The Shame of Judge Driscoll
Courage is resistance to fear, mastery
of fear—not absence of fear. Except
a creature be part coward, it is not a compliment to
say it is brave; it is merely a loose misapplication
of the word. Consider the flea!—incomparably
the bravest of all the creatures of God, if ignorance
of fear were courage. Whether you are asleep
or awake he will attack you, caring nothing for the
fact that in bulk and strength you are to him as are
the massed armies of the earth to a sucking child;
he lives both day and night and all days and nights
in the very lap of peril and the immediate presence
of death, and yet is no more afraid than is the man
who walks the streets of a city that was threatened
by an earthquake ten centuries before. When
we speak of Clive, Nelson, and Putnam as men who “didn’t
know what fear was,” we ought always to add the
flea—and put him at the head of the procession.
—Pudd’nhead Wilson’s Calendar
Judge Driscoll was in bed and asleep
by ten o’clock on Friday night, and he was up
and gone a-fishing before daylight in the morning with
his friend Pembroke Howard. These two had been
boys together in Virginia when that state still ranked
as the chief and most imposing member of the Union,
and they still coupled the proud and affectionate adjective
“old” with her name when they spoke of
her. In Missouri a recognized superiority attached
to any person who hailed from Old Virginia; and this
superiority was exalted to supremacy when a person
of such nativity could also prove descent from the
First Families of that great commonwealth. The
Howards and Driscolls were of this aristocracy.
In their eyes, it was a nobility. It had its
unwritten laws, and they were as clearly defined and
as strict as any that could be found among the printed
statues of the land. The F.F.V. was born a gentleman;
his highest duty in life was to watch over that great
inheritance and keep it unsmirched. He must keep
his honor spotless. Those laws were his chart;
his course was marked out on it; if he swerved from
it by so much as half a point of the compass, it meant
shipwreck to his honor; that is to say, degradation
from his rank as a gentleman. These laws required
certain things of him which his religion might forbid:
then his religion must yield—the laws could
not be relaxed to accommodate religions or anything
else. Honor stood first; and the laws defined
what it was and wherein it differed in certain details
from honor as defined by church creeds and by the social
laws and customs of some of the minor divisions of
the globe that had got crowded out when the sacred
boundaries of Virginia were staked out.
If Judge Driscoll was the recognized
first citizen of Dawson’s Landing, Pembroke
Howard was easily its recognized second citizen.
He was called “the great lawyer”—an
earned title. He and Driscoll were of the same
age—a year or two past sixty.
Although Driscoll was a freethinker
and Howard a strong and determined Presbyterian, their
warm intimacy suffered no impairment in consequence.
They were men whose opinions were their own property
and not subject to revision and amendment, suggestion
or criticism, by anybody, even their friends.
The day’s fishing finished,
they came floating downstream in their skiff, talking
national politics and other high matters, and presently
met a skiff coming up from town, with a man in it
who said:
“I reckon you know one of the
new twins gave your nephew a kicking last night, Judge?”
“Did WHAT?”
“Gave him a kicking.”
The old judge’s lips paled,
and his eyes began to flame. He choked with
anger for a moment, then he got out what he was trying
to say:
“Well—well—go on!
Give me the details!”
The man did it. At the finish
the judge was silent a minute, turning over in his
mind the shameful picture of Tom’s flight over
the footlights; then he said, as if musing aloud,
“H’m—I don’t
understand it. I was asleep at home. He
didn’t wake me. Thought he was competent
to manage his affair without my help, I reckon.”
His face lit up with pride and pleasure at that thought,
and he said with a cheery complacency, “I like
that—it’s the true old blood—hey,
Pembroke?”
Howard smiled an iron smile, and nodded
his head approvingly. Then the news-bringer spoke
again.
“But Tom beat the twin on the trial.”
The judge looked at the man wonderingly, and said:
“The trial? What trial?”
“Why, Tom had him up before Judge Robinson for
assault and battery.”
The old man shrank suddenly together
like one who has received a death stroke. Howard
sprang for him as he sank forward in a swoon, and took
him in his arms, and bedded him on his back in the
boat. He sprinkled water in his face, and said
to the startled visitor:
“Go, now—don’t
let him come to and find you here. You see what
an effect your heedless speech has had; you ought
to have been more considerate than to blurt out such
a cruel piece of slander as that.”
“I’m right down sorry
I did it now, Mr. Howard, and I wouldn’t have
done it if I had thought; but it ain’t slander;
it’s perfectly true, just as I told him.”
He rowed away. Presently the
old judge came out of his faint and looked up piteously
into the sympathetic face that was bent over him.
