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1. The role of the courts is to interpret and apply the laws.

(A) True

(B) False

Answer : (A)

2. Minimum contactswithajurisdiction are neverenough to support jurisdiction overanonresident

defendant.

(A) True

(B) False

Answer : (B)

3. A court can exercise jurisdiction over property located within its boundaries.

(A) True

(B) False

Answer : (A)

4. A business firm may have to comply with the lawsof any jurisdiction in which it actively targets
customers.

(A) True

(B) False

Answer : (A)

5. Theminimum-contactsrequirement is usually met ifa corporationadvertises or sellsitsproducts

within a state.
(A) True

(B) False

Answer : (A)

6. Cases involving diversity of citizenship arise only between citizens of different states.
(A) True

(B) False

Answer : (B)

7. The amount in controversy in a diversity of citizenship case must be more than $1 millionbefore a
federal court can take jurisdiction.

(A) True

(B) False

Answer : (B)

8. States do not have exclusive jurisdiction on any matter.

(A) True

(B) False

Answer : (A)

9. The United States Supreme Court can review any case decided by any of the federal courts of
appeals.

(A) True

(B) False

Answer : (A)

10. The use of evidence outside the pleadings distinguishes the motion for summary judgment from
the motion for judgment on the pleadings.

(A) True

(B) False

Answer : (A)

11. Before a trial, the plaintiff can file a motion to dismiss.

(A) True

(B) False

Answer : (A)
12. A justiciable controversy is a case in which the court's decision-the "justice" that will be served-
will be controversial.

(A) True

(B) False

Answer : (B)

13. To have standing to sue, a party must have a sufficient stake in a matter to justify seeking relief
through the court system.

(A) True

(B) False

Answer : (A)

14. An answer can admit to the allegations made in a complaint.

(A) True

(B) False

Answer : (A)

15. A motion for summary judgment may be made before, during, or after a trial.

(A) True

(B) False

Answer : (B)

16. Only a defendant may file a motion for summary judgment.

(A) True

(B) False

Answer : (B)

17. State supreme courts generally deny most appeals.

(A) True

(B) False

Answer : (A)
18. An appellate court can reverse the decision of a trial court that erred.

(A) True

(B) False

Answer : (A)

19. A trial commences with the plaintiff's attorney's direct examination of the first witness.

(A) True

(B) False

Answer : (B)

20. After the defense concludes its presentation, the attorneys present closing arguments.

(A) True

(B) False

Answer : (A)

21. A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant
a judgment for the other side.

(A) True

(B) False

Answer : (B)

22. A case is remanded when it is sent back to a trial court for further proceedings consistent with
the opinion of the appellate court.

(A) True

(B) False

Answer : (A)

23. Small claims courts are inferior trial courts.

(A) True

(B) False

Answer : (A)
24. In a few states, in suits brought in small claims courts, lawyers are not allowed.

(A) True

(B) False

Answer : (A)

25. A federal case typically originates in a state court.

(A) True

(B) False

Answer : (B)

26. Any relevant material, including informationstoredelectronically, can be the object of a

discovery request.

(A) True

(B) False

Answer : (A)

27. At the beginning of a trial, only the defendant's attorney makes an opening statement.

(A) True

(B) False

Answer : (B)

28. Interrogatories are written questions for which written answers are prepared by a judge.

(A) True

(B) False

Answer : (B)

29. Discovery is the process of obtaining information from an opposing party before trial.

(A) True

(B) False

Answer : (A)
30. The term alternative dispute resolution refers to any method for resolving a dispute outside the
traditional judicial process.

(A) True

(B) False

Answer : (A)

31. Negotiation is the most complex form of alternative dispute resolution.

(A) True

(B) False

Answer : (B)

32. No court offers mediation as an option before a case goes to trial.

(A) True

(B) False

Answer : (B)

33. In mediation, the mediator proposes a solution and makes a decision resolving the dispute.

(A) True

(B) False

Answer : (B)

34. Arbitration that is mandated by a court is often binding on the parties.

(A) True

(B) False

Answer : (B)

35. A court's review of an arbitrator's award may be restricted.

(A) True

(B) False

Answer : (A)
36. Flo wants to file a suit against Gerry. For a court to hear the case,

(A) Gerry must agree.

(B) the court must have jurisdiction.

(C) the parties must have no minimum contacts with each other.

(D) both parties must own property.

Answer : (B)

37. Huey, a resident of Illinois, owns awarehouse in Indiana. A dispute arisesover the ownership of
the warehouse with Jac, a resident of Kentucky. Jac files a suit against Huey in Indiana. Regarding
this suit, Indiana has

(A) federal jurisdiction.

(B) in personam jurisdiction.

(C) in rem jurisdiction.

(D) no jurisdiction.

Answer : (C)

38. A Rhode Island state court canexercise jurisdiction over Standard Business Corporation, anout-
of-state defendant, if Standard has minimum contacts with

(A) the state.

(B) the United States.

(C) any lawyer or law firm.

(D) any of the choices.

Answer : (A)

39. Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site
throughwhich Ohio residents have done substantial businesswith him. The court is most likely to
have jurisdiction over Nick if Milo's claim arises from

(A) anything an Ohio resident has done.

(B) Nick's Web site activities.

(C) nothing an Ohio resident hasdone.

(D) something other than Nick's Web site.

Answer : (B)

40. David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet
company based in Georgiathat provides advertisingservices. QuickAdsonly contactwithpersonsin
Alabama has been through QuickAds's passive advertising. The Alabama court is

(A) likely to have jurisdiction over the case.

