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By Advice of Counsel

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No, he had a good excuse for not being a gentleman and a sportsman and he did not purpose to look for any reasons for doing differently. Then unexpectedly he was invited to dinner by Mr. Ephraim Tutt in a funny old ramshackle house on West Twenty-third Street with ornamented iron piazza railings all covered with the withered stalks of long dead wistarias, and something happened to him. "Payson Clifford's Twenty-five Thousand Dollar Dinner." He had no suspicion, of course, what was coming to him when he went there,—went, merely because Mr. Tutt was one of the very few friends of his father that he knew. And he held towards the old lawyer rather the same sort of patronizing attitude that he had had towards the old man. It would be a rotten dinner probably followed by a deadly dull evening with a snuffy old fossil who would tell him long-winded, rambling anecdotes of what New York had been like when there were wild goats in Central Park.

The snuffy old fossil, however, made no reference whatever to either old New York or wild goats,—the nearest he came to it being wild oats. Instead he began the dreary evening by opening a cupboard on his library wall and disclosing three long bottles, from which he partially filled a shining silver receptacle containing cracked ice. This he shook with astonishing skill and vigor, meantime uttering loud outcries of "Miranda! Fetch up the mint!" Then a buxom colored lady in calico—with a grin like that which made Aunt Sallie famous—having appeared, panting, with two large glasses and a bundle of green herbage upon a silver salver, the old fossil poured out a seething decoction—of which like only the memory remains—performed an incantation over each glass with the odoriferous greens, smiled fondly upon the work of his hands and remarked with amiable hospitality, "Well, my son! Glad to see you!—Here's how!"

Almost immediately a benign animal magnetism pervaded the bosom of Payson Clifford, and from his bosom reached out through his arteries and veins, his arterioles and venioles, to the uttermost ends of his being. He perceived in an instant that Mr. Tutt was no ordinary man and his house no ordinary house; and this impression was intensified when, seated at his host's shining mahogany table with its heavy cut glass and queer old silver, he discovered that Miranda was no ordinary cook. He began to be inflated over having discovered this Mr. Tutt, who pressed succulent oysters and terrapin stew upon him, accompanied by a foaming bottle of Krug '98. He found himself possessed of an astounding appetite and a prodigious thirst. The gas lights in the old bronze chandelier shone like a galaxy of radiant suns above his head and warmed him through and through. And after the terrapin Miranda brought in a smoking wild turkey with two quail roasted inside of it, and served with currant jelly, rice cakes, and sweet potatoes fried in melted sugar. Then, as in a dream, he heard a soul-satisfying pop and Miranda placed a tall, amber glass at his wrist and filled it with the creaming redrose wine of ancient Burgundy. He heard himself telling Mr. Tutt all about himself,—the most intimate secrets of his heart,—and saw Mr. Tutt listening attentively, almost reverently. He perceived that he was making an astonishing impression upon Mr. Tutt who obviously thought him a great man; and after keeping him in reasonable doubt about it for awhile he modestly admitted to Mr. Tutt that this was so. Then he drank several more glasses of Burgundy and ate an enormous pile of waffles covered with maple syrup. "I'se in town, honey!" Mr. Tutt had grown several sizes larger—the whole room was full of him. Lastly he had black coffee and some port. It was an occasion, he asserted,—er—always goo' weather,—or somethin'—when goo' fellows got together! He declared with an emphasis which was quite unnecessary, but which, however, did not disturb him, that there were too few men like themselves in the world,—men with the advantage of education,—men of ideals. He told Mr. Tutt that he loved him. He no longer had a father, and, evidently relying on further similar entertainments, he wanted Mr. Tutt for one. Mr. Tutt generously assented to act in that capacity and as the first step assisted his guest upstairs to the library where he opened the window a few inches.

Presently, Payson did not know how exactly, they got talking all about life,—and Mr. Tutt said ruminatively that after all the only things that really counted were loyalty and courage and kindness,—and that a little human sympathy extended even in what sometimes seemed at first glance the wrong direction often did more good—made more for real happiness—than the most efficient organized charity. He spoke of the loneliness of age—the inevitable loneliness of the human soul,—the thirst for daily affection. And then they drifted off to college, and Mr. Tutt inquired casually if Payson had seen much of his father, who, he took occasion to remark, had been a good type of straightforward, honest, hard-working business man.

