m wise," answered the judge. "Proceed then."

Through a blur of sight and sound Mr. Hepplewhite dimly heard Mr. Tutt
addressing the jury and saw them lean forward to catch his every word.

Beside him Mr. Edgerton was saying protestingly: "May I ask why you made
those fool statements on the witness stand?"

"Because I didn't want an innocent man convicted," returned Mr.
Hepplewhite tartly.

"Well, you'll get your wish!" sniffed his lawyer. "And you'll get soaked
for about twenty thousand dollars for false arrest!"

"I don't care," retorted the client. "And what's more I hope Mr. Tutt
gets a substantial fee out of it. He strikes me as a lawyer who knows
his business!"

The oldest and fattest court officers, men so old and fat that they
remembered the trial of Boss Tweed and the days when Delancey Nicoll was
the White Hope of the Brownstone Court House--declared Mr. Tutt's
summation was the greatest that ever they heard. For the shrewd old
lawyer had an artist's hand with which he played upon the keyboard of
the jury and knew just when to pull out the stops of the _vox humana_ of
pathos and the grand diapason of indignation and defiance. So he began
by tickling their sense of humor with an ironic description of afternoon
tea at Mr. Hepplewhite's, with Bibby and Stocking as chief actors, until
all twelve shook with suppressed laughter and the judge was forced to
hide his face behind the _Law Journal_; ridiculed the idea of a criminal
who wanted to commit a crime calmly going to sleep in a pink silk bed in
broad daylight; and then brought tears to their eyes as he pictured the
wretched homeless tramp, sick, footsore and starving, who, drawn by the
need of food and warmth to this silk nest of luxury, was clubbed,
arrested and jailed simply because he had violated the supposed sanctity
of a rich man's home.

The jury watched him as intently as a dog watches a piece of meat held
over its nose. They smiled with him, they wept with him, they glared at
Mr. Hepplewhite and they gazed in a friendly way at Schmidt, whom Mr.
Tutt had bailed out just before the trial. The very stars in their
courses seemed warring for Tutt & Tutt. In the words of Phelan: "There
was nothing to it!"

"Thank God," concluded Mr. Tutt eloquently, "that in this land of
liberty in which we are privileged to dwell no man can be convicted of a
crime except by a jury of his peers--a right sacred under our
Constitution and inherited from Magna Charta, th