Colonel Starbottle for the Plaintiff by Bret Harte
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that_the defendant asks for --not aglass of light and generous wine, to_be shared with_his inamorata--but anumber of flagons or vessels, each possibly holding apint measure--_for himself ! "

The smile of_the audience had become alaugh .The Judge looked up warningly, when his eye caught the fact that_the Colonel had again winced at_this mirth .He regarded him seriously .Mr Hotchkiss's counsel had joined in_the laugh affectedly, but Hotchkiss himself was ashy pale . there_was also acommotion in_the jury-box, ahurried turning over of leaves, and an excited discussion .

"The gentlemen of_the jury," said the Judge, with official gravity, "will please keep order and attend only to_the speeches of counsel .Any discussion here_is irregular and premature--and must_be reserved for_the jury-room--after they_have retired ."

The foreman of_the jury struggled to_his feet . he_was apowerful man, with agood-humored face, and, in_spite of_his unfelicitous nickname of "The Bone-Breaker," had akindly, simple, but somewhat emotional nature .Nevertheless, it appeared as_if he were laboring under some powerful indignation .

"Can we ask aquestion, Judge ? " he_said, respectfully, although his voice had the unmistakable Western-American ring in_it, as of one who was unconscious that he_could be addressing any but his peers .

"Yes," said the Judge, good-humoredly .

"We're finding in_this yere piece, out of_which the Kernel hes just bin a-quotin', some language that me and my pardners allow hadn't orter to_be read out afore ayoung lady in court--and we_want to_know of you--ez afair-minded and impartial man--ef this_is_the reg'lar kind o' book given to gals and babies down at_the meetin'-house ."

"The jury will please follow the counsel's speech, without comment," said the Judge, briefly, fully aware that_the defendant's counsel would spring to_his feet, as he_did promptly ."The Court will allow us to explain to_the gentlemen that_the language they seem to object to has_been accepted by_the best theologians for_the_last thousand years as being purely mystic .As i_will explain later, those are merely symbols of_the Church--"

"Of wot ? " interrupted the foreman, in deep scorn .

" of_the Church ! "

"We ain't askin' any questions o' you_--and we ain't takin' any answers," said the foreman, sitting down promptly .

" I_must insist," said the Judge, sternly, " that_the plaintiff's counsel be allowed to_continue his opening without interruption .You" (to defendant's counsel) " will_have your opportunity to reply later ."

The counsel sank down in_his seat with_the bitter conviction that_the jury was manifestly against him, and_the case as good as lost .But his face was scarcely as disturbed as his client's, who, in great agitation, had begun to argue with_him wildly, and was apparently pressing some point against the lawyer's vehement opposal .The Colonel's murky eyes brightened as he still stood erect with_his hand thrust in_his breast .

" it_will_be put to_you, gentlemen, when_the counsel on_the other side refrains from mere interruption and confines himself to reply, that my unfortunate client has no action--no remedy at law--because there were no spoken words of endearment .But, gentlemen, it_will depend upon _you to_say what_are and what_are not articulate expressions of love .We all know that among_the lower animals, with_whom you_may possibly be called upon to classify the defendant, there_are certain signals more or less harmonious, as_the case may_be .The ass brays, the horse neighs, the sheep bleats--the feathered denizens of_the grove call to_their mates in more musical roundelays .These are recognized facts, gentlemen, which you yourselves, as dwellers among nature in_this beautiful land, are all cognizant of . they_are facts that no one would deny--and we_should_have apoor opinion of_the ass who, at--er--such asupreme moment, would attempt to suggest_that his call was unthinking and without significance .But, gentlemen, I_shall prove to_you that such was_the foolish, self-convicting custom of_the defendant . with_the greatest reluctance, and_the--er--greatest pain, I succeeded in wresting from_the maidenly modesty of_my fair client the innocent confession that_the defendant had induced her to correspond with_him in_these methods .Picture to yourself, gentlemen, the lonely moonlight road beside the widow's humble cottage . it_is abeautiful night, sanctified to_the affections, and_the innocent girl is leaning from her casement .Presently there appears upon_the road aslinking, stealthy figure--the defendant, on_his way to church .True to_the instruction she has received from_him, her lips part in_the musical utterance" (the Colonel lowered his voice in afaint falsetto, presumably in fond imitation of_his fair client),"'Kerree ! ' Instantly the night became resonant with_the impassioned reply" (the Colonel here lifted his voice in stentorian tones), "'Kerrow .' Again, as he passes, rises the soft 'Kerree'; again, as his form is lost in_the distance, comes back the deep 'Kerrow .'"

aburst of laughter, long, loud, and irrepressible, struck the whole courtroom, and before_the Judge could lift his half-composed face and take his handkerchief from_his mouth, afaint "Kerree" from some unrecognized obscurity of_the courtroom was followed by aloud "Kerrow" from some opposite locality ."The sheriff will clear the court," said the Judge, sternly; but alas, as_the embarrassed and choking officials rushed hither and thither, asoft "Kerree" from_the spectators at_the window, outside the courthouse, was answered by aloud chorus of "Kerrows" from_the opposite windows, filled with onlookers .Again the laughter arose everywhere--even the fair plaintiff herself sat convulsed behind her handkerchief .

