d, and he still lingered in
the East. In the spring before he left Newbury, he had spent much time
in examining the case, looking up the witnesses, and with such aid as
his brother, the Colonel, could give, their names had been obtained
and they were all subpoenaed to attend. Among them were two or three
old hunters and soldiers, on the Western frontier.

Ford was in the case, and had made up the issue, and at the trial,
Bart had intended to secure the aid of Wade or Hitchcock. Except
himself, no one knew much of the case, and none had confidence that
Cole would prevail in the trial, and a general feeling of despondency
prevailed as to his prospect. On the afternoon of the third Monday,
Bart reached Chardon, from Albany, secured a room, assembled his
witnesses, talked up the matter with the old hunters, and by his
quiet, modest confidence, and quick, ready knowledge of all the
details, he at once put a new aspect upon the defence. Wade was also
in Chardon, and on that evening, Bart laid his programme before him
and Ford, who were not more than half convinced, and it was arranged
that Bart should go forward with the case, to be backed and sustained
by his seniors.

On the next morning he made his first appearance in Court, and in
person, air and manner, he had become one to arrest attention, in a
crowd, such as thronged the court room; and when his name transpired,
he was at once identified as a prominent person in the detection and
arrest of Brown & Co., whose name had become widely known; and men
scanned him with unusual interest. Some noticed and commented upon the
brown moustache, that shaded the rather too soft and bland mouth; and
observed the elegant tone of his dress, which, when it was examined,
resolved itself rather into the way his clothes were worn. Ford
introduced him to the lawyers present, with whom his quiet, modest
manner deepened the impression made by his person. As he took his
seat, his eye fully met the eager gaze of Judge Markham, from the
bench. Bart felt the earnest, anxious look of the Judge, and the Judge
thought he saw a shadow of sadness in the frank eyes of Bart.

A case on trial ran until late in the afternoon, when Fisk _vs_. Cole
was called, was ready, and a jury sworn. Mr. Kelly, of Cleveland,
appeared for the plaintiff, a very accomplished lawyer and a courteous
gentleman. He produced the record of the old Conn. Land Co., an
allotment and map of the lands showing that the tract in di