l marriage
anywhere followed by a marriage, legal or otherwise, in New York County,
it recites no crime, and my client must be acquitted. Is not that the
law, Your Honor?"
Judge Russell quickly hid a smile and turned to the moribund Caput.
"Mr. Magnus, have you anything to say in reply to Mr. Tutt's argument?"
he asked. "If not--"
But no response came from Caput Magnus. He was past all hearing,
understanding or answering. He was ready to be carried out and buried.
"Well, all I have got to say is--" began the foreman disgustedly.
"You do not have to say anything!" admonished the judge severely. "I
will do whatever talking is necessary. A little more care in the
preparation of the indictment might have rendered this rather absurd
situation impossible. As it is, I must direct an acquittal. The
defendant is discharged upon this indictment. But I will hold him in
bail for the action of another grand jury."
"In which event we shall have another equally good defense, Your Honor,"
Mr. Tutt assured him.
"I don't doubt it, Mr. Tutt," returned the judge good-naturedly. "Your
client seems to have loved not wisely but too well." And they all poured
out happily into the corridor--that is, all of them except Caput and the
two ladies, who remained seated upon their bench gazing fiercely and
disdainfully at each other like two tabby cats on a fence.
"So you're not married to him, either!" sneered Miss Woodcock.
"Well, I'm as much married to him as you are!" retorted Miss Startup
with her nose in the air.
Then instinctively they both turned and with one accord looked
malevolently at Caput, who, seeing in their glance something which he
did not like, slipped stealthily from his chair and out of the room,
leaving ignominiously behind him upon the floor his precious volume
entitled "How to Try a Case"!
"That Sort of Woman"
"Judge not according to the appearance."--John VII: 24.
"Tutt," said Mr. Tutt, entering the offices of Tutt & Tutt and hanging
his antediluvian stovepipe on the hat-tree in the corner, "I see by the
morning paper that Payson Clifford has departed this life."
"You don't say!" replied the junior Tutt, glancing up from the letter he
was writing. "Which one,--Payson, Senior, or Payson, Junior?"
"Payson, Senior," answered Mr. Tutt as he snipped off the end of a stogy
with the pair of nail scissors which he always carried in his vest
pocket.
"In that case, it's too bad," remarked
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