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Mliss

an idyl of Red Mountain ; a story of California in 1863
  
  
  

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CHAPTER XXIX. CHANCE
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Page 84

29. CHAPTER XXIX.
CHANCE

We have seen what pat ent investigation could
do to unravel the mystery which surrounded the
parentage of our heroine. Let us now follow the
operations of that unknown element of human
action, which may be Cause or Effect and which
men call Chance.

One day a Chinese laundryman called at the
office of a daily paper, and made known a dosire
to purchase a hundred old papers. As he wanted
them to use as wrapping paper, it made no difference
about dates. One date was the same to this
Chinese intelligence as another.

A boy was directed to select the required number
from packages which had been laid away to
be thus disposed of.

Now Chance directed the boy to supply the
Chinamen with papers of a certain date of
which there happened, by some chance, to be a
surplus.

The Chinaman carried these papers to his
laundry and laid them on a shelf. When a package
of clothes was sent to a customer, one paper
was taken from the shelf and wrapped around it.

One day a package of clothes, wrapped in one of the
papers was sent to the house of a woman who kept a
bar in a building situated in an alley leading off Broadway
street.

The bar, known by the suggestive but often deceptive
name of “The Sailor's Home,” was the resort of sailors,
soldiers, wharf-rats and also patronized by countrymen
desirous of seeing a little city life on an economical
scale of expenditure.

The woman who owned the “Sallor's Home” had the
reputation of being an honest woman, with an eye to
business. She was reputed to be content with the
legitimate profits of her business, never countenanced
violence, robbery, murder, or other varieties of crime
for which her neighborhood was somewhat famous.

It chanced that this particular package arrived a
the woman's apartment at an hour when business was
slack. On that day there was no business at all. The
woman was alone. She had nothing to do. Chance
prompted her to take the newspaper wrapped around
the clothes in her hand.

“Mother Nell,” as the woman was called, was not
much given to reading of any description. Reading
was rather a task than a pleasure. Occasionally, when
there had been a crime committed in her neighborhood,
involving persons she knew, she would spell out
the details in a daily paper, but her interest in current
news went no farther. Her world was small and
she did not concern herself about any other world.

But on this day, having a little time to kill and not
knowing exactly how to kill it, she put her spectacles
on her nose, and through them surveyed the columns
of the paper.

The various items did not much interest her. The
editorials she did not read. If murders were committed,
she knew neither murderers nor their victims. The
affairs were therefore wanting in that element of personal
interest which adds so much zest to the newspaper
items.

“Mother Nell” laid down the paper two or three
times, but as she had nothing else to do, she picked it
up as often. At last Chance directed her eye through
her spectacles to the following paragraph:

“The case of the People vs. Mrs. Smith was called yesterday
in the County Court. The petitioners ask that the Court
appoint a guardain for the person of Melissa Smith a girl
twelve years of age, who has for some months been residing
in this city with a woman known as Mrs. Smith, supposed to
be Melissa Smith's mother. The petitioners claim that the
woman Smith is not the child's mother, nor the widow, as
she claims to be, of the late J. Smith, who committed suicide
at Red Mountain some years ago. The estate of Smith is
aid to be valued at sixty thousand dollars. Being sworn,
Mrs. Smith failed to give a satisfactory account of her management
of the estate and the Court appointed John Gray, of
the law firm of Shaw & Co., temporary guardian of Melissa
Smith, and enjoined Mrs. Smith from any father action in
the disposal of the estate until her right as widow is determined.”


Half an hour of Mother Nell's leisure was occupied
it spelling out the paragraph. Then she sat for some
minutes with her chin resting on her hands, her elbows
on her knees. Then she read the paragraph a
second time very carefully. Then she folded it and
put it away. Then she sat down again in her favorite
attitude, and for a full hour was absorbed in thought.

Blind Chance had done its work. The result was
left to more or less intelligent human action.

In the afternoon the “Sailor's Home” was closed
against sailors, soldiers and landsmen. Mother Nell,
herself, in respectable attire, wended her way to more
respectable localities. Enlightened by numerous inquiries,
she finally arrived at the place of her destination—the
office of Shaw & Co.

Tim, for once on his feet and in the ordinary attitude
of an office-boy, presented himself to answer her
inquiries. She wanted to see Mr. Gray and was shown
into that gentleman's office.

Mr. Gray received her with his usual politeness. At
the first glance he saw only an ordinary applicant for
legalservices. Time had done its work, and perhaps
an irregular life had assisted time to do more than it
would have done under other circumstances.

The woman unfolded the paper which Chance had
put in her hand that morning, and pointed out the
paragraph which had arrested her attention.

The lawyer scrutinzed the woman narrowly. A little
bloated with drink, features coarser, hair thinner
and grave, he still detected a resemblance to the picture
Mliss had shown him two days before.

His lawyer's habits stilled the tumult in his mind.
It was not for him to make out a case for her. She
must tell her own story if she had a story to tell.

He placed the woman in a chair, closed and locked
the office-door and seated himself before her.

“Does this paragraph interest you, madam?” he
asked.

“Kinder think it does.”

“What is your name?”

