American fiction -- 19th century; California -- Social life and customs -- Fiction; Short stories; Western stories
He would remind the jury that only a few weeks ago he stood there as
the advocate of a powerful Company, then represented by the present
defendant. He spoke then as the champion of strict justice against
legal oppression; no less should he to-day champion the cause of the
unprotected and the comparatively defenseless--save for that paramount
power which surrounds beauty and innocence--even though the plaintiff
of yesterday was the defendant of to-day. As he approached the court a
moment ago he had raised his eyes and beheld the starry flag flying from
its dome, and he knew that glorious banner was a symbol of the perfect
equality, under the Constitution, of the rich and the poor, the strong
and the weak--an equality which made the simple citizen taken from the
plough in the field, the pick in the gulch, or from behind the counter
in the mining town, who served on that jury, the equal arbiters of
justice with that highest legal luminary whom they were proud to welcome
on the bench to-day. The Colonel paused, with a stately bow to the
impassive Judge. It was this, he continued, which lifted his heart as
he approached the building. And yet--he had entered it with an
uncertain--he might almost say--a timid step. And why? He knew,
gentlemen, he was about to confront a profound--aye! a sacred
responsibility! Those hymn-books and holy writings handed to the jury
were NOT, as his Honor had surmised, for the purpose of enabling the
jury to indulge in--er--preliminary choral exercise! He might, indeed,
say, “Alas, not!” They were the damning, incontrovertible proofs of the
perfidy of the defendant. And they would prove as terrible a warning to
him as the fatal characters upon Belshazzar's wall. There was a strong
sensation. Hotchkiss turned a sallow green. His lawyers assumed a
careless smile.
It was his duty to tell them that this was not one of those ordinary
“breach-of-promise” cases which were too often the occasion of ruthless
mirth and indecent levity in the court-room. The jury would find
nothing of that here. There were no love-letters with the epithets of
endearment, nor those mystic crosses and ciphers which, he had been
credibly informed, chastely hid the exchange of those mutual caresses
known as “kisses.” There was no cruel tearing of the veil from those
sacred privacies of the human affection; there was no forensic shouting
out of those fond confidences meant only for ONE. But there was, he was
shocked to say, a new sacrilegious intrusion. The weak pipings of Cupid
were mingled with the chorus of the saints,--the sanctity of the temple
known as the “meeting--house” was desecrated by proceedings more in
keeping with the shrine of Venus; and the inspired writings themselves
were used as the medium of amatory and wanton flirtation by the
defendant in his sacred capacity as deacon.
Public-domain text, read in full here on John Shaqi.
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