The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-05-05


at his chambers on the following Satur-
day. When this was served by Phibbs,
Jr.. who exhibited the county clerks
seal and the Endorsement OF the judge
on the original with the air of a vet
eran. Hugh whistled and murInured: II
thought So" and Mr.. Nevalls swore. A
moment later and he dispatched his
clerk in hot haste in quest of his attor-
ney. the vigorous Abel Burgess
Saturday morning, bright and ear
", Widow Tracey occupied Judge
Badgers front office. Little Mr. Phibbs,
smiling and sparkling, was in her train,
and SO was Sophia, silent, distract, with
heaving bosom aud twitching lips The
widow shifted curiously at the IN
opened letters on the desk and regarded
the black and red labeled law books
with suspicion and disdain. As why
should she not who was law unto her
self? Sophia sighed. And little Mr.
Phibbs twirled his glasses. consulted
his watch and mentally calculated
bill of costs.
Little Mary arrived in charge of q
stalwart nurse, backed by the faithful
The widow sobbed and raised her hands
in eloquent appeal. She threw herself
on her knees before the child and
strained her to her pincushiopy breast
And the stalwart nurse said .Huinph,"
which meant a great deal more. and
Hugh unconsciously twisted his mus
taches into similarity with the German
tenor's. But little Mary stretched out
her arms TO her mother, who quietly
crossed the room and took her in her
lap, nor did the guardian twain offer
any opposition.
The widow, being thus relieved,
turned her attention to her male foe
whom she recognized, despite his sedate
attire. In piercing tones she denounced
+ him as spy, an assassin, petroleuse
this latter confidently with contempt
of gender. She dared him to deny his
/ villainy, which he made no attempt To
do, and demanded OF the two court Off
, GERS in waiting his instant seizure and
immurement. AS these two representa-
tives of the dormant side of the law
! were political associates of Hugh's, and
! lived in the same ward, they merely
crinned and occasionally commanded ST.
lence.
! Mr.. Justice Badger entered from his
private Office, and bowling stiffly, seated
himself ct his desk, and began to fuss
with his papers. Presently Alfred
] Nevalls. in company with Alfred Bur
CESS, Esq, and a great armful of legal
/ tones, entered.
| Alfred saluted his wife gravely and
| seated himself on the opposite side of
the room. And poor Sophia bent her
head and kissed little Mary's cheek.
| Abel Burgess arose, and hitched his
coat collar.
| May il please your honor" he said,
1--WE waive certain objections to the
sutficiency of the petition and to the
form of the writ We produce herewith
the child and file our return alleging
that we are her lawful guardian and
entitled to her custody"
1--WE traverse that return, your hon
or replied little Mr.. Phibbs, briskly.
And shall show that the defendant is
an improper and dangerous person for
such a charge, by reason of dissolute
habits. atheistic views and violent tenn
per-
Good. goodr cried the widow. bot
Sophia looked toward her husband with
tear-filled eyes if protesting: II don't
believe him"
Then you must take the affirmative"
growled Abel Burgess.
softly. my friend; we shall see about
that" breathed little Mr.. Phibbs And
hammer and tongs. gently and insinu-
atingly. the twain argued and re-
argued, the one citing unanswerable
cases, the other quoting indisputable
statutes.
Finally Mr.. Justice Badger, who had
sat like one in a reverie with his eyes /
fixed on little Mary, raised his hand !
and the discussion ceased.
AN application Of this nature" he I
said, appeals to the equitable side of
the court There is but one view to be /
considered. and that is the welfare OF .
this interesting little girl To insure +
this. / can deliver her into the care of
her father, of her mother. or Of any
third person." There Sophia sobbed), /
but before entering upon an investiga-
ton which seems likely to be acrimoni- /
Gus, and to deepen unhappy differences, |
| wish to hear from the one who. after !
all, has the most at stake. Come % me,
little one, wont you? Don't be afraid "
Little Mary slid from her mothers
lap. and climbed quite courageously on
the judges knee.
Tell me how old you are, my dear"
Nearly Uneven, sir"
do you love your papa"
MY papa and my dear mamma"
And would you like TO stay always /
with your papa and have him take care
Of your
With nay papa and my dear mamma
/ want bofe Of dem together"
Sopbia's head was bowed; her tears
were dropping on her distracted bosom
his wifes side
"Oh. why did you leave ms?" he wills
pered, and why did you return? You
knew il would make me angry.
Il hoped 1T would: for then /
would surely see you"
There, there said Judge Badger
quite fvrcely, as he tucked his ban
danua away in his coat-tail pocket.
Enough q this I'll adjourn the
hearing indefinitely and oonsi9n this
sweet little child 10 the care Of
her parents Whom God hath joined
together let no man pat asunder,' nor
any old woman. either" and he