id the judge in a quiet tone,
"that this question of identity should be settled as an essential
preliminary to further proceedings."

"May it please your honor," said Mr. Balfour, rising, "I did not suppose
it possible, after the plaintiff had actually appeared in court, and
shown himself to the defendant, that this question of identity would be
mooted or mentioned. The defendant must know that I have witnesses
here--that I would not appear here without competent witnesses--who will
place his identity beyond question. It seems, however, that this case is
to be fought inch by inch, on every possible ground. As the first
witness upon this point, I shall call for James Fenton."

"Jest call me Jim," said the individual named, from his distant seat.

"James Fenton" was called to the stand, and Mr. Benedict stepped down.
Jim advanced through the crowd, his hair standing very straight in the
air, and his face illumined by a smile that won every heart in the
house, except those of the defendant and his counsel. A war-horse going
into battle, or a hungry man going to his dinner, could not have
manifested more rampant alacrity.

"Hold up your right hand," said the clerk.

"Sartin," said Jim. "Both on 'em if ye say so."

"You solemnly swear m-m-m-m-m-m-m-m-so help you God!"

"I raally wish, if ye ain't too tired, that ye'd say that over agin,"
said Jim. "If I'm a goin' to make a Happy David, I want to know what it
is."

The clerk hesitated, and the judge directed him to repeat the form of
the oath distinctly. When this was done, Jim said: "Thank ye; there's
nothin' like startin' squar."

"James Fenton," said Mr. Balfour, beginning a question.

"Jest call me Jim: I ain't no prouder here nor I be at Number Nine,"
said the witness.

"Very well, Jim," said Mr. Balfour smiling, "tell us who you are."

"I'm Jim Fenton, as keeps a hotel at Number Nine. My father was an
Englishman, my mother was a Scotchman, I was born in Ireland, an' raised
in Canady, an' I've lived in Number Nine for more nor twelve year,
huntin', trappin' an' keepin' a hotel. I hain't never ben eddicated, but
I can tell the truth when it's necessary, an' I love my friends an' hate
my enemies."

"May it please the Court," said Mr. Cavendish with a sneer, "I beg to
suggest to the plaintiff's counsel that the witness should be required
to give his religious views."

Mr. Belcher laughed, and Mr. Cavendish sniffed his lips, as if they had
said a good thing