" to direct the attention Court unprecedented tampering jury, gratuitous exhibition of matter impertinent and irrelevant issue "

The Judge cast an inquiring look at Colonel Starbottle

"May it please the Court," returned Colonel Starbottle with dignity, ignoring the counsel, "the defendant's counsel will observe that already furnished matter--which he has treated-- presence Court--and client, deacon church--with--er---great superciliousness When I state to your Honor books are hymn-books and copies _Holy Scriptures_, and instruction jury, to refer them course opening, I believe within my rights "

"The act is certainly unprecedented," said the Judge, dryly, "but unless the counsel plaintiff expects the jury to sing hymn-books, their introduction improper, and admit the objection As defendant's counsel are furnished with copies also, plead 'surprise,' as introduction of new matter, and as plaintiff's counsel relies evidently jury's attention opening, the first person to distract it " After pause he added, addressing the Colonel, who remained standing, "The Court is , sir; proceed "

But the Colonel remained motionless and statuesque, with folded arms

" overruled the objection," repeated the Judge; " go on "

" waiting, your Honor, --er--withdrawal defendant's counsel word 'tampering,' as refers to myself, and of 'impertinent,' as refers sacred volumes "

"The request is proper one, and acceded to," returned the Judge, quietly The defendant's counsel rose and mumbled few words of apology, incident closed , however, general feeling Colonel had in some way "scored," and if his object to excite the greatest curiosity books, he had made his point

But impassive victory, he inflated his chest, right hand breast buttoned coat, and began His usual high color had paled slightly, but the small pupils prominent eyes glittered like steel The young girl leaned forward in her chair with an attention so breathless, sympathy so quick, and an admiration so artless and unconscious that in an instant she divided speaker the attention whole assemblage very hot; the court was crowded to suffocation; even the open windows revealed crowd of faces outside the building, eagerly following the Colonel's words

remind the jury that only few he stood there advocate of powerful company, then represented present defendant He spoke then champion of strict justice against legal oppression; no less should he to-day champion the cause unprotected comparatively defenseless--save paramount power which surrounds beauty and innocence--even though the plaintiff of yesterday defendant of to-day As he approached the court moment ago he had raised his eyes and beheld the starry flag flying from its dome--and that glorious banner was symbol perfect equality, under the Constitution, rich poor, the strong weak--an equality which made the simple citizen taken plough veld, the pick gulch, or from behind the counter mining town, who served jury, the equal arbiters of justice highest legal luminary whom they were proud to welcome bench to-day The Colonel paused, with stately bow impassive Judge It , he continued, which lifted his heart as he approached the building And yet--he had entered it with an uncertain--he might almost say--a timid step And why ? , gentlemen, about to confront profound--aye ! sacred responsibility ! Those hymn-books and holy writings handed jury were not_, as his Honor surmised, of enabling the jury to indulge in--er--preliminary choral exercise ! He might, indeed, say "alas not ! " They were the damning, incontrovertible proofs perfidy defendant And prove as terrible warning to him fatal characters upon Belshazzar's wall strong sensation Hotchkiss turned sallow green His lawyers assumed careless smile

his duty them was not one ordinary "breach-of-promise" cases which were too often the occasion of ruthless mirth and indecent levity courtroom The jury would find nothing here, There were no love-letters epithets of endearment, nor those mystic crosses and ciphers which, he credibly informed, chastely hid the exchange mutual caresses known as "kisses " no cruel tearing veil from those sacred privacies human affection-- no forensic shouting out fond confidences meant only But , shocked , new sacrilegious intrusion The weak pipings of Cupid were mingled chorus saints--the sanctity temple known "meeting-house" was desecrated by proceedings more in keeping shrine of Venus-- inspired writings themselves were used medium of amatory and wanton flirtation defendant sacred capacity as Deacon

The Colonel artistically paused thunderous denunciation The jury turned eagerly leaves hymn-books, but the larger gaze audience remained fixed speaker girl, who sat in rapt admiration periods hush, the Colonel continued in lower and sadder voice: " , perhaps, few of us here, gentlemen-- exception defendant-- arrogate to themselves the title of regular churchgoers, or these humbler functions prayer-meeting, the Sunday-school, Bible class are habitually familiar Yet"--more solemnly--"down in your hearts deep conviction short-comings and failings, and laudable desire that others should profit teachings we neglect Perhaps," he continued, closing his eyes dreamily, " not man here who recall the happy days boyhood, the rustic village spire, the lessons shared with some artless village maiden, he later sauntered, hand in hand, woods, simple rhyme rose upon their lips,

Always make it point it rule Never late Sabbath-school "

recall the strawberry feasts, the welcome annual picnic, redolent with hunks of gingerbread and sarsaparilla How would they feel sacred recollections were now forever profaned in their memory knowledge defendant was capable of using such occasions love larger girls and teachers, whilst his artless companions were innocently--the Court will pardon me for introducing what credibly informed local expression 'doing gooseberry' ? " The tremulous flicker of smile passed over the faces listening crowd, Colonel slightly winced But he recovered himself instantly, and continued:

"My client, the only daughter of widowed mother--who has for years stemmed the varying tides of adversity-- western precincts town--stands today invested only in her own innocence She wears no--er--rich gifts of her faithless admirer--is panoplied in no jewels, rings, nor mementoes of affection such as lovers delight to hang shrine affections; hers the glory Solomon decorated the Queen of Sheba, though the defendant, as show later, clothed her less expensive flowers king's poetry No ! gentlemen ! The defendant exhibited affair certain frugality of--er--pecuniary investment, which willing to admit commendable class His only gift was characteristic alike methods economy , I understand, certain not unimportant feature of religious exercise known as 'taking collection ' The defendant, occasion, mute presentation of tip plate covered with baize, solicited the pecuniary contributions faithful On approaching the plaintiff, however, he himself slipped love-token plate and pushed it towards her That love-token was lozenge--a small disk, reason , concocted of peppermint and sugar, bearing upon its reverse surface the simple words, 'I love you ! ' since ascertained disks bought for five cents dozen--or at considerably one half-cent single lozenge Yes, gentlemen, the words 'I love you ! '--the oldest legend of all; the refrain, ' morning stars sang together'--were presented plaintiff by medium so insignificant , happily, no coin republic low enough to represent its value