THE JUDGES SECRET.

Fair Play, Volume I, Issue 11, 13 January 1894, Page 20

THE JUDGES SECRET.

By ALFRED BALCH.

[Copyright by American Press Association.] CHAPTER L

When Mr. Abner K. Gardiner, chairman of the Democratic county committee, prosperous so far as his real estate business was concerned, portly of person, shrewd of eye and merry withal, came down the. stairs that Monday morning, two weeks and a half before the election, he was probably as contented a man as could be found in the old Bay state. And why should he not have been? Mr. Gardiner was one of the keenest politicians in the land, loving the game for the power it gave and the delight of matching himself against the long headed policy of his opponents, but caring nothing whatever for office. A story told of him will illustrate his character better than columns of description. When Mr. Charles T. Kerr, the chairman of the Republican county committee, found himself embarrassed in his lumber business after the great flood in 'Bl the first man to come to his assistance was Mr. Gardiner. The reason this gentleman gave was characteristic. “Politics in this county would lose all their snap if Charlie Kerr went up,” he said, and drew the check. Now be it observed that this same Charlie Kerr had just elected his ticket, and Mr. Gardiner saw no really good reason why he should not repeat his success the next time, but then Mr. Gardiner loved a “foeman worthy of his steel” with an enduring love. J Honestly anxious as many politicians really are that good men and true should be elected; to to serve and rule the popple, Mr. Gardiner prided himself more- on the nomination for county judge of William Truesdale Jackson- on the Demooratio ticket tban on all , the

other men before the people. It had literally cost him years of work and ! thought to persuade Mr. Jackson to allow his name to be used, and when he at last succeeded he felt that he had added a tower of strength to his side. For of all men in that section none stood higher than “the ’squire,” as they called him in kindly country fashion. A sound lawyer, a just and conscientious man, a good citizen, a wise counselor, he was one whom all respected and not a few loved.

A somewhat stern and grave man, his massive face crowned with a forehead like a dome, he looked the ideal judge. Possessed of a ponderous kind of eloquence, with an extraordinary power of making the most intricate case clear to the minds of judge and jury, his practice was naturally large 1 and lucrative. In fact the salary of the position which he sought was far less than that which he earned by his work. It was the tribute he had honestly earned by his life that no man, even among his opponents, suggested that the ’squire wished the position for personal advantage. If you will picture to yourself a somewhat tall man dressed in black, a smoothly shaven face, hair rather thin and grizzled' with deep thought, keen yet kindly eyes, which seemed to look through you, a slight stoop of the shoulders, a deep, melodious voice, you will see the ’squire before you. As Mr. Gardiner entered the pleasant dining room of his home, and greeted the noisy girls and boys who sprang forward to kiss him good morning, his eye caught sight of a note lying on his plate. Recognizing the handwriting of the ’squire he opened it, and as he read an expression of extreme perplexity spread over his face. Dropping the note he eagerly seized the morning paper, and hurriedly looked through it until he found an item which, when he had read, he walked slowly toward the bow window of the room, whistling softly to himself the first few bars of an old hymn tune. Men used to say that you could always tell that Abner Gardiner was puzzled when you heard that air. Picking up the note once more he read it, and whistled again. “What is it, Abner?” asked Mrs. Gardiner. •

“Nothing much; the squire wants to see me,” answered her husband absently, and Mrs. Gardiner knew him too well to ask any more questions. In order that you may see what it was that puzzled Mr. Gardiner so much, I will reprint the note:

Springfield, Mass., Oct 24 Homer K. Gardiner, Esq.: Dear Sm—An item in The Republican of this morning has attracted my attention. Ton will find it in the fourth column of the first page under the headline, “Can This Be True?” I ■ should be glad to confer with you before I answer It Yours faithfully,- Wamu T. Jackson. The item in question was short and read asfollows: CAN THIS BE TRUE? ’ .A correspondent has sent the following note to us, aud it seems to call for a reply :Jachafln'^^w^li^Sthhu>\aayi.litfohxiatton^oa^

tne subject we cannot answer the query, but we hope, for the sake of a man whe is generally respected, it is not true. To the Editor of The Republican: Sib—Can you tell me whether- the William Truesda’e Jackson who has been nominated by the Democrats for the responsible position of court’- is the same William Trues'*-*-Jackson who deserted from the Second Massachusetts infantry the night before the battle of Gettysburg, and was condemned by a court martial to suffer the penalty of desertion in the face of the enemy? If he is there are old soldiers enough hereabout to snow him under on election

