words with venomous emphasis. Johnny
was unmoved.
"Will you tell the court if the brand I put on this heifer calf or
bull yearling was my brand or Adam Forbes' brand?"
The gavel fell.
"Objection!" barked Wade.
"Sustained. The question is improperly put. The witness need not
answer it. The counsel for the defense need not continue along these
lines. I am quite able to distinguish between evidence and surmise,
between a stated fact and unfair suggestion."
"Does Your Honor mean to insinuate--"
"Sit down, Mr. Wade! Sit down! My Honor does not mean to insinuate
anything. My Honor means to state that you have been trying to throw
dust in my eyes. My Honor wishes to state that you should never have
been allowed to present your evidence in any such shape, and if the
prisoner had been represented by a competent lawyer you would not have
been allowed--"
The judge checked himself; his face fell; he wheeled his chair slowly
and glared at the prisoner with awful solemnity. "Dines! Is that why
you made no objections? So the prosecuting attorney would queer
himself with this court by attempting unfair tactics? Answer me, sir!"
"But is it likely, Your Honor, that I could see ahead as far as that?"
"Humph!" snorted His Honor. He turned back to the prosecuting
attorney. "Mr. Wade, I am keeping cases on you. Your questions have
been artfully framed to lead a simple old man astray--to bewilder him
until he is ready to accept theory, surmise and suggestion as
identical with a statement of facts or statements purporting to be
facts. I'm simple and old, all right--but I never did learn to lead."
Mr. Benjamin Attlebury Wade sprang to his feet.
"Your Honor, I protest! You have been openly hostile to the
prosecution from the first."
"Ah!" said the judge mildly. "You fear my remarks may unduly influence
my decision--is that it? Calm yourself, Mr. Wade. I cannot say that I
blame you much, however. You see, I think United States, and when I
have to translate into the customary idiomcies of the law I do a bum
job." He turned his head and spoke confidentially to the delighted
court room. "Boys, it's gettin' me!" he said. "Did you hear that
chatter I put out, when all I wanted to say was that I still knew
sugar from salt and sawdust from cornmeal--also, in any case of
extreme importance, as hereinbefore mentioned, and taking in
consideration the fine and subtle nuisances of delicate thought, as
it were, whereas, being then
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