The twins stood up. "Now,
Mr. Rogers, please stand behind them."
A Voice: "No, stand in front!" (Laughter. Silenced by the court.)
Another Voice: "No, give Tommy another highst!" (Laughter. Sharply
rebuked by the court.)
"Now, then, Mr. Rogers, two kicks shall be delivered, one after the
other, and I give you my word that at least one of the two shall be
delivered by one of the twins alone, without the slightest assistance
from his brother. Watch sharply, for you have of to render a decision
without any if's and ands it." Rogers bent himself behind the twins with
palms just above his knees, in the modern attitude of the catcher at a
baseball match, and riveted eyes on the pair of legs in front of him.
"Are you ready, Mr. Rogers?"
"Ready sir."
The kick, launched.
"Have you got that one classified, Mr. Rogers?"
"Let me study a minute, sir."
"Take as much time as you please. Let me know when you are ready."
For as much as a minute Rogers pondered, with all eyes and a breathless
interest fastened upon him. Then he gave the word: "Ready, sir."
"Kick!"
The kick that followed was an exact duplicate of the first one.
"Now, then, Mr. Rogers, one of those kicks was an individual kick, not a
mutual one. You will now state positively which was the mutual one."
The witness said, with a crestfallen look:
"I've got to give it up. There ain't any man in the world that could
tell t'other from which, sir."
"Do you still assert that last night's kick was a mutual kick?"
"Indeed, I don't, sir."
"That will do, Mr. Rogers. If my brother Allen desires to address the
court, your honor, very well; but as far as I am concerned I am ready to
let the case be at once delivered into the hands of this intelligent jury
without comment."
Mr. Justice Robinson had been in office only two months, and in that
short time had not had many cases to try, of course. He had no knowledge
of laws and courts except what he had picked up since he came into
office. He was a sore trouble to the lawyers, for his rulings were
pretty eccentric sometimes, and he stood by them with Roman simplicity
and fortitude; but the people were well satisfied with him, for they saw
that his intentions were always right, that he was entirely impartial,
and that he usually made up in good sense what he lacked in technique,
so to speak. He now perceived that there was likely to be a miscarriage
of justice here, and he rose to
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