day. Yours, A Republican. Mr. Gardiner finished his breakfast with a light heart and made his way down to Mr. Jackson’s house. He never doubted for a second the ’squire had pre-’ pared a positive denial of the story, and he found himself wondering with a vague curiosity who the deserter could be. Entering Mr. Jackson’s house he found that gentleman in his library. After greeting each other Mr. Jackson picked up a half .sheet of note paper and handed it to his friend. On it Mr. Gardiner read: To the Editor of The Republican: Sir— ln answer to tbe query contained in your columns this morning permit me to inform you that I am the William Truesdale Jackson who deserted, not the night before but two nights before, the battle of Gettysburg from tbe Second Massachusetts infantry, and who was subsequently condemned to the penalty of the military crime. My reasons for that act were and are personal to myself. I have only to add that although I was then much younger than I am now and with much less experience than I now have, I would, were I placed in the same position today, again desert before night had fallen. I remain, sir, your obedient servant, William T. Jackson.

Mr. jGardiner looked up, his mouth Bhaping itself for the hymn tune, and as he looked a faint wave of color fora moment rose to the ’squire’s cheek. “You are not going to send* this, I hope,” said Mr. Gardiner. “Most certainly I am. If my fellow citizens choose to honor me with their suffrages, they shall do so with no false pretenses on my part.” “But, my dear ’squire’ 1 . “The thing is true; why should I deny it?”

“There is no use of a denial. Let it alone, say nothing, and there is not a man in the county who will believe it.” Mr. Johnson smiled somewhat sadly. “My friend,” he said, “a suppressio veri will not help me in this matter. It is better to tell the truth; better, because it is right, and better policy as well.. It is easy to identify me with the deserter —in fact, I have no doubt this has been / done already. But even were it. not, were that paragraph the last, of it, n«w the question has been raised I could dot consent to be silent.” “But the ticketl” broke in the unhappy chairman. “I think it would be better that I -resign.” “Not for a moment. That would -be absolutely fatal. But ’squire, if you must acknowledge it, why not tell ; your reasons for leaving the service?. I’m sure they were good ones. Then. it,, would be all right. But; that note is* so £ curt; it flaunts your desertion in the face of men as though you weire proud of it;s| ; it faixiy defies cdl.pubKo opinion.”

“I am proud of it, sir, and I thank my God that he permitted me to desert,” broke in the lawyer in his deepest tone, through which there rang an accent of strong emotion. “But neither to you nor any other man living will I tell why I deserted. It must suffice you that I did, and have never regretted it. Understand me, Mr. Gardiner,” and as he spoke the faint color once more showed itself, “I know as well as you the disgrace which attaches to the name of a man who deserts on the eve of a great battle. I know he is called a coward and a poltroon. lamof no sterner stuff than other men, and it has required all the trust I have in One who is wiser than i to make it clear to me that the burden was laid on me for some good purpose. “I have thought that perhaps some other way might have been found and I have been spared, but it was not to be. I do not regret the act, but I mourn over the necessity for it. My name as a man is as dear to me as yours to you. I make no vain boast, Mr. Gardiner, when I say to you that if my life would benefit my country I would give it gladly. Yet I stand before men as one who fled at a supreme moment of that country’s peril. This is not easy for me, for I am a proud man, sir, and I am not a coward; but I console myself as best I may by the consciousness that there is One who knows better than men, and that he in his wisdom has afflicted me. But, sir, while this is hard enough, it would be far worse were I to descend to falsehood, for then I should be ashamed in mine own eyes.”

