By Bret Harte (1839-1902)  
[From Harper's Magazine, March, 1901. Republished in the volume, Openings in the Old Trail (1902), by Bret Harte; copyright, 1902, by Houghton Mifflin Company, the authorized publishers of Bret Harte's complete works; reprinted by their permission.]
 
It had been a day of triumph for Colonel Starbottle. First, for his personality, as it would have been difficult to separate the Colonel's achievements from his individuality; second, for his oratorical abilities as a sympathetic pleader; and third, for his functions as the leading counsel for the Eureka Ditch Company versus the State of California. On his strictly legal performances in this issue I prefer not to speak; there were those who denied them, although the jury had accepted them in the face of the ruling of the half-amused, half-cynical Judge himself. For an hour they had laughed with the Colonel, wept with him, been stirred to personal indignation or patriotic exaltation by his passionate and lofty periods—what else could they do than give him their verdict? If it was alleged by some that the American eagle, Thomas Jefferson, and the Resolutions of '98 had nothing whatever to do with the contest of a ditch company over a doubtfully worded legislative document; that wholesale abuse of the State Attorney and his political motives had not the slightest connection with the legal question raised—it was, nevertheless, generally accepted that the losing party would have been only too glad to have the Colonel on their side. And Colonel Starbottle knew this, as, perspiring, florid, and panting, he rebuttoned the lower buttons of his blue frock-coat, which had become loosed in an oratorical spasm, and readjusted his old-fashioned, spotless shirt frill above it as he strutted from the court-room amidst the hand-shakings and acclamations of his friends.
 
And here an unprecedented thing occurred. The Colonel absolutely declined spirituous refreshment at the neighboring Palmetto Saloon, and declared his intention of proceeding directly to his office in the adjoining square. Nevertheless the Colonel quitted the building alone, and apparently unarmed except for his faithful gold-headed stick, which hung as usual from his forearm. The crowd gazed after him with undisguised admiration of this new evidence of his pluck. It was remembered also that a mysterious note had been handed to him at the conclusion of his speech—evidently a challenge from the State Attorney. It was quite plain that the Colonel—a practised duellist—was hastening home to answer it.
 
But herein they were wrong. The note was in a female hand, and simply requested the Colonel to accord an interview with the writer at the Colonel's office as soon as he left the court. But it was an engagement that the Colonel—as devoted to the fair sex as he was to the "code"—was no less prompt in accepting. He flicked away the dust from his spotless white trousers and varnished boots with his handkerchief, and settled his black cravat under his Byron collar as he neared his office. He was surprised, however, on opening the door of his private office to find his visitor already there; he was still more startled to find her somewhat past middle age and plainly attired. But the Colonel was brought up in a school of Southern politeness, already antique in the republic, and his bow of courtesy belonged to the epoch of his shirt frill and strapped trousers. No one could have detected his disappointment in his manner, albeit his sentences were short and incomplete. But the Colonel's colloquial speech was apt to be fragmentary incoherencies of his larger oratorical utterances.
 
"A thousand pardons—for—er—having kept a lady waiting—er! But—er—congratulations of friends—and—er—courtesy due to them—er—interfered with—though perhaps only heightened—by procrastination—pleasure of—ha!" And the Colonel completed his sentence with a gallant wave of his fat but white and well-kept hand.
 
"Yes! I came to see you along o' that speech of yours. I was in court. When I heard you gettin' it off on that jury, I says to myself that's the kind o' lawyer I want. A man that's flowery and convincin'! Just the man to take up our case."
 
"Ah! It's a matter of business, I see," said the Colonel, inwardly relieved, but externally careless. "And—er—may I ask the nature of the case?"
 
"Well! it's a breach-o'-promise suit," said the visitor, calmly.
 
If the Colonel had been surprised before, he was now really startled, and with an added horror that required all his politeness to conceal. Breach-of-promise cases were his peculiar aversion. He had always held them to be a kind of litigation which could have been obviated by the prompt killing of the masculine offender—in which case he would have gladly defended the killer. But a suit for damages!—damages!—with the reading of love-letters before a hilarious jury and court, was against all his instincts. His chivalry was outraged; his sense of humor was small—and in the course of his career he had lost one or two important cases through an unexpected development of this quality in a jury.
 
