“The judge was so completely charmed by Lottie’s brilliant conversation and sparkling wit that he forgot all about the business of his court, and consequently the thirty minute recess was prolonged to an hour, and probably would have gone on indefinitely, but Mr. Quillet reminded him of the McCay case, which had been set for trial that day. “‘Ah, yes, Mr. Quillet,’ said the judge, as he looked at his watch and rose from his seat, ‘I crave your pardon; I was so much fascinated with Miss Wallingford’s conversation that I had entirely lost sight of business. She is the most intellectual woman I ever met. Then her beauty is equal to her talent; the truth is, she is an animated library.’ “‘How could she be otherwise, after being tutored by old Rockland? I hope she is not as cold-hearted as that old iceberg.’ “‘No woman with such a face as hers ever possessed a cold heart, for I think she is the most beautiful woman I ever saw.’ “This conversation was carried on in an undertone, close to where I sat, and notwithstanding I had often heard extravagant encomiums passed on Lottie’s beauty and intellect, I felt a sensation of pleasure at hearing her praised by a man possessing such a solid mind as Judge Flipout. I could scarcely realize the favors that fortune had showered on me, by enabling me to win the heart of a woman whose brilliant mind and dazzling beauty had won the admiration of all who beheld her. “‘The State vs. McCay,’ said the judge, as he resumed his seat and began to turn the leaves of the trial docket. “‘Ready for the State,’ replied Mr. Quillet. “‘Bring in the prisoner, Mr. Sheriff,’ observed the judge. “That officer went into an antechamber and soon returned, followed by a pale-faced little man, whose emaciated appearance indicated the presence of severe illness. He was leaning on the arm of his wife, whose haggard features and sunken “‘Who is your attorney, Mr. McCay?’ inquired the judge, as he began to rub the left side of his nose with the forefinger of his left hand, which he always did when vexed about anything. “‘I have no attorney, sir,’ replied the defendant meekly; ‘I did not have any money to pay a lawyer to defend me.’ “Lottie instantly rose and whispered to Colonel Buff, a lawyer of considerable reputation: “‘Defend that unfortunate man, Colonel Buff, and I will compensate you liberally.’ “The attorney then stepped forward and announced himself as attorney for the defense. “After the indictment was read, the prosecuting witness was ordered to take the stand. He was a large, red-faced man, with a hangdog look on his countenance, while an offensive scent of mean whisky and tobacco pervaded the atmosphere for ten feet in every direction from his filthy body. His evidence was in substance as follows: “‘I was passing along the street near defendant’s residence with a wagon loaded with bacon, and when near his house, one of the wheels of the wagon broke down, causing one of the casks to roll out; falling against the curb-stone, it burst and scattered the meat on the ground. The defendant came and proposed to purchase a side of the bacon, stating that his wife and children were on the verge of starvation, caused by the sickness of himself and wife. I was at first disposed to make the trade with him, and perhaps would have done so, but I soon discovered that he did not have any money to pay for the meat. He begged me to sell it to him on a short credit, making at the same time a most solemn promise that he would pay me as soon as he got able to work. I of course declined to accept his proposition; he then offered to pawn “‘We rest our case here, if the court please,’ said Mr. Quillet, as the villainous looking witness retired from the stand. “‘Have you any witnesses for the defense, Colonel Buff?’ inquired the judge. “‘We will introduce Mrs. McCay for the defense,’ replied Buff. “The poor woman staggered into the witness box, while the half-starved babe was vainly endeavoring to draw a little nourishment from her breast. “‘Mrs. McCay,’ said Colonel Buff, ‘please tell the court and jury all you know about this case.’ “She wiped the fast falling tears from her pale cheeks with the sleeve of her tattered dress, and in a tremulous voice mingled with broken sobs, said: “‘My husband is a railway engineer, and when he was able to work, we did not want for anything; but his health failed, and he was compelled to give up his situation; we did not suffer for food then until I fell ill. When we both lost our health, we were driven to the necessity of selling everything we had in order to buy provisions and medicines. Our condition continued to grow worse until we were driven to the very brink of starvation, when a beautiful angel visited our humble home, and furnished us everything necessary to make us comfortable. She continued to visit our house every day, supplying all our wants, and she engaged the services of a good, kind doctor, who came to see us often, and gave us his medicine and his kind attention. So long as that beautiful angel visited our home, my husband’s health continued to improve, because she not only furnished all the provisions and medicine that we needed, but she was such a kind, gentle nurse, that we all improved while she was with us; but they “‘Edward, that was Viola,’ said Lottie, as she seized my arm and smiled through her tears; ‘Heaven bless that dear girl, do you think now she ever committed murder?’ “‘Before the great Creator, I declare she is not guilty!’ “Mrs. McCay paused a moment to wipe the tears away; while Flipout put the friction heavy on his nose. “‘My father died,’ continued the witness, ‘leaving an estate of ten thousand dollars, and I, being his only child, was entitled to all the money, which (had I received it) would have placed us beyond the reach of want; but the money was paid into the hands of Mr. Anterson, the public administrator, who kept it and refused to pay it to me.’ “‘If the court please,’ said Mr. Quillet, ‘while I deeply sympathize with this unfortunate woman, I must insist that her statement cannot be admitted as evidence in this case.’ “‘I concur with my learned friend,’ said Colonel Buff, ‘and shall not insist on her statement as testimony unless she can tell us something directly bearing on the case.’ “Then, addressing the witness, Colonel Buff propounded the following question: “‘Mrs. McCay, do you know anything about the slice of bacon that is alleged to have been stolen?’ “‘My husband brought home a small piece of bacon, telling me——’ “‘Stop,’ said Quillet, ‘don’t tell anything about what your husband said.’ “‘Then I have nothing more to tell, if you refuse to hear what my husband said, though I know he did not steal the bacon.’ “‘How do you know he did not steal it? “‘Because he told me so.’ “‘We ask your Honor to exclude what defendant said,’ exclaimed Quillet. “‘Certainly,’ replied the judge, ‘the statements of defendant will not go to the jury.’ “‘Any more witnesses, Colonel Buff?’ inquired the court. “After a hurried consultation with his client, the colonel rose and addressed the court: “‘If your Honor please, I have advised the defendant to withdraw his plea of not guilty and throw himself on the mercy of the court, which he has consented to do. I have been induced to take this course because the jury could not, consistently with their oaths, acquit the prisoner in the face of the evidence. This is a case which appeals in the strongest terms to the mercy of the court, and I am sorry that your Honor does not possess the power to discharge the prisoner, because I do conscientiously believe the circumstances would justify your Honor in a course of that kind, and that you would not hesitate to do it if you had the legal authority.’ “‘Mr. McCay,’ said the judge, ‘have you any reason to urge against the sentence of the court?’ “The prisoner rose to his feet with trembling limbs, leaning against a table to steady himself, and said: “‘The prosecuting witness has sworn falsely—I did not steal his bacon; he promised that if I would watch his property until he could go to the shop and get his wagon wheel mended he would give me enough of the meat for our dinner. I agreed to remain and watch the wagon until his return, and with this understanding he went away, leaving me with the property. Some time after he went away I cut off a few pounds of the bacon and carried it home, as I knew my little children were very hungry, intending to go immediately back to my post, but before I had time to return the witness came to my house in a great passion, and charged me with stealing the bacon.’ “As the unfortunate man resumed his seat, Flipout began to rub both sides of his nose furiously and said: “‘The duty which the law imposes upon me in cases of this nature is a very painful one to perform. I cannot escape it, though much I wish I could. The court will take the liberty to say that the prosecuting witness in this case has shown himself to be a cruel, unfeeling wretch, and it is very sorry that it has not power to inflict upon him such punishment as his meanness so richly merits. The punishment in this case is about to fall on the wrong man, consequently the court will make it as light as possible. The sentence of the court is that the defendant be imprisoned in the penitentiary for two years “Lottie now drew her chair near a table, seized a pen, and began to write very rapidly, and continued until she had covered two sheets of paper; then she directed me to hand it to the judge. He adjusted his spectacles and read the document. “‘Mr. Quillet,’ said Flipout, ‘Miss Wallingford has prepared a truthful history of this case, with a petition asking the Governor to grant a pardon, and I shall sign it with a great deal of pleasure, and hope you will do likewise.’ “‘Indeed, sir, you could not ask me to do anything that would afford me more gratification.’ “The judge and Mr. Quillet placed their signatures to the paper, then every lawyer in the room promptly stepped forward and signed it. “‘Now, Edward,’ said Lottie, ‘take this document to the telegraph office, have it sent by wire immediately at my expense, and tell them to send the answer to me without delay.’ “I gladly obeyed her instructions, and more than that, I hurried to Mr. Rockland’s office and prevailed on him to send a private dispatch to the Governor, requesting a favorable consideration of the petition, knowing that the Governor would do anything reasonable to accommodate his friend Rockland. “As soon as I had sent off the dispatches I again made my appearance in the court-room, supposing Lottie would be ready to return home; but in that respect I was very much disappointed. “‘The next case on the docket, Mr. Quillet, is the State against Anterson,’ said the judge. “‘We are ready for the State,’ replied Quillet. “‘Is the defendant in court, Mr. Sheriff?’ “‘Yes,’ replied a fat short man, whose skin appeared to be stretched to its utmost capacity in the effort to cover his ponderous body. “Mr. Anterson then moved to the front with as much dignity as ever General Washington possessed, and announced himself ready for trial. He was exquisitely dressed in glossy black cloth, cut in the most approved style, while a large ring set with diamonds sparkled on one of his fingers, and a costly diamond pin glistened on his bosom. His boots were polished until they looked like the face of a mirror, and his hair “‘Who are your attorneys in this case, Mr. Anterson?’ inquired his Honor. “With a dignified wave of his hand he pointed toward a dozen lawyers who had assembled near their distinguished client. “‘You seem to be well supplied with attorneys, sir,’ observed the judge, as he renewed the friction on his nose. “‘My attorneys are not all present yet, sir,’ said the handsome little man, ‘but we can send for Mr. Rockland and Mr. Bullger, so as to have them here in a few minutes.’ “‘Are you ready to proceed with the case now, gentlemen?’ inquired Flipout, addressing the brigade of lawyers. “‘I believe we are ready,’ replied Mr. Fullbrain, a red-faced lawyer, with large Roman nose, broad mouth and massive jaws. This distinguished lawyer was commonly called Hogjaw, which nickname had been suggested by the striking resemblance between his jaw and that of a fat Berkshire hog. “‘We make a motion to quash the indictment in this case, if your Honor please,’ said Hogjaw, as he held the bill up before the court. “‘State the grounds of your motion, if you please, Mr. Fullbrain,’ exclaimed the judge impatiently, as he began to warm up his nose with his finger, while his keen black eyes sparkled with anger. “Mr. Quillet began to pace up and down the floor with his hands thrust deep in his pockets, while a defiant expression mantled his face. The clerks dropped their pens and moved “Hogjaw surveyed the crowd for a moment, slowly running his eyes over the eager throng, as if inviting them to prepare for the intellectual banquet which he was about to dish out to them; then turning toward the court, he swelled out his brawny chest, as if taking in a supply of wind, which was to be converted into a terrific tornado, with which he expected to blow the attorney-general and his little bill of indictment out of the court-house. “‘If your Honor please,’ began Hogjaw, ‘we think there is a fatal defect in this bill of indictment, a patent incurable defect which must appear as clear as the sun at noontide to the mind of an intelligent court. It is a source of indescribable regret to me, sir, to find such a glaring defect in this bill, as we would have greatly preferred to try this case on its merits, because we are happy to be able to inform your Honor that we are prepared to vindicate the innocence of our client. His distinguished reputation for honor and unblemished integrity—his lacerated feelings—his wounded pride—all cry aloud for redress. We feel an abiding confidence in our ability to clear our distinguished client with the brilliant array of witnesses who are ready to testify to his innocence, but we find the bill of indictment so fatally defective that we are driven to the necessity of making the motion to quash. We would gladly have avoided this course but for the duty which we owe to the legal profession, which tells us that such mistakes should not be encouraged or countenanced by lawyers who profess to have such a feeling as self-respect. Who is the man intended to be indicted under this bill? yes, who is the man? that is the question I dare to ask of this honorable court. This innocent, much injured man has been seized and ruthlessly