addressed aided not a little in enabling him to compose himself.

"Well, Colonel, that, of course, remains to be seen. There has been no actual mistake—about names or anything of that kind: so much I must tell you. And certainly, I may say that I was never taken so much aback in all my life, as when the warrant was applied for."

"Then there was really-"

"Why,' said I, 'you must be crazy. The Colonel wouldn't do such a thing as that, you know?' But all the same, the information was given, and the affidavit made out in due form; and of course I could do no less than issue the papers-don't you see? I couldn't help it, certainly; though if I had ever imagined that such a thing was going to happen to me, I doubt whether I should ever have accepted the judiciary. But I have no question that you can explain the whole matter, and show just where the mistake comes in."

With that, the Justice again for the moment raised the lid of his desk, shut himself out of sight, and affected to be busy arranging his papers. And as though this delay had served for his initiation into a new character, and doubtless feeling himself more and more encouraged by the sound of his own voice, it was seen that when again he closed his desk, and left his face exposed to view, his manner had still more decidedly changed. Before, he had been the friend and the fellow-townsman, and could give vent to his most lively sympathies, without favoritism or impropriety. But now, by swift gradation, he had become the stern, inflexible guardian of the law, upright in impartiality, strict and underrating, bound to show no laxity, even though his own brother were to stand in peril before him. Moreover, as gradually he grew more at his ease, and his disturbed, uneasy expression of sympathy and doubt faded away, there became noticeable in him a certain imprint of elate importance-a consciousness whispering to him, that his official duty, though attended by its difficulties, was nevertheless of extremely

well disposed towards the prisoner as he might be, it was scarcely in human nature not to feel secret elation with the superior magnitude of an unquestioned murder case. In this feeling he began to participate with the two constables, and indeed, with almost all the villagers, who could not resist the con viction that a little judicial fame and importance was to be shed upon their district. Mingled with this, however, were still some remnants of the uncomfortable fear lest he might make mistakes in magisterial ruling. Between his nervousness and his elation, therefore, the Justice was scarcely as comfortable in all respects as he might wish to be; and he still spoke and acted somewhat hesitatingly, though affecting much judicial suavity.

"Colonel Grayling," he said, "it is my duty to warn you, that in this—”

"Exactly, Judge Peters," the Colonel interrupted, again somewhat testily. "I understand it all-I am to say nothing to commit myself. Fortunately, I am not afraid to tell all I know."

"That is very well, of course, Colonel. But have you counsel? However innocent, it is better to have counsel to assist you, and to abide by their advice as to what to say."

Grayling's first impulse was the same as that of any innocent man-to decline counsel altogether, and trust that a plain statement of his case, joined to the goodness of his cause, would prove sufficient. But a moment's reflection convinced him that, inasmuch as the law does not always preserve itself from mistakes, and sometimes even goes so far as to hang an innocent man, it would be well for him to avail himself of every proper precaution. He therefore stated that he had no counsel, and being a comparative stranger, would be pleased if the Court would assign counsel for him.

More for the purpose of satisfying the Justice, and perhaps making friends of the local legal talent, than from any belief in the availability of the proceeding, the Colonel looked around him, and prepared to select one of the two lawyers. Necessarily, he must act somewhat at random, since he knew neither of them, either personally or by reputation. To the villagers, however, it was a different matter, since each lawyer had his admirers and adherents among them; and consequently the consideration of a judicious selection excited breathless interest, each spectator preparing to affirm or condemn the choice, in proportion as his own partiality met with agreement or dissent. In the opinion of many, Counselor Lote was the most able man in criminal practice. He was known to be versed in all the subtle intricacies of the laws relating to small of fenses, clearing his clients by the score, of ordinary misdemeanors; and it was argued that the principle must be the same, and his services equally valuable, in the matter of great offenses against society. Counselor Bransdell, on the contrary, gave his attention more exclusively to practice of a civil nature, being learned in questions of real estate, having been selected for his qualifications as supervisor, and even having his eyes hopefully directed upon the State legislature; yet it was argued by his adherents, that, whatever might be the readiness with which Counselor Lote might deal with small thefts and trespasses, in a murder case there might arise great constitutional questions, which would be beyond the scope of his talent, and could properly be solved only by the legal genius and profundity of Counselor Braisdell. These two men, now the center of all eyes, sat side by side, with severe affectation of unconsciousness, gazing tranquilly at the opposite wall, and awaiting with pretended

