewn with papers and make sure that no mistakes have been made. To them every doubtful question of practise is referred and they answer instantly--sometimes wrongly, but always instantly. They know the last day for serving the demurrer in Bilbank against Terwilliger and whether or not you can tax a referee's fee as a disbursement in a bill of costs; they are experts on the precise form for orders in matrimonial actions and the rule in regard to filing a summons and complaint in Oneida County; they stand between the members of the firm and disagreeable clients; they hire and discharge the office boys; they do everything from writing a brief for the Supreme Court of the United States down to making the contract with the window cleaners; they are the only lawyers who really know anything and they were once promising young men, who have found out at last that life and the Sunday-school books are very far apart; but they run the works and make the law a gentleman's profession for the rest of us. They are always there. Others come, grow older, go away, but they remain. Many of them drink. All of which would be irrelevant, incompetent and immaterial if this were not a legal story.

Scraggs had been one of these, but he had also been one of those who drank, and now he was merely a bookkeeper. Miss Wiggin reigned in his stead.

A woman and not a man kept Tutt & Tutt on the map. When this sort of thing occurs it is usually because the woman in question is the ablest and very likely also the best person in the outfit, and she assumes the control of affairs by a process of natural selection. Miss Wiggin was the conscience, if Mr. Tutt was the heart, of Tutt & Tutt. Nobody, unless it was Mr. Tutt, knew where she had come from or why she was working if at all in only a semi-respectable law office. Without her something dreadful would have happened to the general morale. Everybody recognized that fact.

Her very appearance gave the place tone--neutralized the faint odor of alcohol from the cage. For in truth she was a fine-looking woman. Had she been costumed by a Fifth Avenue dressmaker and done her coiffure differently she would have been pretty. Because she drew her gray hair straight back from her low forehead and tied it in a knob on the back of her head, wore paper cuffs and a black dress, she looked nearer fifty than forty-one, which she was. Two hundred dollars would have taken twenty years off her apparent age--a year for every ten dollars; but she would not have looked a particle less a lady.

Her duties were ambiguous. She was always the first to arrive at the office and was the only person permitted to open the firm mail outside of its members. She overlooked the books that Scraggs kept and sent out the bills. She kept the key to the cash box and had charge of the safe. She made the entries in the docket and performed most of the duties of a regular managing clerk. She had been admitted to the bar. She checked up the charge accounts and on Saturdays paid off the office force. In addition to all these things she occasionally took a hand at a brief, drew most of the pleadings, and kept track of everything that was done in the various cases.

But her chief function, one which made her invaluable was that of receiving clients who came to the office, and in the first instance ascertaining just what their troubles were; and she was so sympathetic and at the same time so sensible that many a stranger who casually drifted in and would otherwise just as casually have drifted out again remained a permanent fixture in the firm's clientele. Scraggs and William adored her in spite of her being an utter enigma to them. She was quiet but businesslike, of few words but with a latent sense of humor that not infrequently broke through the surface of her gravity, and she proceeded upon the excellent postulate that everyone with whom she came in contact was actuated by the highest sense of honor. She acted as a spiritual tonic to both Mr. Tutt and Tutt--especially to the latter, who was the more in need of it. If they were ever tempted to stray across the line of professional rectitude her simple assumption that the thing couldn't be done usually settled the matter once and for all. On delicate questions Mr. Tutt frankly consulted her. Without her, Tutt & Tutt would have been shysters; with her they were almost respectable. She received a salary of three thousand dollars a year and earned double that amount, for she served where she loved and her first thought was of Tutt & Tutt. If you can get a woman like that to run your law office do not waste any time or consideration upon a man. Her price is indeed above rubies.

Yet even Miss Wiggin could not keep the shadow of the vernal equinox off the simple heart of the junior Tutt. She had seen it coming for several weeks, had scented danger in the way Tutt's childish eye had lingered upon Miss Sondheim's tumultous black hair and in the rather rakish, familiar way he had guided the ladies who came to get divorces out to the elevator. And then there swam into his life the beautiful Mrs. Allison, and for a time Tutt became not only hysterically young again, but--well, you shall see.

Yet, curiously enough, though we are a long way from where this story opened, it all goes back to Phillips Brooks Vanderbilt and the Fat and Skinny Club and the right to call ourselves by what names we please. Moreover, as must be apparent, all that happened occurred beyond Miss Wiggin's sphere of spiritual influence. Yet, had it not, even she could not have harnessed Leviathan or loosed the bands of Orion--to say nothing of counteracting the effect of spring.