The woman had evidently noticed his hesitation, but mistook its cause. "It ain't me—but my darter."
 
The Colonel recovered his politeness. "Ah! I am relieved, my dear madam! I could hardly conceive a man ignorant enough to—er—er—throw away such evident good fortune—or base enough to deceive the trustfulness of womanhood—matured and experienced only in the chivalry of our sex, ha!"
 
The woman smiled grimly. "Yes!—it's my darter, Zaidee Hooker—so ye might spare some of them pretty speeches for her—before the jury."
 
The Colonel winced slightly before this doubtful prospect, but smiled. "Ha! Yes!—certainly—the jury. But—er—my dear lady, need we go as far as that? Cannot this affair be settled—er—out of court? Could not this—er—individual—be admonished—told that he must give satisfaction—personal satisfaction—for his dastardly conduct—to —er—near relative—or even valued personal friend? The—er—arrangements necessary for that purpose I myself would undertake."
 
He was quite sincere; indeed, his small black eyes shone with that fire which a pretty woman or an "affair of honor" could alone kindle. The visitor stared vacantly at him, and said, slowly:
 
"And what good is that goin' to do us?"
 
"Compel him to—er—perform his promise," said the Colonel, leaning back in his chair.
 
"Ketch him doin' it!" said the woman, scornfully. "No—that ain't wot we're after. We must make him pay! Damages—and nothin' short o' that."
 
The Colonel bit his lip. "I suppose," he said, gloomily, "you have documentary evidence—written promises and protestations—er—er— love-letters, in fact?"
 
"No—nary a letter! Ye see, that's jest it—and that's where you come in. You've got to convince that jury yourself. You've got to show what it is—tell the whole story your own way. Lord! to a man like you that's nothin'."
 
Startling as this admission might have been to any other lawyer, Starbottle was absolutely relieved by it. The absence of any mirth-provoking correspondence, and the appeal solely to his own powers of persuasion, actually struck his fancy. He lightly put aside the compliment with a wave of his white hand.
 
"Of course," said the Colonel, confidently, "there is strongly presumptive and corroborative evidence? Perhaps you can give me—er—a brief outline of the affair?"
 
"Zaidee kin do that straight enough, I reckon," said the woman; "what I want to know first is, kin you take the case?"
 
The Colonel did not hesitate; his curiosity was piqued. "I certainly can. I have no doubt your daughter will put me in possession of sufficient facts and details—to constitute what we call—er—a brief."
 
"She kin be brief enough—or long enough—for the matter of that," said the woman, rising. The Colonel accepted this implied witticism with a smile.
 
"And when may I have the pleasure of seeing her?" he asked, politely.
 
"Well, I reckon as soon as I can trot out and call her. She's just outside, meanderin' in the road—kinder shy, ye know, at first."
 
She walked to the door. The astounded Colonel nevertheless gallantly accompanied her as she stepped out into the street and called, shrilly, "You Zaidee!"
 
A young girl here apparently detached herself from a tree and the ostentatious perusal of an old election poster, and sauntered down towards the office door. Like her mother, she was plainly dressed; unlike her, she had a pale, rather refined face, with a demure mouth and downcast eyes. This was all the Colonel saw as he bowed profoundly and led the way into his office, for she accepted his salutations without lifting her head. He helped her gallantly to a chair, on which she seated herself sideways, somewhat ceremoniously, with her eyes following the point of her parasol as she traced a pattern on the carpet. A second chair offered to the mother that lady, however, declined. "I reckon to leave you and Zaidee together to talk it out," she said; turning to her daughter, she added, "Jest you tell him all, Zaidee," and before the Colonel could rise again, disappeared from the room. In spite of his professional experience, Starbottle was for a moment embarrassed. The young girl, however, broke the silence without looking up.
 
"Adoniram K. Hotchkiss," she began, in a monotonous voice, as if it were a recitation addressed to the public, "first began to take notice of me a year ago. Arter that—off and on——"
 
"One moment," interrupted the astounded Colonel; "do you mean Hotchkiss the President of the Ditch Company?" He had recognized the name of a prominent citizen—a rigid ascetic, taciturn, middle-aged man—a deacon—and more than that, the head of the company he had just defended. It seemed inconceivable.
 
