"Your Honor," said Johnny, "I want to get this down on the record in black and white. Someone who has never seen me may have to pass on this evidence before we get done. I want that person to be sure of my size." "Objection overruled." "Please describe me--as to size--Mr. Hales." "A very small man," answered Hales sulkily. "In your opinion, when I shot Adam Forbes did I stand on my saddle? Or could I have inflicted a wound such as you have described by simply kneeling on my saddle--" "I object!" "--if Adam Forbes rode a horse big enough to carry his weight, and I rode a horse fourteen hands high?" Wade leaped to his feet and flung out his hands. "I object!" he shrilled. "Objection sustained. The question is most improper. I shall instruct myself to disregard it in making my decision." "That's all," said Johnny Dines; and sat down. "Any more witnesses for the prosecution, Mr. Wade?" "No, sir. The prosecution rests." The judge turned back to Johnny. "Witnesses for the defense?" "Call my horse," said Johnny Dines. "Your Honor, I object! This is preposterous--unheard of! We will admit the height of this accursed horse as being approximately fourteen hands, if that is what he wants to prove. I ask that you keep this buffoon in order. The trial has degenerated into farce-comedy." "Do you know, Mr. Wade, I seem to observe some tragic elements in this trial," observed Hinkle. "I am curious to hear Mr. Dines state his motive in making so extraordinary a request from the court." "He's trying to be funny!" "No," said the judge; "I do not think Mr. Dines is trying to be funny. If such is his idea, I shall find means to make him regret it. Will you explain, Mr. Dines? You are entitled to make a statement of what you expect to prove." Johnny rose. "Certainly. Let me outline my plan of defense. I could not call witnesses until I heard the evidence against me. Now that I have heard the evidence, it becomes plain that, except for a flat denial by myself, no living man can speak for me. I was alone. When I take the stand presently, I shall state under oath precisely what I shall now outline to you briefly. "On the day in question I was sent by Cole Ralston to Hillsboro to execute his orders, as I will explain in full, later. I came through MacCleod's Park, started up a Bar Cross cow and her unbranded yearling, and I caught the yearling at the head of Redgate. While I was branding it, a big man--I have every reason to believe that this man was Adam Forbes--came down the cañon. He rode up where I was branding the yearling, talked to me, smoked a cigarette, gave me a letter to mail, and went back the way he came. I went to Garfield. My horse had lost a shoe, as the witnesses have stated. I nailed on a fresh shoe in Garfield, and came on. I was arrested about dark that night while on the road to Hillsboro. That is all my story. True or false, I shall not vary from it for any cross-examination.