When Tutt returned with "76 Fed." after the departure of Mr. Sorg he found his partner smoking the usual stogy and gazing pensively down upon the harbor. The immediate foreground was composed of rectangular roofs of divers colors, mostly reddish, ornamented with eccentrically shaped chimney pots, pent-houses, skylights and water tanks, in addition to various curious whistle-like protuberances from which white wraiths of steam whirled and danced in the gay breeze. Beyond, in the middle distance, a great highway of sparkling jewels led across the waves to the distant faintly green hills of Staten Island. Three tiny aeroplanes wove invisible threads against the blue woof of the sky above the New Jersey shore. It was not a day to practise law at all. It was a day to lie on one's back in the grass and watch the clouds or throw one's weight against the tugging helm of a racing sloop and bite the spindrift blown across her bows--not a day for lawyers but for lovers!

"Here's '76 Fed.'," said Tutt.

"What's become of Sorg?"

"Gone. Mad. Says the whole point of the Fat and Skinny Club is in the name."

"I fancy--from looking at Mr. Sorg--that that is quite true," remarked Mr. Tutt. He paused and reaching down into a lower compartment of his desk, lifted out a tumbler and his bottle of malt extract, which he placed carefully at his elbow and leaned back again contemplatively. "Look here, Tutt," he said. "I want to ask you something. Is there anything the matter with you?"

Tutt regarded him with the air of a small boy caught peeking through a knot hole.

"Why,--no!" he protested lamely. "That is--nothing in particular. I do feel a bit restless--sort of vaguely dissatisfied."

Mr. Tutt nodded sympathetically.

"How old are you, Tutt?"

"Forty-eight."

"And you feel just at present as if life were 'flat, stale and unprofitable?'"

"Why--yes; you might put it that way. The fact is every day seems just like every other day. I don't even get any pleasure out of eating. The very sight of a boiled egg beside my plate at breakfast gives me the willies. I can't eat boiled eggs any more. They sicken me!"

"Exactly!" Mr. Tutt poured out a glass of the malt extract.

"I feel the same way about a lot of things," Tutt hurried on. "Special demurrers, for instance. They bore me horribly. And supplementary proceedings get most frightfully upon my nerves."

"Exactly!" repeated Mr. Tutt.

"What do you mean by 'exactly?'" snapped Tutt.

"You're bored," explained his partner.

"Rather!" agreed Tutt. "Bored to death. Not with anything special, you understand; just everything. I feel as if I'd like to do something devilish."

"When a man feels like that he better go to a doctor," declared Mr. Tutt.

"A doctor!" exclaimed Tutt derisively. "What good would a doctor do me?"

"He might keep you from getting into trouble."

"Oh, you needn't be alarmed. I won't get into any trouble."

"It's the dangerous age," said Mr. Tutt. "I've known a lot of respectable married men to do the most surprising things round fifty."

Tutt looked interested.

"Have you now?" he inquired. "Well, I've no doubt it did some of 'em a world of good. Tell you frankly sometimes I feel as if I'd rather like to take a bit of a fling myself!"

"Your professional experience ought to be enough to warn you of the dangers of that sort of experiment," answered Mr. Tutt gravely. "It's bad enough when it occurs inadvertently, so to speak, but when a man in your condition of life deliberately goes out to invite trouble it's a sad, sad spectacle."

"Do you mean to imply that I'm not able to take care of myself?" demanded Tutt.

"I mean to imply that no man is too wise to be made a fool of by some woman."

"That every Samson has his Delilah?"

"If you want to put it that way--yes."

"And that in the end he'll get his hair cut?"

Mr. Tutt took a sip from the tumbler of malt and relit his stogy.

"What do you know about Samson and Delilah, Tutt?" he challenged.

"Oh, about as much as you do, I guess, Mr. Tutt," answered his partner modestly.

"Well, who cut Samson's hair?" demanded the senior member.

He emptied the dregs of the malt-extract bottle into his glass and holding it to the light examined it critically.

"Delilah, of course!" ejaculated Tutt.

Mr. Tutt shook his head.

"There you go off at half-cock again, Tutt!" he retorted whimsically. "You wrong her. She did no such thing."

"Why, I'll bet you a hundred dollars on it!" cried Tutt excitedly.

"Make it a simple dinner at the Claridge Grill and I'll go you."

"Done!"

There were four books on the desk near Mr. Tutt's right hand--the New York Code of Civil Procedure, an almanac, a Shakesperean concordance and a Bible.