Payson, smoking his third cigar, and taking now and then a dash of cognac, began to think better of his old dad. He really hadn't paid him quite the proper attention. He admitted it to Mr. Tutt—with the first genuine tears in his eyes since he had left Cambridge;—perhaps, if he had been more to him—. But Mr. Tutt veered off again—this time on university education; the invaluable function of the university being, he said, to preserve intact and untarnished in a materialistic age the spiritual ideals inherited from the past.

In this rather commonplace sentiment Payson agreed with him passionately. He further agreed with equal enthusiasm when his host advanced the doctrine that after all to preserve one's honor stainless was the only thing that much mattered. Absolutely! declared Payson, as he allowed Mr. Tutt to press another glass of port upon him.

Payson, in spite of the slight beading of his forehead and the blurr about the gas jets, began to feel very much the man of the world,—not a "six bottle man" perhaps, but—and he laughed complacently—a "two bottle man." If he'd lived back in the good old sporting days very likely he could have done better. But he's taken care of two full bottles, hadn't he? Mr. Tutt replied that he'd taken care of them very well indeed. And with this opening the old lawyer launched into his favorite topic,—to wit, that there were only two sorts of men in the world—gentlemen, and those who were not. What made a man a gentleman was gallantry and loyalty,—the readiness to sacrifice everything—even life—to an ideal. The hero was the chap who never counted the cost to himself. That was why people revered the saints, acclaimed the cavalier, and admired the big-hearted gambler who was ready to stake his fortune on the turn of a card. There was even, he averred, an element of spirituality in the gambler's carelessness about money.

This theory greatly interested Payson, who held strongly with it, having always had a secret, sneaking fondness for gamblers. On the strength of it he mentioned Charles James Fox—there was a true gentleman and sportsman for you! No mollycoddle—but a roaring, six bottle fellow—with a big brain and a scrupulous sense of honor. Yes, sir! Charley Fox was the right sort! He managed to intimate successfully that Charley and he were very much the same breed of pup. At this point Mr. Tutt, having carefully committed his guest to an ethical standard as far removed as possible from one based upon self-interest, opened the window a few more inches, sauntered over to the mantel, lit a fresh stogy and spread his long legs in front of the sea-coal fire like an elongated Colossus of Rhodes. He commenced his dastardly countermining of his partner's advice by complimenting Payson on being a man whose words, manner and appearance proclaimed him to the world a true sport and a regular fellow. From which flattering prologue he slid naturally into said regular fellow's prospects and aims in life. He trusted that Payson Clifford, Senior, had left a sufficient estate to enable Payson, Junior, to complete his education at Harvard?—He forgot, he confessed just what the residue amounted to. Then he turned to the fire, kicked it, knocked the ash off the end of his stogy and waited—in order to give his guest a chance to come to himself,—for Mr. Payson Clifford had suddenly turned a curious color, due to the fact that he was unexpectedly confronted with the necessity of definitely deciding then and there whether he was going to line up with the regular fellows or the second raters, the gentlemen or the cads, the C.J. Foxes or the Benedict Arnolds of mankind. He wasn't wholly the real thing, a conceited young ass, if you choose, but on the other hand he wasn't by any means a bad sort. In short, he was very much like all the rest of us. And he wasn't ready to sign the pledge just yet. He realized that he had put himself at a disadvantage, but he wasn't going to commit himself until he had had a good chance to think it all over carefully. In thirty seconds he was sober as a judge—and a sober judge at that.

"Mr. Tutt," he said in quite a different tone of voice. "I've been talking pretty big, I guess,—bigger than I really am. The fact is I've got a problem of my own that's bothering me a lot."

Mr. Tutt nodded understandingly.

"You mean Sadie Burch."

"Yes."

"Well, what's the problem? Your father wanted you to give her the money, didn't he?"

Payson hesitated. What he was about to say seemed so disingenuous, even though it had originated with Tutt & Tutt.

"How do I know really what he wanted? He may have changed his mind a dozen times since he put it with his will."

"If he had he wouldn't have left it there, would he?" asked Mr. Tutt with a smile.

"But perhaps he forgot all about it,—didn't remember that it was there," persisted the youth, still clinging desperately to the lesser Tutt. "And, if he hadn't would have torn it up."

 

"That might be equally true of the provisions of his will, might it not?" countered the lawyer.

