Beadle's New York Dime Library No. 303 — page 21: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

Top Notch Tom, the Cowboy Outlaw. —— —_ a anybody but gentlemen; and I bad heard that Mr. Cross was not going to examine the wit- Sue (slightly confused). “I have told but one person, not connected with this case.” Levy A ae up his ears instantly. There was, in the witness, the first sign of perturba- tion he had yet seen, and it encouraged him to | is material. The witness has refused to answer question after question, and has no right to plead any protection from this court while in open contempt. I hope to show that she has spoken to more than one person, and has laid a nesses,” This answer caused a ripple of laughter, avd Cross, who heard jt, allowed a smile of grati- La keep on; so he continued, with his eyes sternly | plot to defeat the ends of justice, on the single | fied pride to flash over bis face. Levy ground fixed on her, to intimidate her, if be could: ground of having a powerful telescope in the | his teeth secretly; but kept his own smile as he Levy. “‘Now, Miss Collingsworth, I want | house. I don’t doubt that the glass Is all she | asked: you to remember one thing. You are on your | represents. Ladies'are connoisseurs in the mat- “ And how did you know that Mr, Cross was oath, and have sworn to teil the truth, the | ter of glasses, of allkinds, But 1 donot believe | not to question the witnesses?’ whole truth, and nothing but the truth. I ask | that she saw all she claims she saw, and I have| Sue. ‘‘ Because our men had. heard, from you: who was the person to whom you told this | a right to attack her credibility, in a matter | the town, that the cattle company’s manager marvelous story, if not to the prisoner?” wherfin she admits the greatest possible bias in | had engaged a person, to do all the work, in Freip. “I object, your Honor. It bas nothing | favor of the prisoner, who is her brother-in-law, | the case, that a gentleman would have re- to do with the case, and the object of the coun- | and, if report say true, im whom she once tooka | fused.” | sel is merely to confuse the witness.” still greater interest.” Here Levy lost his patience at last, and got { It was evident, from the color that was gath- Tue JUDGE. ‘‘The witness will answer the | angry; while Helen, who, now that the worst | ering in Helen’s face, and the indignant way in | question of the counse] for the people, and | had been blurted out before the world. was which her bosom was begioning to heave, that | will save herself a great deal of trouble if she | burning for revenge on the man who had forced she was confused, frightened and angry at the | will tell openly, and at once, who the person her secret from her, had grown cool, and had this person you told. Was it a man, or a wo-| is not used to courts, and is liable to be con- : man? : fused. For the sake of saving her from pain, I | through thecourt; while Levy stood, the picture SHE (with a flush so deep that it made the | will admit that there bas been an attachment | of mortification, by the side of hissemior coun- old judge himself smile). “I decline to an-| of long standing between her and Mr. Kimble, | sel. <a swer!” ; , o a but that has nothing to do with 1tHis case, : Cross. “I told my worthy associate, who gob Levy (rubbing his hands). “ Exactly. object, and askthat your Honor will sustain my | up this case, that it was all very well, if bis wit- ue Then, turning to the jury, he observed, with | objection, for the sake of the honor of Texas. | nesses were not contradicted on questions of = n smile: . @ do not bring ladies into court to be cross- | fact, when their previous characters would not. ae ‘Gentlemen, you can see for yourselves,” examined on their love affairs by men who | stand the testof investigation. As betweenthe —— have not the breeding or feelings of gentlemen.” | word of this lady, who comes to us with thea , CHAPTER XXIV. The appeal, which would have fallen unheed- | grace and beauty of youth, and the aspect of DIAMOND CUT DIAMOND: edin a Northern court, was well calculated to | conscious truth, to show God’s best passport to > _ THE answer of the fair witness had, as Levy | get attentive hearing in Texas, where even the | credibility, and the men who have testified on _ qs ' insinuated, hurt her more than anything she | lawyers and judges have all the ideas of chival- | the other side, I have no more besitation tham could have said. . ry when a lady isin question, The old judge | your Honor would have, in determining which Her color showed that she was interested in | cleared his throat, and said to nant & to believe. Ideclinetohave thegoodnameofmy —~ concealing something, and the inference that) ‘‘ Put your question in another form, and try | officeany further imperiled by the well-meaning the subject of the question was a man, became | to save the lady’s feelings as much as you | but quite ineffectual efforts of my worthy asso; = rey nr ot ciate, to bolster up a case that. bas fallen, since — a . Levy took advantage of what he thought was| Levy had listened and noted everything | this young lady took the stand. P cherctees aes a her confusion, and went on: that transpired, with all the attention of a| your Honor’s leave toentera nolle prosequiat “Well, then, this gentleman that you spoke | man who has a difficult task before him, and | this stage of the case, and move for leave to en- shit % : ; has to look to every step he takes. ter the same.” i ee Sue (quickly). “I never said a word about a He no longer rubbed his hands. He saw that The old judge smiled and screwed up bisface gentleman.” , public feeling was against him. Even the jury- | into a judicial and ‘‘please-everybody’ kind of ~ Levy. “Ex-actly. Well, this man—for it | men were glancing round them, as if to study | expression, as he answered ' 1 he Ba must have been a man, I see you acknowledge | the faces of the people, and he knew that, in “Why, certainly, Mr. Cross, if you feel that ) ee it by your silence, so [ will not press the ques- | that case, they would very likely be swayed | way, there is no need of going on with the epi ‘ ie oe i 9 Se Se Mg eM . “ o 9 nll a A i IO ili. ltl ee Mi le . —— seemingly