"Look it up for yourself," said Mr. Tutt, waving his arm with a gesture of the utmost impartiality. "That is, if you happen to know in what part of Holy Writ said Delilah is to be found."

Tutt followed the gesture and sat down at the opposite side of the desk.

"There!" he exclaimed, after fumbling over the leaves for several minutes. "What did I tell you? Listen, Mr. Tutt! It's in the sixteenth chapter of Judges: 'And it came to pass, when she pressed him daily with her words, and urged him, so that his soul was vexed unto death; That he told her all his heart, and said unto her, There hath not come a razor upon mine head.' Um--um."

"Read on, Tutt!" ordered Mr. Tutt.

"Um. 'And when Delilah saw that he had told her all his heart, she sent and called for the lords of the Philistines, saying, Come up this once.' Um-um."

"Yes, go on!"

"'And she made him sleep upon her knees; and she called for a man, and she caused him to shave off the seven locks of his head.' Well, I'll be hanged!" exclaimed Tutt. "Now, I would have staked a thousand dollars on it. But look here, you don't win! Delilah did cut Samson's hair--through her agent. '_Qui facit per alium facit per se!_'"

"Your point is overruled," said Mr. Tutt. "A barber cut Samson's hair. Let it be a lesson to you never to take anything on hearsay. Always look up your authorities yourself. Moreover"--and he looked severely at Tutt--"the cerebral fluid--like malt extract--tends to become cloudy with age."

"Well, anyhow, I'm no Samson," protested Tutt. "And I haven't met anyone that looked like a Delilah. I guess after the procession of adventuresses that have trailed through this office in the last twenty years I'm reasonably safe."

"No man is safe," meditated Mr. Tutt. "For the reason that no man knows the power of expansion of his heart. He thinks it's reached its limit--and then he finds to his horror or his delight that it hasn't. To put it another way, a man's capacity to love may be likened to a thermometer. At twenty-five or thirty he meets some young person, falls in love with her, thinks his amatory thermometer has reached the boiling-point and accordingly marries her. In point of fact it hasn't--it's only marking summer heat--hasn't even registered the temperature of the blood. Well, he goes merrily on life's way and some fine day another lady breezes by, and this safe and sane citizen, who supposes his capacity for affection was reached in early youth, suddenly discovers to his amazement that his mercury is on the jump and presently that his old thermometer has blown its top off."

"Very interesting, Mr. Tutt," observed Tutt after a moment's silence. "You seem to have made something of a study of these things."

"Only in a business way--only in a business way!" Mr. Tutt assured him. "Now, if you're feeling stale--and we all are apt to get that way this time of year--why don't you take a run down to Atlantic City?"

Now Tutt would have liked to go to Atlantic City could he have gone by himself, but the idea of taking Abigail along robbed the idea of its attraction. She had got more than ever on his nerves of late. But his reply, whatever it might have been, was interrupted by the announcement of Miss Wiggin, who entered at that moment, that a lady wished to see him.

"She asked for Mr. Tutt," explained Minerva.

"But I think her case is more in your line," and she nodded to Tutt.

"Good looking?" inquired Tutt roguishly.

"Very," returned Miss Wiggin. "A blonde."

"Thanks," answered Tutt, smoothing his hair; "I'm on my way."

Now this free, almost vulgar manner of speech was in reality foreign to both Tutt and Miss Wiggin and it was born of the instant, due doubtless to some peculiar juxtaposition of astral bodies in Cupid's horoscope unknown to them, but which none the less had its influence. Strange things happen on the eve of St. Agnes and on Midsummer Night--even in law offices.

Mrs. Allison was sitting by the window in Tutt's office when he came in, and for a full minute he paused upon the threshold while she pretended she did not know that he was there. The deluge of sunlight that fell upon her face betrayed no crack or wrinkle--no flaw of any kind--in the white marble of its perfection. It was indeed a lovely face, classic in the chiseling of its transparent alabaster; and when she turned, her eyes were like misty lakes of blue. Bar none, she was the most beautiful creature--and there had been many--that had ever wandered into the offices of Tutt & Tutt. He sought for a word. "Wonderful"; that was, it, she was "wonderful." His stale spirit soared in ecstasy, and left him tongue-tied. In vulgar parlance he was rattled to death, this commonplace little lawyer who for a score of years had dealt cynically with the loves and lives of the flock of female butterflies who fluttered annually in and out of the office. Throughout that period he had sat unemotionally behind his desk and listened in an aloof, cold, professional manner to the stories of their wrongs as they sobbed or hissed them forth. Wise little lawyer that he was, he had regarded them all as just what they were and nothing else--specimens of the Cecropia. And he had not even patted them upon the shoulder or squeezed their hands when he had bade them good-by--maintaining always an impersonal and dignified demeanor.

