Then had come the call of the cases against the alleged murderers of Rat-Ankle, and the attorney's prompt motion to swear Garvin off the bench. In support of his motion, Marcus launched into a dispassionate, but unsoftened charge that the judge, himself, had been the chief instigator of the ambuscade. Garvin had listened with growing amusement.
"Whose affidavits have you to file, Mr. Marcus?" he purred with unruffled composure.
"That of myself—"
"Is that all?"
"Also that of Mr. Deprayne."
"I've done been informed," drawled the Court, "that Mr. Deprayne was seen leaving for the Virginia line some days back, and that he told several people he was going home. If I'd known of his plans I'd certainly have held him as a material witness, but unfortunately it's too late now."
"Here is his affidavit," responded Marcus. "I submit it to Your Honor in support of my motion."
Garvin took the paper and read it slowly. It was in general terms and did not make clear to him that it had been so recently penned. After the perusal he delivered himself slowly.
"Learned counsel has made some mighty grave charges against this Co'te; counsel has been led astray by personal feelin'. The Co'te must protect its own dignity. The Co'te sees no reason to regard this paper as genuine, unless Mr. Deprayne himself will state that he swore to it. The Co'te regrets that it can't produce that witness for the learned counsel. The Co'te wishes only—" here he glanced significantly at the press table—"to have the full facts brought out."
"Will Your Honor," suggested Marcus, "instruct the sheriff to call Mr. Deprayne?"