"Since, then, this strange business must for a while go on," the Colonel at length said, "inasmuch as I am not prepared immediately to prove it a jest, or the foul slander, which it is-I am not acquainted with either of these two gentleman, let me further say, and therefore cannot show any actual preference—but if, under the circumstances, Mr. Lote will kindly-”

The Justice made a note upon the paper before him, and a low murmuring of comment went up among the little crowd of spectators. Perhaps if any indication could be gleaned from nods and winks interchanged among them, and here and there an audible remark, the current of popular belief was to the effect that the Colonel had chosen discreetly. Of all that, however, he knew nothing. He had merely made his selection at random, and more to satisfy the scruples of the Justice, than for any benefit he believed himself likely to gain from the proceeding. The hum and comments of the crowd were unnoted by him; he was only absorbed, for the moment, in one overpowering thought, which at once pressed upon him with stunning force. Up to that instant, even in spite of the Justice's assertion to the contrary, he had flattered himself with the belief that there was some strange error here, which a word or two would dispel, letting him go free and honored as before. But now, how could that happen, since by the one act of choosing a defender, he had been forced to array himself for conflict, and accept the issue of battle? The sides were formed, the word of advance been sounded, there was no time left for parley; the contest must now go on, and doubtless be waged unrelentingly through court and prison, and for long months to come. It was a dreadful realization of disgrace and peril, for the instant deadening his sensibility to the scene around him, and making him oblivious to everything except the bitterness of his own thoughts.

When, after an instant, he regained his full perceptions-for the spell was merely

momentary-he saw that one of the two lawyers had drawn his chair closer towards him, while the other had moved further off, bringing himself nearer to the Justice's table for better convenience of taking notes. It was merely this change of position that enlightened the Colonel as to which was for and which against him. Then, both the lawyers bending forward, and in one voice, yet with separate inflections, indicative of truthfulness in innocence and abhorence of crime, demanded that the case should be opened.

"I will first read the affidavit of Doctor Gretchley," said the Justice, "the affidavit upon which—”

"Ha! Of Doctor Gretchley, did you say?" interrupted the Colonel; "I begin

now to see-"

A slight pressure upon his knee arrested him. It was his counsel, intimating that uninstructed comment was not to be indulged in, the matter now being in professional keeping. For the instant, the Colonel was disposed to rebel. It had not been the habit of his life, certainly not during the past few years, to submit his words or actions to another's dictation; was not the mere hint of a desire so to control him an insult? Then reflection came, and brought submission. He had put himself into his counsel's hands; it was his part now to obey, and show that discipline that he had been accustomed to exact from others. Besides, there might turn out to be more need of such spirit of submission than he was now aware. "You spoke, Colonel?" said the Justice, raising his eyes from the paper.

"Nothing, Judge Peters: proceed." "The affidavit of Doctor Gretchley," repeated the Justice, "upon which the warrant has been issued. I will now read it."

It had been made that morning, and was substantially to the following effect: Six months ago, the Doctor had been returning late at night from a visit to a patient a mile or so down the road; and for a short cut home, he had climbed the fence belonging to Stella's grounds, intending to pass through

It was quite dark, and when half

way across, he had seen a man's figure fitting by. At the time he had thought it was Colonel Grayling, and had wondered a little, Grayling being supposed to be with the Army of the Cumberland. He also heard a groan; but disregarded it, seeing nothing, and ap prehending no mischief, and believing that his imagination must have played him a trick. But the next morning, Crusty, happening to go that way, had found the mur dered man, lying dead on his back; and before giving any alarm, had summoned him, the Doctor, and together they had repaired again to the spot. Upon a close examination, the Doctor had found a sharp knife sticking in a wound at the upper portion of the heart-the same wound, doubtless, that had caused death-there being, in fact, no other wound than that. And he had rec ognized the knife as Colonel Grayling's, from the name engraved upon the handle.

