The Night-Born Part 10

"I will have you arrested," he sobbed as he lay.

"That's what Patsy said."

"A brutal---sniff, sniff,--and unprovoked--sniff, sniff--a.s.sault."

"That's what Patsy said."

"I will surely have you arrested."

"Speaking slangily, not if I can beat you to it."

And with that, Carter Watson departed down the canyon, mounted his horse, and rode to town.

An hour later, as Judge Witberg limped up the grounds to his hotel, he was arrested by a village constable on a charge of a.s.sault and battery preferred by Carter Watson.

V

"Your Honor," Watson said next day to the village Justice, a well to do farmer and graduate, thirty years before, from a cow college, "since this Sol Witberg has seen fit to charge me with battery, following upon my charge of battery against him, I would suggest that both cases be lumped together. The testimony and the facts are the same in both cases."

To this the Justice agreed, and the double case proceeded. Watson, as prosecuting witness, first took the stand and told his story.

"I was picking flowers," he testified. "Picking flowers on my own land, never dreaming of danger. Suddenly this man rushed upon me from behind the trees. 'I am the Dodo,' he says, 'and I can do you to a frazzle.

Put up your hands.' I smiled, but with that, biff, biff, he struck me, knocking me down and spilling my flowers. The language he used was frightful. It was an unprovoked and brutal a.s.sault. Look at my cheek.

Look at my nose--I could not understand it. He must have been drunk.

Before I recovered from my surprise he had administered this beating.

I was in danger of my life and was compelled to defend himself. That is all, Your Honor, though I must say, in conclusion, that I cannot get over my perplexity. Why did he say he was the Dodo? Why did he so wantonly attack me?"

And thus was Sol Witberg given a liberal education in the art of perjury. Often, from his high seat, he had listened indulgently to police court perjuries in cooked-up cases; but for the first time perjury was directed against him, and he no longer sat above the court, with the bailiffs, the Policemen's clubs, and the prison cells behind him.

"Your Honor," he cried, "never have I heard such a pack of lies told by so bare-faced a liar--!"

Watson here sprang to his feet.

"Your Honor, I protest. It is for your Honor to decide truth or falsehood. The witness is on the stand to testify to actual events that have transpired. His personal opinion upon things in general, and upon me, has no bearing on the case whatever."

The Justice scratched his head and waxed phlegmatically indignant.

"The point is well taken," he decided. "I am surprised at you, Mr.

Witberg, claiming to be a judge and skilled in the practice of the law, and yet being guilty of such unlawyerlike conduct. Your manner, sir, and your methods, remind me of a shyster. This is a simple case of a.s.sault and battery. We are here to determine who struck the first blow, and we are not interested in your estimates of Mr. Watson's personal character.

Proceed with your story."

Sol Witberg would have bitten his bruised and swollen lip in chagrin, had it not hurt so much. But he contained himself and told a simple, straightforward, truthful story.

"Your Honor," Watson said, "I would suggest that you ask him what he was doing on my premises."

"A very good question. What were you doing, sir, on Mr. Watson's premises?"

"I did not know they were his premises."

"It was a trespa.s.s, your Honor," Watson cried. "The warnings are posted conspicuously."

"I saw no warnings," said Sol Witberg.

"I have seen them myself," snapped the Justice. "They are very conspicuous. And I would warn you, sir, that if you palter with the truth in such little matters you may darken your more important statements with suspicion. Why did you strike Mr. Watson?"

"Your Honor, as I have testified, I did not strike a blow."

The Justice looked at Carter Watson's bruised and swollen visage, and turned to glare at Sol Witberg.

"Look at that man's cheek!" he thundered. "If you did not strike a blow how comes it that he is so disfigured and injured?"

"As I testified--"

"Be careful," the Justice warned.

"I will be careful, sir. I will say nothing but the truth. He struck himself with a rock. He struck himself with two different rocks."

"Does it stand to reason that a man, any man not a lunatic, would so injure himself, and continue to injure himself, by striking the soft and sensitive parts of his face with a stone?" Carter Watson demanded

"It sounds like a fairy story," was the Justice's comment.

"Mr. Witberg, had you been drinking?"

"No, sir."

"Do you never drink?"

"On occasion."

The Justice meditated on this answer with an air of astute profundity.

Watson took advantage of the opportunity to wink at Sol Witberg, but that much-abused gentleman saw nothing humorous in the situation.

"A very peculiar case, a very peculiar case," the Justice announced, as he began his verdict. "The evidence of the two parties is flatly contradictory. There are no witnesses outside the two princ.i.p.als. Each claims the other committed the a.s.sault, and I have no legal way of determining the truth. But I have my private opinion, Mr. Witberg, and I would recommend that henceforth you keep off of Mr. Watson's premises and keep away from this section of the country--"

"This is an outrage!" Sol Witberg blurted out.

"Sit down, sir!" was the Justice's thundered command. "If you interrupt the Court in this manner again, I shall fine you for contempt. And I warn you I shall fine you heavily--you, a judge yourself, who should be conversant with the courtesy and dignity of courts. I shall now give my verdict:

"It is a rule of law that the defendant shall be given the benefit of the doubt. As I have said, and I repeat, there is no legal way for me to determine who struck the first blow. Therefore, and much to my regret,"--here he paused and glared at Sol Witberg--"in each of these cases I am compelled to give the defendant the benefit of the doubt.

Gentlemen, you are both dismissed."

"Let us have a nip on it," Watson said to Witberg, as they left the courtroom; but that outraged person refused to lock arms and amble to the nearest saloon.

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