The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-10-16
CHAPTER NJ.
The Last Ditch.

The Last Ditch.
1t was a mark of the later and
larger development OF David Kent
that he was able to keep his head in
The moment of catastrophes. In boy
hood his hair had been a brick-dust
red and having the temperament
which belongs of right to the auburn
hued. his first impulse was to face
about and make Il personal matter OF
the legal robbery with Judge Mac
Farlane.
Happily for all concerned, Hunni-
colts better counSels prevailed and
when the anger fit passed Kent found
himself growing cool and determined.
HUnnicott was crestfallen and dis
posed 10 be apologize; but Kent did
him justice.
Don't blame yourself; there was
nothing else you could have done.
Have you stenographer in your Of
fice?"
Yes"
A good one?"
ms young Perkins; you know
him"
He'll do. Phone him to run down
to the station and get what kilograms
there are for me and We'll talk as we
go"
once free of the courthouse, Kent
began d rapid fire of questions.
Where is Judge MacFarlane stop
ping"
AT the Mid-Continent."
Have you any idea when he in
tends to leave town."
No; but he Will probably take the
first train He never stays here an
hour longer than he has to after ad-
Journment."
That would be the Flyer east at
o'clock. Is he going east?"
Come TO think of it, 1 believe he
is. Somebody said he was going to
hot Springs. He's in miserable
Kent saw more possibilities, and
worse, and quickened his pace little.
Il hope your young man won't let
the grass grow under his feet" he
said. The minutes between now and
o'clock are worth days to u.s.
What do we do?' asked Hunnicott,
willing to take a little lesson in prac-
tice AS he ran.
The aftidavits l have brought with
me and the kilograms which are wait
ing at the station must convince Mac
Farlane that he has made a mistake.
We shall prepare motion for the
discharge of the receiver, for
the vacation of the order appointing
him, and ask the Judge to set an early
day for the hearing on the merits of
the case. He can't refuse"
Hunnicott shook his head.
1T has been all cut and dried from
way back" he objected. They won't
let you upset it at he last moment"
Wen give them d run for theil
money" said Kent. "A good bit of il
depends upon Perkins speed as a stem
ographer.'
AS it befell, Perkins did not prove a
disappointment, and by o'clock Kent
was in the lobby of the Mid Continent,
sending his card UP to the Judges
room. Word came back that the Judge
was in the cafe certifying the inner
man in preparation for his journey,
and Kent did not stand upon ceremony.
From the archway of the dining-room
he marked down his man at a small
table in the corner, and went to him
at once, plunging promptly into the
matter in hand.
THE eXigencies of the case must
plead my excuse for intruding upon
you here, Judge MacFarlane." he be-
gan courteously. But / have been told
that you were leaving town"
The Judge waved him down with a
deprecatory fork.
Court is adjourned. Mr.. Kent, and 1
must decline 10 discuss the case ex
parte. Why did you allow it to go by
default?''
That is precisely what / am here to
explain" said Kent, suavely. THE time
allowed us was very short; and a series
Of accidents"
Again the Judge interrupted.
"A court can hardly take cognizance
of accidents, Mr.. Kent. Your local at
torney was on the ground and he had
the full benefit of the delay"
Il know" was the patient rejoinder.
Technically, your order is unassail-
able. None the less, a great injustice
has been done, as we are prepared to
prove. l am not here to ask you to
reopen the case at your dinner table,
but If you will glance over these pa
pers / am sure you will set an early
day for the hearing upon the merits" =
Judge MacFarlane forced a gray
smile.
You vote yea and nay in the same
breath, Mr.. Kent. If I should examine
your papers, i should be reopening the
case at my dinner table. You shall have
your hearing in due course"
AT chambers ?" said Kent. I'VE shall
be ready at any moment; we are ready
now, in point of fact"
Il cannot say as to that My health
is very precarious, and l am under
physicians orders TO take a complete
rest for time. / am sorry If the de-
lay shall work a hardship to the COM
pany you represent; but under the cir
cumstances, with not even an affidavit
offered by your side, it is your misfor-
tune. And now shall have to ask you
to excuse me. 1t lacks but few min
utes of my train time"
The hotel porter was droning out the
call for the eastbound flyer, and Kent
ehaced himself while Judge MacFar-
lane was paying his bill and making
ready for his departure. But when the
Judge set out to walk to the station.
Kent walked with him. There were
five squares TO be measured, and for
five squares he hung at MacFarlane's
elbow and the plea he made should
have won him hearing. Yet the Judge
remained impossible, and at the end
of the argument turned him back in a
word to his starting point
II can not recall the order at this
time, If ] would, Mr.. Kent; neither can
/ set day for the hearing on the mer-
its What has been done was done in
open court and in the presence of your
attorney, who offered no evidence in
contradiction Of the allegations set
forth in the plaintiffs amended petit
ton, although they were supported by