Mr. Gardiner’s eyes were moist as he grasped the lawyer’s hand and stammered out an apology for his mistaken though well meant advice. He offered to carry the note to the office of The Republican himself, and the ’squire, visibly gratified by this, acquiesced gladly. To say that Mr. Jackson’s answer to The Republican created a storm of talk is to put things in the mildest way. The orators opposed to the Democratic ticket made the most of the weapon which had been given into their hands. Able editorials filled the Republican papers, and the machinery of the Grand Army was used to increase the excitement. While enemies taunted the. deserter friends implored Mr. Jackson to spieak, but to no purpose. Entreaties and abuse seemed to pass him by with equal lack of effect. When he appeared at public meetings—for as soon as the county committee had decided he should not withdraw the squire showed he was not afraid to face any music going—there was at first a disposition to hiss on the part of some who were there. This, however, was speedily put. down by the majority. It was impossible for these people, among whom he had lived true and blameless for many years, to toltitate open disrespect when shown to him, and once the man got a 'hearing there was little danger of his audience thinking-of aught save his spoken thoughts. Mr. Gardiner, shrewd as usual, and

since that talk with the squire respecting him as he never had before, was the first to see the tide had turned, and seeing rejoiced greatly. It became apparent as the days went on, and the first shock wore off, that the impassioned appeals and able denunciations were rapidly losing their effect. Three days before the election a speaker who began a diatribe against “the coward” and “traitor” was fairly hissed into silence. Men said to each other that while desertion was a mighty bad thing, no doubt, the squire said it was right for him to desert, and likely as not he knew. Others thought the man could never have deserted because he was afraid or disloyal; it was not in him. Once the reaction set in it grew as rapidly as the feeling at first, and when the results of the election were declared there were many who felt no surprise.

For it was Judge William Truesdale Jackson now, and his majority was larger than that of any candidate on either side. Whereat Mr. Abner K. Gardiner smiled and chuckled, and smiled again.

CHAPTER IL

In the month of May, 1841, a woman lay dying in the little cottage which used to stand on the old “main road” just outside the then limits of -the town of Lynn. Kneeling by her bedside was a boy of about ten years, and on his head the wasted hand of his mother .rested, the fingers twining gently through his hair. She was speaking—this mother who was passing away—and the boy drank in every word. She told him in feeble and broken sentences his little sister had no one but him to look to for protection, and she asked him to promise that so long as he should live that protection would be given. Satisfied by the unspoken pledge in his eyes as he looked at her, for she knew what he was, she spoke of the comfort he had been to her since his father’s death; of that father who had been taken away so suddenly, and of her own joy at the prospect of seeing her husband once more. .Her sorrow. to" at leaving her children dwelt

in her mind at times, and then he tried to soothe her by tolling her ho would be brave and true. And so with a prayer for them on her lips she became silent, and the boy know wheu he once more looked at her that the ears that had never been deaf to him wore deaf now.

The two children—Willie, aged ten; and May, aged uot quite half a year—were not left penniless. Their father. Dr. William Jackson, had accumulated; a little money, and their mother had owned property when she married. Their only living relation, a brother of Mrs. Jackson, lived in Now York, and he at once asked them to come and livo with him. For livo years Willie went to the New York schools and May grew up into as charming a little girl us one could find. Then Mr. Truesdale died, leaving his money to his > nephew and niece, and Willie made up his mind they would move back to Lynn. Hero they lived in the house of their guardian, Judge Blade, and Willie iu due time went to Harvard, and, winning his degree in arts, passed into the law school. He was singularly old for his ago. Even as a boy ho was grave, self contained and generally silent, and he cared little for the amusements which filled the time of his fellows. Ho was exceedingly fond of reading, and fairly, devoured all the books bo could find. Studyingliard, lio stood woll up in his classes at all times, but it was not until he got into tlxo law school that ho'really showed the stuff in him. To the mind of Mr. Jackson—it was curious how soon the use of his first name was dropped by his friends—the law assimilated as its natural food. Tho dryest of dry treatises possessed an intorest for him that nothing else had. Ho used to astonish his guardian by reading tho code for pleasure. For Judge Black was ono of those easy going men who drift forward in life’s race rather than push, doing their work respectably, and living in n thoroughly respectable way. However, the judge knew a man when he saw one, and he was only too glad to offer his ward a partnership us soon as he had passed the bar. It was not long before the new firm of Black & Jackson began to attract attention in the courts. The senior partner was without a particle of jealousy, and was only too glad to give the credit for the manner in which their cases were presented to his earnest, laborious and painstaking junior. After a year or two men said, with a shake of the head, Lynn could not keep the “young judge,” as they called him; that; in the natural course of events he wonld go to Boston and seek a wider field for his abilities. ' ( T concluded.