“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 a poor opinion of the ass who, at—er—such a supreme 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 a beautiful night, sanctified to the affections, and the innocent girl is leaning from her casement. Presently there appears upon the road a slinking, 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 a faint falsetto, presumably in fond imitation of his fair client), “'Keeree!' Instantly the night becomes resonant with the impassioned reply” (the Colonel here lifted his voice in stentorian tones), “'Kee-row.' Again, as he passes, rises the soft 'Keeree;' again, as his form is lost in the distance, comes back the deep 'Keerow.'”
A burst of laughter, long, loud, and irrepressible, struck the whole court-room, and before the Judge could lift his half-composed face and take his handkerchief from his mouth, a faint “Keeree” from some unrecognized obscurity of the court-room was followed by a loud “Keerow” 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, a soft “Keeree” from the spectators at the window, OUTSIDE the court-house, was answered by a loud chorus of “Keerows” 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 a man without the least sense of humor. There was the respect of this conviction 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 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 response. I will,” continued the Colonel, with a fatigued 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 'Keeree;' the response was 'Keerow-ow.'” 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 court-room, his appearance outside being recognized by a prolonged “Keerow” 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 a view to effect a peaceable compromise with the plaintiff. As he is a man 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 publicly to 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.