(B) not likely to have jurisdiction over the case.

(C) likely to refer the case to a higher district court.

(D) likely to refer the case to an appellate court.

Answer : (B)

41. Lazlo's Bikes, Inc., a firm in Minnesota, advertises on the Web. A court in North Dakota would be
most likely to exercise jurisdiction over the firm if it

(A) did substantial business with North Dakota residents over the Internet.

(B) interacted with any North Dakota resident through its Web site.

(C) only engaged in passive advertising on the Web.

(D) suddenly removed its ad from the Internet.

Answer : (A)

42. Mary files a suit against Nichelle in a state court over an employment contract. The case
proceeds to trial, afterwhich the court renders a verdict. The case is appealed to an appellate court.
After the state's highest court's review of Mary v. Nichelle, a party can appeal the decision to the
United States Supreme Court if

(A) a federal question is involved.

(B) a question of state law remains unresolved.

(C) the party is unsatisfied with the result.

(D) the state trial and appellate court rulings are different.

Answer : (A)

43. Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their
diversity of citizenship may be a basis for

(A) no court to exercise jurisdiction.

(B) a federal court to exercise original jurisdiction.

(C) a state court to exercise appellate jurisdiction.

(D) the United States Supreme Court to refuse jurisdiction.

Answer : (B)

44. Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of
their child. Over this case, Mississippi state courts have

(A) concurrent jurisdiction with federal courts.

(B) concurrent jurisdiction with other statecourts.

(C) exclusive jurisdiction.

(D) no jurisdiction.

Answer : (C)

45. D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to
the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States
Supreme Court to hear the case. The Court is

(A) not required to hear the case.

(B) required to hear the case because D'Antoni lost in a federal court.

(C) required to hear the case because D'Antoni lost in a lower court.

(D) required to hear the case because it is an appeal.

Answer : (A)

46. The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream
Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate
court is whether

(A) a trial is being held.

(B) the court is appealing.

(C) the parties question how the law applies to their dispute.

(D) the subject matter of the case involves complex facts.

Answer : (A)

47. Taylor, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a
Washingtonstate company that does business in Utah. The court hasoriginaljurisdiction,which
means that

(A) the case is being heard for the first time.

(B) the court has a unique method of deciding whether to hear a case.

(C) the court has unusual procedural rules.

(D) the subject matter of the suit is interesting and new.

Answer : (A)

48. Carol files a suit against Duffy in a state trial court and loses. Carol

(A) cannot take her case any higher in the court system.

(B) can insist that the United States Supreme Court hear her case.

(C) can plead her case before an appellate court.

(D) can plead her case before a small claims court.

Answer : (C)

49. Isabel and Joshengage in a business transaction that leads to a dispute. Isabel initiatesa lawsuit
against Josh by filing a complaint. The sheriff serves Joshwitha summons. If Josh chooses to ignore
it,

(A) Isabel must file an amendedcomplaint.

(B) Isabel will have a judgment entered in her favor.

(C) Josh must be served with a second summons.

(D) Josh will have a judgment entered in his favor.

Answer : (B)

50. Ballpark Sports field, Inc., files a suit against Concessions & Tailgate Services. The document
that informs Concessions & Tailgate that it must file an answer within a specified time period is

(A) the answer.

(B) the complaint.

(C) the writ of certiorari.

(D) the summons.

Answer : (D)
51. In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging,
Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.
Old Growth's admission in response is the equivalent of

(A) an admission in court.

(B) a statement to the media.

(C) information to which Old Growth has a right of privacy.

(D) irrelevant evidence.

Answer : (A)

52. Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The
complaint should include

(A) an explanation of the proof to be offered at trial.

(B) a statement refuting any defense that the defendant might assert.

(C) a motion for judgment on the pleadings.

(D) a statement alleging the facts showing the court has jurisdiction.

Answer : (D)

53. Gabrielle files a suit against Hard ‘n Fast Adhesives, Inc. Hard ‘n Fast responds that even if
Gabrielle's statement of the facts is true, according to the law Hard n' Fast is not liable. This is

(A) a counterclaim.

(B) a motion for judgment on the pleadings.

(C) a motion for summary judgment.

(D) a motion to dismiss.

Answer : (D)

54. Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears fromthe pleadings
that the parties do not dispute the facts and the only question is how the law applies to those facts.
Turista supports this response with witnesses' sworn statements. This is

(A) a counterclaim.

(B) a motion for judgment on the pleadings.

(C) a motion for summary judgment.

(D) a motion to dismiss.

Answer : (C)

55. Mediocrité, Inc., makesand sellsgoods that are substandard. Nancy,who hasnever boughtor
used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The
company's best ground for dismissal of the suit is that Nancy does not have

(A) certiorari.

(B) jurisdiction.

(C) standing.

(D) venue.

Answer : (C)

56. Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiatesa
lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that

(A) Destiny did not state a claim for which relief can be granted.

(B) Destiny's statement of the facts is nottrue.

(C) Destiny's statement ofthe law is not true.

(D) Enzosufferedgreaterharmthan Destiny.

Answer : (A)

57. Nationwide Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a
complaint. The complaint should include a statement alleging the facts establishing

(A) an explanation to refute any defense Open Pit might assert.

(B) a motion for summary judgment.

(C) a motion to dismiss.

(D) Nationwide's basis for relief.

Answer : (D)

58. Avery files a suit against Beth, alleging that she failed to pay him for two months' labor at her
Choice Cheese Factory. Beth denies the charge and claims that Avery breached their contract to
produce a certain quantity of cheeses and owes Beth damages for the breach. Beth's claim is

(A) a contra charge.

