“In the courts of this or any other state.”
The judge said with dignity: “I am not acquainted with the customs of other courts, and am not concerned to know what they are. I am responsible for this court, and I cannot conscientiously allow my judgment to be warped and my judicial liberty hampered by trying to conform to the caprices of other courts, be they—”
“But, your honor, the oldest and highest courts in Europe—”
“This court is not run on the European plan, Mr. Wilson; it is not run on any plan but its own. It has a plan of its own; and that plan is, to find justice for both State and accused, no matter what happens to be practice and custom in Europe or anywhere else.” (Great applause.) “Silence! It has not been the custom of this court to imitate other courts; it has not been the custom of this court to take shelter behind the decisions of other courts, and we will not begin now. We will do the best we can by the light that God has given us, and while this court continues to have His approval, it will remain indifferent to what other organizations may think of it.” (Applause.) “Gentlemen, I must have order!—quiet yourselves! Mr. Allen, you will now proceed against the prisoners one at a time. Go on with the case.”
Allen was not at his ease. However, after whispering a moment with his client and with one or two other people, he rose and said:
“Your honor, I find it to be reported and believed that the accused are able to act independently in many ways, but that this independence does not extend to their legs, authority over their legs being vested exclusively in the one brother during a specific term of days, and then passing to the other brother for a like term, and so on, by regular alternation. I could call witnesses who would prove that the accused had revealed to them the existence of this extraordinary fact, and had also made known which of them was in possession of the legs yesterday—and this would, of course, indicate where the guilt of the assault belongs—but as this would be mere hearsay evidence, these revelations not having been made under oath—”
“Never mind about that, Mr. Allen. It may not all be hearsay. We shall see. It may at least help to put us on the right track. Call the witnesses.”
“Then I will call Mr. John Buckstone, who is now present, and I beg that Mrs. Patsy Cooper may be sent for. Take the stand, Mr. Buckstone.”
Buckstone took the oath, and then testified that on the previous evening the Count Angelo Capello had protested against going to the hall, and had called all present to witness that he was going by compulsion and would not go if he could help himself. Also, that the Count Luigi had replied sharply that he would go, just the same, and that he, Count Luigi, would see to that himself. Also, that upon Count Angelo's complaining about being kept on his legs so long, Count Luigi retorted with apparent surprise, “Your legs!—I like your impudence!”
“Now we are getting at the kernel of the thing,” observed the judge, with grave and earnest satisfaction. “It looks as if the Count Luigi was in possession of the battery at the time of the assault.”