“My name used to be Smith.”

“Was Smith your maiden name?”

“Smith was my married name.”


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Page 85

“When were you married?”

“In Stockton, in 1852.”

“What month?”

“Don't remember.”

“Do you still live with your husband?”

“Husband's dead.”

“Do you know when he died?”

“Not exactly. Two or three years ago.”

“Were you living with him at the time of his
death?”

“No; only lived with him eighteen months.”

“Did you have a child while you lived with your
husband?”

“Had one—a girl.”

“Have you reason to believe that the Melissa Smith
mentioned in that paragraph is your daughter?”

“Know she is.”

“Do you know that there is another woman claiming
to be her mother?”

“Know who she is.”

“Who is she?”

“A play actress that married my husband's brother.”

“Is your husband's brother still living?”

“Was, two years ago.”

“Do you know where?”

“Prospect n' somewhere in Idaho.”

“Did you see him two years ago?”

“Yes, always comes to see me.”

“What is your present occupation?”

“Keep a bar.”

“On what street?”

“Isn't a street. Bummer's Alley.

The lawyer felt his hair rise on end as he thought
of the visions of Mliss—the narrow alley and the rows
of bottles.

“Madam,” said he, “you came just in time. The
other Mrs. Smith's right to a widow's interest in your
late husband's estate will be decided in three days.”

“Going to court?”

“Yes.”

“Won't go to court. It's nothing to me. Thought
I come and see you.”

“But, madam, if you can prove what you state to
me, you are entitled to thirty thousand dollars.”

“Don't want no money. Got enough of my own.”

“Why then do you follow your present business.”

“'Cause I've got used to it. The boys all comes to
see me, and they expects to see me. Wouldn't know
what to do if I hadn't the bar.”

“You have some interest, perhaps, in the fate of
your daughter?”

“Don't know as I have. Had a rough old time with
Smith, and the first chance I had I ran off and left
him. Don't want any of his money.”

“Have you any objection to going to court.”

“Won't go to court. You see, Mr. Lawyer, I got
into a difficulty once, in the mines, and had to shoot a
man. Got off and the thing blowed over. Took another
name and came to San Francisco. Them as
knows it don't care to hurt me, but if I should go to
court there's no to ling.”

“Do you want to see your daughter?”

“No. If she is a good girl, I shouldn't be any credit
to her. Let her have the money and make her a lady.
I'm not a bad woman, but the business ain't respectable.
Better keep me out of sight.”

Told moreat length, Mother Nell's story was substantially
this: Two brothers, named respectively
James Smith and John Smith, married in Stockton the
same year. The brothers were not partners, and each
went his way. Their wives never met, though each
knew of the other. After Mother Nell left her husband—for
which step she gave no reason except that
her life was hard and dull—she formed other associations
and thought no more of either husband or
child. When her brother-in-law lost his wife, he became
reckless and dissipated. Occasionally, Mother
Nell met him, and through him learned that her husband
lived at Red Mountain with his daughter, and
that he had occasional streaks of luck. Through him
she had heard of her husband's death, but did not know
that he died rich. James, the brother, led a roving
life. Twice he had been reported dead, but had made
narrow escapes each time. The last time Mother Nell
saw him, he was intending to go to Idaho. She supposed
he went. Never wrote, but dropped in on her
after an absence of years as if he had been gone a day.

On the question of going to court the woman was
firm. Nothing should induce her to open her mouth,
and if taken there by force, she would deny all she had
told him. She had no interest in the matter. Her
present life suited her, and she wouldn't know what to
do with the money if she had it. She wasn't going to
risk being put in prison to stand trial for killing a man,
for something she did not want.

The discovery of this woman was, however, a step
in advance. The mist was cleared away. James Smith
must be found at whatever cost.

But the case was to come up in three days. He had
no new evidence to offer. It was sure to go against
him. Then Mliss would be legally in the care of Mrs.
John Smith. Mrs. John Smith was capable of murder
or any other crime to get the child out of the way.

The only chance was a motion for postponement.
The motion would be opposed, but the Judge was
friendly and he could safely make affidavit that important
witnesses were absent, and that having used due
diligence he had not yet been able to secure their attendance.

When the day came the other party were ready with
their witnesses. Mrs. John Smith was in court seated
near her counsel. Mr. Gray moved a postponement.
The Judge looked surprised. Mrs. John Smith looked
surprised. Mr. Hopp looked surprised. The spectators
looked disappointed. They had come to see the
performance. The Judge courteously asked on what
grounds. Absent witnesses. Answer was too general.
An injustice might be done to the defendant in
keeping her out of the enjoyment of rights which
might be legally hers. Counsel must specify what
witnesses were absent and what he expected to prove.

The counsel made answer as directed. The absent
witness was Mr. James Smith. He expected to prove
that it was Mr. James Smith whom defendant had
married. Mr. John Smith was the father of the ward
of the court.

The reply had the effect of a bombshell dropped in
amp. Mr. Hopp cast a furious glance at his fair client.
Fair client turned deadly pale. The Judge fixed


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Page 86
his eye upon her for a moment and granted the motion.
The case was postponed until the next term of
court.