"That's him," she continued, with eyes still fixed on the parasol and without changing her monotonous tone—"off and on ever since. Most of the time at the Free-Will Baptist church—at morning service, prayer-meetings, and such. And at home—outside—er—in the road."
 
"Is it this gentleman—Mr. Adoniram K. Hotchkiss—who—er—promised marriage?" stammered the Colonel.
 
"Yes."
 
The Colonel shifted uneasily in his chair. "Most extraordinary! for—you see—my dear young lady—this becomes—a—er—most delicate affair."
 
"That's what maw said," returned the young woman, simply, yet with the faintest smile playing around her demure lips and downcast cheek.
 
"I mean," said the Colonel, with a pained yet courteous smile, "that this—er—gentleman—is in fact—er—one of my clients."
 
"That's what maw said, too, and of course your knowing him will make it all the easier for you," said the young woman.
 
A slight flush crossed the Colonel's cheek as he returned quickly and a little stiffly, "On the contrary—er—it may make it impossible for me to—er—act in this matter."
 
The girl lifted her eyes. The Colonel held his breath as the long lashes were raised to his level. Even to an ordinary observer that sudden revelation of her eyes seemed to transform her face with subtle witchery. They were large, brown, and soft, yet filled with an extraordinary penetration and prescience. They were the eyes of an experienced woman of thirty fixed in the face of a child. What else the Colonel saw there Heaven only knows! He felt his inmost secrets plucked from him—his whole soul laid bare—his vanity, belligerency, gallantry—even his medieval chivalry, penetrated, and yet illuminated, in that single glance. And when the eyelids fell again, he felt that a greater part of himself had been swallowed up in them.
 
"I beg your pardon," he said, hurriedly. "I mean—this matter may be arranged—er—amicably. My interest with—and as you wisely say—my—er—knowledge of my client—er—Mr. Hotchkiss—may affect—a compromise."
 
"And damages," said the young girl, readdressing her parasol, as if she had never looked up.
 
The Colonel winced. "And—er—undoubtedly compensation—if you do not press a fulfilment of the promise. Unless," he said, with an attempted return to his former easy gallantry, which, however, the recollection of her eyes made difficult, "it is a question of—er—the affections?"
 
"Which?" said his fair client, softly.
 
"If you still love him?" explained the Colonel, actually blushing.
 
Zaidee again looked up; again taking the Colonel's breath away with eyes that expressed not only the fullest perception of what he had said, but of what he thought and had not said, and with an added subtle suggestion of what he might have thought. "That's tellin'," she said, dropping her long lashes again. The Colonel laughed vacantly. Then feeling himself growing imbecile, he forced an equally weak gravity. "Pardon me—I understand there are no letters; may I know the way in which he formulated his declaration and promises?"
 
"Hymn-books," said the girl, briefly.
 
"I beg your pardon," said the mystified lawyer.
 
"Hymn-books—marked words in them with pencil—and passed 'em on to me," repeated Zaidee. "Like 'love,' 'dear,' 'precious,' 'sweet,' and 'blessed,'" she added, accenting each word with a push of her parasol on the carpet. "Sometimes a whole line outer Tate and Brady—and Solomon's Song, you know, and sich."
 
"I believe," said the Colonel, loftily, "that the—er—phrases of sacred psalmody lend themselves to the language of the affections. But in regard to the distinct promise of marriage—was there—er—no other expression?"
 
"Marriage Service in the prayer-book—lines and words outer that—all marked," said Zaidee. The Colonel nodded naturally and approvingly. "Very good. Were others cognizant of this? Were there any witnesses?"
 
"Of course not," said the girl. "Only me and him. It was generally at church-time—or prayer-meeting. Once, in passing the plate, he slipped one o' them peppermint lozenges with the letters stamped on it 'I love you' for me to take."
 
The Colonel coughed slightly. "And you have the lozenge?"
 
"I ate it," said the girl, simply.
 
"Ah," said the Colonel. After a pause he added, delicately: "But were these attentions—er—confined to—er—-sacred precincts? Did he meet you elsewhere?"
 
"Useter pass our house on the road," returned the girl, dropping into her monotonous recital, "and useter signal."
 
"Ah, signal?" repeated the Colonel, approvingly.
 
"Yes! He'd say 'Kerrow,' and I'd say 'Kerree.' Suthing like a bird, you know."
 
