hould say. Probably more."

"Did you see Adam Forbes' horse--no, you told us that. But you saw my
horse when you arrested me?"

"Yes."

"Was my horse a small horse or a large one?"

"A small one."

Johnny rose and strolled to the window.

"Well, about how high?"

"About fourteen hands. Possibly an inch more."

"Would you know my horse again?"

"Certainly."

"So you could swear to him?"

"Yes."

"What color was he?"

"A _grullo_--a very peculiar shade of _grullo_--a sleek glossy,
velvety blue."

"Was he thin or fat?"

"Neither. Smooth--not fat."

"Did you notice his brand?"

"Of course."

"Describe it to the court."

"He was branded K I M on the left hip."

"On which side did his mane hang?"

"On the left."

"Thank you. Now, Mr. Hales, would you describe me as a large man or a
small one?"

Hales looked an appeal to the prosecutor.

"I object to that question--improper, irrelevant, incompetent and
immaterial. And that is not all. This man, this man Dines, is arguing
the case as he goes along, contrary to all rule."

"I like it that way," observed the judge placidly. "If he makes his
point as the evidence is given, I'm not likely to miss any bets, as I
might do if he waited for the summing up."

"I objected to the question," snapped the prosecutor. "I demand your
ruling."

"Has the defense anything to offer? That question would certainly seem
to be superfluous on the face of it," said the court, mildly.

"Your Honor," said Johnny, "I want to get this down on the record in
black and white. Someone who has never seen me may have to pass on
this evidence before we get done. I want that person to be sure of my
size."

"Objection overruled."

"Please describe me--as to size--Mr. Hales."

"A very small man," answered Hales sulkily.

"In your opinion, when I shot Adam Forbes did I stand on my saddle? Or
could I have inflicted a wound such as you have described by simply
kneeling on my saddle--"

"I object!"

"--if Adam Forbes rode a horse big enough to carry his weight, and I
rode a horse fourteen hands high?"

Wade leaped to his feet and flung out his hands. "I object!" he
shrilled.

"Objection sustained. The question is most improper. I shall instruct
myself to disregard it in making my decision."

"That's all," said Johnny Dines; and sat down.

"Any more witnesses for the prosecution, Mr. Wade?"

"No, sir. The prosecution rests."

The judge turned back to Johnny. "Wit