The figure of Colonel Starbottle alone remained erect--white and rigid .And then the Judge, looking up, saw what no one else in_the court had seen-- that_the Colonel was sincere and in earnest; that what he had conceived to_be the pleader's most perfect acting, and most elaborate irony, were the deep, serious, mirthless convictions of aman without the least sense of humor . there_was atouch of_this respect in_the Judge's voice as he_said to him, gently, " you_may proceed, Colonel Starbottle ."

"I thank your Honor," said the Colonel, slowly, "for recognizing and doing all in your power to_prevent an interruption that, during my thirty years' experience at_the bar, I_have never yet been subjected to without the privilege of holding the instigators thereof responsible--_personally responsible . it_is possibly my fault that I_have failed, oratorically, to convey to_the gentlemen of_the jury the full force and significance of_the defendant's signals . I_am aware that my voice is singularly deficient in producing either the dulcet tones of_my fair client or the impassioned vehemence of_the defendant's repose . i_will," continued the Colonel, with afatigued but blind fatuity that ignored the hurriedly knit brows and warning eyes of_the Judge, "try again .The note uttered by my client" (lowering his voice to_the faintest of falsettos) "was 'Kerree'; the response was 'Kerrow'"-- and_the Colonel's voice fairly shook the dome above him .

Another uproar of laughter followed this apparently audacious repetition, but was interrupted by an unlooked-for incident .The defendant rose abruptly, and tearing himself away from_the withholding hand and pleading protestations of_his counsel, absolutely fled from_the courtroom, his appearance outside being recognized by aprolonged "Kerrow" from_the bystanders, which again and again followed him in_the distance . in_the momentary silence which followed, the Colonel's voice was heard saying, "We rest here, your Honor," and he sat down .No less white, but more agitated, was_the face of_the defendant's counsel, who instantly rose .

"For some unexplained reason, your Honor, my client desires to suspend further proceedings, with aview to effect apeaceable compromise with_the plaintiff .As he_is aman of wealth and position, he_is able and willing to_pay liberally for_that privilege .While I, as his counsel, am still convinced of_his legal irresponsibility, as he has chosen, however, to publicly abandon his rights here, I_can only ask your Honor's permission to suspend further proceedings until I_can confer with Colonel Starbottle ."

"As far as I_can follow the pleadings," said the Judge, gravely, "the case seems_to_be hardly one for litigation, and I approve of_the defendant's course, while I strongly urge the plaintiff to accept it ."

Colonel Starbottle bent over his fair client .Presently he rose, unchanged in look or demeanor ."I yield, your Honor, to_the wishes of_my client, and--er--lady .We accept ."

before_the court adjourned that day it_was known throughout_the town that Adoniram K .Hotchkiss had compromised the suit for four thousand dollars and costs .

Colonel Starbottle had so_far recovered his equanimity as_to strut jauntily towards his office, where he_was to meet his fair client . he_was surprised, however, to_find her already there, and in company with asomewhat sheepish-looking young man--a stranger . if_the Colonel had any disappointment in meeting athird party to_the interview, his old-fashioned courtesy did_not permit him to show it .He bowed graciously, and politely motioned them each to aseat .

"I reckoned I'd bring Hiram round with me," said the young lady, lifting her searching eyes, after apause, to_the Colonel's, "though he_was awful shy, and allowed that you didn't know him from Adam--or even suspected his existence .But I_said, 'That's just where you slip up, Hiram; apow'ful man like the Colonel knows everything--and I've seen it in_his eye .' Lordy ! " she continued, with alaugh, leaning forward over her parasol, as her eyes again sought the Colonel's, "don't you remember when_you asked me if I loved that old Hotchkiss, and i_told you 'That's tellin',' and you looked at me, Lordy ! I_knew _then you suspected there_was aHiram somewhere_--as good as_if I'd told you .Now, you, jest get up, Hiram, and give the Colonel agood handshake .For if_it wasn't for him and_his searchin' ways, and _his awful power of language, I wouldn't hev got that four thousand dollars out o' that flirty fool Hotchkiss--enough to_buy afarm, so as_you and me could get married ! That's what you owe to him .Don't stand there like astuck fool starin' at him .He won't eat you--though he's killed many abetter man .Come, have I got to_do all the kissin' ! "

it_is of record that_the Colonel bowed so courteously and so profoundly that he managed not merely to evade the proffered hand of_the shy Hiram, but to only lightly touch the franker and more impulsive fingertips of_the gentle Zaidee ."I--er--offer my sincerest congratulations--though i_think you--er--overestimate--my--er--powers of penetration .Unfortunately, apressing engagement, which_may oblige me also to leave town to-night, forbids my saying more . I_have--er--left the--er--business settlement of_this--er--case in_the hands of_the lawyers who do my office-work, and who_will show you every attention .And now let me wish you a very_good afternoon ."

Nevertheless, the Colonel returned to_his private room, and it_was nearly twilight when_the faithful Jim entered, to_find him sitting meditatively before his desk ."'Fo' God ! Kernel-- I_hope dey ain't nuffin de matter, but you's lookin' mightly solemn ! I ain't seen you look dat way, Kernel, since de day pooh Marse Stryker was fetched home shot froo de head ."

"Hand me down the whiskey, Jim," said the Colonel, rising slowly .

The negro flew to_the closet joyfully, and brought out the bottle .The Colonel poured out aglass of_the spirit and drank it with_his old deliberation .

"You're quite right, Jim," he_said, putting down his glass, "but I'm--er--getting old--and--somehow-- I_am missing poor Stryker damnably ! "


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