Hen flew mad at the idea of his lawyer's hinting that any man could get
stuck in such a case. The judge tried to explain, and Hen asked him how
much the other side was paying him, and the judge threw up his job.
Pretty soon, though, Hen got him to take a new retainer of fifteen
dollars, and he opened a new account in his books. This made Hen feel
good, for the judge was great with juries when he was sober. He was
good and sober now, for he had just taken the drinking cure for the
third time. We had lots of faith in Providence and McKenzie, but were
scary as three-year-olds that night at any strange noise in the brush.
You know how it is when you feel that way.
Things went wrong the next morning. So many of the jurors said that Hen
had talked to them that Judge Brockway just glared at Hen, and said that
the court was not favorably impressed by tactics of that sort.
Walker Swayne told how he had slapped Hen's chops to drive off his
improper advances, and Judge Brockway said that he could not condone
breaches of the peace; but a juror, like a woman, was justified if any
one; and when old Hen asked Mac for the Lord's sake, were there any
women sitting on this case, Brockway wilted Hen again with a look.
I asked Hen at recess if he thought Brockway would ask him as a friend
and brother to sit up on the bench, and he flared up and said Brock was
all right, but was disguising his feelings as a judge.
"He's got a disguise that's a bird," said I, and Hen said I might
consider myself discharged; but wrote me a note after court took up,
hiring me back.
The next juror up related another case of Hen's vile tactics, and the
judge threatened to send him to jail if anything more bobbed up. Hen
fell back into his chair limpsy, like dropping a wet string,--all spiral
like,--and everybody looked at us in horror for our pollyfoxing with the
jury. As a matter of fact, in his state of beer and overconfidingness,
Hen would have wept on the breast of a wooden Indian that would have
held still while he told of the octopus and its forgeries. In all the
time I worked for him, he never tried once to destroy the jury system or
his country's liberty.
Finally they found twelve men that didn't know anything about the case
or anything, and had no opinions or prejudices for or against anything,
and the lawyers told the jury what they expected to prove.
"The sacred system of trial by jury," said Fillmore Smythe, "has been
saved from the attacks of the defendant by an incorruptible court.
Placed on trial before this intelligent jury, what the defendant may do
I can not even guess; but we have here in court his note, signed in his
own proper person."
"'T ain't so!" busted out Hen, in his own improper person. "You hain't
got no such note!"
"One more interruption of this sort," said the judge, peeking down at
Hen, "and the example that I'll make of _you_ won't soon be forgotten.
Proceed, Mr. Smythe!"
Public-domain text, read in full here on John Shaqi.
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