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Updated: May 20, 2025
By a coincidence that was not strange Charity selected for her lawyer Travers McNiven, the very man that Jim Dyckman selected. All three had been friends since childhood. McNiven had been taken into the famous partnership of Hamnett, Dawsey, Coggeshall, Thurlow & McNiven.
A process-server from McNiven's office went across Broadway to Tessier's office, where Cheever was waiting. He handed the papers to Cheever, who handed them to Tessier, who hastily dictated an answer denying the adultery, the alleged income, and the propriety of the alimony claimed. Tessier and Cheever visited McNiven in his office and served him with this answer.
She fought against making an affidavit to the truth of the complaint, but when NcNiven said, "No affidavit, no divorce," she took her oath before the clerk who was called in as a notary public. "Now you may go home," said McNiven; and Charity stole out, feeling herself a perjured criminal. Then the divorce-mill began to grind.
She remembered the detectives she had engaged and the superabundant evidence they had furnished her. She told McNiven about it and he was delighted till she reminded him that she had promised not to make use of Zada's name. McNiven told her that she had no other recourse, and advised her to see her husband. She said that it was hopeless and she expressed a bitter opinion of the law.
It seemed harsher than the Church, especially harsh to those who did not flout its authority. While Charity talked McNiven let his pipe-smoke trail out of the window into the infinite where dreams fade from reality and often from memory, and he thought, "If I can help Jim and Charity to get together after all this blundering it will be a good job."
With this recompense Mr. Firth ended his duties in the matter. McNiven prepared a motion to confirm the report of the referee and took it to Tessier, who accepted service for his client. McNiven then went to the county clerk and filed a notice that the motion would be called up the next morning. The clerk put it on the calendar of Special Term, Part III.
He offers to provide me with any sort of evidence you lawyers care to cook up." McNiven stared at her and spoke with startling rigor. "Are you trying to involve me in your own crimes?" "Don't be silly. Peter says it is done all the time." "Not in this office. Do you think I'd risk and deserve disbarment even to oblige a friend?" "You mean you won't help me, then?"
"If it were just an outburst of jealousy," she said, "you might talk to the woman. But she's not jealous of her husband. She was as cool as a cucumber when she found us together. She was glad of it, because she had got a way to get her Marquess now. She's ambitious and Lady Macbeth couldn't outdo her." She told McNiven what she had not had the heart to tell Jim about Strathdene.
Kedzie was not there and had not been heard from. Late as it was, he set out on a telephone chase for McNiven and dragged him to a conference. It was midnight and Jim was haggard with excitement. There are two people at least to whom a wise man tells the truth his doctor and his lawyer. Neither of them has many illusions left, but both usually know fact when they get a chance to face it.
There is a dignity that survives and is illumined by flames of martyrdom, but there is no dignity that is improved by a bladder- buffeting. Jim slunk back to his place and cowered, while the attorneys made their harangues. McNiven spoke with passion and he had the truth on his side, but it lacked the convincing look.
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