In a jerky, strained voice he told of his mailing a letter, from a
village within a short distance of Bug Hollow, to a girl friend of his
on the afternoon of the night of the robbery. He swore positively that
this letter was in this same mail-bag, because he had handed it to the
carrier himself before he got on his horse, and added, with equal
positiveness, that it had never reached its destination. The value or
purpose of this last testimony, the non-receipt of the letter, was not
clear to me, except upon the theory that the charge of robbery might
fail if it could be proved by the defence that no letter was missing.
Bud fastened his eyes on Halliday and smiled as he made this last
statement about the undelivered letter, the first smile I had seen
across his face, but gave no other sign indicating that Halliday's
testimony affected his chances in any way.
Then followed the usual bad-character witnesses--both friends of
Halliday, I could see; two this time--one charging Bud with all the
crimes in the decalogue, and the other, under the lead of the
prosecutor, launching forth into an account of a turkey-shoot in which
Bud had wrongfully claimed the turkey--an account which was at last cut
short by the Judge in the midst of its most interesting part, as having
no particular bearing on the case.
Up to this time no one had appeared for the accused, nor had any
objection been made to any part of the testimony except by the Judge.
Neither had any one of the prosecutor's witnesses been asked a single
question in rebuttal.
With the resting of the Government's case a dead silence fell upon the
room.
The Judge waited a few moments, the tap of his lead-pencil sounding
through the stillness, and then asked if the attorney for the defence
was ready.
No one answered. Again the Judge put the question, this time with some
impatience.
Then he addressed the prisoner.
"Is your lawyer present?"
Bud bent forward in his chair, put his hands on his knees, and answered
slowly, without a tremor in his voice:
"I ain't got none. One come yisterday to the jail, but he didn't like
what I tol' him and he ain't showed up since."
A spectator sitting by the door, between an old man and a young girl,
both evidently from the mountains, rose to his feet and walked briskly
to the open space before the Judge. He had sharp, restless eyes, wore
gloves, and carried a silk hat in one hand.
"In the absence of the prisoner's counsel, your Honor," he said, "I am
willing to go on with this case. I was here when it opened and have
heard all the testimony. I have also conferred with some of the
witnesses for the defence."
"Did I not appoint counsel in this case yesterday?" said the Judge,
turning to the clerk.
There was a hurried conference between the two, the Judge listening
wearily, cupping his ear with his hand and the clerk rising on his toes
so that he could reach his Honor's hearing the easier.
Public-domain text, read in full here on John Shaqi.
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