"But," squirmed Payson, struggling to recall Tutt's arguments, previously so convincing, "he knew how a will ought to be executed and as he deliberately neglected to execute the paper in a legal fashion, isn't it fair to presume that he did not intend it to have any legal force?"

"Yes," replied Mr. Tutt with entire equanimity, "I agree with you that it is fair to assume that he did not intend it to have any legal effect."

"Well, then!" exclaimed Payson exultantly.

"But," continued the lawyer, "that does not prove that he did not intend it to have a moral effect,—and expect you to honor and respect his wishes, just as if he had whispered them to you with his dying breath."

There was something in his demeanor which, while courteous, had a touch of severity, that made Payson feel abashed. He perceived that he could not afford to let Mr. Tutt think him a cad,—when he was really a C.J. Fox. And in his mental floundering his brain came into contact with the only logical straw in the entire controversy.

"Ah!" he said with an assumption of candor. "In that case I should know positively that they were in fact my father's wishes."

"Exactly!" replied Mr. Tutt. "And you'd carry them out without a moment's hesitation."

"Of course!" yielded Payson.

"Then the whole question is whether or not this paper does express a wish of his. That problem is a real problem, and it is for you alone to solve,—and, of course, you're under the disadvantage of having a financial interest in the result, which makes it doubly hard."

"All the same," maintained the boy, "I want to be fair to myself."

"—And to him," added Mr. Tutt solemnly. "The fact that this wish is not expressed in such a way as to be legally obligatory makes it all the more binding. In a way, I suppose, that is your hard luck. You might, perhaps, fight a provision in the will. You can't fight this—or disregard it, either."

"I don't exactly see why this is any more binding than a provision in the will itself!" protested Payson.

Mr. Tutt threw his stogy into the fire and fumbled for another in the long box on the library table.

"Maybe it isn't," he conceded, "but I've always liked that specious anecdote attributed to Sheridan who paid his gambling debts and let his tailor wait. You remember it, of course? When the tailor demanded the reason for this Sheridan told him that a gambling debt was a debt of honor and a tailor's bill was not, since his fortunate adversary at the card table had only his promise to pay, whereas the tailor possessed an action for an account which he could prosecute in the courts.

"'In that case!' declared the tailor, 'I'll tear up my bill!' which he did, and Sheridan thereupon promptly paid him. Have another nip of brandy?"

"No, thank you!" answered Payson. "It's getting late and I must be going. I've—I've had a perfectly—er—ripping time!"

"You must come again soon!" said Mr. Tutt warmly, from the top of the steps outside.

As Payson reached the sidewalk he looked back somewhat shamefacedly and said:

"Do you think it makes any difference what sort of a person this Sadie Burch is?"

In the yellow light of the street lamp it seemed to the collegian as if the face of the old man bore for an instant a fleeting resemblance to that of his father.

"Not one particle!" he answered. "Good night, my boy!"

But Payson Clifford did not have a good night by any manner of means. Instead of returning to his hotel he wandered aimless and miserable along the river front. He no longer had any doubt as to his duty. Mr. Tutt had demolished Tutt in a breath,—and put the whole proposition clearly. Tutt had given, as it were, and Mr. Tutt had taken away. However, he told himself, that wasn't all there was to it; the money was his in law and no one could deprive him of it. Why not sit tight and let Mr. Tutt go to the devil? He need never see him again! And no one else would ever know! Twenty-five thousand dollars? It would take him years to earn such a staggering sum! Besides, there were two distinct sides to the question. Wasn't Tutt just as good a lawyer as Mr. Tutt? Couldn't he properly decide in favor of himself when the court was equally divided? And Tutt had said emphatically that he would be a fool to surrender the money. As Payson Clifford trudged along the shadows of the docks he became obsessed with a curious feeling that Tutt and Mr. Tutt were both there before him; Mr. Tutt—a tall, benevolent figure carrying a torch in the shape of a huge, black, blazing stogy that beckoned him onward through the darkness; and behind him Tutt—a little paunchy red devil with horns and a tail—who tweaked him by the coat and twittered, "Don't throw away twenty-five thousand dollars! The best way is to leave matters as they are and let the law settle everything. Then you take no chances!"

But in the end—along about a quarter to seven A.M.—Mr. Tutt won. Exhausted, but at peace with himself, Payson Clifford stumbled into the Harvard Club on Forty-fourth Street, ordered three fried eggs done on one side, two orders of bacon and a pot of coffee, and then wrote a letter which he dispatched by a messenger to Tutt & Tutt.

