Days that came after this, on through the midsummer, were, with variations, but repet.i.tions of the day I have just described. Each morning Peep O'Day would go to either the courthouse or Judge Priest's home to turn over to the Judge the unopened mail which had been delivered to him at Gafford's stables; then he would secure from the Judge a loan of money against his inheritance. Generally the amount of his daily borrowing was a dollar; rarely was it so much as two dollars; and only once was it more than two dollars.

By nightfall the sum would have been expended upon perfectly useless and absolutely childish devices. It might be that he would buy toy pistols and paper caps for himself and his following of urchins; or that his whim would lead him to expend all the money in tin flutes. In one case the group he so incongruously headed would be for that one day a gang of make-believe banditti; in another, they would const.i.tute themselves a fife-and-drum corps--with barreltops for the drums--and would march through the streets, where scandalised adults stood in their tracks to watch them go by, they all the while making weird sounds, which with them pa.s.sed for music.

Or again, the available cash resources would be invested in provender; and then there would be an outing in the woods. Under Peep O'Day's captaincy his chosen band of youngsters picked dewberries; they went swimming together in Guthrie's Gravel Pit, out by the old Fair Grounds, where his spare naked shanks contrasted strongly with their plump freckled legs as all of them splashed through the shallows, making for deep water. Under his leadership they stole watermelons from Mr. d.i.c.k Bell's patch, afterward eating their spoils in thickets of grapevines along the banks of Perkins' Creek.

It was felt that mental befuddlement and mortal folly could reach no greater heights--or no lower depths--than on a certain hour of a certain day, along toward the end of August, when O'Day came forth from his quarters in Gafford's stables, wearing a pair of boots that M.

Biederman's establishment had turned out to his order and his measure--not such boots as a sensible man might be expected to wear, but boots that were exaggerated and monstrous counterfeits of the red-topped, scroll-fronted, bra.s.s-toed, stub-heeled, squeaky-soled bootees that small boys of an earlier generation possessed.

Very proudly and seemingly unconscious of or, at least, oblivious to the derisive remarks that the appearance of these new belongings drew from many persons, the owner went clumping about in them, with the rumply legs of his trousers tucked down in them, and ballooning up and out over the tops in folds which overlapped from his knee joints halfway down his attenuated calves.

As Deputy Sheriff Quarles said, the combination was a sight fit to make a horse laugh. It may be that small boys have a lesser sense of humour than horses have, for certainly the boys who were the old man's invariable shadows did not laugh at him, or at his boots either.

Between the whiskered senior and his small comrades there existed a freemasonry that made them all sense a thing beyond the ken of most of their elders. Perhaps this was because the elders, being blind in their superior wisdom, saw neither this thing nor the communion that flourished. They saw only the farcical joke. But His Honour, Judge Priest, to cite a conspicuous exception, seemed not to see the lamentable comedy of it.

Indeed, it seemed to some almost as if Judge Priest were aiding and abetting the befogged O'Day in his demented enterprises, his peculiar excursions and his weird purchases. If he did not actually encourage him in these constant exhibitions of witlessness, certainly there were no evidences available to show that he sought to dissuade O'Day from his strange course.

At the end of a fortnight one citizen, in whom patience had ceased to be a virtue and to whose nature long-continued silence on any public topic was intolerable, felt it his duty to speak to the Judge upon the subject. This gentleman--his name was S. P. Escott--held, with others, that, for the good name of the community, steps should be taken to abate the infantile, futile activities of the besotted legatee.

Afterward Mr. Escott, giving a partial account of the conversation with Judge Priest to certain of his friends, showed unfeigned annoyance at the outcome.

"I claim that old man's not fittin' to be runnin' a court any longer,"

he stated bitterly. "He's too old and peevish--that's whut ails him! Fur one, I'm certainly not never goin' to vote fur him again. Why, it's gettin' to be ez much ez a man's life is worth to stop that there spiteful old crank on the street and put a civil question to him--that's whut's the matter!"

