Heart's Desire: The Story of a Contented Town, Certain Peculiar Citizens, and Two Fortunate Lovers; A NovelHough, Emerson
General
Heart's Desire: The Story of a Contented Town, Certain Peculiar Citizens, and Two Fortunate Lovers; A Novel
Hough, Emerson
City and town life -- Fiction; Western stories
"Now," continued Dan Anderson, casting an eye about him as calmly as
could have done any old trial lawyer examining the condition of his
jury, "what are the charges made by the Territory? The prosecution
specifies no section or paragraph of the statutes of this Territory
holding it unlawful to shoot any dangerous wild beast at large in this
community. But we do not admit that this prisoner shot anything, or
shot at anything whatever. We shall prove that at the time mentioned
he was engaged in a simple, harmless, and useful pastime, a pastime
laudable of itself, since it tends to make the participant therein a
better and more useful citizen. There is no Territorial law forbidding
any act which he is here charged with committing. Neither has the body
social in this thriving community placed upon its records any local
law, any indication that a man may not, without let or hindrance, do
any act such as those charged vaguely against this good young man, who
has only availed himself of his right under the Constitution to bear
arms, to assemble in public, and to engage in the pursuit of happiness."
The prosecution, he said, had introduced reference to a certain pig,
alleging that it was slain by the act of the prisoner. He would not
admit that there had been any pig, since no _corpus delicti_ was
shown; but in any event this was no civil suit now in progress. We
were not here to assess value upon a supposititious pig, injured in a
supposititious manner, and not represented here of counsel. No law had
been violated. Why, then, his client had been thus ruthlessly dragged
into court, to his great personal chagrin, his loss of time, his mental
suffering, the attorney for defence could not say. It was injustice of
a monstrous sort! Prosecution might well feel relieved if no
retaliatory action were later taken against them for false
imprisonment. This innocent young man must at once be discharged from
custody.
When Dan Anderson sat down there was not a man in the jury who was not
bathed in perspiration. Abstruse thought was hard at work. Blackman,
J. P., perspiring no less than any member of the jury, drew himself up,
but he was troubled.
"Evidence f'r the State," the Judge finally managed to stammer, turning
to the attorney for the prosecution.
But it never came so far along as that. There was a sound of many
footsteps; voices came murmuring, growing louder. The door was pushed
open from without, and in came much of the remaining population of
Heart's Desire, so far as it could gain room. The man from Leavenworth
was there, his whiskers wagging unintelligibly. McKinney was there,
and Doc Tomlinson and Tom Osby, and everybody else; and, pushing
through the crowd, there came the Littlest Girl from Kansas, her apron
awry, her hair blown, her face flushed, her eyes moist with tears.
"Curly!" cried she as at last her eyes caught sight of him. "Come
right on out of here, this minute! Come along!"
Public-domain text, read in full here on John Shaqi.
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