“What's the matter with him?” the Honourable Hilary demanded.

“Well, judge, if you really want my opinion, an honest farmer like Meader is suspicious of any corporation which has such zealous and loyal retainers as Ham Tooting and Brush Bascom.” And Austen thought with a return of the pang which had haunted him at intervals throughout the afternoon, that he might almost have added to these names that of Hilary Vane. Certainly Zeb Meader had not spared his father.

“Life,” observed the Honourable Hilary, unconsciously using a phrase from the 'Book of Arguments,' “is a survival of the fittest.”

“How do you define 'the fittest?'” asked Austen. “Are they the men who have the not unusual and certainly not exalted gift of getting money from their fellow creatures by the use of any and all weapons that may be at hand? who believe the acquisition of wealth to be exempt from the practice of morality? Is Mr. Flint your example of the fittest type to exist and survive, or Gladstone or Wilberforce or Emerson or Lincoln?”

“Emerson!” cried the Honourable Hilary, the name standing out in red letters before his eyes. He had never read a line of the philosopher's writings, not even the charge to “hitch your wagon to a star” (not in the “Book of Arguments”). Sarah Austen had read Emerson in the woods, and her son's question sounded so like the unintelligible but unanswerable flashes with which the wife had on rare occasions opposed the husband's authority that Hilary Vane found his temper getting the best of him—The name of Emerson was immutably fixed in his mind as the synonym for incomprehensible, foolish habits and beliefs. “Don't talk Emerson to me,” he exclaimed. “And as for Brush Bascom, I've known him for thirty years, and he's done as much for the Republican party as any man in this State.”

This vindication of Mr. Bascom naturally brought to a close a conversation which had already continued too long. The Honourable Hilary retired to rest; but—if Austen had known it—not to sleep until the small hours of the morning.

It was not until the ensuing spring that the case of Mr. Zebulun Meader against the United Northeastern Railroads came up for trial in Bradford, the county-seat of Putnam County, and we do not wish to appear to give it too great a weight in the annals of the State. For one thing, the weekly newspapers did not mention it; and Mr. Paul Pardriff, when urged to give an account of the proceedings in the Ripton Record, said it was a matter of no importance, and spent the afternoon writing an editorial about the domestic habits of the Aztecs. Mr. Pardriff, however, had thought the matter of sufficient interest personally to attend the trial, and for the journey he made use of a piece of green cardboard which he habitually carried in his pocket. The editor of the Bradford Champion did not have to use his yellow cardboard, yet his columns may be searched in vain for the event.

Not that it was such a great event, one of hundreds of railroad accidents that come to court. The son of Hilary Vane was the plaintiff's counsel; and Mr. Meader, although he had not been able to work since his release from the hospital, had been able to talk, and the interest taken in the case by the average neglected citizen in Putnam proved that the weekly newspaper is not the only disseminator of news.

The railroad's side of the case was presented by that genial and able practitioner of Putnam County, Mr. Nathaniel Billings, who travelled from his home in Williamstown by the exhibition of a red ticket. Austen Vane had to pay his own way from Ripton, but as he handed back the mileage book, the conductor leaned over and whispered something in his ear that made him smile, and Austen thought he would rather have that little drop of encouragement than a pass. And as he left the car at Bradford, two grizzled and hard-handed individuals arose and wished him good luck.

He needed encouragement,—what young lawyer does not on his first important case? And he did not like to think of the future if he lost this. But in this matter he possessed a certain self-confidence which arose from a just and righteous anger against the forces opposing him and a knowledge of their tactics. To his mind his client was not Zeb Meader alone, but the host of victims who had been maimed and bought off because it was cheaper than to give the public a proper protection.