XV DOROTHY’S CHOICE

THE judge himself was not so stately or so imposing of presence as was Aunt Polly, when she and Dorothy entered the court, escorted by Col. Majors. Dorothy was entirely self possessed, as it was her custom to be under all circumstances. “When people feel embarrassed,” she once said, “it must be because they know something about themselves that they are afraid other people will find out.” As Dorothy knew nothing of that kind about herself, she had no foolish trepidation, even in the solemn presence of a court.

The judge ordered her case called, and speaking very gently explained to her what was wanted.

“You are a young girl under the age at which the law supposes you to be capable of managing your own affairs. The law makes it the duty of this Court to guard you and your estate against every danger. By his will your father wisely placed your person in charge of an eminently fit and proper lady, whose character and virtues this Court and the entire community in which we live, hold in the highest esteem and honour.” At this point the judge profoundly bowed to Aunt Polly, and she acknowledged the courtesy with stately grace. The judge then continued:

“By his will your father also placed the estate which he left to you, in charge of the late Mr. Robert Brent, a gentleman in every possible way worthy of the trust. Thus far, therefore, this Court has had no occasion to take action of any kind in your behalf or for your protection. Unhappily, however, your guardian, the late Robert Brent, has passed away, and it becomes now the duty of this Court to appoint some fit person in his stead as guardian of your estate. The Court has full authority in the matter. It may appoint whomsoever it chooses for this position of high responsibility. But it is the immemorial custom of the Court in cases where the ward in chancery has passed his or her sixteenth year—an age which you have attained—to permit the ward to make choice of a guardian for himself or herself, as the case may be. If the ward is badly advised, and selects a person whom the Court deems for any reason unfit, the Court declines to make the appointment asked, and itself selects some other. But if the person selected by the ward is deemed fit, the Court is pleased to confirm the choice. It is now my duty to ask you, Miss Dorothy, what person you prefer to have for guardian of your estate.”

“May I really choose for myself?” asked the girl in a clear and perfectly calm voice, to the astonishment of everybody.

“Certainly, Miss Dorothy. Whom do you choose?”

“Did my father say in his will that I must choose some particular person?” she continued, interrogating the Court as placidly as she might have put questions to Aunt Polly.

“No, my dear young lady. Your father’s will lays no injunction whatever upon you respecting this matter.”

“Then, if you please, I choose Dr. Arthur Brent for my guardian. May we go now?”

No attention was given to the naive question with which the girl asked permission to withdraw. Her choice of guardian was a complete surprise. There was astonishment on every face except that of the judge, who officially preserved an expression of perfect self-possession. Even Aunt Polly was astounded, and she showed it. It had been understood by everybody that Madison Peyton was to succeed to Dorothy’s guardianship, and the submission of the choice to her had been regarded as a matter of mere form. Even to Aunt Polly the girl had given no slightest intimation of her purpose to defeat the prearranged program, and so Aunt Polly shared the general surprise. But Aunt Polly was distinctly pleased with the substitution as soon at least as she had given it a moment’s thought. She had come to like Arthur Brent even more in his robust manhood than she had done during his boyish sojourn at Wyanoke. She had learned also to respect his judgment, and she saw clearly, now that it was suggested, that he was obviously the best person possible to assume the office of guardian. She was pleased, too, with Madison Peyton’s discomfiture. “He needed to have his comb cut,” she reflected in homely metaphor. “It may teach him better manners.”

As for Peyton, who was present in Court, having come for the purpose of accepting the guardianship, his rage exceeded even his astonishment. He had in his youth gone through what was then the easy process of securing admission to the bar, and so, although he had never pretended to practise law, he was entitled to address the Court as an attorney. He had never done so before, but on this occasion he rose, almost choking for utterance and plunged at once into a passionate protest, in which the judge, who was calm, presently checked him, saying:

“Your utterance seems to the Court to be uncalled for, while its manner is distinctly such as the Court must disapprove. The person named by the ward as her choice for the guardianship, bears a high reputation for integrity, intelligence and character. Unless it can be shown to the Court that this reputation is undeserved, the ward’s choice will be confirmed. At present the Court is aware of nothing whatever in Dr. Brent’s character, circumstances or position that can cast doubt upon his fitness. If you have any information that should change the Court’s estimate of his character you will be heard.”

“He is unfit in every way,” responded the almost raving man. “He has deliberately undermined my fatherly influence over the girl. He has taken a mean advantage of me. He has overpersuaded the girl to set aside an arrangement made for her good and—”

“Oh, no, Mr. Peyton,” broke in Dorothy, utterly heedless of court formalities, “he has done nothing of the kind. He knows nothing about this. I don’t think he will even like it.”

“Pardon me, Miss Dorothy,” interrupted the judge. “Please address the Court—me—and not Mr. Peyton. Tell me, have you made your choice of your own free will?”

“Why, certainly, Judge, else I wouldn’t have made it.”

“Has anybody said anything to you on the subject?”

“No, sir. Nobody has ever mentioned the matter to me except Col. Majors, and he told me I was to choose Mr. Peyton, but you told me I could choose for myself, you know. I suppose Col. Majors didn’t know you’d let me do that.”

A little laugh went up in the bar, and even the judge smiled. Presently he said:

“The Court knows of no reason why it should not confirm the choice made by the ward. Accordingly it is ordered that Dr. Arthur Brent of Wyanoke be appointed guardian of the property and estate of Dorothy South, with full authority, subject only to such instructions as this Court may from time to time see fit to give for his guidance. Mr. Clerk, make the proper record, and call the next case. This proceeding is at an end. You are at liberty now to withdraw, Miss Dorothy, you and Miss Polly.”

Aunt Polly rose and bowed her acknowledgments in silence. Dorothy bowed with equal grace, but added: “Thank you, Judge. I am anxious to get back to my sick people. So I will bid you good morning. You have been extremely nice to me.”

With that she bowed again and swept out of the court room, quite unconscious of the fact that even by her courteous adieu she had offended against all the traditions of etiquette in a court of Justice. The judge bowed and smiled, and every lawyer at the bar instinctively arose, turned his face respectfully toward the withdrawing pair, and remained standing till they had passed through the outer door, Col. Majors escorting them.