"Here's a diabolical dilemma!" said Old Hurricane to himself, as soon as he learned the purport of these doc.u.ments.

"Here I shall have to bring Cap into court face to face with that demon to bear witness against him! Suppose losing one ward, he should lay claim to another! Ah, but he can't, without foully criminating himself!

Well, well, we shall see!"

While Old Hurricane was cogitating Cap was exulting.

"Oh, won't I tell all I know! Yes, and more, too!" she exclaimed, in triumph.

"'More, too!' Oh, hoity-toity! Never say more, too!" said Herbert laughing.

"I will, for I'll tell all I suspect!" said Cap, galloping on ahead, in her eagerness to get home and pack up for her journey.

The next day Old Hurricane, Herbert Greyson, Capitola, Pitapat and Wool went by stage to Staunton. They put up at the Planters' and Farmers'

Hotel, whence Herbert Greyson and Capitola soon sallied forth to see Clara and Mrs. Rocke. They soon found the doctor's house, and were ushered into the parlor in the presence of their friends.

The meeting between Capitola and Clara and between Mrs. Rocke and Herbert was very cordial. And then Herbert introduced Capitola to Mrs.

Rocke and Cap presented Herbert to Clara. And they all entered into conversation upon the subject of the coming lawsuit, and the circ.u.mstances that led to it. And Clara and Capitola related to each other all that had happened to each after their exchanging clothes and parting. And when they had laughed over their mutual adventures and misadventures, Herbert and Capitola took leave and returned to their hotel.

Herbert Greyson was the most serious of the whole family. Upon reaching the hotel he went to his own room and fell into deep reflection. And this was the course of his thought:

"Ira Warfield and Marah Rocke are here in the same town--brought hither upon the same errand--to-morrow to meet in the same court-room! And yet not either of them suspects the presence of the other! Mrs. Rocke does not know that in Capitola's uncle she will behold Major Warfield! He does not foresee that in Clara's matronly friend he will behold Marah Rocke! And Le Noir, the cause of all their misery, will be present also! What will be the effect of this unexpected meeting? Ought I not to warn one or the other? Let me think--no! For were I to warn Major Warfield he would absent himself. Should I drop a hint to Marah she would shrink from the meeting! No, I will leave it all to Providence--perhaps the sight of her sweet, pale face and soft, appealing eyes, so full of constancy and truth, may touch that stern old heart! Heaven grant it may!" concluded Herbert Greyson.

The next day the suit came on.

At an early hour Doctor Williams appeared, having in charge Clara Day, who was attended by her friend Mrs. Rocke. They were accommodated with seats immediately in front of the judge.

Very soon afterward Major Warfield, Herbert Greyson and Capitola entered, and took their places on the witness's bench, at the right side of the court-room.

Herbert watched Old Hurricane, whose eyes were spellbound to the bench where sat Mrs. Rocke and Clara. Both were dressed in deep mourning, with their veils down and their faces toward the judge. But Herbert dreaded every instant that Marah Rocke should turn her head and meet that fixed, wistful look of Old Hurricane. And he wondered what strange instinct it could be that riveted the old man's regards to that unrecognized woman.

At last, to Herbert's great uneasiness, Major Warfield turned and commenced questioning him:

"Who is that woman in mourning?"

"Hem--m--that one with the flaxen curls under her bonnet is Miss Day."

"I don't mean the girl, I mean the woman sitting by her?"

"That is--hem--hem--that is Doctor Williams sitting----"

Old Hurricane turned abruptly around and favored his nephew with a severe, scrutinizing gaze, demanding:

"Herbert, have you been drinking so early in the morning? Demmy, sir, this is not the season for mint juleps before breakfast! Is that great, stout, round-bodied, red-faced old Doctor Williams a little woman? I see him sitting on the right of Miss Day. I didn't refer to him! I referred to that still, quiet little woman sitting on her left, who has never stirred hand or foot since she sat down there. Who is she?"

"That woman? Oh, she?--yes--ah, let me see--she is a--Miss Day's companion!" faltered Herbert.

"To the demon with you! Who does not see that? But who is she? What is her name?" abruptly demanded Old Hurricane.

"Her name is a--a--did you ever see her before, sir?"

"I don't know! That is what I am trying to remember; but, sir, will you answer my question?"

"You seem very much interested in her."

"You seem very much determined not to let me know who she is! Hang it, sir, will you or will you not tell me that woman's name?"

"Certainly," said Herbert. "Her name is----" He was about to say Marah Rocke, but moral indignation overpowered him and he paused.

"Well, well, her name is what?" impatiently demanded Old Hurricane.

"Mrs. Warfield!" answered Herbert, doggedly.

And just at that unfortunate moment Marah turned her pale face and beseeching eyes around and met the full gaze of her husband!

In an instant her face blanched to marble and her head sank upon the railing before her bench. Old Hurricane was too dark to grow pale, but his bronzed cheek turned as gray as his hair, which fairly lifted itself on his head. Grasping his walking stick with both his hands, he tottered to his feet, and, muttering:

"I'll murder you for this, Herbert!" he strode out of the court-room.

Marah's head rested for about a minute on the railing before her and when she lifted it again her face was as calm and patient as before.

This little incident had pa.s.sed without attracting attention from any one except Capitola, who, sitting on the other side of Herbert Greyson, had heard the little pa.s.sage of words between him and her uncle, and had seen the latter start up and go out, and who now, turning to her companion, inquired:

"What is the meaning of all this, Herbert?"

"It means--Satan! And now attend to what is going on! Mr. Sauter has stated the case, and now Stringfellow, the attorney for the other side, is just telling the judge that he stands there in the place of his client, Lieutenant-Colonel Le Noir, who, being ordered to join General Taylor in Mexico, is upon the eve of setting out and cannot be here in person!"

"And is that true? Won't he be here?"

"It seems not. I think he is ashamed to appear after what has happened, and just takes advantage of a fair excuse to absent himself."

"And is he really going to Mexico?"

"Oh, yes! I saw it officially announced in this morning's papers. And, by the bye, I am very much afraid he is to take command of our regiment, and be my superior officer!"

"Oh, Herbert, I hope and pray not! I think there is wickedness enough packed up in that man's body to sink a squadron or lose an army!"

"Well, Cap, such things will happen. Attention! There's Sauter, ready to call his witnesses!" And, in truth, the next moment Capitola Black was called to the stand.

Cap took her place and gave her evidence con amore, and with such vim and such expressions of indignation, that Stringfellow reminded her she was there to give testimony, and not to plead the cause.

Cap rejoined that she was perfectly willing to do both! And so she continued not only to tell the acts, but to express her opinions as to the motives of Le Noir, and give her judgment as to what should be the decision of the court.

Stringfellow, the attorney for Colonel Le Noir, evidently thought that in this rash, reckless, spirited witness he had a fine subject for sarcastic cross-examination! But he reckoned "without his host." He did not know Cap! He, too, "caught a Tartar." And before the cross-examination was concluded, Capitola's apt and cutting replies had overwhelmed him with ridicule and confusion, and done more for the cause of her friend than all her partisans put together!

Other witnesses were called to corroborate the testimony of Capitola, and still others were examined to prove the last expressed wishes of the late William Day, in regard to the disposal of his daughter's person during the period of her minority.

There was no effective reb.u.t.ting evidence, and after some hard arguing by the attorneys on both sides, the case was closed, and the judge deferred his decision until the third day thereafter.