Custody of children -- Fiction; United States -- Social life and customs -- 20th century -- Fiction; Women -- Fiction
"I think I should say, in justice to myself," said Mr. Jarvis, a little
stiffly, "that I made every effort to dissuade Mr. De Jarnette from
doing this thing. I urged him to wait until the next day, knowing him to
be an impulsive man, and feeling sure that he would wish afterwards to
undo what he had done. But--he would not listen to me. I hoped that I
could get him to change the will when he returned, and I can hardly
doubt that he would have done so, had it not been for the unfortunate
accident that ended his life."
Margaret had been listening breathlessly. As Mr. Jarvis stopped she
turned to speak to Judge Kirtley and again encountered the steady gaze
of Richard De Jarnette's black eyes. It seemed so strange, so
unaccountable, for him to watch her so that before she could control
it--if indeed control is ever possible--she felt a hot tide sweeping up
from neck to brow. And the consciousness of this did not lessen the
flow. Then it passed and left her paler than before. It was annoying but
it did not stop her in what she had to say. A new thought had come to
her while Mr. Jarvis was speaking.
"What is the date of that codicil?" she asked.
"April 30, 1890."
"I thought so," she said eagerly. "Well, don't you see how that date
changes everything? Even if my--if Mr. De Jarnette had had the right by
law to will away my child he could not have done it on April 30th, for
Philip was not born till two days afterward! His birthday is May
second!" She said it exultantly.
As by one impulse the two lawyers looked each into the face of the other
and then away.
"Don't you see?" she cried desperately, not comprehending the look but
knowing instinctively that something was wrong. "Don't you see the
difference that makes? When that will was made this child was _mine_!--a
part of my body!--my very breath giving him life!... Don't you see?--Oh,
_can't_ you see?... He wouldn't have the right to make this will
then--_not then_!"
Her voice was becoming strained and high-pitched in her excitement.
"Mrs. De Jarnette," began Mr. Jarvis, "the law--I should say--yes, the
law--Judge, you can explain this to her better than I can."
She turned to Judge Kirtley. She was in extremity now.
"My child," he said, "the law, as it distinctly states, recognizes in
this thing no difference between the living child and the infant _en
ventre sa mere_. Your husband, according to the laws of the District of
Columbia, had a right to will away your unborn child."
She stared at him incredulously. Then, as the meaning of his words sank
into her quivering soul, she bent toward him with a look that had a
challenge in it.
"And have you known this before?"
"Always."
"And you?" she demanded, turning to Mr. Jarvis.
"Yes," he admitted. "It is a part of our imperfect laws. The whole thing
should have been revised long ago. It is a disgrace to the District."
Public-domain text, read in full here on John Shaqi.
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