dragged away from the bosom of his family, and treated as a common malefactor, all of which unpardonable wrongs have been inflicted upon him by the officers of the law acting under a mistaken belief that the grand jury had presented a bill of indictment, into open court against him. Now, sir, I boldly assert in the presence of this honorable “‘“When you can extract the salt from the sea, Then without a cross can you make a t. As sure as fog doth rise, the rain will fall, T without a cross is no t at all.” “‘Now, sir, if that eminent poet was correct in his beautiful composition, which I presume no one will be so bold as to doubt, I think it settles the hash (if I may be allowed the expression) with the motion now under consideration. If a t without a cross is no t at all, then it follows, as a matter of course, that no legal indictment has been filed against my client. If your Honor concedes that the t is not crossed—and that is too plain to admit of doubt—why then, of course, the motion to quash must prevail.’ “After haranguing the court for an hour, Hogjaw dropped, “Mr. Quillet delivered an eloquent and learned argument against the motion, insisting that the defect was such as could be cured by amendment; but he was forced to confess that the t had not been crossed. It was very plain to be seen that the attorney-general was considerably embarrassed, and a lack of confidence appeared on his face, while his actions showed that he had an up-hill business. “As soon as Mr. Quillet resumed his seat, Mr. Rockland, who had been silently watching the progress of the argument, stepped forward and began to address the court, favoring the motion to quash. He commenced by a learned dissertation on the laws of creation which prevailed anterior to the existence of Adam, then gave a graphic sketch of the rules which God laid down for the government of Eden, showing the awful consequences which had resulted from a disobedience of those holy laws. He then came down to the time of Moses, giving a brilliant history of the strict discipline which that great leader enforced in his magnificent army of exodusters, while marching out of the filthy land of Egypt; then taking up the laws of the Medes and Persians, he explained them to the satisfaction of the court; showing clearly wherein they applied particularly to the case under consideration. The renowned advocate then paid his respects to the Koran, citing many passages which he insisted had a direct bearing on the question now before the court; passing on thence to the birth of Christ, he descanted at large on the meekness and suffering of the great Saviour of mankind; and when he began to advert to the vulgar mob of Jews who clamored for the innocent blood of Christ, he compared them to the motley crowd of ill-bred wretches who were clamoring for the innocent blood of Mr. Anterson. When he plunged into the English law, he threw book after book behind him, while he hurled precedents and quotations at the head of the court so thick and rapidly that the judge became completely bewildered. After Mr. Rockland had exhausted the laws of England, “Flipout dropped his head on his hands and remained silent for several moments, evidently bewildered and confused by the vast waves of learning that had rolled over him. At length he rose up, rubbed both sides of his nose with his fingers, re-adjusted his spectacles, coughed two or three times, looked up at the ceiling as if he thought it were going to fall down on his head, then delivered the following learned opinion: “‘The court has listened with exquisite pleasure to the lucid and learned argument made by the attorneys, and it feels profoundly thankful to those wise gentlemen for the valuable assistance which they have rendered in that respect. This case presents many strange and difficult features, such as we very seldom meet with in this country. The court is seriously impressed with the importance of this very peculiar case, because it involves the fortunes of many poor, destitute widows and starving orphans. The defendant is charged with the embezzlement of large sums of money belonging to a class of unfortunate people whose helpless condition cries aloud to the court for protection. The law is made to restrain the strong and to protect the helpless, and it is the duty of the court to enforce the law in such a manner as to attain the end which the makers had in view when the statutes were passed. Unscrupulous men who wantonly trample on the law should have the severest penalties pronounced against them; but we must not lose sight of the fact that no man can be compelled to answer for a felony except upon an indictment presented in open court by a grand jury. The law presumes every man to be innocent until such presumption is overthrown by competent proof; and we all remember the Scriptural maxim that declares it is better that ninety-and-nine guilty persons should escape than that one innocent man should suffer. This being the case, it behooves us to exercise great caution in the administration of the laws. It “‘I suppose,’ said Hogjaw, ‘that all the other bills may be considered as disposed of by this judgment, as they are all in the same category?’ “‘Yes, let all the bills be considered quashed.’ “A grand rush was made toward Mr. Anterson by the lawyers and spectators, who showered congratulations thick and rapid. Every one seemed to be eager to shake his hand, and to offer obsequious congratulations. The little embezzler was placed in a carriage and driven to a saloon, where champagne sparkled—corks flew in all directions—toasts were drunk, and shouts of joy and hilarious laughter were wafted on the breeze. “The poor widow and helpless orphans went on starving all the same. The world wags on, the sun continues to shine, the moon blushes not, the rich robber revels in stolen wealth, while Justice spreads her white wings and bids the world farewell. The starving wretch who steals a slice of meat to feed his starving children must expiate the crime in the penitentiary, while he who steals a million is champagned and worshiped, lionized and petted. “Lottie gave me the benefit of her opinion about courts, lawyers and judges, with a vengeance, and that opinion was anything but a compliment to that class. When court adjourned she beckoned me to follow her, and I knew from the bright sparkle of her pretty eyes, and the manner in which the corners of her mouth hung down, that she had something of importance to communicate. I followed her into a small antechamber adjoining the court-room, where I saw Mrs. McCay weeping over her husband, while the two pretty little twins were sound asleep on the floor. “‘Oh! Charley,’ said the unfortunate woman, as she threw her arms around her husband’s neck, ‘if they take you to prison now, it will kill you. You have been so ill, and you are now so weak, that you cannot live if they start with you to the penitentiary in your present condition.’ “‘Let me die, then; why should I care to live in a world “‘Dear Charley, please do not talk that way, for my poor heart is breaking! If they take you to the penitentiary, they may take me to my grave, for it will kill me to lose you!’ “‘They are not going to take him to the penitentiary yet a while,’ said Lottie, as she lifted Mrs. McCay’s little babe in her arms; ‘I have come to take you and your good husband home; so come along, for the carriage is waiting at the door.’ “Mrs. McCay wiped the tears from her eyes and began to stare at Lottie in a bewildered manner. “‘We cannot go home now, because the sheriff was here a moment ago, and said he would be back soon to take my husband to jail. He told me he was going to take Charley to the penitentiary in the morning.’ “‘But I tell you, Mrs. McCay, that they shall not take your husband to prison; he is a free man—here is a dispatch from the Governor granting a full pardon, and your husband can go where he pleases; so come along and get in the carriage!’ “Mr. McCay fell on his knees at Lottie’s feet, seized her hand and pressed it to his lips, while his wife knelt on the other side and took the other hand. “‘You are a dear angel!’ exclaimed the weeping woman as she pressed Lottie’s hand to her lips. ‘Heaven bless you, we will be your slaves as long as we live!’ “‘No, you will not be my slaves, either, but you shall be my good friends.’ “The whole family was crowded into the carriage, which forced me to take a seat by the driver. Lottie directed the coachman to stop at the nearest provision store, where she handed the salesman a bill of provisions, with orders to have them immediately sent to Mr. McCay’s residence. Soon after we deposited the family at the front gate a dray stopped, and the driver began to place the provisions on the pavement in front of the house. A barrel of flour, a barrel of sugar, a sack of coffee and a cask of hams, with numerous other packages, were soon scattered about on the pavement. “‘Edward,’ said Lottie, as she cast one of her peculiarly “‘Yes,’ I replied. “‘Very well, then you will understand my meaning when I tell you I have started a circumlocution office of my own.’ “‘How is that?’ “‘Mr. Anterson steals ten thousand dollars from Mrs. McCay, and gives Mr. Rockland part of the money to keep him (Anterson) out of the penitentiary; Mr. Rockland gives me the money, I purchase provisions with it, and deliver them to Mrs. McCay.’ “‘That is circumlocution double and twisted!’ “We then took leave of the family who had been made happy by Lottie’s bounty, and drove home. I attempted to embrace Lottie as I assisted her from the carriage. “‘Stop, sir!’ she said, ‘remember the terms of our compact—no love demonstrations until Viola is clear!’ |