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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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