A Modern Madonna. Caroline Abbot Stanley
when we were together at the inquest. Judge Kirtley … would he dare to harm Philip if he could get hold of him?"
"Margaret, this is foolish, child. The only thing he could do would be to get possession of the child as testamentary guardian by due process of law, and that is always long."
"And if he got him and I could only get him back by due process of law—would that be long too?"
"Yes, that might be longer still, for being his legal guardian he would have the law presumably on his side. But, my dear, we won't cross that bridge to-day. He hasn't got him yet. I don't believe there is a court on earth—certainly not in this District—that would take your child from you. Cheer up. We'll fight it out if worst comes to worst."
She did not smile. "Do you think it is because he wants the money?"
"I have thought of that, of course. It generally is because of money that most of the deviltry is done. But I had never thought he was that kind of man."
"Oh, I hope it is! That would make it all so simple. Can't you find out if it is and tell him to take it, all of it—I don't want the money—only he must give up all claim to Philip."
"Nonsense, Margaret," said the Judge, testily, "I shall do nothing of the kind. You have no right to relinquish this money—either your own or Philip's. It is willed to you and it ought to stand."
"Yes, but the same will that gives me the money gives him Philip! … Oh, why did Victor do this wicked thing?"
As he went away Judge Kirtley said, "I shall go to Mr. De Jarnette and see what I can do toward settling it out of court. I think it will turn out all right. I have great faith that he can be brought to see it in the right light. And if he can't and it has to go into the courts—" Margaret looked hopelessly at him—the case seemed lost already, so powerful and fearful a thing is the law to the inexperienced—"you must remember always that in any proceedings concerning the custody of children, even in the absence of any express statute, the court is obliged to consider the welfare of the child as paramount to every other consideration, and it has the power even to take a child away from its guardian if that seems best for the child."
"But in this case it seems that there is an express statute, or law, or whatever it is," said Margaret, who had been listening with all the powers of a mind unused to legal terms and technicalities, "and that it is against the mother."
"That does not make it certain that the courts would sustain the will. The court is always apt to favor the claim of the mother unless it can be proved that she is an improper person to have charge of it. So cheer up, my child."
She was standing before him with the boy, who laughed and crowed unheeded, in her arms.
"But if he should come when you are gone and try to take him," she said, her eyes big with fright. "What could I do?"
"Margaret, he will not come. You need not fear it in the least. Richard De Jarnette would not go against the law to secure your child—even if he cannot be persuaded to give him up."
"How can I tell what is law?" she cried passionately. "If anybody had told me yesterday that the law gave a man a right to will away my child before it was born, I should have said he was mad! And when this other man comes and demands that child—as he will, I know he will!—how am I to know that the law does not give him the power to take him?"
"Because I am telling you now that it does not. You can trust me if you can't the law. That isn't the danger to be feared."
"What is?" she asked, quickly.
"Just what I was telling you, that after due process of law the court might decide in favor of his claim—if he should press it—and I don't believe he will."
"He will!" she said, hopelessly. "I know he will. You don't know how vindictively he looked at me."
It was useless to argue against such logic as this, and he went away.
When he was gone Margaret had the great door locked and bolted and gave orders that no one should be admitted. That night she slept fitfully, Philip in her arms.
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