with
brass buttons, a buff waistcoat which permitted his frilled shirt-front
to become erectile above it, a black satin stock which confined a boyish
turned-down collar around his full neck, and immaculate drill trousers,
strapped over varnished boots. A murmur ran round the court. "Old
'Personally Responsible' has got his war-paint on;" "The Old War-Horse
is smelling powder," were whispered comments. Yet for all that, the
most irreverent among them recognized vaguely, in this bizarre figure,
something of an honored past in their country's history, and possibly
felt the spell of old deeds and old names that had once thrilled their
boyish pulses. The new District Judge returned Colonel Starbottle's
profoundly punctilious bow. The Colonel was followed by his negro
servant, carrying a parcel of hymn-books and Bibles, who, with a
courtesy evidently imitated from his master, placed one before the
opposite counsel. This, after a first curious glance, the lawyer
somewhat superciliously tossed aside. But when Jim, proceeding to the
jury-box, placed with equal politeness the remaining copies before the
jury, the opposite counsel sprang to his feet.
"I want to direct the attention of the Court to this unprecedented
tampering with the jury, by this gratuitous exhibition of matter
impertinent and irrelevant to the issue."
The Judge cast an inquiring look at Colonel Starbottle.
"May it please the Court," returned Colonel Starbottle with dignity,
ignoring the counsel, "the defendant's counsel will observe that he
is already furnished with the matter--which I regret to say he has
treated--in the presence of the Court--and of his client, a deacon of
the church--with--er--great superciliousness. When I state to your
Honor that the books in question are hymn-books and copies of the Holy
Scriptures, and that they are for the instruction of the jury, to whom
I shall have to refer them in the course of my opening, I believe I am
within my rights."
"The act is certainly unprecedented," said the Judge dryly, "but unless
the counsel for the plaintiff expects the jury to SING from these
hymn-books, their introduction is not improper, and I cannot admit the
objection. As defendant's counsel are furnished with copies also, they
cannot plead 'surprise,' as in the introduction of new matter, and as
plaintiff's counsel relies evidently upon the jury's attention to his
opening, he would not be the first person to distract it." After a pause
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