d from a large book the journal of the court
of the previous day and then handed the book to the judge to be
signed. When this ceremony was completed, the judge took up the court
calender and said,--

"The State _v._ Richard Kildene," and turning to the lawyers engaged
in the case added, "Gentlemen, are you ready?"

"We are ready," answered the District Attorney.

"Bring in the prisoner."

When Harry entered the court room in charge of the sheriff, he looked
neither to the right nor to the left, and saw no one before him but
his own counsel, who arose and extended a friendly hand, and led him
to a seat beside himself within the bar.

Nathan Goodbody then rose, and, addressing the court with an air of
confident modesty, as if he were bringing forward a point so strong as
to require nothing more than the simple statement to give it weight,
said:--

"If the court please, the defense is ready, but I have noticed, as no
doubt the court has noticed, a distinguished member of this bar
sitting with the District Attorney as though it were intended that he
should take part in the trial of this case, and I am advised that he
intends to do so. I am also advised that he is in the employ of the
complaining witness who sits beside him, and that he has received, or
expects to receive, compensation from him for his services. I desire
at the outset of this case to raise a question as to whether counsel
employed and paid by a private person has a right to assist in the
prosecution of a criminal cause. I therefore object to the appearance
of Mr. Hibbard as counsel in this case, and to his taking any part in
this trial. If the facts I have stated are questioned, I will ask
Elder Craigmile to be sworn."

The court replied: "I shall assume the facts to be as stated by you
unless the counsel on the other side dissent from such a statement.
Considering the facts to be as stated, your objection raises a novel
question. Have you any authorities?"

"I do not know that the Supreme Court of this State has passed upon
this question. I do not think it has, but my objection finds support
in the well-established rule in this country, that a public prosecutor
acts in a quasi-judicial capacity. His object, like that of the court,
should be simple justice. The District Attorney represents the public
interest which can never be promoted by the conviction of the
innocent. As the District Attorney himself could not accept a fee or
reward from priva