"What happened, S. P.?" inquired someone.

"Why, here's whut happened!" exclaimed the aggrieved Mr. Escott. "I hadn't any more than started in to tell him the whole town was talkin'

about the way that daffy Old Peep O'Day was carryin' on, and that somethin' had oughter be done about it, and didn't he think it was beholdin' on him ez circuit judge to do somethin' right away, sech ez havin' O'Day tuck up and tried fur a lunatic, and that I fur one was ready and willin' to testify to the crazy things I'd seen done with my own eyes--when he cut in on me and jest ez good ez told me to my own face that ef I'd quit tendin' to other people's business I'd mebbe have more business of my own to tend to.

"Think of that, gentlemen! A circuit judge bemeanin' a citizen and a taxpayer"--he checked himself slightly--"anyhow, a citizen, thataway! It shows he can't be rational his own self. Personally I claim Old Priest is failin' mentally--he must be! And ef anybody kin be found to run against him at the next election you gentlemen jest watch and see who gits my vote!"

Having uttered this threat with deep and significant emphasis Mr.

Escott, still muttering, turned and entered the front gate of his boarding house. It was not exactly his boarding house; his wife ran it.

But Mr. Escott lived there and voted from there.

But the apogee of Peep O'Day's carnival of weird vagaries of deportment came at the end of two months--two months in which each day the man furnished c.u.mulative and piled-up material for derisive and jocular comment on the part of a very considerable proportion of his fellow townsmen.

Three occurrences of a widely dissimilar nature, yet all closely interrelated to the main issue, marked the climax of the man's new role in his new career. The first of these was the arrival of his legacy; the second was a one-ring circus; and the third and last was a nephew.

In the form of certain bills of exchange the estate left by the late Daniel O'Day, of the town of Kilmare, in the island of Ireland, was on a certain afternoon delivered over into Judge Priest's hands, and by him, in turn, handed to the rightful owner, after which sundry indebtednesses, representing the total of the old Judge's day-to-day cash advances to O'Day, were liquidated.

The ceremony of deducting this sum took place at the Planters' Bank, whither the two had journeyed in company from the courthouse. Having, with the aid of the paying teller, instructed O'Day in the technical details requisite to the drawing of personal checks, Judge Priest went home and had his bag packed, and left for Reelfoot Lake to spend a week fishing. As a consequence he missed the remaining two events, following immediately thereafter.

The circus was no great shakes of a circus; no grand, glittering, gorgeous, glorious pageant of education and entertainment, travelling on its own special trains; no vast tented city of world's wonders and world's champions, heralded for weeks and weeks in advance of its coming by dead walls emblazoned with the finest examples of the lithographer's art, and by half-page advertis.e.m.e.nts in the _Daily Evening News_. On the contrary, it was a shabby little wagon show, which, coming overland on short notice, rolled into town under horse power, and set up its ragged and dusty canvases on the vacant lot across from Yeiser's drug store.

Compared with the street parade of any of its great and famous rivals, the street parade of this circus was a meagre and disappointing thing.

Why, there was only one elephant, a dwarfish and debilitated-looking creature, worn mangy and slick on its various angles, like the cover of an old-fashioned haircloth trunk; and obviously most of the closed cages were weather-beaten stake wagons in disguise. Nevertheless, there was a sizable turnout of people for the afternoon performance. After all, a circus was a circus.

Moreover, this particular circus was marked at the afternoon performance by happenings of a nature most decidedly unusual. At one o'clock the doors were opened: at one-ten the eyes of the proprietor were made glad and his heart was uplifted within him by the sight of a strange procession, drawing nearer and nearer across the scuffed turf of the common, and heading in the direction of the red ticket wagon.

At the head of the procession marched Peep O'Day--only, of course, the proprietor didn't know it was Peep O'Day--a queer figure in his rumpled black clothes and his red-topped bra.s.s-toed boots, and with one hand holding fast to the string of a captive toy balloon. Behind him, in an uneven jostling formation, followed many small boys and some small girls. A census of the ranks would have developed that here were included practically all the juvenile white population who otherwise, through a lack of funds, would have been denied the opportunity to patronise this circus or, in fact, any circus.

