n which he had been
writing, and taking off his glasses, "we will take up the two petitions
for guardianship of Joseph Pelham."

Captain Pelham and the lawyer whom he had employed took seats at a small
table before the judge; James Parsons timidly took a seat at another.
His petition had been filled out for him by one of his neighbors: he had
no counsel.

Captain Pelham's lawyer rose; he had been impressed by the Captain with
the importance of the matter, and he was about to make a formal opening.
But the judge interrupted him. "I think," he said, "that we may assume
that I know in a general way about these two petitioners. I shall
assume, unless something is shown to the contrary, that they are both
men of respectable character, and have proper homes for a boy to grow up
in. And I suppose there is no controversy that Captain Pelham is a man
of some considerable means, and that the other petitioner is a man of
small property.

"Now," he went on, leaning forward with his elbow on his desk, and
gently waving his glasses with his right hand, "did the father of this
boy ever express any wish as to what should be done with him in case his
mother should die?" Nobody answered. "It would be of no legal effect,"
he said, "but it would have weight with me. Now, is there any evidence
as to what his mother wanted? A boy's mother can tell best about these
things, if she is a sensible woman. Mr. Baker," he said to Captain
Pelham's lawyer, "have you any evidence as to what his mother wanted to
have done with him?"

Mr. Baker conversed for a moment with Captain Pelham and then called him
to the stand.

Captain Pelham testified as to his frequent visits to the boy's mother,
and to her unbroken friendly relations with him. She had never said in
so many words what she wanted to have done for the boy, but he always
understood that she meant to have the child come to him; he could not
say, however, that she had said anything expressly to that effect.

James sat before him not many feet away, in his old-fashioned broadcloth
coat with a velvet collar. He cross-examined Captain Pelham a little.

"She did n't never tell you," he said, "that she was going to give you
the boy, did she?"

"No, sir;" said Captain Pelham.

"How often did your wife come over to see her?"

"I could n't tell you, sir," said the Captain.

"Not very often, did she?"

"I think not," the Captain admitted.

"The boy's mother did n't never talk much about Mi