. Tutt.
The judge smiled.
"I don't see why not!" he declared. "There isn't any precedent as far as
I am aware. But he says he believes in the Deity. Isn't that enough?"
"Not unless he believes that the Deity will punish him if he breaks his
oath," answered Mr. Tutt. "Let me try him on that?"
"Ah Fong, do you think God will punish you if you tell a lie?"
Fong looked blank. The interpreter fired a few salvos.
"He says it makes a difference the kind of oath."
"Suppose it is a promise to tell the truth?"
"He says what kind of a promise?"
"A promise on the Bible," answered Mr. Tutt patiently.
"He says what god you mean!" countered the interpreter.
"Oh, any god!" roared Mr. Tutt.
The interpreter, after a long parley, made reply.
"Ah Fong says there is no binding oath except on a chicken's head."
Judge Bender, O'Brien and Mr. Tutt gazed at one another helplessly.
"Well, there you are!" exclaimed the lawyer. "Mr. O'Brien's oath wasn't
any oath at all! What kind of a chicken's head?"
"A white rooster."
"Quite so!" nodded Mr. Tutt. "Your Honor, I object to this witness being
sworn by any oath or in any form except on the head of a white rooster!"
"Well, I don't happen to have a white rooster about me!" remarked
O'Brien, while the jury rocked with glee. "Ask him if something else
won't do. A big book for instance?"
The interpreter put the question and then shook his head. According to
Ah Fong there was no virtue in books whatever, either large or small. On
some occasions an oath could be properly taken on a broken plate--also
white--but not in murder cases. It was chicken or nothing.
"Are you not willing to waive the formality of an oath, Mr. Tutt?" asked
the judge in slight impatience.
"And wave my client into the chair?" demanded the lawyer. "No, sir!"
"I don't see what we can do except to adjourn court until you can
procure the necessary poultry," announced Judge Bender. "Even then we
can't slaughter them in court. We'll have to find some suitable place!"
"Why not kill one rooster and swear all the witnesses at once?"
suggested Mr. Tutt in a moment of inspiration.
* * * * *
"My God, chief!" exclaimed O'Brien at four o'clock. "There ain't a white
rooster to be had anywhere! Hens, yes! By the hundred! But roosters are
extinct! Tomorrow will be the twenty-first day of this prosecution and
not a witness sworn yet."
However, a poultryman was pres
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