Continuing the Story of the Pig from Kansas, and the Deep Damnation of his Taking Off
"Order! order! gentlemen!" called Blackman, Justice of the Peace, clearing his throat. "This honorable justice court is now in session. Gentlemen, what is your pleasure?"
He was a little confused, but he meant well. It seemed incumbent upon the prosecutor to make some sort of a statement, but the attorney for the defence interposed. He moved for the discharge of the prisoner on the ground that there was no Territorial law and no city ordinance violated; he pointed out that Heart's Desire was not a city, neither a town, but had never been organized, established, or begun, even to the extent of the filing of a town site plat; he therefore denied the existence of any municipal law, since there had never been any municipality; he intimated that the pig had perhaps been killed accidentally, or perhaps in self-defence; it was plain that the prisoner was wrongfully restrained of his liberty, etc.
The ire of Blackman, J. P., at all this was something to behold. He to be deprived of his opportunity thus lightly? Hardly! He overruled the objections at once, and rapped loudly for order.
"The trile will go on," said he.
"Then, your Honor," cried Dan Andersen, springing to his feet, "then I shall resort to the ancient bulwark of our personal liberties. I shall sue out a writ of habeas corpus, and take this prisoner out of custody. I'll sue this court on its bond! I'll take a change of venue! We'll leave no stone unturned to set this innocent man free and restore him to the bosom of his family!"
This speech produced a great effect on the audience, as murmurs of approbation testified, but the doughty Justice of the Peace was not so easily to be reckoned with. He pointed out that there was no officer to serve a writ of habeas corpus; that the court had given no bond to anybody and did not propose to do so; that there was no other court to which to apply for a change of "vendew," as he termed it; and reiterated once more that the "trile must go on." The prosecution was, therefore, once more called upon to state the case. Again the attorney for the defence protested, a foreshadowing of his fighting blood reddening his face.
"I call for a jury," said he. "Does this court suppose we are going to leave the liberty of this prisoner in the hands of a judge openly and notoriously prejudiced as to the facts of this case? I demand a trial by a jury of the defendant's peers."
Blackman reddened, but was game. "Jury goes," said he. "Count out twelve fellers there, beginnin' next the door."
"Twelve!" said Dan Andersen, for the moment almost losing his gravity. "I thought this court might be content with six for a justice's jury; but realizing the importance of this court, we are willing to agree on twelve."