Fresh from Boston, the lawyer in the frontier town had just finished a glowing summing up for the defense. There ensued a long pause, and the Easterner turned in some embarrassment to the judge.
"Your Honor," he asked, "will you charge the jury?"
"Oh, no, I guess not," answered the judge benignantly.
"They ain't got much anyway, so I let them keep all they can make on the side."
The jury filed into the jury-box, and after the twelve seats were filled there still remained one juror standing outside.
"If the Court please," said the Clerk, "they have made a mistake and sent us thirteen jurors instead of twelve. What do you want to do with this extra one?"
"What is your name?" asked the judge of the extra man.
"Joseph A. Braines," he replied.
"Mr. Clerk," said the judge, "take this man back to the jury commissioners and tell them we don't need him as we already have twelve men without Braines."