Each member of the joyous company was likewise the bearer of a toy balloon--red, yellow, blue, green or purple, as the case might be. Over the line of heads the taut rubbery globes rode on their tethers, nodding and twisting like so many big iridescent bubbles; and half a block away, at the edge of the lot, a balloon vender, whose entire stock had been disposed of in one splendid transaction, now stood, empty-handed but full-pocketed, marvelling at the stroke of luck that enabled him to take an afternoon off and rest his voice.

Out of a seemingly bottomless exchequer Peep O'Day bought tickets of admission for all. But this was only the beginning. Once inside the tent he procured accommodations in the reserved-seat section for himself and those who accompanied him. From such superior points of vantage the whole crew of them witnessed the performance, from the thrilling grand entry, with spangled ladies and gentlemen riding two by two on broad-backed steeds, to the tumbling bout introducing the full strength of the company, which came at the end.

They munched fresh-roasted peanuts and b.a.l.l.s of sugar-coated pop corn, slightly rancid, until they munched no longer with zest but merely mechanically. They drank pink lemonade to an extent that threatened absolute depletion of the fluid contents of both barrels in the refreshment stand out in the menagerie tent. They whooped their unbridled approval when the wild Indian chief, after shooting down a stuffed c.o.o.n with a bow and arrow from somewhere up near the top of the centre pole while balancing himself jauntily erect upon the haunches of a coursing white charger, suddenly flung off his feathered headdress, his wig and his fringed leather garments, and revealed himself in pink fleshings as the princ.i.p.al bareback rider.

They screamed in a chorus of delight when the funny old clown, who had been forcibly deprived of three tin flutes in rapid succession, now produced yet a fourth from the seemingly inexhaustible depths of his baggy white pants--a flute with a string and a bent pin affixed to it--and, secretly hooking the pin in the tail of the cross ringmaster's coat, was thereafter enabled to toot sharp shrill blasts at frequent intervals, much to the chagrin of the ringmaster, who seemed utterly unable to discover the whereabouts of the instrument dangling behind him.

But no one among them whooped louder or laughed longer than their elderly and bewhiskered friend, who sat among them, paying the bills. As his guests they stayed for the concert; and, following this, they patronised the side show in a body. They had been almost the first upon the scene; a.s.suredly they were the last of the audience to quit it.

Indeed, before they trailed their confrere away from the spot the sun was nearly down; and at scores of supper tables all over town the tale of poor old Peep O'Day's latest exhibition of freakishness was being retailed, with elaborations, to interested auditors. Estimates of the sum probably expended by him in this crowning extravagance ranged well up into the hundreds of dollars.

As for the object of these speculations, he was destined not to eat any supper at all that night. Something happened that so upset him as to make him forget the meal altogether. It began to happen when he reached the modest home of P. Gafford, adjoining the Gafford stables, on Locust Street, and found sitting on the lowermost step of the porch a young man of untidy and unshaven aspect, who hailed him affectionately as Uncle Paul, and who showed deep annoyance and acute distress upon being rebuffed with chill words.

It is possible that the strain of serving a three-months' sentence, on the technical charge of vagrancy, in a workhouse somewhere in Indiana, had affected the young man's nerves. His ankle bones still ached where the ball and chain had been hitched; on his palms the blisters induced by the uncongenial use of a sledge hammer on a rock pile had hardly as yet turned to calluses. So it is only fair to presume that his nervous system felt the stress of his recent confining experiences.

Almost tearfully he pleaded with Peep O'Day to remember the ties of blood that bound them; repeatedly he pointed out that he was the only known kinsman of the other in all the world, and, therefore, had more reason than any other living being to expect kindness and generosity at his uncle's hands. He spoke socialistically of the advisability of an equal division; failing to make any impression here he mentioned the subject of a loan--at first hopefully, but finally despairingly.

