"You vote yea and nay in the same breath, Mr. Kent. If I should examine your papers, I should be reopening the case at my dinner-table. You shall have your hearing in due course."
"At chambers?" said Kent. "We shall be ready at any moment; we are ready now, in point of fact."
"I can not say as to that. My health is very precarious, and I am under a physician's orders to take a complete rest for a time. I am sorry if the delay shall work a hardship to the company you represent; but under the circumstances, with not even an affidavit offered by your side, it is your misfortune. And now I shall have to ask you to excuse me. It lacks but a few minutes of my train time."
The hotel porter was droning out the call for the east-bound Flyer, and Kent effaced himself while Judge MacFarlane was paying his bill and making ready for his departure. But when the judge set out to walk to the station, Kent walked with him. There were five squares to be measured, and for five squares he hung at MacFarlane's elbow and the plea he made should have won him a hearing. Yet the judge remained impassible, and at the end of the argument turned him back in a word to his starting point.
"I can not recall the order at this time, if I would, Mr. Kent; neither can I set a day for the hearing on the merits. What has been done was done in open court and in the presence of your attorney, who offered no evidence in contradiction of the allegations set forth in the plaintiff's amended petition, although they were supported by more than a dozen affidavits; and it can not be undone in the streets. Since you have not improved your opportunities, you must abide the consequences. The law can not be hurried."
They had reached the station and the east-bound train was whistling for Gaston. Kent's patience was nearly gone, and the auburn-hued temperament was clamoring hotly for its innings.
"This vacation of yours, Judge MacFarlane: how long is it likely to last?" he inquired, muzzling his wrath yet another moment.
"I can not say; if I could I might be able to give you a more definite answer as to the hearing on the merits. But my health is very miserable, as I have said. If I am able to return shortly, I shall give you the hearing at chambers at an early date."
"And if not?"
"If not, I am afraid it will have to go over to the next term of court."