me
that the borrower is not offering him a bad check. There is a
tacit representation that the check is good or that the maker has
funds in the bank to meet it."

"True--true!" nodded his Honor. "There is something in what you
say. What answer can you make to that, Brother Gottlieb?"

"I have a hundred good arguments," replied the lawyer in a low
tone. Then he added briskly: "But the intent, your Honor! There
can be no crime without a wrongful intent; and how can there have
been any such when my client honestly believed that he had the
money in the bank to meet the check?"

"But," cried the other, "he knew very well he had not!"

"What evidence have you to that effect?" queried Gottlieb. "You
say so, to be sure, but I, on the contrary, assert that he was
perfectly honest in the matter. Now, there is absolutely nothing
in this case to prove that he had any guilty knowledge to the effect
that his account was too low to meet the draft in question. You
have proven no scienter whatever."

"Ah!" exclaimed the judge. "That is it! You have shown no
scienter!"

"Exactly!" cried Gottlieb--"no scienter at all."

"But how in the world could I have proved a scienter?" wrathfully
demanded the lawyer. "I can't pry open the prisoner's skull and
exhibit his evil intent."

"No, but you could have shown that he knew he had only a few dollars
in the bank by the fact that he had previously tried to cash a
similar check and that it had been returned. In any event, my own
mind is clear on the subject. You have shown no scienter. The
prisoner is discharged."

Poor Toby was so overcome by his unexpected release that he began
to stammer out incoherent expressions of gratitude to the judge,
such as "Oh, thank you, your Honor! God bless your Honor! Thank
you, your Honor! I am an innocent man, your Honor!" until Gottlieb,
grasping him by the arm, dragged him away from the rail and pushed
him into the street. The complainant and his attorney indignantly
followed us, the former loudly deploring the way modern justice
was administered. Once outside Gottlieb shook hands with Toby and
told him if he were ever in trouble again to look him up without
fail. Toby promised gratefully to do so, and the lawyer was about
to leave us and enter his office when it occurred to me that he
still had my friend's roll of bills.

"But, Mr. Gottlieb," said I, "you are going to return Mr. Robinson's
money to him, are you not?"

"What!