hat I had anything to say in the matter. If your
client has been injured by my fault or mistake I will gladly reimburse
him as handsomely as you wish."
O'Brien gasped. Then he made a funnel of his hands and whispered toward
the bench: "Take it away, for heaven's sake!"
"That is all!" remarked Mr. Tutt with deep sarcasm, making an elaborate
bow in the direction of Mr. Hepplewhite. "Thank you for your excellent
intentions!"
A snicker followed Mr. Hepplewhite as he dragged himself back to his
seat among the spectators.
He felt as though he had passed through a clothes wringer. Dimly he
heard Mr. Tutt addressing the court.
"And I move, Your Honor," the lawyer was paying, "that you take the
counts for burglary in the first, second and third degrees away from the
jury on the ground that there has been a complete failure of proof that
my client broke into the house of this man Hepplewhite either by night
or by day, or that he assaulted anybody or stole anything there, or ever
intended to."
"Motion granted," agreed the judge. "I quite agree with you, Mr. Tutt.
There is no evidence here of any breaking. In fact, the inferences are
all the other way."
"I further move that you take from the consideration of the jury the
remaining count of illegally entering the house with intent to commit a
crime and direct the jury to acquit the defendant for lack of evidence,"
continued Mr. Tutt.
"But what was your client doing in the house?" inquired the judge. "He
had no particular business in it, had he?"
"That does not make his presence a crime, Your Honor," retorted the
lawyer. "A man is not guilty of a felony who falls asleep on my haycock.
Why should he be if he falls asleep in my bed?"
The judge smiled.
"We have no illegal entry statute with respect to fields or meadows, Mr.
Tutt," he remarked good-naturedly. "No, I shall be obliged to let the
jury decide whether this defendant went into that house for an honest
or dishonest purpose. It is clearly a proper question for them to pass
upon. Proceed with your case."
Now when, as in the case of the Hepplewhite Tramp, the chief witness for
the prosecution throws up his hands and offers to repay the defendant
for the wrong he has done him, naturally it is all over but the
shouting.
"There is no need for me to call the defendant," Mr. Tutt told the
court, "in view of the admissions made by the last witness. I am ready
to proceed with the summing up."
"As you dee
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