Kelly was taken by surprise again, both by the quality and force of Bart's speech, and the submission of the case. The first carried him off his feet, and he hoped to recover during the delivery of another on the same side. He was a good chancery and real estate lawyer, but he was not the man to reply to Barton's argument. He followed him, however—that is, he spoke after him, and on the other side, for a half hour, and submitted the case.
The Court gave the case to the jury on the law, as the defense claimed it. Indeed there was no dispute about the law. He explained fully and clearly the case, which arose on the defense; and saying, in a very graceful and gracious way, that the merits of the case had been presented with a force and beauty rarely equalled, and which might tend to aid the jury in coming to their conclusion, he submitted it to them, and took a recess for dinner.
At the recess, the lawyers crowded about Bart to congratulate him for his defense, among whom Kelly was the foremost. Judge Markham came up, and with moisture in his eyes, took him by both hands and drew him away to Judge Humphrey, who complimented him in the highest terms, and insisted upon his dining with him, which invitation Bart accepted. The Judge was as much taken with his modest, quiet, gentlemanly manners, and quick, happy wit, as with his splendid speech in the court room. The fact was, his exertions had fully awakened his intellectual forces, and they were all in the field, armed and with blades drawn. He could not eat, and never drank, save water or milk; and now between the two Judges, and surrounded by lawyers, with a glass of milk and a plate of honey, petted and lionized for the moment, he gave himself up to sparkling and brilliant answers to the numerous questions and remarks addressed to him, and showed that, whatever draft had been made upon him, he had plenty of resources in reserve.
Upon a return to the court house, at half past one, the jury, who had made up and sealed their verdict, were called; it was opened and read, and as anticipated, was for the defendant. This announcement was received with scarcely suppressed applause. The verdict was recorded by the clerk, and in due time followed by the judgment of the Court, and so ended Fisk vs. Cole. Cole went out of the court room, with one exception, the most observed man in the crowd.
Very naturally Barton and his last performance was the common theme of conversation in the region round about for many days. All over Newbury, as witnesses and other spectators returned, the whole thing was talked over, with such various eulogies as suited the exaggerated estimate his various admirers put upon his merits.
"What do you say now?" said Uncle Jonah to Uncle Josh, as the two had just listened to an account of the trial, in Parker's bar room.
"It does beat hell amazingly!" answered that accomplished rhetorician.
"What did I tell you?" said Jo, at Jugville, to Uncle Cal, and that set.
"Oh, I was there," said Uncle Cal. "I always said, ever since the trial here, that he had the stuff in him. But he went beyond anything I ever hearn," and Uncle Cal relapsed into admiring silence.