Part 21 (1/2)

”Silence!” reiterated the Justice; ”we must have order; and, if you don't choose to observe order, you must leave the room”

”You hain't opened court yet,” persisted the pertinacious Tohts”

Here Basset ca him by the arm, whispered a feords into his ear They see hilance of mischievous fun at his late opponent, abstained from further remark

By this time, the subpoena for the witnesses had been returned, and the persons summoned made their appearance The overt act was so notorious, that it had not been considered necessary to summon many, and the few needed were soon hunted up Hereupon, Mr Ketchu intimated a readiness, on the part of the State, to proceed, Mr

Tippit, after so to hold any intercourse with hiuilty,” for his client

The hour of noon had now arrived, and that being the dinner-time of most present, Justice Miller yielded to the request of Mr Tippet, and the pleadings of his own sto of the court till two o'clock in the afternoon, in order, not only to gratify the deht have an opportunity to confer with his client and prepare his defence Ketchuainst the delay as unreasonable, but the Justice, who felt no disposition to hurry himself, and was, at bottoh to finish the case in the afternoon, provided he and Mr Tippit did not talk too long

Meanwhile, upon the proe Bernard to be responsible for the safety of the prisoner, Holden was allowed to depart with hie, accompanied theh excite the old man's hands, while the tears streamed down her cheeks; ”I am to blaed, and al, this would not have happened”

”Dear child!” said Holden, ”afflict not thyself Thou and I are but as flying dust on the eternal wheels of destiny Fear not, nor let thy heart be troubled Even yet, the Lord will make bare his arm and I shall escape, even as a bird from the snare of the fowler”

But Faith partook not of the enthusiast's confidence To her alarination, the deliverance of Holden seemed as improbable as that of Daniel fro doom almost as dreadful as that destined for the prophet She knehat the consequences would be were Holden found guilty; for, soon after the reading of the warrant by Pownal, its contents had been co the punishe itself--that of profane speaking and reviling, was inexpressibly revolting She knew that the condition of , and that it was in the performance of what he considered a duty, the old ! He, whose heart was the seat of all noble emotions; he, who had renounced the world, and tra in the world, was not of the world! That such an one, so harh the streets like a wild beast which it was unsafe to have at large, that he should be exposed to the prying looks of coarse and unfeeling men, and compelled to hear their vile ribaldry, and, finally, co the vicious, in a workhouse!

The disgrace was more than she could bear It seemed her heart would break Overcome by her emotions, she left the roonation

All participated in the feelings of the young ladies, and, asmen most To Pownal, a wish of Anne's was a coer, scarcely, he would have refused to encounter to gratify her He had never, indeed, breathed a word of love, but he had flattered his, and that the knowledge gave her no displeasure; and, in spite of the disparity in their conditions, hope nestled at the bottom of his heart Besides, Faith ith him a favorite, and it distressed him to witness her excitement

Nor could Williaitation of his sister Never, indeed, before had the divine eyes of Faith Ar so affected him as nohen suffused with tears; nor had her beauty ever shone so resplendent Upon the withdrawal of the girls, he put his ar hiether respecting what should be done

At the appointed hour, all parties were again present in the little office of the lawyer, and the examination commenced It is unnecessary to recapitulate in full the testienuity of Mr Tippit, who closely cross-examined the witnesses for the prosecution, and thereby only then than weaken the force of their testimony, the facts were fully proved Indeed, the whole occurrence was too recent and public to make the proof a task of any difficulty The only differences in the stateht Holden was standing at the side of the reading-desk, when he addressed Davenport, while others were as sure he was in front, a circumstance considered by Ketchuarded it as of the greatest importance, as a test of the accuracy of the ain, what ca cross-examination by Tippit, viz: that in the opinion of so and abominable lies,” said ”damned, abominable lies” The eyes of Ketchum fairly danced when the efforts of his opponent succeeded in eliciting froered and provoked witness this enuity had been unable to draw forth, and he took care, in the rest of the exaet the same statement if possible from the remainder of the witnesses In this he was partially successful, each one intending most sincerely to tell the truth, and yet artfully led on by the lawyer, often falsely coloring and distorting the facts On the conclusion of the testimony on the part of the State, Mr Tippit produced witnesses to prove the words spoken, who, after all, did not alter the coood character of the prisoner, but this latter proposal was stoutly opposed by Ketchum, as irrelevant to the issue

”What have we to do,” said he, ”with the character of the prisoner?

