“I was not aware of that fact either,” rejoined Sharpman, “until very recently; but it is a fact, nevertheless; and we are here now, asking that a way be prepared by which this heir may come into his rightful portion of his father’s estate.”

“This is a peculiar case,” responded the judge; “and I think we should have some other basis than this on which to act; some affidavit of facts.”

“I came prepared to meet that objection,” said Sharpman.  “I will now read, if the court please, a statement of the facts in the case.”  He unfolded another paper and read a long and detailed account of the wreck, of Ralph’s rescue by Simon Craft, of the old man’s care and keeping of the boy, of the finding of Ralph’s parents, the lad’s desertion, the recent discovery of his whereabouts, of Craft’s toil and sacrifice in the matter, and of Ralph’s desire to be restored to his family.  This was signed and sworn to by Simon Craft.

The judge sat for a moment in silence, as if studying the effect of this affidavit.

“Has the mother been notified,” he said finally, “that this child is living, and, if so, why does not she appear here to make this application?”

“I will answer that question, your Honor, by reading the following affidavit,” replied Sharpman.

    “Luzerne county, SS.: 

“John H. Sharpman, attorney at law of said county, being duly sworn according to law, deposes, and says:  that, on the fifteenth day of September, A.D. 1867, he called upon Mrs. Margaret Burnham, the widow of Robert Burnham, late of the city of Scranton, deceased, and administrator of the said Robert Burnham’s estate, and informed her of the facts set forth in the foregoing affidavit of Simon Craft.  She acknowledged her acquaintance with the boy Ralph, herein mentioned, but refused to acknowledge him as the son of Robert Burnham, or to grant him any legal interest in the estate of the said Robert Burnham.  A notice, a copy of which is hereto attached, has been served on the said Margaret Burnham, warning her that application will be made to the Orphans’ Court, on this day, at this hour, for the appointment of a guardian for the boy Ralph.

                            “JohnH. Sharpman. 
    Sworn and subscribed before me,
      Sept. 26, 1867. 
        Israel Durham,
          Justice of the Peace.”

“Does any one appear for Mrs. Burnham in this matter?” inquired the judge, addressing the assembly of lawyers.

An elderly man, short and thick-set, with gray hair and moustache, arose, and said:—­

“I have been informed, as Mrs. Burnham’s attorney, that such a proceeding as this was in contemplation.  I appreciate your Honor’s careful scrutiny of the matter before making an appointment; but, so long as we do not recognize the boy as Robert Burnham’s son, it would hardly be justifiable for us to interfere in the simple appointment of a guardian for him.  Inasmuch, however, as the avowed purpose is to make an attack on the Burnham estates, we shall insist that the guardian enter into a bond of sufficient amount and value to cover any damages which may accrue from any action he may see fit to take.”