(B) a counterclaim.
(C) a counterpoint.

(D) a cross-complaint.

Answer : (B)

59. Owen files a suit against Perry. If Perry fails to respond,

(A) Owen must appeal the case to a different court.

(B) Perry's failure to respond will be considered a denial.

(C) Owen will not be awarded aremedy.

(D) Perry will have a default judgment entered against him.

Answer : (D)

60. Ronnie files a suit in a state court against Sheri. The case proceeds to trial, after which the court
renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the
appellate court within a prescribed period oftime

(A) a brief including the arguments of both parties.

(B) a copy of the record on appeal.

(C) an explanation for the verdict.

(D) a statement of the grounds for reversal.

Answer : (B)

61. Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to
try to resolve their dispute. A third party suggestsor proposes a resolution, whichthe parties may or
may not decide to adopt. This is

(A) arbitration.

(B) mediation.

(C) negotiation.

(D) not a legitimate form of dispute resolution.

Answer : (B)

62. First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in
arbitration. Before determining the award, the arbitrator meets with First Community's
representative to discuss the dispute without General Hydraulics' representative being present. If
this meeting substantially prejudices General Hydraulics' rights, a court will most likely
(A) compel arbitration.

(B) review the merits of the dispute.

(C) review the sufficiency of the evidence.

(D) set aside any award.

Answer : (D)

63. Suki files a suit against Travis. If this suit is like most cases, it will be

(A) dismissed during a trial.

(B) settled before a trial.

(C) resolved only after a trial.

(D) transferred to a higher court.

Answer : (B)

64. Liz and Moss disagree over the amount due under their con-tract. To avoid involving any third
party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute
resolution method of

(A) arbitration.

(B) litigation.

(C) mediation.

(D) negotiation.

Answer : (D)

65. Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If
Farmers Pantry and Market Grocers have a long-standing business relationship that they would like
to continue, they may prefer to settle their dispute through mediation because

(A) the case will be heard by a jury.

(B) the dispute will eventually go to trial.

(C) the process is not adversarial.

(D) the resolution of the dispute will be decided an expert.

Answer : (C)
66. If Cornel and Deanna resolve their dispute by having a neutral third party render a binding
decision, they will have used the method of

(A) arbitration.

(B) conciliation.

(C) intervention.

(D) mediation.

Answer : (A)

67. SPF Sunscreen Corporation and Tanner agree to resolve their dispute througharbitration. The
arbitrator's decision is called

(A) a conclusion of law.

(B) a finding of fact.

(C) anaward.

(D) averdict.

Answer : (C)

68. Service Employees International Union and Timberline Products, Inc., have their dispute
resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to
arbitration. This is a ground for a court to

(A) none of the choices.

(B) review the merits of the dispute.

(C) review the sufficiency of the evidence.

(D) set aside the award.

Answer : (D)

69. Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree
to resolve their dispute in Come2Terms.com, an online forum. Like most online forums,
Come2Terms.com applies

(A) general, universal legal principles.

(B) the provisions of the Federal Arbitration Act.

(C) jurisprudence developed by the United Nations.

(D) the law of California (or another specific U.S. jurisdiction).

Answer : (A)

70. To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize
eResolve, anonline dispute resolution (ODR) service. Thislimitsthese parties' recourse to the courts

(A) not at all.

(B) until the ODR service has issued a decision.

(C) with respect to any dispute arising between the parties.

(D) with respect to this dispute only.

Answer : (A)

ESSAY

71. Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),
and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support
Norwest's claimwas so scanty that no reasonable jury could have found for the plaintiff. Therefore,
argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely
to reverse the trial court's findings with respect to the facts? If not, why not? What are an appellate
court's options after reviewing a case?

Graders Info :

An appellate court will reverse a lower court's decision on the basis of the facts if the evidence does
not support the findings or if it contradicts them. Appellate courts normally defer to a judge's
decision with regard to the facts of a case, however, for a number of reasons. First, trial judges
routinely sit as fact finders. As a result, they develop a particular expertise in determining what kind
of evidence and testimony is reliable and what kind is not. Second, trial judges and juries have the
opportunity to observe witnesses and tangible evidence first hand. The appellate court sees only a
cold record of the trial court proceedings and therefore cannot make the kind of judgments about
the credibility of witnesses and the persuasiveness of evidence that can be gleaned only from first
hand experience. (There are also constitutional reasons for an appellate court to defer to a jury
verdict. If, based on the evidence presented to a jury, a reasonable person could have come to the
same decision that the jury came to, an appellate court cannot reverse the jury's decision with
regard to the facts because this would, in essence, take away a person's right to a jury trial.) An
appellate court's options after reviewing a case are to affirm the trial court's judgment, to reverse it
in whole, to reverse it in part, to modify the decision, or to remand the case for further proceedings.

