I regret that Colonel Starbottle's effort, admirably characterised by
the _Banner_ as "one of the most scathing and Junius-like gems of legal
rhetoric ever known to the Californian Bar," has not been handed down to
me _in extenso_. Substantially, however, it appeared that Colonel
Starbottle had never before found himself in "so peculiar, so momentous,
so--er--delicate a position. A position, sir--er--er--gentlemen, fraught
with the deepest social, professional--er--er--he should not hesitate to
say, upon his own personal responsibility, a position of the deepest
political significance! Colonel Starbottle was aware that this statement
might be deprecated--nay, even _assailed_ by some. But he did not
retract that statement. Certainly not in the presence of that jury, in
whose intelligent faces he saw--er--er--er--justice--inflexible
justice!--er--er--mingled and--er--mixed with--with chivalrous instinct,
and suffused with the characteristic--er--er--glow of--er--er--!" (I
regret to add that at this supreme moment, as the Colonel was lightly
waving away with his fat right hand the difficulties of rhetoric, a
sepulchral voice audible behind the jury suggested "Robinson County
whisky" as the origin of the phenomena the Colonel hesitated to
describe. The judge smiled blandly and directed the deputy sheriff to
preserve order. The deputy obeyed the mandate by looking over into the
crowd behind the jury, and saying, in an audible tone, "You'd better dry
up thar, Joe White, or git out o' that!" and the Colonel, undismayed,
proceeded.) "He well understood the confidence placed by the defence in
these gentlemen. He had reason to believe that an attempt would be made
to show that this homicide was committed in accordance with
certain--er--er--principles held by honourable men--that the act was
retributive, and in defence of an invasion of domestic rights and the
sanctity of wedlock. But he should show them its fallacy. He should show
them that only a base pecuniary motive influenced the prisoner. He
should show them--er--er--that the accused had placed himself, firstly,
by his antecedent acts, and, secondly, by the manner of the later act,
beyond the sympathies of honourable men. He should show them a previous
knowledge of certain--er--er--indiscretions on the part of the
prisoner's wife, and a condonation by the prisoner of those
indiscretions, that effectually debarred the prisoner from the
provisions of the code; he should show an inartistic, he must say, even
on his own personal responsibility, a certain ungentlemanliness, in the
manner of the crime that refused to clothe it with the--er--er--generous
mantle of chivalry. The crime of which the prisoner was accused might
have--er--er--been committed by a Chinaman or a nigger. Colonel
Starbottle did not wish to be misunderstood. It was not in the presence
of--er--Beauty--" (the Colonel paused, drew out his handkerchief, and
gracefully waved it in the direction of the dusky Manuela and the
Public-domain text, read in full here on John Shaqi.
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