As I was passing the summer at my Lake George cottage, I sent him a note saying that I should continue in my course, and giving him the address of a lawyer in New York who would accept service for me in any action he might bring.
For a time thereafter I waited anxiously for the institution of his suit. I foresaw a great demand for the book as a consequence of it, and I planned to aid in that. I arranged with some of my newspaper friends in New York to send their cleverest reporters to write of the trial. Charles Henry Webb—"John Paul," who wrote the burlesques, "St. Twelvemo" and "Liffith Lank"—proposed to take up on his own account Mr. Warlock's contention that the novelist has no right to use any man's surname in a novel, and make breezy fun of it by writing a novelette upon those lines. In his preface he purposed to set forth the fact that there is scarcely any conceivable name that is not to be found in the New York City directory, and that even a name omitted from that widely comprehensive work, was pretty sure to belong to somebody somewhere, so that under the Warlock doctrine its use must involve danger. He would show that the novelist must therefore designate his personages as "Thomas Ex Square," "Tabitha Twenty Three," and so on with a long list of mathematical impersonalities. Then he planned to give a sample novel written in that way, in which the dashing young cavalier, Charles Augustus + should make his passionate addresses to the fascinating Lydia =, only to learn from her tremulous lips that she was already betrothed to the French nobleman, Compte [**Symbol: cube root">[y.
Unhappily Mr. Warlock never instituted his suit; John Paul lost an opportunity, and the public lost a lot of fun.
By way of completing the story of this absurdity, it is worth while to record that the novel complained of had no personage in it bearing the name of Warlock. In the book that name was merely the designation by which a certain Virginia plantation was known.
XLIV
"Pike County Ballads"
During our early struggles to secure a place for Hearth and Home in popular favor, I was seized with a peculiarly vaulting ambition. John Hay's "Pike County Ballads" were under discussion everywhere. Phrases from them were the current coin of conversation. Critics were curiously studying them as a new and effective form of literature, and many pious souls were in grave alarm over what they regarded as blasphemy in Mr. Hay's work, especially the phrase "a durned sight better business than loafin' round the throne," at the end of "Little Breeches."
I knew Mr. Hay slightly. Having ceased for a time to hold diplomatic place, he was a working writer then, with his pen as his one source of income. I made up my mind to secure a Pike County Ballad for Hearth and Home even though the cost of it should cause our publishers the loss of some sleep. Knowing that his market was a good one for anything he might choose to write, I went to him with an offer such as few writers, if any at that time, had ever received, thinking to outbid all others who might have designs upon his genius.
It was of no use. He said that the price offered "fairly took his breath away," but told me with the emphasis of serious assurance, that he "could not write a Pike County Ballad to save his life." "That was what they call a 'pocket mine,'" he added, "and it is completely worked out."