“Yes ’tis,” said Davis, “I’m close to the butter now; for then says I, ‘Miss Andrews, have you got another firkin of butter to sell?’ And says she, ‘yes.’ I said another firkin, because I bought one of her last winter, that weighed about twenty pounds, and it turned out to be a very good firkin of butter, though it was rather hard salted; but I think that’s a good fault in butter; it makes it spend better, and I like the taste of it full as well, though my wife doesn’t. That firkin of butter lasted us—”
“No matter how long it lasted,” said the judge; “that is not the firkin with which we have to do now. You must come right down to the particular firkin that was the cause of this trial.”
“Well, I’m jest agoing to take hold of that now,” said Davis; “and so, says I, ‘Miss Andrews, have you got another firkin of butter to sell?’ And says she, ‘Yes, I have.’ And says I, ‘How big is it?’ Says she, ‘It weighs thirty-six pounds, and the firkin weighs six pounds, and that leaves thirty pounds of butter.’ And says I, ‘How much is it a pound?’ Says she, ‘Tenpence.’ So, after I went in and looked at it, I agreed to take it. It come to one pound five, and I took out the money and paid her, and put the firkin in my wagon and carried it home. Well, we never mistrusted there was any thing in the butter; and we went right to using of it; I guess we had some of it on the table that very night for supper; didn’t we, Judy?” turning to his wife.
“You needn’t ask your wife any questions,” said the judge. “Tell what you know yourself about the matter, and then she may tell what she knows about it.”
“Well, what I know myself about the butter is, we eat out of it about a week, and then Judy comes to me, and says she, ‘Mr. Davis, the first layin’ is all out.’ Says I, ‘It can’t be out so quick, it aint but a week since we had it.’ ‘Well, ’tis out,’ says she, ‘every morsel of it; but the layin’ wasn’t more than half as thick as it was in t’other firkin.’ ‘Well,’ says I, ‘Judy, if the first layin’ is out, you must dig into the second, that’s all.’ So off she went to get some butter for supper, and we was jest a setting down to the table, and byme by back she comes, all in a fluster, her eyes staring out of her head half as big as saucers, and she sot a plate on to the table with a great stone in it, half as big as my head; and says she, ‘there, Mr. Davis, if you’re a mind to eat such butter as that, you’re welcome to, but I shall wait till I get a new set of teeth before I try it.’ Says I, ‘Judy, what do you mean? where did that stone come from?’ Says she, ‘It came right out of the middle of the butter tub.’ ”
“You may be a little particular along here,” said the judge, “for you are getting into the very marrow of the subject now. What happened next?”
“Well, says I, ‘Judy, I should like to see the hen that lays such eggs as that; let’s go and look at it.’ So we went to the firkin, and, sure enough, there was the hole in the middle of the butter where she took the stone out. Says I, ‘Judy, I guess it’s best to probe that are wound a little more, as the doctors say.’ So I took a knife and run down into the butter a little further, and struck on another stone; and we went to work and dug that out; and after we cut round enough to be satisfied there wasn’t any more, we took the two and weighed ’em, and found they weighed fourteen pounds lacking two ounces. ‘Well,’ says I, ‘Judy, this matter aint agoin’ to stop short of the Gineral Court.’ She thought I better hush it up, cause it would hurt Miss Andrews’ feelin’s; but I told her no, honesty’s the best policy, and fair play’s a jewel, and if Miss Andrews isn’t old enough to know that yet, it is time she was larnt it, and if I don’t carry her into the Gineral Court, it’s because my name isn’t Nicholas Davis. And that’s pretty much all I know about it.”
“The case is every way clear,” said the first judge; “it seems to be hardly worth while to go any further. But Mrs. Davis may take the stand a few minutes; the court would like to ask her a few plain questions.”
Mrs. Davis was accordingly sworn, and took the stand.
“How do you know,” said the judge, “that the stones were not put into the butter after the tub was brought to your house?”