Ah, how often is this so in the law!—his record must be kept good.
After the whiskey had been held up to the light and the dime fingered, the old man's attorney—a young lawyer from the old man's own town, a smooth-faced young fellow who had the gentle look of a hospital nurse and who was doing his best to bring the broken body back to life and freedom—put the victim on the stand.
"Tell the jury exactly how it all happened," he said, "and in your own way, just as you told it to me."
"I'll try, sir; I'll do my best." It was Rip's voice, only fainter. He tugged at his collar as if to breathe the easier, cleared his throat and began again. "I ain't never been in a place like this but once before, and I hope you'll forgive me if I make any mistakes," and he looked about the room, a flickering, half-burnt-out smile trembling on his lips.
"Well, I got a piece of land 'bout two miles back of my place that belongs to my wife, and I ain't never fenced it in, for I ain't never had no time somehow to cut the timber to do it, she's been so sickly lately. 'Bout a year ago I was goin' 'long toward Hi Stephens's mill a-lookin' for muskrats when I heard some feller's axe a-workin' away, and I says to Hi, 'Hi, ain't that choppin' goin' on on the wife's land?' and he said it was, and that Luke Shanders and his boys had been drawin' out cross-ties for the new railroad; thought I knowed it.
"Well, I kep' 'long up and come on Luke jes's he was throwin' the las' stick onto his wagon. He kinder started when he see me, jumped on and begin to drive off. I says to him, 'Luke,' I says, 'I ain't got no objection to you havin' a load of wood; there's plenty of it; but it don't seem right for you to take it 'thout askin', 'specially since the wife's kind o' peaked and it's her land and not yourn.' He hauled the team back on their hind legs, and he says:
"'When I see fit to ask you or your old woman's leave to cut timber on my own land, I will. Me and Lawyer Fillmore has been a-lookin' into them deeds, and this timber is mine;' and he driv off.
"I come along home and studied 'bout it a bit, and me and the wife talked it over. We didn't want to make no fuss, but we knowed he was alyin', but that ain't no unusual thing for Luke Shanders.
"Well, the nex' mornin' I got into Pondville 'bout eight o'clock and set a-waitin' till Lawyer Fillmore come in. He looked kind o' shamefaced when he see me, and I says, 'What's this Luke Shanders's been a-tellin' me 'bout your sayin' my wife's timberland is hisn?'
"Then he began 'splainin' that the 'riginal lines was drawed wrong and that old man Shanders's land, Luke's father, run to the brook and took in all the white oak on the wife's lot and——"