McAllister and His Double

by Arthur Cheney Train

"The defendant declines counsel, and stands upon his constitutional right to defend himself," he said apologetically.

There was a slight lifting of heads among the jury, and a few sharp glances in the direction of the prisoner, which seemed in no wise to disconcert him.

"Very well, then; proceed," ordered the Court.

The prosecutor rapidly outlined his case—one of simple "larceny from the person." The People would show that the defendant had taken a wallet from the pocket of the complaining witness. He had been caught in flagrante delicto. There were several eye-witnesses. The case would occupy but a few moments, unless, to be sure, the prisoner had some witnesses. The young assistant, who seemed slightly nervous at the unusual prospect of conducting a trial against a lawyerless defendant (savoring as it did of a hand-to-hand combat in the days of trial by battle), started to comment upon the novelty of the situation, gave it up, and to cover his retreat called his first witness.

Dockbridge was very young indeed. He was undergoing the process of being "whipped into shape" by the Judge, a kind but unrelenting observer of all the technicalities of the criminal branch, and this was one of his first cases. He could work up a pretty fair argument in his office, but he now felt his inexperience and began to wish it was time to adjourn, or that his senior, "Colonel Bob," the stout Nestor of Part One, whose long practice made him ready for any emergency, would return. But "Colonel Bob" could have proved an excellent alibi at that moment, and the battle had to be fought out alone.

The prisoner, meanwhile, was sitting calm but vigilant, pen in hand. His face, square and strong, with firmly marked mouth and chin, showed no sign of emotion, but under their heavy brows his black eyes played uneasily between the Court and jury. Evidently not more than thirty years of age, his attitude and expression showed intelligence and alert capacity.

"Go on, Mr. District Attorney," again admonished the Judge; and Dockbridge, pulling himself together, commenced to examine the complainant.

The prisoner was now straining eye and ear to catch every look and word from the witness-stand. Hardly had the complainant opened his mouth before the defendant had objected to the answer, the objection had been sustained, and the reply stricken out. He continued to object from time to time, and his points were so well taken that he dominated not only the examination but the witness as well, and the jury presently found themselves listening to a cross-examination as skilfully conducted as if by a trained practitioner.

But, although the defendant showed himself a better lawyer than his adversary, it was apparent that his battle was a losing one. Point after point he contested stubbornly, yet the case loomed clear against him.

The People having "rested," the defendant announced that he had no witnesses, and would go to the jury on the evidence, or, rather "failure of evidence," as he put it, of the prosecution. It was done with great adroitness, and none of the jury perceived that, by refusing to accept counsel, he had made it impossible to take the stand in his own behalf, and had thus escaped the necessity of subjecting himself to cross-examination as to his past career.