Indeed, as she lifted her voice in imitation of the call the Colonel thought it certainly very sweet and birdlike. At least as she gave it. With his remembrance of the grim deacon he had doubts as to the melodiousness of his utterance. He gravely made her repeat it.
 
"And after that signal?" he added, suggestively.
 
"He'd pass on," said the girl.
 
The Colonel coughed slightly, and tapped his desk with his pen-holder.
 
"Were there any endearments—er—caresses—er—such as taking your hand—er—clasping your waist?" he suggested, with a gallant yet respectful sweep of his white hand and bowing of his head;—"er— slight pressure of your fingers in the changes of a dance—I mean," he corrected himself, with an apologetic cough—"in the passing of the plate?"
 
"No;—he was not what you'd call 'fond,'" returned the girl.
 
"Ah! Adoniram K. Hotchkiss was not 'fond' in the ordinary acceptance of the word," said the Colonel, with professional gravity.
 
She lifted her disturbing eyes, and again absorbed his in her own. She also said "Yes," although her eyes in their mysterious prescience of all he was thinking disclaimed the necessity of any answer at all. He smiled vacantly. There was a long pause. On which she slowly disengaged her parasol from the carpet pattern and stood up.
 
"I reckon that's about all," she said.
 
"Er—yes—but one moment," said the Colonel, vaguely. He would have liked to keep her longer, but with her strange premonition of him he felt powerless to detain her, or explain his reason for doing so. He instinctively knew she had told him all; his professional judgment told him that a more hopeless case had never come to his knowledge. Yet he was not daunted, only embarrassed. "No matter," he said, vaguely. "Of course I shall have to consult with you again." Her eyes again answered that she expected he would, but she added, simply, "When?"
 
"In the course of a day or two," said the Colonel, quickly. "I will send you word." She turned to go. In his eagerness to open the door for her he upset his chair, and with some confusion, that was actually youthful, he almost impeded her movements in the hall, and knocked his broad-brimmed Panama hat from his bowing hand in a final gallant sweep. Yet as her small, trim, youthful figure, with its simple Leghorn straw hat confined by a blue bow under her round chin, passed away before him, she looked more like a child than ever.
 
The Colonel spent that afternoon in making diplomatic inquiries. He found his youthful client was the daughter of a widow who had a small ranch on the cross-roads, near the new Free-Will Baptist church—the evident theatre of this pastoral. They led a secluded life; the girl being little known in the town, and her beauty and fascination apparently not yet being a recognized fact. The Colonel felt a pleasurable relief at this, and a general satisfaction he could not account for. His few inquiries concerning Mr. Hotchkiss only confirmed his own impressions of the alleged lover—a serious-minded, practically abstracted man—abstentive of youthful society, and the last man apparently capable of levity of the affections or serious flirtation. The Colonel was mystified—but determined of purpose—whatever that purpose might have been.
 
The next day he was at his office at the same hour. He was alone—as usual—the Colonel's office really being his private lodgings, disposed in connecting rooms, a single apartment reserved for consultation. He had no clerk; his papers and briefs being taken by his faithful body-servant and ex-slave "Jim" to another firm who did his office-work since the death of Major Stryker—the Colonel's only law partner, who fell in a duel some years previous. With a fine constancy the Colonel still retained his partner's name on his door-plate—and, it was alleged by the superstitious, kept a certain invincibility also through the manes of that lamented and somewhat feared man.
 
The Colonel consulted his watch, whose heavy gold case still showed the marks of a providential interference with a bullet destined for its owner, and replaced it with some difficulty and shortness of breath in his fob. At the same moment he heard a step in the passage, and the door opened to Adoniram K. Hotchkiss. The Colonel was impressed; he had a duellist's respect for punctuality.
 
The man entered with a nod and the expectant, inquiring look of a busy man. As his feet crossed that sacred threshold the Colonel became all courtesy; he placed a chair for his visitor, and took his hat from his half-reluctant hand. He then opened a cupboard and brought out a bottle of whiskey and two glasses.
 
"A—er—slight refreshment, Mr. Hotchkiss," he suggested, politely. "I never drink," replied Hotchkiss, with the severe attitude of a total abstainer. "Ah—er—not the finest bourbon whiskey, selected by a Kentucky friend? No? Pardon me! A cigar, then—the mildest Havana."
 
