ing for the defendant, was trying to
impress upon the jury that the murder had been merely accidental,
inasmuch as the merchant had thrown the missile only in sport, just to
scare away the fellow who was insulting him in his own house; but,
strange to say, no mention was made at all of the note, though everybody
knew perfectly well that the merchant had given it, and that it was a
part of his trade to pass forged notes among his inexperienced
customers. As soon as the lawyer had ended the defence, the merchant was
called upon by the judge to give his own version of what occurred.
He rose:

"Why," said he, "it was just so as has been said. I wished not to hurt
the fellow; but he called me a swindler. Well, I knew the man was in a
passion, and I did not care. I only said, 'How dare you, Sir?' and I
threw the piece of iron just to frighten him. Well, to be sure, the
blackguard fell down like a bull, and I thought it was a humbug. I
laughed and said, 'None of your gammon;' but he was dead. I think the
thing must have struck something on the way, and so swerved against his
head. I wished not to kill the fellow--I be damned if I did."

The jurymen looked at each other with a significant and approving air,
which could be translated as accidental death. Gabriel touched the
merchant upon the shoulder, "You should have said to him, that you
merely wished to kill a musquito upon the wall."

"Capital idea," cried the defendant "I be d----d if it was not a
musquito eating my molasses that I wished to kill, after all."

At that moment one of the jurymen approached the merchant, and addressed
him in a low voice; I could not hear what passed, but I heard the
parting words of the juryman, which were, "All's right!" To this
dispenser of justice succeeded another; indeed, all the jurymen followed
in succession, to have a little private conversation with the prisoner.
At last the judge condescended to cease his whittling, and come to make
his own bargain, which he did openly:

"Any good saddles, Fielding? mine looks rather shabby."

"Yes, by Jingo, a fine one, bound with blue cloth, and silver
nails--Philadelphia-made--prime cost sixty dollars."

"That will do," answered the judge, walking back to his seat.

Ten minutes afterwards the verdict of manslaughter was returned against
the defendant, who was considered, in a speech from the judge,
sufficiently punished by the affliction which such an accident must
produce to a generous m