"That he did 'low Sile Bates to leave the jury, and 'pear as counsel for Charity Beadle—that that was constitutional right—right-er counsel in all crim'nal cases, thank the Lord, was presarv'd yet—and the case was a crim'nal case, or a kind-er crim'nal case—'twarn't for debt, and must be crim'nal. He couldn't choose counsel for anybody—thank the Lord that was a personal right—Charity Beadle had the right to choose her own counsel—it warn't none of his business who she took—how could any one take her counsel away from her by putting him outer a jury—that would destroy the constitution itself. If the court would jist look inter Story on the constitution, he'd see how that was; and if he ever did make a righteous decision, that was a righteous decision. The woman sav'd her case by it—for if she hadn't had any counsel, the greatest injustice would-er come on't—maybe the jury would-er 'greed—and she—nobody knows where she would-er been now."
To the third point he returned,—
"''Cause there wern't but five jurymen,' it is said. Well, there warn't. What of it? Five were jist as good in this case, as six; 'cause if five couldn't agree, how could six?'"
To the fourth point, as follows,—
"He did choke off counsel while they were argerin' the cause to the jury, and swore the officer and sent out the jury to deliberate. He'd do it agin, under like circumstances. They vi'lated the dignity of the court—there wern't no order nor nothin'—everything went on hurly-burly—there was more racket than if there was a town-meetin'. One thing there had got-ter be, and that was order in his court—he might-er sent them all to jail for contempt—but he wanted to be mild with 'em—he didn't allers think it best to go to the length of the la'—two counsel talkin' to the jury at onct was agin all la'—it was a great contempt of court—they'd orter been fin'd ten dollars apiece—but he didn't want-er fine 'em—he took a shorter course—he acted in his discretion—and he had a discretion in sich cases—any other court would-er done as he did, or worse, maybe. So long as he was magistrate, he meant to be magistrate—and his court was a court—and that thing people had got-ter find out, sooner or later."
To the fifth point, as follows,—
"He'd jist submit that to the higher court."
To the sixth point, as follows,—
"He did let in the set-off of Charity Beadle, and he did it, arter examinin' all the 'thorities on that p'int. He consulted Squire Brown, too, who did business down inter the State of New York, as justis', more'n ten years, and who had a great many jist sich cases afore him. The Squire said it was la' there, and had bin ever sin' he was a boy—and York la' was good la' anywhere. Story was dead for 'lowin' sich kind-er set-offs, and his works were all in favor on't—and it would be a likely p'int for anybody to set up that sich a set-off couldn't be allow'd. Filkins sues for so much money for so many slanders—now, then, he would jist like to know, if five slanders are worth ten dollars to her, if five slanders wouldn't be worth ten dollars to Charity Beadle—and if one ten dollars ain't jist as good as another ten dollars—he would like to know if one don't suffer jist as much as t'other—and if one hadn't orter be paid jist as much as t'other. If you go lyin' round 'bout me, you've got to pay, but if I go lyin' round 'bout you, I hain't got-ter pay—he'd like to know what justis' there was in all that—he didn't b'lieve Turtle thought so himself, but he was allers tryin' to bull-rag the court—and he warn't goin' to be bull-ragg'd by him nor nobody else."
To the seventh point, as follows,—