bent upon
the prosecutor to make some sort of a statement, but the attorney for
the defence interposed. He moved for the discharge of the prisoner on
the ground that there was no Territorial law and no city ordinance
violated; he pointed out that Heart's Desire was not a city, neither a
town, but had never been organized, established, or begun, even to the
extent of the filing of a town site plat; he therefore denied the
existence of any municipal law, since there had never been any
municipality; he intimated that the pig had perhaps been killed
accidentally, or perhaps in self-defence; it was plain that the
prisoner was wrongfully restrained of his liberty, etc.

The ire of Blackman, J. P., at all this was something to behold. He to
be deprived of his opportunity thus lightly? Hardly! He overruled the
objections at once, and rapped loudly for order.

"The trile will go on," said he.

"Then, your Honor," cried Dan Andersen, springing to his feet, "then I
shall resort to the ancient bulwark of our personal liberties. I shall
sue out a writ of _habeas corpus_, and take this prisoner out of
custody. I'll sue this court on its bond! I'll take a change of
venue! We'll leave no stone unturned to set this innocent man free and
restore him to the bosom of his family!"

This speech produced a great effect on the audience, as murmurs of
approbation testified, but the doughty Justice of the Peace was not so
easily to be reckoned with. He pointed out that there was no officer
to serve a writ of _habeas corpus_; that the court had given no bond
to anybody and did not propose to do so; that there was no other court
to which to apply for a change of "vendew," as he termed it; and
reiterated once more that the "trile must go on." The prosecution was,
therefore, once more called upon to state the case. Again the attorney
for the defence protested, a foreshadowing of his fighting blood
reddening his face.

"I call for a jury," said he. "Does this court suppose we are going to
leave the liberty of this prisoner in the hands of a judge openly and
notoriously prejudiced as to the facts of this case? I demand a trial
by a jury of the defendant's peers."

Blackman reddened, but was game. "Jury goes," said he. "Count out
twelve fellers there, beginnin' next the door."

"Twelve!" said Dan Andersen, for the moment almost losing his gravity.
"I thought this court might be content with six for a justice's jury;
but realizin