When he was done Peep O'Day, in a perfectly colourless and unsympathetic voice, bade him good-by--not good night but good-by! And, going inside the house, he closed the door behind him, leaving his newly returned relative outside and quite alone.

At this the young man uttered violent language; but, since there was n.o.body present to hear him, it is likely he found small satisfaction in his profanity, rich though it may have been in metaphor and variety. So presently he betook himself off, going straight to the office in Legal Row of H. B. Sublette, attorney at law.

From the circ.u.mstance that he found Mr. Sublette in, though it was long past that gentleman's office hours, and, moreover, found Mr. Sublette waiting in an expectant and attentive att.i.tude, it might have been adduced by one skilled in the trick of putting two and two together that the pair of them had reached a prior understanding sometime during the day; and that the visit of the young man to the Gafford home and his speeches there had all been parts of a scheme planned out at a prior conference.

Be this as it may, as soon as Mr. Sublette had heard his caller's version of the meeting upon the porch he lost no time in taking certain legal steps. That very night, on behalf of his client, denominated in the doc.u.ments as Percival Dwyer, Esquire, he prepared a pet.i.tion addressed to the circuit judge of the district, setting forth that, inasmuch as Paul Felix O'Day had by divers acts shown himself to be of unsound mind, now, therefore, came his nephew and next of kin praying that a committee or curator be appointed to take over the estate of the said Paul Felix O'Day, and administer the same in accordance with the orders of the court until such time as the said Paul Felix O'Day should recover his reason, or should pa.s.s from this life, and so forth and so on; not to mention whereases in great number and aforesaids abounding throughout the text in the utmost profusion.

On the following morning the papers were filed with Circuit Clerk Milam.

That vigilant barrister, Mr. Sublette, brought them in person to the courthouse before nine o'clock, he having the interests of his client at heart and perhaps also visions of a large contingent fee in his mind. No retainer had been paid. The state of Mr. Dwyer's finances--or, rather, the absence of any finances--had precluded the performance of that customary detail; but to Mr. Sublette's experienced mind the prospects of future increment seemed large.

Accordingly he was all for prompt action. Formally he said he wished to go on record as demanding for his princ.i.p.al a speedy hearing of the issue, with a view to preventing the defendant named in the pleadings from dissipating any more of the estate lately bequeathed to him and now fully in his possession--or words to that effect.

Mr. Milam felt justified in getting into communication with Judge Priest over the long-distance phone; and the Judge, cutting short his vacation and leaving uncaught vast numbers of ba.s.s and perch in Reelfoot Lake, came home, arriving late that night.

Next morning, having issued divers orders in connection with the impending litigation, he sent a messenger to find Peep O'Day and to direct O'Day to come to the courthouse for a personal interview.

Shortly thereafter a scene that had occurred some two months earlier, with His Honour's private chamber for a setting, was substantially duplicated: There was the same cast of two, the same stage properties, the same atmosphere of untidy tidiness. And, as before, the dialogue was in Judge Priest's hands. He led and his fellow character followed his leads.

"Peep," he was saying, "you understand, don't you, that this here fragrant nephew of yours that's turned up from nowheres in particular is fixin' to git ready to try to prove that you are feeble-minded? And, on top of that, that he's goin' to ask that a committee be app'inted fur you--in other words, that somebody or other shall be named by the court, meanin' me, to take charge of your property and control the spendin' of it frum now on?"

"Yes, suh," stated O'Day. "Pete Gafford he set down with me and made hit all clear to me, yestiddy evenin', after they'd done served the papers on me."

"All right, then. Now I'm goin' to fix the hearin' fur to-morrow mornin'

at ten. The other side is askin' fur a quick decision; and I rather figger they're ent.i.tled to it. Is that agreeable to you?"

"Whutever you say, Judge."

"Well, have you retained a lawyer to represent your interests in court?