“No, sir; I leave it for your honor to charge; I rest my case here.”
“Mr. District Attorney,” said the Judge, “have you anything to say?”
Mr. Van der School removed his spectacles, folded them and, replacing them once more on his nose, eyed the other bill which he held in his hand, and then said, looking at the bar over the top of his glasses; “I shall rest the prosecution here, if the court please.”
Judge Temple arose and began the charge.
“Gentlemen of the jury,” he said, “you have heard the testimony, and I shall detain you but a moment. If an officer meet with resistance in the execution of a process, he has an undoubted right to call any citizen to his assistance; and the acts of such assistant come within the protection of the law. I shall leave you to judge, gentlemen, from the testimony, how far the witness in this prosecution can be so considered, feeling less reluctance to submit the case thus informally to your decision, because there is yet another indictment to be tried, which involves heavier charges against the unfortunate prisoner.”
The tone of Marmaduke was mild and insinuating, and, as his sentiments were given with such apparent impartiality, they did not fail of carrying due weight with the jury. The grave-looking yeomen who composed this tribunal laid their heads together for a few minutes, without leaving the box, when the foreman arose, and, after the forms of the court were duly observed, he pronounced the prisoner to be “Not guilty.”
“You are acquitted of this charge, Nathaniel Bumppo,” said the Judge.
“Anan!” said Natty.
“You are found not guilty of striking and assaulting Mr. Doolittle.”
“No, no, I'll not deny but that I took him a little roughly by the shoulders,” said Natty, looking about him with great simplicity, “and that I—”