72. Tech Performance, Inc., completes programming andothertechservicesfor Uno IT Products

Corporation. When Uno's computer system crashes, it loses $500,000 worth of business and pays
$100,000 to havethe system reprogrammed. Uno IT announces to the media thatthe crashwas due
to Tech Performance's incompetence and files a complaint in a federal court against the firm. What
are Tech Performance's options inresponse?
Graders Info :

In response to the complaint, Tech Performance (the defendant) may file an answer in which the
firm admits the statements or allegations set out in Uno IT's complaint or denies them and sets out
any defenses that Tech Performance may have. (If Tech Performance admits to the allegations, a
judgment will be entered in favor of Uno IT. If Tech Performance denies the allegations, the matter
will proceed.) In the answer, Tech Performance may assert an affirmative defense-that is, admit the
truth of the complaint but raise new facts to show that the firm should not be held liable for the
damage sustained by Uno IT. (The sorts of facts these might be and the legal effect they might have
are details explained in later chapters in this text.) Tech Performance could also deny Uno IT's
allegations and assert a counter claim alleging that the crash occurred as a result of something Uno
IT did and that Uno IT owes Tech Performance damages for the harm done to its reputation. Uno IT
would have to submit ananswer to the counterclaim. Instead of filing an answer, Tech Performance
might file a motion to dismiss. This motion might contend that Uno IT failed to state a claim for
which relief can be granted-in other words, even if the facts presented in the complaint are true,
their legal consequences are such that there is no reason to go ahead with the suit. Other grounds
for this motion include improper service of process and the court's lack of jurisdiction or venue. (If
the motion is denied, Tech Performance will be giventime to file ananswer. If the motion is granted,
Uno IT will be given time to file an amended complaint.)
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around like a butterfly this minute, most likely,” and the young man
smiled rather bitterly.
He had come from the city to make sure a girl was not in trouble, but
the thought of her enjoying herself made him uneasy.
From the village to the “Bend” was, as he had remarked, quite a
distance. In spite of brisk walking it was nearly dark before his
destination was reached.
“That must be the place,” he thought, quickening his steps as the
white buildings of the Whittaker farm loomed up in the dusk.
“What in the world shall I do, now I’m here?” he asked himself, as he
paused in front of the house. “If she’d only come out and take back
her words it would be all right. But goodness! she’s an awful spunky
little thing when she’s once under way, and it was pretty tough for
her. It’s mighty certain it’s not in her line, but I needn’t have been
quite so hard with her. Hang it all! what am I going to do now? What
in the Dickens made me come, anyway? Only because I’m such a
fool I couldn’t keep myself away.”
He stood leaning against a tree near one of the windows. The
summer air was very still. Only occasionally the birds stirred in their
nests above his head and murmured sleepily. Once some restless
animal pounded the floor of the barn.
Suddenly a low strain of music startled him. Did it come from one of
the open windows? Timidly soft it sounded, as though fearing to let
itself be heard—weird and sad.
The man out among the shadows trembled. “Can that be she? Has
she given in?”
The music grew more abandoned. In its sorrow it seemed to have
forgotten its timidity. The long notes sobbed and moaned, now and
then dying into quieter, more entreating tones. In their tears they
paused and prayed.
The listener was a musician, and the melody reached the depths of
his soul. Facing the window, he called in a broken voice, “Gertrude.”
The music instantly ceased. A glad cry rang out, “Herman! my
Herman!”
In a second, the man had vaulted the low sill of the parlor window.
He hurriedly glanced around the room. No musical instrument could
be seen, but a trembling form was steadying itself against the
casing.
“Gertie, poor little Gertie!”
A faint voice answered, “Is it true? Can it be you? O Herman!”
Again the music rang out. Triumphant peals this time, strain after
strain of tumultuous joy, clearer and clearer, stronger and stronger,
until the notes could hardly hold their fulness.
In the parlor Gertrude and Herman stood gazing into each other’s
startled eyes.
The wild, rapturous song paused; then breaking out in steadier
notes, even and rich, it gradually mellowed and hushed until it died
away in a whispered breath.
“It ended like a prayer of thanksgiving,” said he.
Gertrude caught her breath. “Hush!” She buried her face in her
hands, whispering, “It was. I see it all now. It must have been little
Chee,—there is no one else.” Lifting her head, she added, with a
strange, new light in her eyes, “Oh, Herman, she was thanking God
for answering her prayer. I believe it.” And then, half choked with
feeling, she told what she knew of her little Indian cousin.
 CHAPTER IX.
COUSIN GERTRUDE stole up-stairs. Chee had heard good-byes a
few moments before, and was hoping, yet fearing, she might find
her.
The child sat by the window removing her stockings. Daddy Joe’s
fiddle lay on the bed.
“Birdie, how could you? Oh, how could you?”
“I don’t know,” answered Chee, in an excited voice. “I tried not to
play out loud, but I got feeling sorrier and sorrier, and wishing He
would only let me help. And I forgot to play still, and then I heard a
man’s voice, and heard you answer, and I knew everything was all
right, and I was so happy I just snatched up Daddy’s fiddle and
played out my glad. I didn’t care who heard, for a minute; and, oh,
Cousin Gertrude, I felt it—I felt it.”
“Felt what, Childie?”
“Why, the music—way down in my heart, and all over me, just like I
did at the concert. I don’t know what to call it, but it’s something, and