That was the whole substance of the affidavit; which having been read, Doctor Gretchley was of course first examined in support of it. He had not been in court at the opening of the examination, having doubtless, like the Justice, had no expectation that the warrant could be so speedily returned, and he had been especially sent for from his office. He appeared pale and rather nervous at the first, as was to be expected in one who held such a prominent place in the proceedings; but as he went on, he seemed, by a violent effort, to regain his composure, recovering from the slight tremulousness with which he had commenced, and answering all questions calmly and succinctly. He stood, not exactly facing Grayling, but in such position that he might have looked in that direction without widely turning his head. In vain, however, Grayling strove to catch his eye, and felt himself becoming more and more exasperated as he found himself unable to do so. Yet, standing as the Doctor did, there seemed no studious avoidance of the other's gaze; nor from anything in his expression or manner would any one among the spectators have been led to suppose that there was anything beyond the accidental position of the

two men that prevented their glances meeting.

The Doctor prefaced his examination by begging the indulgence of the Court, having never before been placed in such an embarrassing, and he would say such a painful, position. Thence, without further preamble, he proceeded to give his testimony; which, as was to be expected, was substantially the same as in his affidavit, being merely given in more extended form, where the cross-examination required greater amplification in detail. Thus, he was required to state what reason he had for supposing that the person he had seen glide by in the dark was the prisoner; whether he had judged by face or figure; whether he had been long enough acquainted with him to be enabled to form an accurate judgment, and the like. Also, whether the murdered man lay upon his back or side; how long it was possible that he might have lived after he had received his wound; whether the moon had set or had not yet risen; and whether it was before or after ten o'clock. Also, at what time in the morning Crusty had found the body and summoned him, and how soon after that the general alarm had been given. Further more, about the knife that had been found sticking in the wound--whether it was a twobladed or a three-bladed knife; whether it was what is usually called a pocket-knife or a penknife, or what. And now at last occurred the first serious interruption to the evidence: for hereupon Counselor Braisdell leaping to his feet, forbade the witness to answer, and made objection to the question as improper and irrelevant.

It had, of course, been expected that the evidence would not be allowed to flow smoothly to the very end. The two counsel held their reputations for legal acumen too dearly at stake for that. It was known that at some point in the examination, objection would be made to something, to be argued with all the display of learning for which they were individually famous. Else why were they here, and for what purpose would it have been that so many persons had left their business for no other reason than to VOL, V-2.

listen to these proceedings? Must the admirers of the two opposing counsel be allowed to go home with the idea that nothing had been attempted for their delectation?

In the country, such a thing should not be tolerated for an instant. Whatever the practice in a city, a country village has its legal usages, which must be respected. Of those who were now present, there were few who had not had their trifling disputes before the court, and had not made the most of them. It had not been considered sufficient, in such proceedings, merely to gain the victory. In a district devoid of many excitements, a law case is its owner's amusement, to be worked to the uttermost for his enjoyment and that of his friends. Victory is desired, of course; but the approaches to victory must be paved with interest. The precedent that rules the case is not deemed sufficient; it must be presented with flowing speech of many minutes' length. Each one's lawyer becomes his gladiator, and must make not only a successful, but also an enlivening fight. Hence, the issues taken upon the comparative merits of the two lawyers now engaged, and the necessity they were under once more to pit themselves against each other, and wage the never decided contest for supremacy.

The contest was certain to come, therefore, at some point in the present proceedings; and consequently, at the sudden bound of Counselor Braisdell to his feet, it was felt that the propitious moment had arrived, a hum of expectation passed around the room, and each spectator leaned forward at the utmost stretch of his body.

The fight waxed hard and heavy. Counselor Braisdell insisted that it was an improper question to ask the witness, inasmuch as he could not trust to his memory of the knife-that his observation must necessarily have been imperfect about such a small instrument; that inasmuch as there was only one wound, it mattered nothing whether the knife had two blades or three, one being sufficient, in fact; and that the terms "penknife" and "pocket-knife” were synonymous. As to the last point, especially, the debate