"Gentlemen," it read: "Will you kindly take immediate steps to find Miss Sarah Burch and pay over to her twenty-five thousand dollars from my father's residuary estate. I am entirely satisfied that this was his wish. I am returning to Cambridge to-day. If necessary you can communicate with me there.

"Yours very truly,

"PAYSON CLIFFORD."

One might suppose that a legatee to twenty-five thousand dollars could be readily found; but Miss Sadie Burch proved a most elusive person. No Burches grew in Hoboken—according to either the telephone or the business directory—and Mr. Tutt's repeated advertisements in the newspapers of that city elicited no response. Three months went by and it began to look as if the lady had either died or permanently absented herself—and that Payson Clifford might be able to keep his twenty-five thousand with a clear conscience. Then one day in May came a letter from a small town in the central part of New Jersey from Sadie Burch. She had, she said, only just learned entirely by accident that she was an object of interest to Messrs. Tutt & Tutt. Unfortunately, it was not convenient for her to come to New York City, but if she could be of any service to them she would be pleased, etc.

"I think I'll give the lady the once-over!" remarked Mr. Tutt, as he looked across the glittering bay to the shadowy hills of New Jersey. "It's a wonderful day, and there isn't much to do here...."

"Sadie Burch? Sadie Burch? Sure, I know her!" answered the lanky man driving the flivver tractor nearby, as he inspected the motor carrying Mr. Tutt. "She lives in the second house beyond the big elm—" and he started plowing again with a great clatter.

The road glared white in the late afternoon sun. On either side stretched miles of carefully cultivated fields, the country drowsed, the air hot, but sweet with magnolia, lilac and apple blossoms. Miss Burch had obviously determined that when she retired from the world of men she would make a thorough job of it and expose herself to no temptation to return—eight miles from the nearest railroad. Just beyond the elms they slowed up alongside a white picket fence enclosing an old-fashioned garden whence came to Mr. Tutt the busy murmur of bees. Then they came to a gate that opened upon a red-tiled, box-bordered, moss-grown walk, leading to a small white house with blue and white striped awnings. A green and gold lizard poked its head out of the hedge and eyed Mr. Tutt rather with curiosity than hostility.

"Does Miss Sadie Burch live here?" asked Mr. Tutt of the lizard.

"Yes!" answered a cheerful female voice from the veranda. "Won't you come up on the piazza?"

The voice was not the kind of voice Mr. Tutt had imagined as belonging to Sadie Burch. But neither was the lady on the piazza that kind of lady. In the shadow of the awning in a comfortable rocking chair sat a white-haired, kindly-faced woman, knitting a baby jacket. She looked up at him with a friendly smile.

"I'm Miss Burch," she said. "I suppose you're that lawyer I wrote to? Won't you come up and sit down?"

"Thanks," he replied, drawing nearer with an answering smile. "I can only stay a few moments and I've been sitting in the motor most of the day. I might as well come to the point at once. You have doubtless heard of the death of Mr. Payson Clifford, Senior?"

Miss Burch laid down the baby-jacket and her lips quivered. Then the tears welled in her faded blue eyes and she fumbled hastily in her bosom for her handkerchief.

"You must excuse me!" she said in a choked voice. "—Yes, I read about it. He was the best friend I had in the world,—except my brother John. The kindest, truest friend that ever lived!"

She looked out across the little garden and wiped her eyes again.

Mr. Tutt sat down upon the moss-covered door-step beside her.

"I always thought he was a good man," he returned quietly. "He was an old client of mine—although I didn't know him very well."

"I owe this house to him," continued Miss Burch tenderly. "If it hadn't been for Mr. Clifford I don't know what would have become of me. Now that John is dead and I'm all alone in the world this little place—with the flowers and the bees—is all I've got."

They were silent for several moments. Then Mr. Tutt said:

"No, it isn't all. Mr. Clifford left a letter with his will in which he instructed his son to pay you twenty-five thousand dollars. I'm here to give it to you."

A puzzled look came over her face, and then she smiled again and shook her head.

"That was just like him!" she remarked. "But it's all a mistake. He paid me back that money five years ago. You see he persuaded John to go into some kind of a business scheme with him and they lost all they put into it—twenty-five thousand apiece. It was all we had. It wasn't his fault, but after John died Mr. Clifford made me—simply made me—let him give the money back. He must have written the letter before that and forgotten all about it!"