"I ask your honor, I ask the jury, I ask the witnesses, to look upon these two women. As they stand there side by side, there is a marked difference in their heights, a decided difference in the color of their hair, a striking difference in the color of their eyes, a very perceptible difference, even at this distance, in the tone of their skin; and, I may add, a difference of eight years in their ages. The woman who has just been pronounced guilty of murder is the wife of a gentleman who throughout this trial has sat within the shadow of the jury. She is innocent, as God is my judge. Every moment of her life up to this very instant can be accounted for. In substituting her to-day for the real prisoner, the defence had no desire to circumvent justice. We merely wished to save this court, this community, from the everlasting shame of hanging a woman whose guilt has not been proved. We wished to show to your honor and to these gentlemen of the jury that it is monstrous to accept as conclusive such evidence as has been given in this case. May it please your honor, this jury has just pronounced a verdict of 'guilty' against my own wife. I move that here and now this verdict be set aside."
The request was granted, and, although McWhorter was charged with unprofessional conduct and threatened with disbarment, his client was promptly acquitted on the new trial which the court ordered.
FOR THE SAKE OF TOODLEUMS
"Now, Bert, listen," said Mrs. Rodney, taking her brother into full confidence. "I want to talk to you. Tom is really the best husband that ever was. Of course I've never had another husband, but just think how he adores our baby—our Toodleums!"
Bert Loring glanced at his sister's face to gather that the last remark was as a gold seal on her husband's virtues. She was young, pretty, and winsome. She was also Loring's only sister. Nevertheless he rubbed his chin a trifle doubtfully, for Rodney was a sad failure in a business sense.
"Oh, well," he returned at last. "Since you say so, I presume that settles the matter. You ought to know, Mary. Personally, I've nothing against Tom."
"No," she affirmed decisively. "No one could help liking Tom. He's just the most lovable fellow imaginable, so generous and kind-hearted toward every one."
"Um—er—Oh yes!" nodded the brother. "There's no question about Tom's generosity."
He was thinking of the last occasion when he chanced upon Tom downtown. With great cordiality Tom invited him to lunch. It was a capital lunch, too, nothing wanting, only—somehow Tom found it was unfortunately necessary to borrow five dollars to pay for it. He had forgotten to drop in at his bankers, By Golly! That was a joke on Tom, at which he laughed in the utmost good nature. His wife was quite right when she spoke of his kindly disposition toward every one. The waiter's smile bore witness to it, when helping to adjust Tom's overcoat. Loring went out with his overcoat collar bracing his ears. So much for the waiter's discernment.
"But, you see, Bert," explained Mrs. Rodney, "Tom's only drawback is that he has never been given a chance to prove what he is really worth. He's wonderfully bright."