His character is not at issue That ood as the Court's, for instance (and I desire no higher), and yet the offence charged may have been committed If brother Tippit is allowed to run into all these side issues, we shall never be done with the examination, and therefore I object to the testireat surprise at the conduct of his brother, Ketchuentleman to keep out testimony of so vast importance for my client Here is a discrepancy Soe said to have been used by h aand abo in serht suppose them proper in common discourse, he would be less likely to use the other phrase; though, if he did, I hope I shall be able to convince the court there's no great harm in that”

Here Ketchum's face expressed unutterable astonishment, and the Justice, as if scandalized at the proposition, interrupted the counsel, and told hie

”Far from it, please your honor,” answered Tippit, ”but I say we have been guilty of no profanity which, at the proper time, I expect to satisfy the court of We offer the testi to a conclusion, whether the words were spoken or not, because if we prove the prisoner's good character, it is less likely they were uttered by him; and secondly, if your honor should be of opinion that the words were used, in ation of punishment, if, indeed, the court should be disposed to take notice at all of the trifle of which the prisoner stands accused”

Ketchu that the testimony was admissible for either purpose He did not think, he said, that his brother Tippit was able to assist the judgentleman, he advised him to keep the ation of punishreater the respectability of the offender, the greater should be the punishment, both because his education and opportunities should have taught him better, and by way of exaentles and aristocrats ground the people to powder, but he hoped never to see the day, when, in our own free country, a ht do what he pleased because he was respectable

This sentis of almost all present were in favor of Holden, was so decidedly patriotic, that it eneral whispering and rustling a the audience After the sensation had subsided, Justice Miller, with some hesitation, decided to receive the testimony for the present ”It is different,” he said, ”froo to a jury I am both court and jury, and will think it over, and reject it, if I think it should be” With this decision the counsel were obliged to acquiesce, and Tippit proceeded with his testiood character of Holden than the exact occurrence at the , who came into the court in the afternoon, Pownal, and many others, testified to his irreproachable reputation, and were certain that his conduct proceeded from no evil intent

After the testimony had all been taken, followed the speeches of the counsel Ketchu and closing arguments, rose and stated that, as the days were short, and it was growing late, he would waive his right of opening, and reserve what he had to say to the tie that the State had made out so poor a case, that he hardly knehat to reply to, and that in all fairness the counsel for the State ought to enlighten hie thing for a lawyer to desire to be excused froed to Mr Ketchue hi two speeches into one, at the conclusion

S the audience rewarded the Justice for this brilliant display of wit

Hereupon Mr Tippit rose and addressed the court He begun by hinting at the ee, to use his own language, of what his brother Ketchum intended to say For his own part, he had carefully considered the law and evidence, and could not find the shadow of a pretext for detaining the prisoner He then went on to speak of the prisoner hie, his harmless life, and the excellent character he sustained All this, he argued, went to show the ie considered h he wouldin the conference-room, it was i was; that if in this state of things the court not be satisfied what the words were exactly, it was as if no words at all had been uttered, and there were none to be passed upon But ere the words? Here the learned counsel minutely examined the evidence, and arrived at the conclusion, that it was impossible to ascertain the But suppose the words were as testified by soh they are contradicted by others, ”da or profane speaking? The words were two Now, no one would pretend that ”aboe ”The idea is abominable,” said Tippit, ”and I hope brother Ketchu that

What does the other word mean?” Hereupon the counsel referred to a dictionary, to which also we refer our readers ”There you see,” said he, ”there is no harm in it At most, the word can in its present application, be considered only as an intensitive, or the like

The fact is,form of expression, andto leave it to the good sense of those who hear me, as to a jury, to say ifnodded his head at Tippit