Capitola The Madcap | Page 7

Emma Dorothy Eliza Nevitte Southworth
and served upon the colonel a writ of habeas corpus, commanding him to bring his ward, Clara Day, into court.
Colonel Le Noir laughed scornfully, saying:
"And do any of you imagine this will serve your purposes? Ha, ha! The most that it can do will be to delay my journey for a few hours until the decision of the judge, which will only serve to confirm my authority beyond all future possibility of questioning,"
"We will see to that," said Doctor Williams.
"Drive to the Court House!" ordered Colonel Le Noir.
And the carriage, attended by Traverse Rocke, Doctor Williams and the Sheriff's officer, each on horseback, drove thither.
And now, reader, I will not trouble you with a detailed account of this trial. Clara, clothed in deep mourning, and looking pale and terrified, was led into the court room on the arm of her guardian. She was followed closely by her friends, Traverse Rocke and Doctor Williams, each of whom whispered encouraging words to the orphan.
As the court had no pressing business on its hands, the case was immediately taken up, the will was read and attested by the attorney who had drawn it up and the witnesses who had signed it. Then the evidence of Doctor Williams and Doctor Rocke was taken concerning the last verbal instruction of the deceased. The case occupied about three hours, at the end of which the judge gave a decision in favor of Colonel Le Noir.
This judgment carried consternation to the heart of Clara and of all her friends.
Clara herself sank fainting in the arms of her old friend, the venerable Doctor Williams.
Traverse, in bitterness of spirit, approached and bent over her.
Colonel Le Noir spoke to the judge.
"I deeply thank your honor for the prompt hearing and equally prompt decision of this case, and I will beg your honor to order the Sheriff and his officers to see your judgment carried into effect, as I foresee violent opposition, and wish to prevent trouble."
"Certainly. Mr. Sheriff, you will see that Colonel Le Noir is put in possession of his ward, and protected in that right until he shall have placed her in security," said the judge.
Clara, on hearing these words, lifted her head from the old man's bosom, nerved her gentle heart, and in a clear, sweet, steady voice said:
"It is needless precaution, your honor; my friends are no law- breakers, and since the court has given me into the custody of my guardian, I do not dispute its judgment. I yield myself up to Colonel Le Noir."
"You do well, young lady," said the judge.
"I am pleased, Miss Day, to see that you understand and perform your duty; believe me, I shall do all that I can to make you happy," said Colonel Le Noir.
Clara replied by a gentle nod, and then, with a slight blush mantling her pure cheeks she advanced a step and placed herself immediately in front of the judge, saying:
"But there is a word that I would speak to your honor."
"Say on, young lady," said the judge.
And as she stood there in her deep mourning dress, with her fair hair unbound and floating softly around her pale, sweet face, every eye in that court was spellbound by her almost unearthly beauty. Before proceeding with what she was about to say, she turned upon Traverse a look that brought him immediately to her side.
"Your honor," she began, in a low, sweet, clear tone, "I owe it to Doctor Rocke here present, who has been sadly misrepresented to you, to say (what, under less serious circumstances, my girl's heart would shrink from avowing so publicly) that I am his betrothed wife- -sacredly betrothed to him by almost the last act of my dear father's life. I hold this engagement to be so holy that no earthly tribunal can break or disturb it. And while I bend to your honor's decision, and yield myself to the custody of my legal guardian for the period of my minority, I here declare to all who may be interested, that I hold my hand and heart irrevocably pledged to Doctor Rocke, and that, as his betrothed wife, I shall consider myself bound to correspond with him regularly, and to receive him as often as he shall seek my society, until my majority, when I and all that I possess will become his own. And these words I force myself to speak, your honor, both in justice to my dear lost father and his friend, Traverse Rocke, and also to myself, that hereafter no one may venture to accuse me of clandestine proceedings, or distort my actions into improprieties, or in any manner call in question the conduct of my father's daughter." And, with another gentle bow, Clara retired to the side of her old friend.
"You are likely to have a
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