"I do not use tobacco nor alcohol in any form," repeated Hotchkiss, ascetically. "I have no foolish weaknesses."
 
The Colonel's moist, beady eyes swept silently over his client's sallow face. He leaned back comfortably in his chair, and half closing his eyes as in dreamy reminiscence, said, slowly: "Your reply, Mr. Hotchkiss, reminds me of—er—sing'lar circumstances that —er—occurred, in point of fact—at the St. Charles Hotel, New Orleans. Pinkey Hornblower—personal friend—invited Senator Doolittle to join him in social glass. Received, sing'larly enough, reply similar to yours. 'Don't drink nor smoke?' said Pinkey. 'Gad, sir, you must be mighty sweet on the ladies.' Ha!" The Colonel paused long enough to allow the faint flush to pass from Hotchkiss's cheek, and went on, half closing his eyes: "'I allow no man, sir, to discuss my personal habits,' said Doolittle, over his shirt collar. 'Then I reckon shootin' must be one of those habits,' said Pinkey, coolly. Both men drove out on the Shell Road back of cemetery next morning. Pinkey put bullet at twelve paces through Doolittle's temple. Poor Doo never spoke again. Left three wives and seven children, they say —two of 'em black."
 
"I got a note from you this morning," said Hotchkiss, with badly concealed impatience. "I suppose in reference to our case. You have taken judgment, I believe." The Colonel, without replying, slowly filled a glass of whiskey and water. For a moment he held it dreamily before him, as if still engaged in gentle reminiscences called up by the act. Then tossing it off, he wiped his lips with a large white handkerchief, and leaning back comfortably in his chair, said, with a wave of his hand, "The interview I requested, Mr. Hotchkiss, concerns a subject—which I may say is—er—er—at present not of a public or business nature—although later it might become—er—er—both. It is an affair of some—er—delicacy."
 
The Colonel paused, and Mr. Hotchkiss regarded him with increased impatience. The Colonel, however, continued, with unchanged deliberation: "It concerns—er—a young lady—a beautiful, high-souled creature, sir, who, apart from her personal loveliness— er—er—I may say is of one of the first families of Missouri, and— er—not—remotely connected by marriage with one of—er—er—my boyhood's dearest friends. The latter, I grieve to say, was a pure invention of the Colonel's—an oratorical addition to the scanty information he had obtained the previous day. The young lady," he continued, blandly, "enjoys the further distinction of being the object of such attention from you as would make this interview— really—a confidential matter—er—er—among friends and—er—er— relations in present and future. I need not say that the lady I refer to is Miss Zaidee Juno Hooker, only daughter of Almira Ann Hooker, relict of Jefferson Brown Hooker, formerly of Boone County, Kentucky, and latterly of—er—Pike County, Missouri."
 
The sallow, ascetic hue of Mr. Hotchkiss's face had passed through a livid and then a greenish shade, and finally settled into a sullen red. "What's all this about?" he demanded, roughly. The least touch of belligerent fire came into Starbottle's eye, but his bland courtesy did not change. "I believe," he said, politely, "I have made myself clear as between—er—gentlemen, though perhaps not as clear as I should to—er—er—jury."
 
Mr. Hotchkiss was apparently struck with some significance in the lawyer's reply. "I don't know," he said, in a lower and more cautious voice, "what you mean by what you call 'my attentions' to—any one—or how it concerns you. I have not exhausted half a dozen words with—the person you name—have never written her a line—nor even called at her house." He rose with an assumption of ease, pulled down his waistcoat, buttoned his coat, and took up his hat. The Colonel did not move. "I believe I have already indicated my meaning in what I have called 'your attentions,'" said the Colonel, blandly, "and given you my 'concern' for speaking as—er—er mutual friend. As to your statement of your relations with Miss Hooker, I may state that it is fully corroborated by the statement of the young lady herself in this very office yesterday."
 
"Then what does this impertinent nonsense mean? Why am I summoned here?" said Hotchkiss, furiously.
 
"Because," said the Colonel, deliberately, "that statement is infamously—yes, damnably to your discredit, sir!"
 
