Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1905-10-25
Chapter XI.
THE LAST DITCH. :

robbery with Judge MacFarlane.
Happily for. all concerned, Hunni-
colts better counsels prevailed, and
when tho anger fit passed Kent found
himself growing cool and determined.
Once free of the courthouse. Kent
began rapid-tire of questions.
Where is Judge MacFarlane stop
ping?
AT the Mid-Continent"
"Have you any idea when he in
tends leaving town.,
mo; but he will probably take the
first train. He never stays here an
hour longer than he has to after adj
journment." -
"That would be the Flyer east at six
o'clock. Is he going east?"
Come to think Of it, believe he IL.
Somebody said he was going to Hot
Springs. He's in miserable health
Kent saw more possibilities, and
worse, and quickened his pace little.
what do We do?" asked Hunuicott,
willing to take little lesson in prac-
tice as he ran.
'The affidavits I have brought with
me and the kilograms which are wait
ing at the station must convince Mac
Farlane that he has made mistake.
We shall prepare a motion for the dis
charge of the receiver and for the va
cation Of the order appointing him,
and ask the judge to set an early day
Tor 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 the last mo-
ment."
well give them a run for their
money" said Kent.
BY five 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
fortifying the inner man in prepare.
ton for his journey, and Kent did
not stand upon ceremony. From the
archway Of the dining-room he
marked down his man at 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
deprecatory fork
Court IS adjourned, Mr.. Kent, and
l must decline to 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. 1.-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"
II know" was the patient rejoinder.
Technically, your order is unassail-
able. None the less, great injustice
has been done, as we are prepared to
prove. am not here to ask you to
reopen the case at your dinner-table.
but If you will glance over these pa
pers l am sure you will set an early
day for the hearing upon the meritsR'
Judge MacFarlane forced q gray
smile.
"You vote yea and nay in the same
breath, Mr.. Kent. If should examine
your papers, 1 should be reopening the
case at my dinner-table You shall
have your hearing in due course"
AT chambers?" said Kent. 1--WE
shall be ready at any moment; we are
ready now, in point of fact.'' e.,
II cannot say as to that. My health
is very precar1ous, and I am under a
physicians orders to take 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 afida-
Wit offered by your side, it is your mis-
fortune And now I shall ask you to
excuse me. It lacks but few minutes
of my train time"
The hotel porter was droning out
the call for the eastbound Flyer, and
Kent effaced himself while Judge Mac
Farlane was paying his bill and max
ing ready for his departure. But when
the judge set out to walk to the sta
ton, Kent walked with him There
we're five squares to be measured, and
for five squares he hung at ,MacFar-
lanes elbow and the plea he made
should have won him hearing. Yet
the Judge remained impossible, and at
the end Of the argument turned back
in a word to his starting point.
II cannot recall the order at this
time, IL would, Mr.. Kent; neither
cant set day for the hearing on the
merits. 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
more than dozen afadavits; and it
cannot be undone in the streets. Since
you have not improved your opportu-
mites, you must abide the conse-
quences. The law cannot be hurried. :" &
They had reached the station and the
eastbotind train was whistling for Gas
ton. Kent's patience was nearly gone,
and the auburn hued temperament
was clam9ring hotly for its innings.
This vacation OF yours, Judge Mac
Farlane: how long is It likely to last ?''''
he inquired muzzltng hts wrath yet
another moment.