most of those within the rail, that is, those who were assured of
regaining admission to the scene, hastened away upon the announcement to
make the most of the opportunity for rest and refreshment. Not so with
the spectators, however; there was scarcely a movement in that compact
mass; for any of them to go was to resign their places to others--and
the sacrifice was too great.
I looked toward Littell in the hope that he would join me at lunch, but
his head was bent over some papers and if he was conscious of my glance
he gave no sign, and so I went out alone.
When I returned he was still in the same attitude and I doubted if he
had left his seat. One by one the others dropped in and resumed their
places until, when the recess had expired and the session was resumed,
all was in readiness to proceed.
There was some delay, however, while the State's officers engaged in
earnest consultation, till the attention of the Judge being attracted
thereby, he looked up and peering inquiringly over his glasses in their
direction said: "Well, gentlemen, are we ready?" At this the junior
arose and asked permission to recall the defendant. General surprise was
manifest at this request, and Littell offered prompt objection to its
concession. In a few words he called attention to the fact that there
had been no such re-direct examination of the defendant as to afford
occasion for re-cross, and further insisted that as the witness had been
permitted to leave the stand he could not be recalled; and he added
pointedly that the prisoner was too exhausted to stand the strain of
further examination--which fact his brother lawyers knew and were
seeking to turn to their advantage. When, at the conclusion of these
words, the District Attorney arose with severe mien to reply himself in
place of his junior, I knew there was coming the usual indignant protest
of injured innocence, and I listened with indifference to its eloquent
vindication and then to the argument that followed. It was the first
tilt of the trial between counsel and as usual proved a source of
entertainment to the spectators, but to me it was weariness. Still, I
gave attention while the lawyer told why he wished to recall the witness
and why he should be allowed to do so, and argued that he had never said
he was through with the witness and had never closed his case--through
all of which the junior nodded approval, and Littell looked bored and
occasionally interrupted, and th
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