mblem for King
David's smooth, round stone which he flung at Goliath, we should call it
the truth--for the truth never fails to reach the mark. Austen's opening
was not long, his words simple and not dramatic, but he seemed to charge
them with something of the same magnetic force that compelled people to
read and believe "Uncle Ton's Cabin" and the "Song of the Shirt."
Spectators and jury listened intently.

Some twenty witnesses appeared for the plaintiff, all of whom declared
that they had heard neither bell nor whistle. Most of these witnesses had
been in the grove, two or three in the train; two, residents of the
vicinity, testified that they had complained to the Railroad Commission
about that crossing, and had received evasive answers to the effect that
it was the duty of citizens to look out for themselves. On
cross-examination they declared they had no objection to grade crossings
which were properly safeguarded; this crossing was a death-trap.
(Stricken out.) Mr. Billings made the mistake of trying to prove that one
of these farmers--a clear-eyed, full-chested man with a deep voice--had
an animus against the railroad dating from a controversy concerning the
shipping of milk.

"I have an animus, your Honour," said the witness, quietly. "When the
railrud is represented by the kind of politicians we have in Putnam, it's
natural I should hain't it?"

This answer, although stricken out, was gleefully received.

In marked contrast to the earnestness of young Mr. Vane, who then rested,
Mr. Billings treated the affair from the standpoint of a man of large
practice who usually has more weighty matters to attend to. This was so
comparatively trivial as not to be dignified by a serious mien. He quoted
freely from the "Book of Arguments," reminding the jury of the debt of
gratitude the State owed to the Northeastern Railroads for doing so much
for its people; and if they were to eliminate all grade crossings, there
would be no dividends for the stockholders. Besides, the law was that the
State should pay half when a crossing was eliminated, and the State could
not afford it. Austen had suggested, in his opening, that it was cheaper
for the railroad as well as the State to kill citizens. He asked
permission to inquire of the learned counsel for the defence by what
authority he declared that the State could not afford to enter into a
policy by which grade crossings would gradually be eliminated.

"Why," said Mr. Billing