at some of his
fellow-conspirators had misgivings that maybe he had not comprehended,
after all, that this was merely a joke. An unearthly stillness
prevailed, for at the slightest noise the judge uttered sternly the
command:
"Order in the Court!"
And the sheriffs promptly echoed it. Presently the General elbowed his
way through the crowd of spectators, with his arms full of law-books, and
on his ears fell an order from the judge which was the first respectful
recognition of his high official dignity that had ever saluted them, and
it trickled pleasantly through his whole system:
"Way for the United States Attorney!"
The witnesses were called--legislators, high government officers,
ranchmen, miners, Indians, Chinamen, negroes. Three fourths of them were
called by the defendant Morgan, but no matter, their testimony invariably
went in favor of the plaintiff Hyde. Each new witness only added new
testimony to the absurdity of a man's claiming to own another man's
property because his farm had slid down on top of it. Then the Morgan
lawyers made their speeches, and seemed to make singularly weak ones
--they did really nothing to help the Morgan cause. And now the General,
with exultation in his face, got up and made an impassioned effort; he
pounded the table, he banged the law-books, he shouted, and roared, and
howled, he quoted from everything and everybody, poetry, sarcasm,
statistics, history, pathos, bathos, blasphemy, and wound up with a grand
war-whoop for free speech, freedom of the press, free schools, the
Glorious Bird of America and the principles of eternal justice!
[Applause.]
When the General sat down, he did it with the conviction that if there
was anything in good strong testimony, a great speech and believing and
admiring countenances all around, Mr. Morgan's case was killed.
Ex-Governor Roop leant his head upon his hand for some minutes, thinking,
and the still audience waited for his decision. Then he got up and stood
erect, with bended head, and thought again. Then he walked the floor
with long, deliberate strides, his chin in his hand, and still the
audience waited. At last he returned to his throne, seated himself, and
began impressively:
"Gentlemen, I feel the great responsibility that rests upon me this day.
This is no ordinary case. On the contrary it is plain that it is the
most solemn and awful that ever man was called upon to decide.
Gentlemen, I have listened attentively
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