dant. He desires--to--er--be
--'stayed with flagons'! I am not aware, at present, what kind of
liquor is habitually dispensed at these meetings, and for which the
defendant so urgently clamored; but it will be my duty before this
trial is over to discover it, if I have to summon every barkeeper in
this district. For the moment, I will simply call your attention to
the _quantity_. It is not a single drink that the defendant asks for
--not a glass of light and generous wine, to be shared with his
inamorata--but a number of flagons or vessels, each possibly holding
a pint measure--_for himself_!"
The smile of the audience had become a laugh. The Judge looked up
warningly, when his eye caught the fact that the Colonel had again
winced at this mirth. He regarded him seriously. Mr. Hotchkiss's
counsel had joined in the laugh affectedly, but Hotchkiss himself was
ashy pale. There was also a commotion in the jury-box, a hurried
turning over of leaves, and an excited discussion.
"The gentlemen of the jury," said the Judge, with official gravity,
"will please keep order and attend only to the speeches of counsel.
Any discussion _here_ is irregular and premature--and must be reserved
for the jury-room--after they have retired."
The foreman of the jury struggled to his feet. He was a powerful man,
with a good-humored face, and, in spite of his unfelicitous nickname
of "The Bone-Breaker," had a kindly, simple, but somewhat emotional
nature. Nevertheless, it appeared as if he were laboring under some
powerful indignation.
"Can we ask a question, Judge?" he said, respectfully, although his
voice had the unmistakable Western-American ring in it, as of one who
was unconscious that he could be addressing any but his peers.
"Yes," said the Judge, good-humoredly.
"We're finding in this yere piece, out of which the Kernel hes just
bin a-quotin', some language that me and my pardners allow hadn't
orter to be read out afore a young lady in court--and we want to know
of you--ez a fair-minded and impartial man--ef this is the reg'lar
kind o' book given to gals and babies down at the meetin'-house."
"The jury will please follow the counsel's speech, without comment,"
said the Judge, briefly, fully aware that the defendant's counsel
would spring to his feet, as he did promptly. "The Court will allow us
to explain to the gentlemen that the language they seem to object to
has been accepted by the best theologians for the last thousan
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