I’ve tried to feel it for such a long time. And now I have, and it makes
me so happy—so happy, you can’t know. It just makes me glad all
through, and I feel like crying, too.”
“I am as happy as you, my own little Bird.”
Chee’s arms were around Gertrude’s neck, as she asked, “He did
hear, didn’t He?”
“Yes, my comfort, He did hear,” answered Gertrude, tears again in
her voice, “but you helped Him.”
“I helped Him?” echoed Chee, shaking her head almost sadly. “No, I
wanted to so much, but He didn’t need me.”
After a little, Gertrude said, “Listen, while I tell you how you helped—
you’ll see He did need you, after all.
“I love the violin, too—not as you do. I wanted to play because
people expected I would. I felt too proud to say that, after years of
study, I could never be a great player, and so I kept on working with
one teacher after another. Finally, Mr. Farrar, that is my Herman, told
me I had better not spend all my time and money for that any longer.
He said I had come to a place where I could never go much beyond,
and that I wanted to play more from pride than from love—just
because my parents had decided, when I was but a child, that music
was my first gift. I had found true what he said, but it made me angry
that he should dare to tell me. I said some words back. He retorted.
We’re both sorry now, but I was so vexed then, I said I would never
touch the violin again. My temper offended him, his also rose, and he
said he would not speak to me until I took back my words.
“It was the day I had set to come here. He was just going to the
woods for his vacation, but he felt so sad he could not go, and went
back home instead. Then one night he had a horrible dream that
troubled him, so he came to see if I was really safe and well. He
says that, down in his heart, he was hoping I was ready to take back
my words.
“While he was wishing so much I would come to him—he was out
under the trees, you know—he heard music. He thought for a
moment I was playing, and when he reached me and found out I
wasn’t—well, we were both so glad to be together again we forgot
which one was to blame. It seemed very silly to have quarrelled at all
when we understood and loved each other so. Anyway, now we are
only glad to be together again and forget everything. Can’t you see
how it might never have come right if you had not played when you
did?”
Chee made no answer, her heart was full.
“Of course,” she continued, “if he had stopped to think he would
have known it never could have been my playing,—he knows me so
well,—but he was anxious and didn’t realize. It seemed to him, he
said, the music must be mine, he wanted so much I should take back
my words.
“You did help, my Birdie, but you sha’n’t be left to sing alone any
longer. Oh!” a new light dawning, “now I know why you love to think
Opechee means a song-bird,” and she kissed the silent child with
new fondness.
“We are going to ride in the morning, my Herman and I, and when
we return perhaps we will have something to tell you. But oh, my
precious cousin, you can never, never know all you have done for
us.”
Chee only answered with a grave little shake of her head, “It wasn’t
me, ’twas only Our Father, and”—she added tenderly—“Daddy Joe’s
fiddle.”
 CHAPTER X.
IN the morning, as he had promised, Mr. Farrar came to take Cousin
Gertrude to drive.
“Chee! Chee! Nut-Brown Maiden, where are you?” Stepping to the
stairway, Gertrude called, more earnestly, “Birdie, I want you.”
A shy little face peered over the railing, “Please, Cousin Gertrude,
have I got to come down?”
“Why, Chee, wouldn’t you like to? There is some one here I want you
to see.”
“Yes, I know, but I’d rather look at him through the parlor blinds.”
Gertrude showed her disappointment. Chee watched her and
yielded, exclaiming, “Well, you must be awful proud of him to feel so
bad. I suppose I’d ought to come.”
Cousin Gertrude’s cheeks grew pinker, but she did not look
displeased; she only held out her hand to Chee. Wondering what
she might say to put the little girl more at ease, she led her to the
veranda.
A gentleman was standing by the carriage block, stroking the mane
of a horse. At sight of Chee he quickly removed his hat, as though to
some fine lady. “So this is little Chee,” said he, “our sweet singer,
only she doesn’t really sing, she plays. Good morning, my dear.”
“Good morning. I don’t know just what to call you yet. It doesn’t seem
quite kind to say ‘Mr. Farrar,’ when you are Cousin Gertrude’s best
friend, does it? She calls you ‘my Herman,’ but I’m afraid she’d
rather I wouldn’t say that, too.”
Mr. Farrar was pleased with this artlessness, characteristic of Chee,
so unlike any boldness, so like open confidence in one she
instinctively recognized to be worthy. Her voice at such times
seemed to say, “I’ll trust you, you may trust me.”
His eyes twinkled, but he said gravely, seeming not to notice
Gertrude, “Suppose you compromise, and say ‘our Herman.’”
Chee gave a perplexed glance toward Gertrude. Suddenly a smile
brightened her face, as she exclaimed, “Oh, I’ve got it. Why didn’t we
think before? S’pose I call you ‘Cousin Herman.’” She gave no
opportunity for dissent before adding, “It’s so much more
comfortable, now I know who you are.”
Cousin Gertrude appeared somewhat confused, but her friend patted
the little girl’s head approvingly, saying, “Quite right, little Chee, the
very thing, indeed—”
“But Birdie,” hastily interrupted Gertrude, “we haven’t thanked you
yet.” The child cast furtive glances toward the house. Her
companions changed the conversation. Their eyes, following hers,
had seen others, steel blue, peering through a lace curtain.
“Is Aunt Mean busy?” asked Gertrude.
After a discreet silence Aunt Mean appeared in the front doorway. A
brief introduction had scarcely passed before she said, aside to
Gertrude, in low but decidedly distinct tones, “A very likely young
man, my dear, very likely. You showed good taste. I persume there
ain’t a better looking in our neighborhood,” adding, reflectively, “It’s a