Therefore he was surprised to hear himself say in soothing, almost cooing tones:

"Well, my dear, what can I do for you?"

Shades of Abigail! "Well, my dear!" Tutt--Tutt! Tutt!

"I am in great trouble," faltered Mrs. Allison, gazing in misty helplessness out of her blue grottoes at him while her beautiful red lips trembled.

"I hope I can help you!" he breathed. "Tell me all about it! Take your time. May I relieve you of your wrap?"

She wriggled out of it gratefully and he saw for the first time the round, slender pillar of her neck. What a head she had--in its nimbus of hazy gold. What a figure! His forty-eight-year-old lawyer's heart trembled under its heavy layer of half-calf dust. He found difficulty in articulating. He stammered, staring at her most shamelessly both of which symptoms she did not notice. She was used to them in the other sex. Tutt did not know what was the matter with him. He had in fact entered upon that phase at which the wise man, be he old or young, turns and runs.

But Tutt did not run. In legal phrase he stopped, looked and listened, experiencing a curious feeling of expansion. This enchanting creature transmuted the dingy office lined with its rows of calfskin bindings into a golden grot in which he stood spellbound by the low murmur of her voice. A sense of infinite leisure emanated from her--a subtle denial of the ordinary responsibilities--very relaxing and delightful to Tutt. But what twitched his very heartstrings was the dimple that came and went with that pathetic little twisted smile of hers.

"I came to you," said Mrs. Allison, "because I knew you were both kind and clever."

Tutt smiled sweetly.

"Kind, perhaps--not clever!" he beamed.

"Why, everyone says you are one of the cleverest lawyers in New York," she protested. Then, raising her innocent China-blue eyes to his she murmured, "And I so need kindness!"

Tutt's breast swelled with an emotion which he was forced to admit was not altogether avuncular--that curious sentimental mixture that middle-aged men feel of paternal pity, Platonic tenderness and protectiveness, together with all those other euphemistic synonyms, that make them eager to assist the weak and fragile, to try to educate and elevate, and particularly to find out just how weak, fragile, uneducated and unelevated a helpless lady may be. But in spite of his half century of experience Tutt's knowledge of these things was purely vicarious. He could have told another man when to run, but he didn't know when to run himself. He could have saved another, himself he could not save--at any rate from Mrs. Allison.

He had never seen anyone like her. He pulled his chair a little nearer. She was so slender, so supple, so--what was it?--svelte! And she had an air of childish dignity that appealed to him tremendously. There was nothing, he assured himself, of the vamp about her at all.

"I only want to get my rights," she said, tremulously. "I'm nearly out of my mind. I don't know what to do or where to turn!"

"Is there"--he forced himself to utter the word with difficulty--"a--a man involved?"

She flushed and bowed her head sadly, and instantly a poignant rage possessed him.

"A man I trusted absolutely," she replied in a low voice.

"His name?"

"Winthrop Oaklander."

Tutt gasped audibly, for the name was that of one of Manhattan's most distinguished families, the founder of which had swapped glass beads and red-flannel shirts with the aborigines for what was now the most precious water frontage in the world--and moreover, Mrs. Allison informed Tutt, he was a clergyman.

"I don't wonder you're surprised!" agreed Mrs. Allison.

"Why--I--I'm--not surprised at all!" prevaricated Tutt, at the same time groping for his silk handkerchief. "You don't mean to say you've got a case against this man Oaklander!"

"I have indeed!" she retorted with firmly compressed lips. "That is, if it is what you call a case for a man to promise to marry a woman and then in the end refuse to do so."

"Of course it is!" answered Tutt. "But why on earth wouldn't he?"

"He found out I had been divorced," she explained. "Up to that time everything had been lovely. You see he thought I was a widow."

"Ah!"

Mr. Tutt experienced another pang of resentment against mankind in general.

"I had a leading part in one of the season's successes on Broadway," she continued miserably. "But when Mr. Oaklander promised to marry me I left the stage; and now--I have nothing!"

"Poor child!" sighed Tutt.

He would have liked to take her in his arms and comfort her, but he always kept the door into the outer office open on principle.