profane
language.

"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 testimony now for two purposes:
first, to assist the judgment of the court in coming 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 mitigation of punishment, if, indeed, the court should be
disposed to take notice at all of the trifle of which the prisoner
stands accused."

Ketchum reiterated his objections, denying that the testimony was
admissible for either purpose. He did not think, he said, that his
brother Tippit was able to assist the judgment of the court a great
deal; as for judgment, the article was so scarce with a certain
gentleman, he advised him to keep the modicum he had for his own
use. So far as mitigation of punishment was concerned, he thought the
greater 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 example to others, in like case to
offend. The doctrine of the gentleman, he added, might do well enough
where kings and aristocrats ground the people to powder, but he hoped
never to see the day, when, in our own free country, a man might do
what he pleased because he was respectable.

This sentiment, notwithstanding the feelings of almost all present
were in favor of Holden, was so decidedly patriotic, that it met
the most favorable reception, and there was a general whispering and
rustling among 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, "from allowing evidence to go 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 testimony.

It was easier to prove the good character of Holden than the exact
occurrence at the meeting. Judge Bernard, Mr. Armstrong, 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 tak