mighty serious business, this gittin’ a man.”
Chee wondered if Aunt Mean spoke from experience, and if it
wouldn’t have been a very serious matter indeed if Aunt Mean had
ever attempted to “git” any man other than her brother. During the
embarrassment that followed, Mr. Farrar found occasion to remark
that it was getting late, and Cousin Gertrude felt obliged to go for her
hat. But before entering the carriage she managed to whisper to
Chee, “Don’t undress when you go up-stairs to-night—we shall be
home early.”
What a long day it seemed to Chee! How anxiously she listened for
the sound of wheels on the driveway!
After all she watched in vain, for they had left the carriage before the
Bend was reached. The first she knew of their coming was a step on
the stairway—very soft, like stocking feet. She opened the door a
little. “Take off your shoes please, Chee, and come down into the
parlor awhile.”
It was fortunate that the bedrooms occupied by Miss Almeana and
her brother were at the extreme end of the house. Furthermore, both
were slightly deaf and extraordinarily sound sleepers.
In the parlor the cousins and Mr. Farrar gathered around Chee’s tin
lamp. “And so you have had no instructor but that minister,” he
began. “We saw him to-day, and, as he himself says, he doesn’t
know much about music. You can read notes, he tells me.”
“Easy music,” answered Chee, bashfully. The dreaded ordeal had
come—her secret was out.
“Well, that’s good, but how in the world did you learn to manage the
instrument? Who taught you to hold it, child?”
“I don’t know, Cousin Herman, I think perhaps I hold it just as Daddy
did, maybe I don’t, though. It’s so long since I’ve seen him I can’t be
sure.” This last was added a little wearily. “What has the way I hold
Daddy’s fiddle to do with Cousin Herman?” she wondered.
“It’s just as I say,” exclaimed Mr. Farrar, turning to Gertrude,
—“inherited talent. Probably the father was only a fair player, but
unless I’m stepping down a peg, the child’s a genius.” Chee
wondered if a genius was something nice, but, because she disliked
to show her ignorance, refrained from asking.
“Of course the child has run to weeds—it couldn’t be otherwise. I
must hear her play again, but at all odds she is a musician.” Then
turning suddenly to Chee, he asked, “Where is your violin, my dear?
You must play your best for me, then Gertrude shall tell you our
plan.”
Chee looked frightened, “Why, Cousin Herman, I couldn’t, she’d hear
me—I couldn’t for anything.”
“Who? Oh, I forgot. Well, we’ll have to fix it somehow. Where have
you been playing all this while? Up attic? What’s the harm now,
then?” So saying, Mr. Farrar proceeded to unlace his shoes.
Chee was a little tremulous over the undertaking, but Cousin
Herman was firm; so carrying her small lamp she led the way up the
front stairs, shielding the flickering flame with her hand. The light fell
full upon her excited face. Now and then she paused in the slow,
careful ascent to give whispered warning where a stair-riser might
creak—all so familiar to her. Mr. Farrar easily stepped over these
places, as did Chee, but, lest there should be any slight noise and
their stealthy journey to the attic be disclosed, he assisted Gertrude
over the treacherous places as indicated by their little Indian guide.
When the garret was reached, Gertrude seated herself on a trunk.
Mr. Farrar leaned against the chimney. Chee lingered at the railing,
anxiously listening.
 “SHE STOOD A MOMENT IN MEDITATION, THE VIOLIN
ALREADY UNDER HER CHIN”
“Chee!” they both impatiently called, at the same time glancing
curiously around.
She approached the familiar hiding-place, and very slowly drew out
the old violin box. Her cheeks were flushed, and her lips met in a
straight line. A brave determination burned in her eyes. She realized
in a vague way that much depended upon this effort, but with a
pleased, expectant look she deftly attuned the strings of her
instrument.
When this was done, she stood a moment in meditation, the violin
already under her chin, lightly tapping one foot with the bow.
It was a queer place in which to make one’s début,—that dusty
corner of the old loft. The tin lamp on a box lighted up the beams
hung with long drooping garlands of cobwebs. Not within reach of
the lamplight, or the pale moonshine coming through the curtainless
windows, huge black shadows gathered around. But the weirdness
of the aspect did not impress Chee; for her a more familiar spot
could not have been chosen. Oh, how many happy hours she had
spent in that dim little corner!
Soon her meditative position changed, she had come to a decision,
and began to play.
At first, embarrassment hindered her, but before many notes
trembled out on the stillness, she had forgotten everything except
her song.
It was only the old-fashioned air, “Annie Laurie.” The child must have
known the words, for her music told, even plainer than any words
could tell, the sentiment of the old-time refrain. Perhaps she had
guessed more of her listeners’ state of mind than they knew.
However this may have been, she had chosen well; while the song
lasted, her listeners forgot to be critics—they were only lovers.
The last strains had scarcely died away, when, close upon them,
followed the opening notes of “Nearer, My God, to Thee.” If the first
piece had been selected for her audience, this was for herself.
It was her favorite, the one she most often played. No
embarrassment now—with a far-away expression in her eyes, she
gave variation after variation of the familiar hymn. Suddenly the bow
paused—the note just begun was never finished. A slight noise came
from the stairway. After a moment of listening, Mr. Farrar crept to the
railing and looked down. Everything was still.
“It must have been only mice,” he said, but Chee was thoroughly
frightened. Nothing could induce her to continue. At the first sign of
alarm Daddy Joe’s fiddle had disappeared.
 CHAPTER XI.
AFTER Mr. Farrar had bade them good night and stolen out the front
doorway, Gertrude revealed to Chee their plan.
