pplication for a new trial is signed--

[Illustration: signature]

The new trial was refused. Roselius took an appeal. The judge "allowed"
it, fixing the amount of Salome's bond at $2000. Frank Schuber gave the
bond and the case went up to the Supreme Court.

In that court no witnesses were likely to be examined. New testimony was
not admissible; all testimony taken in the inferior courts "went up" by
the request of either party as part of the record, and to it no addition
could ordinarily be made. The case would be ready for argument almost at
once.

XII.

BEFORE THE SUPREME COURT.

Once more it was May, when in the populous but silent court-room the clerk
announced the case of Miller _versus_ Louis Belmonti, and John F. Miller,
warrantor. Well-nigh a year had gone by since the appeal was taken. Two
full years had passed since Madame Karl had found Salome in Belmonti's
cabaret. It was now 1845; Grymes was still at the head of one group of
counsel, and Roselius of the other. There again were Eva and Salome,
looking like an elder and a younger sister. On the bench sat at the right
two and at the left two associate judges, and between them in the middle
the learned and aged historian of the State, Chief-Justice Martin.

The attorneys had known from the first that the final contest would be
here, and had saved their forces for this; and when on the 19th of May the
deep, rugged voice of Roselius resounded through the old Cabildo, a
nine-days' contest of learning, eloquence, and legal tactics had begun.
Roselius may have filed a brief, but I have sought it in vain, and his
words in Salome's behalf are lost. Yet we know one part in the defense
which he must have retained to himself; for Francis Upton was waiting in
reserve to close the argument on the last day of the trial, and so
important a matter as this that we shall mention would hardly have been
trusted in any but the strongest hands. It was this: Roselius, in the
middle of his argument upon the evidence, proposed to read a certain
certified copy of a registry of birth. Grymes and his colleagues instantly
objected. It was their own best gun captured and turned upon them. They
could not tolerate it. It was no part of the record, they stoutly
maintained, and must not be introduced nor read nor commented upon. The
point was vigorously argued on both sides; but when Roselius appealed to
an earlier decision of the same court the bench decided that, as then, so