When the loungers began to disperse, some of them going home, and others going in to supper in response to the tavern bell, Mr. Silas Tomlin called to Lawyer Tidwell, and the two walked along together, their homes lying in the same direction.
"Gus," said Silas, somewhat nervously, "I want to put a case to you. It's purely imaginary, and has probably never happened in the history of the world."
"You mean what we lawyers call a hypothetical case," remarked Mr. Tidwell, in a tone that suggested a spacious and a tolerant mind.
"Precisely," replied Mr. Silas Tomlin, with some eagerness. "I was readin' a tale in an old copy of Blackwood's Magazine the other day, an' the whole business turned on just such a case. The sum and substance of it was about this: A man marries a woman and they get along together all right for awhile. Then, all of a sudden she takes a mortal dislike to the man, screams like mad when he goes about her, and kicks up generally when his name is mentioned. He, being a man of some spirit, and rather touchy at best, finally leaves her in disgust. Finally her folks send him word that she is dead. On the strength of that information, he marries again, after so long a time. All goes well for eighteen or twenty years, and then suddenly the first wife turns up. Now what, in law, is the man's status? Where does he stand? Is this woman really his wife?"
"Why, certainly," replied Mr. Tidwell. "His second marriage is no marriage at all. The issue of such a marriage is illegitimate."
"That's just what I thought," commented Silas Tomlin. "But in the tale, when the woman comes back, and puts in her claim, the judge flings her case out of court."
"That was in England," Mr. Tidwell suggested.
"Or Scotland—I forget which," Silas Tomlin replied.
"Well, it isn't the law over here," Mr. Tidwell declared confidently. They walked on a little way, when the lawyer suddenly turned to Silas and said: "Mr. Tomlin, will you fetch that magazine in to-morrow? I want to see the ground on which the woman's case was thrown out. It's interesting, even if it is all fiction. Perhaps there was some technicality."
"All right, Gus; I'll fetch it in to-morrow."