“A good many times my lawyer objected to something that they tried to prove, or to something that the other feller was sayin’, but ever’ time the judge decided ‘gainst my lawyer, and he ‘most always seemed kind of mad when my lawyer said anything. The other one was a good deal the smartest; ever’one said he wanted to be a judge, and he took all the murder cases he could get, and they called him the ‘hangin’ lawyer,’ because ever’one he had anything to do with got hung.
“There was always a big crowd in the court room ever’ day, and a lot of people waitin’ outside to get in, and there was always some awfully nice dressed ladies settin’ up there with the judge ever’ day, and they had a sort of glass in their hands, and they’d hold it up in front of their eyes and look at me through the glass just like the judge looked at the paper.
“It took about two days for their side to call all the witnesses they had, and finally their lawyer got up just as solemn and said that was their case.
“Then the judge give them a few minutes recess for ever’body to walk around a little, and ever’one looked at me, just as they’d done all the time. When they come to order the judge told us to go on with our side. My lawyer turned to me and said he didn’t see what use it was to prove anything, and we might just as well let the case go the way it was. I said I ought to go on the stand and tell about that paper, and how it was nothin’ but the one that come around the beef, and he said they wouldn’t believe me if I said it. And anyhow it wouldn’t make any difference. If I once got on the stand they’d get me all mixed up and the first thing I knew I’d tell ‘em all about ever’thing, and so far as witnesses went he couldn’t find anyone to do me any good.
“I thought ‘twould look pretty bad not to give any evidence at all, and he said he knew that but ‘twould look a mighty sight worse if we put any in. So my lawyer got up and ever’one watched to see what he was goin’ to do, and then he just said ‘May it please the court, we have concluded not to put in any evidence.’ And ever’one commenced to whisper, and to look at me, and to look ‘round, and the judge looked queer and kind of satisfied, and said then if there was no evidence on our side they would take a recess till mornin’ when they could argue the case. Of course, after I went back to the cell and got to thinkin’ it over I could see that it was all off more’n ever, but I didn’t see that the lawyer could have done any different.”
Here Jim got up and went to the grating and called to the guard.
“I’m gettin’ a little tired and fagged out and it ain’t worth while to go to bed. Won’t you just give me some more whiskey?”
The guard came up to the door. “Of course, you can have all the whiskey you want,” he said. “Here’s a bottle I’ve just fetched up from the office. You’d better drink that up and then I’ll get you some more.”
Jim took a long drink at the bottle, and then passed it to his friend. Hank was glad to have something to help him through the ordeal, which had been hard for him to bear.