Mr. Hotchkiss was here seized by one of those important and inconsistent rages which occasionally betray the habitually cautious and timid man. He caught up the Colonel's stick, which was lying on the table. At the same moment the Colonel, without any apparent effort, grasped it by the handle. To Mr. Hotchkiss's astonishment, the stick separated in two pieces, leaving the handle and about two feet of narrow glittering steel in the Colonel's hand. The man recoiled, dropping the useless fragment. The Colonel picked it up, fitting the shining blade in it, clicked the spring, and then rising, with a face of courtesy yet of unmistakably genuine pain, and with even a slight tremor in his voice, said, gravely:
 
"Mr. Hotchkiss, I owe you a thousand apologies, sir, that—er— a weapon should be drawn by me—even through your own inadvertence— under the sacred protection of my roof, and upon an unarmed man. I beg your pardon, sir, and I even withdraw the expressions which provoked that inadvertence. Nor does this apology prevent you from holding me responsible—personally responsible—elsewhere for an indiscretion committed in behalf of a lady—my—er—client."
 
"Your client? Do you mean you have taken her case? You, the counsel for the Ditch Company?" said Mr. Hotchkiss, in trembling indignation.
 
"Having won your case, sir," said the Colonel, coolly, "the—er—usages of advocacy do not prevent me from espousing the cause of the weak and unprotected."
 
"We shall see, sir," said Hotchkiss, grasping the handle of the door and backing into the passage. "There are other lawyers who—"
 
"Permit me to see you out," interrupted the Colonel, rising politely.
 
"—will be ready to resist the attacks of blackmail," continued Hotchkiss, retreating along the passage.
 
"And then you will be able to repeat your remarks to me in the street," continued the Colonel, bowing, as he persisted in following his visitor to the door.
 
But here Mr. Hotchkiss quickly slammed it behind him, and hurried away. The Colonel returned to his office, and sitting down, took a sheet of letter paper bearing the inscription "Starbottle and Stryker, Attorneys and Counsellors," and wrote the following lines:
 
  Hooker versus Hotchkiss.
 
  DEAR MADAM,—Having had a visit from the defendant in
  above, we should be pleased to have an interview with you at
  2 p.m. to-morrow. Your obedient servants,
                                            STARBOTTLE AND STRYKER.
This he sealed and despatched by his trusted servant Jim, and then devoted a few moments to reflection. It was the custom of the Colonel to act first, and justify the action by reason afterwards.
 
He knew that Hotchkiss would at once lay the matter before rival counsel. He knew that they would advise him that Miss Hooker had "no case"—that she would be non-suited on her own evidence, and he ought not to compromise, but be ready to stand trial. He believed, however, that Hotchkiss feared that exposure, and although his own instincts had been at first against that remedy, he was now instinctively in favor of it. He remembered his own power with a jury; his vanity and his chivalry alike approved of this heroic method; he was bound by the prosaic facts—he had his own theory of the case, which no mere evidence could gainsay. In fact, Mrs. Hooker's own words that "he was to tell the story in his own way" actually appeared to him an inspiration and a prophecy.
 
Perhaps there was something else, due possibly to the lady's wonderful eyes, of which he had thought much. Yet it was not her simplicity that affected him solely; on the contrary, it was her apparent intelligent reading of the character of her recreant lover—and of his own! Of all the Colonel's previous "light" or "serious" loves none had ever before flattered him in that way. And it was this, combined with the respect which he had held for their professional relations, that precluded his having a more familiar knowledge of his client, through serious questioning, or playful gallantry. I am not sure it was not part of the charm to have a rustic femme incomprise as a client.
 
Nothing could exceed the respect with which he greeted her as she entered his office the next day. He even affected not to notice that she had put on her best clothes, and he made no doubt appeared as when she had first attracted the mature yet faithless attentions of Deacon Hotchkiss at church. A white virginal muslin was belted around her slim figure by a blue ribbon, and her Leghorn hat was drawn around her oval cheek by a bow of the same color. She had a Southern girl's narrow feet, encased in white stockings and kid slippers, which were crossed primly before her as she sat in a chair, supporting her arm by her faithful parasol planted firmly on the floor. A faint odor of southernwood exhaled from her, and, oddly enough, stirred the Colonel with a far-off recollection of a pine-shaded Sunday school on a Georgia hillside and of his first love, aged ten, in a short, starched frock. Possibly it was the same recollection that revived something of the awkwardness he had felt then.
 
He, however, smiled vaguely and, sitting down, coughed slightly, and placed his fing............