“We are going to have a concert,” she announced. “Mr. Green says
you haven’t had one here in town since last Christmas—and we’re
going to get people so interested the whole place will turn out.
Herman knows how, for he has gotten up several in the city.”
“Get up a concert, why, how can he?” asked Chee, incredulously.
“He will have a chorus. Every child in the village must be in that. And
he is going to send for some of his friends,—a man to play the harp,
and a lady to sing, and some others. And Herman, you know, plays
on the piano,—that’s his profession.”
“Oh!” said Chee, in a tone of new understanding.
“But wait, dear, the best part is coming. You are the best part of all.”
“Me?”
“Yes, Birdie, you. That’s what the whole thing is for. It’s Mr. Green’s
idea as much as Herman’s. It’s to be kept a surprise—I mean you
are—your name won’t appear on the programme at all.”
“My name on the programme! Cousin Gertrude, what do you mean?”
Poor Chee was thoroughly alarmed now.
“Mean? You dear little monkey, you. Why nothing at all but that you
and your violin are going to bring down the house.”
“Do you mean my secret has got to come out?”
“Of course. Isn’t it already out? More’s the pity it has been kept so
long.”
“But Aunt Mean! Why, Cousin Gertrude, what are you thinking of?
You know how she hates it, and calls it wicked.” Chee was almost in
tears.
“Dear Birdie, can’t you see that’s what the whole thing is for—to cure
Aunt Mean of her nonsense? You know how proud she is—we think
if we can only get her to the hall, that, after she has heard how
beautifully you play and how fine people think it is, she will give right
in.”
“I’m ’fraid she mightn’t—’sides, Cousin Gertrude, how could I ever
play at the hall? I never, never could do that.”
“Chee,” Gertrude’s face was earnest with pleading, “you love your
little violin, don’t you?”
“You know I love Daddy Joe’s fiddle best of everything in this world.”
“Well, if you knew that all you ever might learn about it depended
upon whether you played at the hall or not, couldn’t you do it?”
“Do you mean I could learn to make music like the man at the
concert long ago?” Chee spoke tremulously, and tears filled her eyes
as they looked up, so full of yearning entreaty.
“Yes, I think you could. If our concert was a success, so Aunt Mean
would let you go, we would take you to the city with us, where you
could study music to your heart’s content.”
“Go to the city and learn how to play all I want to!” Chee echoed.
“Can’t you get courage to play at the concert, now?” The child’s lips
compressed for a moment, then she answered in a whisper, “I don’t
believe she’d ever let me go, but I’ll try.”
“That’s a dear. Don’t you worry about Aunt Mean. Just wait until my
Nut-Brown Maiden thrills the house.”
Chee shook her head dubiously. “Aunt Mean never lets anything
make her feel as though she must fly straight to heaven. She can’t,”
said the little girl, translating Gertrude’s words into a language of her
own.
 CHAPTER XII.
BUSY weeks followed. Mr. Farrar frequently came and went—of
course to see Gertrude, but often their afternoon drive together was
only to and from the parsonage gate.
Finally the day for the concert was set. Artists from a distance were
engaged, and the children’s rehearsal commenced. Chesterfield life
had begun to lag. For the farmers it was less dull than for the
townsfolk, on account of the haying. But gossip was scarce, and the
news of a concert ahead was a genuine treat.
“Now I wouldn’t snap my fingers to hear the school youngsters holler,
but regular music fellers from the city—that’s something we don’t get
a chance at every day.”
The choir-leader made this remark with his usual nasal drawl. The
big bulletin of the coming event was being fastened against the wall
of the post-office. A little knot of men and boys had gathered around.
“Well, I don’t know as I could ’zactly afford to pay for city finery, but
as Sadie and Bill are both a-going to sing, mother ’n’ me cal’ated as
how we’d have to see they did right proper,” replied wee Sadie’s
grandpa.
“Stuff and nonsense,” growled the doctor, as he peered impatiently
at the postmistress, as though that meek little person was to blame
for the tardiness of a letter, “waste of time and money.” But the
doctor was a bachelor, and “took in the shows,” so the people said,
during his city trips. He was a gruff man, and though they had often
proved his kind-heartedness in a case of measles, or scarlet fever,
small urchins stepped aside with alacrity as he passed.
“Some on you is wrong, and some on you is maybe right,” said Bill
Saulswick, the village wag and philosopher, “but I know good tunes
when I hears ’um; just gimme the sort, be it fiddlin’, or singin’, or
drummin’,—that tells me why I’m who, and which I’m what, and when
I’m where, and I’ll sit there till the lights go out.”
While the villagers enjoyed the gossip, poor little Chee was in a whirl
of excitement. Her days seemed a series of ups and downs. At times
she could hardly wait for the great day to arrive, then in a moment
her heart would sink with terror, and she would hide herself for hours
until she had conquered the temptation to tell Cousin Gertrude she
must break her promise. But she came of a sturdy, resolute race,—to
falter would be worse than to fail, so she struggled with herself,
Gertrude claiming more and more of her time as the eventful day
drew nearer.
“It do beat all,” Aunt Mean would exclaim, as from the pantry window
she watched the girls go through the meadow lot, “what Gertrude
finds so entertainin’ about that child. She hasn’t eyes for nobody but
her, gaddin’ off every day, or ridin’ to town. I should most expect her
beau would make some kind of a row over it.”
For they did “gad off” every pleasant day, sometimes to the grove to
plan, but more often to the minister’s. There Chee would practise on
Mr. Green’s violin, while Gertrude read or talked with Mrs. Green.
A few days before the concert, Mr. Farrar met them that he might
hear, for the last time, Chee’s piece.
“Cousin Herman, if I play very well indeed, will you please say ‘yes’
