“Now,” he went on, leaning forward with his elbow on his desk, and gently waving his glasses with his right hand, “did the father of this boy ever express any wish as to what should be done with him in case his mother should die?” Nobody answered. “It would be of no legal effect,” he said, “but it would have weight with me. Now, is there any evidence as to what his mother wanted? A boy's mother can tell best about these things, if she is a sensible woman. Mr. Baker,” he said to Captain Pelham's lawyer, “have you any evidence as to what his mother wanted to have done with him?”
Mr. Baker conversed for a moment with Captain Pelham and then called him to the stand.
Captain Pelham testified as to his frequent visits to the boy's mother, and to her unbroken friendly relations with him. She had never said in so many words what she wanted to have done for the boy, but he always understood that she meant to have the child come to him; he could not say, however, that she had said anything expressly to that effect.
James sat before him not many feet away, in his old-fashioned broadcloth coat with a velvet collar. He cross-examined Captain Pelham a little.
“She did n't never tell you,” he said, “that she was going to give you the boy, did she?”
“No, sir;” said Captain Pelham.
“How often did your wife come over to see her?”
“I could n't tell you, sir,” said the Captain.
“Not very often, did she?”
“I think not,” the Captain admitted.