Captain Pelham's lawyer rose; he had been impressed by the Captain with the importance of the matter, and he was about to make a formal opening. But the judge interrupted him. “I think,” he said, “that we may assume that I know in a general way about these two petitioners. I shall assume, unless something is shown to the contrary, that they are both men of respectable character, and have proper homes for a boy to grow up in. And I suppose there is no controversy that Captain Pelham is a man of some considerable means, and that the other petitioner is a man of small property. “Now,” he went on, leaning forward with his elbow on his desk, and gently waving his glasses with his right hand, “did the father of this boy ever express any wish as to what should be done with him in case his mother should die?” Nobody answered. “It would be of no legal effect,” he said, “but it would have weight with me. Now, is there any evidence as to what his mother wanted? A boy's mother can tell best about these things, if she is a sensible woman. Mr. Baker,” he said to Captain Pelham's lawyer, “have you any evidence as to what his mother wanted to have done with him?” Mr. Baker conversed for a moment with Captain Pelham and then called him to the stand. Captain Pelham testified as to his frequent visits to the boy's mother, and to her unbroken friendly relations with him. She had never said in so many words what she wanted to have done for the boy, but he always understood that she meant to have the child come to him; he could not say, however, that she had said anything expressly to that effect. James sat before him not many feet away, in his old-fashioned broadcloth coat with a velvet collar. He cross-examined Captain Pelham a little. “She did n't never tell you,” he said, “that she was going to give you the boy, did she?” “No, sir;” said Captain Pelham. “How often did your wife come over to see her?” “I could n't tell you, sir,” said the Captain. “Not very often, did she?” “I think not,” the Captain admitted. “The boy's mother did n't never talk much about Mis' Captain Pelham, did she?” “I don't remember that she did.” “She did n't never have her over to talk with her about what she was going to do with the boy, did she?” “I don't know that she did,” said the Captain. “She is here; you can ask her.” “You didn't never hear of her leaving no word with Mis' Captain Pelham about taking care of the boy, did you?” “I can't say that I did,” said Captain Pelham. The old man nodded his head with a satisfied air. His cross-examination was done. The Captain retired from the witness-stand; his lawyer whispered with him a moment and then went over and whispered for two or three minutes with Mrs. Pelham; then he said he had no more evidence to offer. “Mr. Parsons,” said the judge, “do you wish to testify?” James went to the witness-stand and was sworn. “Did n't your daughter ever talk about what she wanted done with the boy?”