“Say it ain’t true, Pembroke;
tell me it ain’t true!” he said in a weak
voice.
There was nothing weak in the deep
organ tones that responded:
“You know it’s a lie as
well as I do, old friend. He is of the best
blood of the Old Dominion.”
“God bless you for saying it!”
said the old gentleman, fervently. “Ah,
Pembroke, it was such a blow!”
Howard stayed by his friend, and saw
him home, and entered the house with him. It
was dark, and past supper-time, but the judge was not
thinking of supper; he was eager to hear the slander
refuted from headquarters, and as eager to have Howard
hear it, too. Tom was sent for, and he came immediately.
He was bruised and lame, and was not a happy-looking
object. His uncle made him sit down, and said:
“We have been hearing about
your adventure, Tom, with a handsome lie added for
embellishment. Now pulverize that lie to dust!
What measures have you taken? How does the thing
stand?”
Tom answered guilelessly: “It
don’t stand at all; it’s all over.
I had him up in court and beat him. Pudd’nhead
Wilson defended him—first case he ever
had, and lost it. The judge fined the miserable
hound five dollars for the assault.”
Howard and the judge sprang to their
feet with the opening sentence —why, neither
knew; then they stood gazing vacantly at each other.
Howard stood a moment, then sat mournfully down without
saying anything. The judge’s wrath began
to kindle, and he burst out:
“You cur! You scum!
You vermin! Do you mean to tell me that blood
of my race has suffered a blow and crawled to a court
of law about it? Answer me!”
Tom’s head drooped, and he answered
with an eloquent silence. His uncle stared at
him with a mixed expression of amazement and shame
and incredulity that was sorrowful to see. At
last he said:
“Which of the twins was it?”
“Count Luigi.”
“You have challenged him?”
“N—no,” hesitated Tom, turning
pale.
“You will challenge him tonight. Howard
will carry it.”
Tom began to turn sick, and to show
it. He turned his hat round and round in his
hand, his uncle glowering blacker and blacker upon
him as the heavy seconds drifted by; then at last
he began to stammer, and said piteously:
“Oh, please, don’t ask
me to do it, uncle! He is a murderous devil—I
never could—I—I’m afraid
of him!”
Old Driscoll’s mouth opened
and closed three times before he could get it to perform
its office; then he stormed out:
“A coward in my family!
A Driscoll a coward! Oh, what have I done to
deserve this infamy!” He tottered to his secretary
in the corner, repeated that lament again and again
in heartbreaking tones, and got out of a drawer a
paper, which he slowly tore to bits, scattering the
bits absently in his track as he walked up and down
the room, still grieving and lamenting. At last
he said:
“There it is, shreds and fragments
once more—my will. Once more you
have forced me to disinherit you, you base son of a
most noble father! Leave my sight! Go—before
I spit on you!”
The young man did not tarry.
Then the judge turned to Howard:
“You will be my second, old friend?”
“Of course.”
“There is pen and paper. Draft the cartel,
and lose no time.”
“The Count shall have it in his hands in fifteen
minutes,” said Howard.
Tom was very heavyhearted. His
appetite was gone with his property and his self-respect.
He went out the back way and wandered down the obscure
lane grieving, and wondering if any course of future
conduct, however discreet and carefully perfected
and watched over, could win back his uncle’s
favor and persuade him to reconstruct once more that
generous will which had just gone to ruin before his
eyes. He finally concluded that it could.
He said to himself that he had accomplished this sort
of triumph once already, and that what had been done
once could be done again. He would set about
it. He would bend every energy to the task,
and he would score that triumph once more, cost what
it might to his convenience, limit as it might his
frivolous and liberty-loving life.
“To begin,” he says to
himself, “I’ll square up with the proceeds
of my raid, and then gambling has got to be stopped—and
stopped short off. It’s the worst vice
I’ve got—from my standpoint, anyway,
because it’s the one he can most easily find
out, through the impatience of my creditors.
He thought it expensive to have to pay two hundred
dollars to them for me once. Expensive—that!
Why, it cost me the whole of his fortune—but,
of course, he never thought of that; some people can’t
think of any but their own side of a case. If
he had known how deep I am in now, the will would
have gone to pot without waiting for a duel to help.
Three hundred dollars! It’s a pile!
But he’ll never hear of it, I’m thankful
to say. The minute I’ve cleared it off,
I’m safe; and I’ll never touch a card
again. Anyway, I won’t while he lives,
I make oath to that. I’m entering on my
last reform—I know it—yes, and
I’ll win; but after that, if I ever slip again
I’m gone.”