to something?”
“That’s rather broad,” replied the gentleman; “suppose I can’t say
‘yes.’”
“Oh, but I know you can, just as well as not.”
“What is it about?”
Chee flushed a little, but answered, smilingly, “Clothes.”
“Ho, ho, that’s it! Well, I guess I can go it.”
Mr. Farrar considered himself an apt student of human nature. “It’s
only natural the child should have a little pride. It’s a good thing
Gertrude intends to see to a gown for her.” So said the young man to
himself, little doubting the exact nature of Chee’s request.
Satisfied with his promise to say “yes,” the little girl began to play her
chosen piece.
It had taken so long to make a selection from her old pieces, Cousin
Herman had bought several new ones—marvels of creation they
were to Chee. “Fixed up with the baby songs all in,” as she styled the
turns and trills. She had tried to play true to the notes, but it was a
hard task. To-day as she was conscientiously measuring them out,
he left the room a moment to speak with the minister. Returning, he
was surprised at the progress she had made in his absence.
Thinking his presence had hindered her, he stole softly to the door.
With a listening expression on her face, Chee was slowly pacing the
floor. The sheet of music lay on the table, face down. Undoubtedly,
as Mr. Farrar recalled the selection, it was the one she was playing—
but how changed! It seemed to have been but the framework for the
little artist to build upon.
She finished, and brushing the damp hair from her warm forehead,
looked up. Cousin Herman stood in the doorway. Chee glanced at
the neglected sheet of music with a guilty look. “I forgot, Cousin
Herman, I really did,” she explained, hurriedly.
“I guess you needn’t bother with the notes. I see you have the
melody in your head.” He tried to speak unconcernedly.
Chee was relieved. “I’m ever so glad. You don’t know how much
easier it will be.”
“After you have a teacher I suppose it will be necessary to tie you
down to accurate reading, but until then we won’t spoil your own
way.”
The minister came in just then, followed by his wife and Gertrude. “Is
the lesson over?” he asked.
“Cousin Herman has got to say ‘yes’ now.”
“Say ‘yes?’ What to?”
“That’s just what he hasn’t been told,” replied Mr. Farrar.
Going to him, Chee drew down his head, that she might whisper in
his ear. He looked perplexed. A private consultation followed, much
to the amusement of the others in the room.
At first he seemed hard to persuade, but finally yielded, and Chee
left him with a satisfied, “That’s a good Cousin Herman.”
“Gertrude,” he said at parting, “you needn’t order Chee’s dress; that
matter has already been attended to.”
Gertrude was not only astonished, she was disappointed, and
started to speak, then checked herself.
“After all, Herman must know what he is about. I’ll leave it to him.”
Gertrude had learned one lesson; it could not be forgotten soon.
 CHAPTER XIII.
THE day of the concert smilingly dawned.
At breakfast, Uncle Reuben surprised them by saying, “I’m going
over the river to-day, Mean. Don’t you want to go ’long, and stop to
George’s?”
Aunt Mean hesitated.
“You kin wear your best bunnet, so’s to stop to the concert on the
way back.”
“Reuben Whittaker! you’re not going to blow in a single cent on any
concert, and you know it. If Gertrude is foolish ’nough to go and take
Chee, that ain’t none of my business.” Aunt Mean looked toward her
nieces as she spoke, but the cousins’ eyes were fixed upon their
plates.
“Why, Mean,” said Uncle Reuben, mildly, “the minister says the hull
town is going to turn out. Even—”
“When did you see the minister?” interrupted his sister.
“Even Miss Flanigin sent for her sister to take keer of the young’ns,”
continued Uncle Reuben, without notice of any question. “I never
reckoned on our being behind the Flanigins.”
“Humph! those Flanigins,” was Aunt Mean’s only comment. But
Gertrude noticed, as they drove away, a bonnet with a purple poppy
had won the day.
“What could have possessed Uncle Reuben to take her off to-day, of
all days?” gleefully questioned Chee.
“Everything is turning out just right, that’s a fact,” replied her cousin.
A thought of half suspicion came to Chee. “You don’t suppose—”
she began, impressively, when Gertrude gave a little cry of pleasure,
saying, “If here doesn’t come Herman, the old dear, and the house
all to ourselves.”
What a day of it they had! With only her two good friends to watch
her, Chee forgot her usual reserve, and quite surprised them with her
happy chatter. Without the restraint of Aunt Mean’s practical
presence, some of the child’s queer fancies and odd expressions
crept into her talk. Until then, Gertrude had but half realized how truly
the little cousin’s nature was made up of the sensitive perceptions
and legendary instincts of her mother’s people.
Toward evening a thunder-storm threatened. The three were sitting
in Aunt Mean’s plant-room at the time.
“Grandfather is speaking,” said Chee, pleasantly, as the first distant
mutterings of thunder were heard. Cousin Herman looked up
questioningly.
“Who?” asked Gertrude.
“Grandfather—don’t you hear him?”
Just then a sharp clap rang through the air. Gertrude held her fingers
to her ears.
“That was M’dessun,” said Chee. Then noticing her companions’
bewildered glances, added, “It’s very easy to know his voice from
grandfather’s other sons’—he talks so angrily.”
The thunder still roared. Mr. Farrar closed the plant-room door. “I
guess we hadn’t better sit out here for awhile,” he said, gathering up
Gertrude’s books. “We can come back, it won’t last long, I think.”
“Don’t go! What made you shut the door? I love to hear them,” and
Chee stepped out into the rising storm fearlessly, as though the sky
had been all sunshine.
“Come in, Chee. Oh, do come in!” cried Gertrude, pale with alarm.
The child ran quickly, and throwing her arms around her cousin,
asked, “Why, are you sick? What is the matter? Don’t you like
Thunder? He is our grandfather, you know.”
“Is the girl crazy?” asked Mr. Farrar.