It was so agreed. The jury took in every man in the little room but three. "They'll do for a veniry," said Blackman, J. P., learnedly. Under the circumstances, one can perhaps forgive him for becoming at times a trifle mixed as to the legal proceedings.
At least, it was easy to agree as to the jury; for obviously the population of the place was fully acquainted with all the facts in the case, and each one had freely expressed his opinion upon the one side or the other. There seemed to be no reason for excusing any juror for cause; and upon the other hand, there are often very good reasons in a Land Before the Law for not bringing up personal matters of this kind. Indeed, the trial judge settled all that. He looked over the twelve good men and true thus segregated, and remarked briefly: "They're his peers, all right. The trile will now proceed."
Whereupon he swore them solemnly and made a record in his fee book, to the later consternation of his jurors. "Ain't this court a notary, too?" said Blackman later. "And ain't a notary entitled to so much fee for administerin' a oath? And didn't I administer twelve oaths?" There was small answer to this, after all. The laborer is worthy of his hire; and Blackman really labored in this case as in all likelihood few justices have before or since.
The prosecuting attorney, who, it may be seen, held his office much as did the justice of the peace, by the doctrine of nemine contradicente, now arose and made the opening statement. There, was some doubt as to whether this was a civil or criminal trial, but there was no doubt whatever of the existence of a trial of some kind; neither did there exist any doubt as to the importance of this, the first case the prosecuting attorney had ever tried, outside of moot courts. It was the first speech he had ever made in public, barring college "orations," carefully memorized, and an occasional Fourth of July speech, which might have been better for more memorizing. The attorney for the prosecution, however, arose to the occasion—at least to a certain extent. He spoke in low and feeling tones of the struggling little community of hardy souls thus set down apart in the far-off mountain country of the West; of its trials, its hopes, its ambitions, of its expectations of becoming a mountain emporium which should be the pride of the entire Territory; he went on to mention the necessity for law and order, pointing out the danger to the public interests of the community which must lie in a general reputation for ruffianism and lawlessness, showing how Eastern Capital must ever be timid in visiting a town of such reputation, apart from investing any money therein; then, changing to the personal phases of the case, he spoke of the absolute disregard of law shown in the act charged, mentioned the red-handed deed of this lawless and dangerous person who had thus slain a pig, no less the pride of the community than the idol of the family now bereft.
At this point the jury began to look much perturbed and solemn, and the prisoner very red and uneasy. Prosecution closed by offering to prove all charges by competent testimony. This latter was a dangerous proposition to advance. We could not well ask the jurymen to testify, and of the "veniry," more than half had now slipped out for a hurried and excited visit to the Lone Star, there to advise any possible new arrivals of what was going on at Blackman's adobe.
Counsel for the defence arose calmly to make his opening statement. The man was a natural trial lawyer. It was simply destiny which had driven him into this comedy, as destiny had driven him to Heart's Desire. It was not comedy now, when Dan Anderson faced judge and jury here in Blackman's adobe. There came a swift, sudden chill, a gripping as of iron, a darkening, a shrinking of the heart of each man in that little room. It was the coming of the Law! Ah! Dan Anderson, you ruined our little paradise; and now its walls are down forever, even the walls of our city of content.
Dan Anderson stood, young, tall and grave, one hand in the bosom of his shirt, for hardly one present wore a coat. He had his audience with him before he spoke. When he began he caught them tighter to his cause, using not merely flowing rhetoric of speech, but the close-knit, advancing, upbuilding argument of a man able to "think on his feet,"—that higher sort of oratory which is most convincing with an American audience or an American jury.
The statement of the prosecution, said Dan Anderson, was on the whole a fair one, and no discredit to the learned brother making it. None would more readily than himself yield acquiescence to the statement that law and order must prevail. Without law there could be nothing but anarchy. Under anarchy progress was at an end. The individual must give up something of his rights to the state and the community. He gave up a certain amount of liberty, but received therefor an equivalent in protection. The law was, therefore, no oppressor, no monster, no usurer, no austere being, reaping where it had not sown. The law was nothing to be dreaded, nothing to be feared; and, upon the other hand, it was nothing to be scorned.
There must be a beginning, continued Dan Anderson. There must be something established. The pound measure was one pound, the same all over the country; a yard measure was a yard, and there was no guesswork about it. It was the same. It was a unit. So with the law. It must be the same, a unit, soulless, unfeeling, just, unchangeable. There was nothing indeterminate in it. The attitude of the law was thus or so, and not otherwise. It was not for the individual to pass upon any of these questions. It was for the courts to do so, the approved machinery set aside, under the social compact, for reducing the friction of the wheels of society, for securing the permanency of things beneficial to that society, and for removing things injurious thereto. The Law itself was immutable. The courts must administer that Law without malice, without feeling, impersonally, justly.
In so far as there had hitherto been no Law in Heart's Desire, went on the speaker, thus far had our citizens dwelt in barbarism, had indeed been unfit, under the very definition of things, to bear the proud title of citizens of America, the justest, the most order-loving, as well as the bravest and the most aggressive nation of the world. The time had now come for the establishment in this community of the Law, that beneficent agency of progress, that indispensable factor, that inseparable attendant upon civilization. Upon the sky should blaze no more the red riot of anarchy and barbarism. Upon the summit of the noble mountain overtopping this happy valley there should sit no more the grinning figure of malevolent and unrestrained vice, but the pure form of the blind Goddess of Justice, holding ever aloft over this happy land the unfaltering sword and the unwavering scales, so that all might look thereon, the rightdoers in smiling security, the wrong-doing in terror of their deeds. This was the Law!