On the following morning the papers were filed with Circuit Clerk Milam. That vigilant barrister, Mr. Sublette, brought them in person to the courthouse before nine o'clock, he having the interests of his client at heart and perhaps also visions of a large contingent fee in his mind. No retainer had been paid. The state of Mr. Dwyer's finances—or, rather, the absence of any finances—had precluded the performance of that customary detail; but to Mr. Sublette's experienced mind the prospects of future increment seemed large.
Accordingly he was all for prompt action. Formally he said he wished to go on record as demanding for his principal a speedy hearing of the issue, with a view to preventing the defendant named in the pleadings from dissipating any more of the estate lately bequeathed to him and now fully in his possession—or words to that effect.
Mr. Milam felt justified in getting into communication with Judge Priest over the long-distance 'phone; and the Judge, cutting short his vacation and leaving uncaught vast numbers of bass and perch in Reelfoot Lake, came home, arriving late that night.
Next morning, having issued divers orders in connection with the impending litigation, he sent a messenger to find Peep O'Day and to direct O'Day to come to the courthouse for a personal interview.
Shortly thereafter a scene that had occurred some two months earlier, with his Honor's private chamber for a setting, was substantially duplicated: there was the same cast of two, the same stage properties, the same atmosphere of untidy tidiness. And, as before, the dialogue was in Judge Priest's hands. He led and his fellow character followed his leads.
"Peep," he was saying, "you understand, don't you, that this here fragrant nephew of yours that's turned up from nowheres in particular is fixin' to git ready to try to prove that you are feeble-minded? And, on top of that, that he's goin' to ask that a committee be app'inted fur you—in other words, that somebody or other shall be named by the court, meanin' me, to take charge of your property and control the spendin' of it frum now on?"
"Yes, suh," stated O'Day. "Pete Gafford he set down with me and made hit all clear to me, yestiddy evenin', after they'd done served the papers on me."
"All right, then. Now I'm goin' to fix the hearin' fur to-morrow mornin' at ten. The other side is askin' fur a quick decision; and I rather figger they're entitled to it. Is that agreeable to you?"
"Whutever you say, Judge."
"Well, have you retained a lawyer to represent your interests in court? That's the main question that I sent fur you to ast you."