idle question asked by the Jew. Levy looked the bench, and did not even argue the point, for he saw that the judge was with him. Tue Jupas. “‘The witness will answer the question. It is te ee ee Levy. “ Well, Miss Collingsworth, to whom did you tell the story you have just to)d the court, before this morning?” Sux. “‘] decline to answer.” The answer produced a sensation, and the old judge stared at her through his spectacles, as if he thought she had gone suddenly crazy. Levy turned to the jury, with a shrug anda grin, and said: ‘“You see, gentlemen, one story is all very well, till another is told. I have no desire to have the witness committed for contempt of court; but we cannot get on with this case, if she does not answer questions.” The judge frowned at Helen severely, and said: ““Come, come, child, don’t be foolish, The uestion is a proper One, and there can be no ob- jection to your answering it. Try it in another form, Mr. Levy. There is no accounting for the whims of ladies, nowadays.” The old judge had daughters of his own and knew how it was. Tbus encouraged, Levy pursued: “‘ Well, then, we will put it, as his Honor sug- gests, in another form. Did you tell your father?” Sue. “ No, sir.” Hr. “ Your sister?” Sue. ‘No, sir.” He. “ Why not?’ Sne (with ineffable scorn). “ Because she was not in a state of health to be agitated by any- Frevp, “I object, your Honor. The marshal | was hesitating what to say, could framethean- =| thing, and we have kept the whole thing from | is bere, and the people can put him on the | swer, which would have exposed the whole Gd her.” i stand in rebuttal, if they wish.” truth of the matter, the district attorney was ~~ LEVY (eagerly). Ah, then you have de- Levy. “ Well, let it go, then. Did you say | on his feet, and addressed the judge, while an zo ceived her ?” anything else to him about the case?’ intense silence prevailed in court, in thatday of ~~ Sax. “I have; and you would have done the| Sue (after a pause). ‘I did.” surprises. ia same, if you had bad any heart at all,” Levy. “ What was it?” Cross. ‘Your Honor, I have listened: to wd Levy (rubbing his hands). ‘‘ Exactly—exact- SHE (with a face that burned like fire). ‘‘1 | what has passed in this court, to-day, since my cs ly—the very thing 1 should have imagined. ou have to do these things, sometimes, Miss Collingsworth. These little white lies are told fora goodend. Don’t imagine, fora moment, that I am seeking to lay traps for you. But, at the same time, now, admit that you do, sometimes, tell fibs—just little ones. Now about tion any further. But this man—is he in court now?” Sue. “TI decline to answer.” Levy (after a whisper from Berkeley). *“* You are engaged to be married, I believe?’ Sue. “Iam not, sir.” ' hha * Ex-actly, But you have been, late- "Se “T have not, sir.” Levy. ‘‘Ex-actly. But you have had offers of marriage, have you not, from gentlemen?” ELD. ‘I object, your Honor. The ques- tion has nothing to do with this case. It is im- material.” Levy. “‘ Your Honor, I insist that the question was to whom she told this story, besides the prisoner.” Helen listened to this speech, and her bosom heaved stormily as if she was about to burst out crying; but she managed to control herself suf- ficiently to ask the aren ‘‘Tf | answer his first question, sir, shall I be able to escape from bis impertinence?” THe JupGr. “Certainly. If you defy the court, you cannot expect its protection; but if you give the truth, you shall be protected from anything that is not proper.” HE (to Levy). ““Ask your first question again, sir, and I will answer it.” Levy (rubbing his hands). ‘Very good. Who was the man you told, besides the pris- oner?” Sur. “ Mr. Kimble, the Marshal of Satans- town,” The answer produced a buzz of excitement, and all eyes were turned on Hank the Nailer, who, on his part, did not allow a muscle of his impassive face to depart from its usual seren- ity. | ora moment even Levy was nonplused, for he had not expected the answer; but he recov- ered his wits, and his face was lighted he with the idea of triumph,’as he went on with his cross-examination, Levy. ‘‘ Aha! 80 we have the gentleman at last. And you mean to say that you told Mr. Kimble the same story you have told the court# And what did he say to that?” Sue. ‘“ He told me that all I had to do was to come to court and tell it to the world, and it would save Tom’s life.” Levy. “ In-deed! Did anything else pass be- tween you and him cn the subject of the case?” asked him a favor, and he—” Fretp. ‘‘ Stop, stop. I object!” THE JupGe. ‘‘On what grounds, sir?’ Frevp, ‘*On the ground that it is not perti- nent to the case. This seems to be an effort on the part of the associate counsel for the people to pry into the private affairs of this lady. She ps popular feeling, perhaps to the extent of ving a verdict, without leaving their seats. His associate, the district attorney who was up for’ re-election, was sitting in his place in court, listening to the efforts of the Jew, with the inscrutable face of a politician, So his question was very cautious. Levy. ** When he told you to come to court, what did ros say to him?” . Sue. 1 told him that I did not want to come here, to be insulted by the men I under- stood were to conduct this persecution.” Levy. ‘‘ You mean prosecution?” SHE. ‘‘No, sir, I mean tion. I told a sharp word, on the tip of her tongue, all the time. Levy (angrily). are considered to be asmart young la you not?’ Sue. “That is a matter of opinion. hold my own it seems, sir.” “Miss Collingsworth, you dy; are I can Here there was a laugh, which was checked by the judge, and Levy continued, with con- centrated spite: ‘‘T see you are very proud of your wit. But I bave a duty to perform, and must perform it. You say you asked the marshal a favor. What was the favor?’ SHE, “ iI decline to answer that, . unless am forced Levy. ‘‘Then, madam, in the name of the le of the State of Texas, whom you are. rifling with, I ask you what was that favor, | and w t was the reply, he made?” Here, for the first time, the grim face of the Marshal of Satanstown chang its expression, and be made one stride to where the district at- torney was sitting by Levy. The Jew was watchin that he did not notice the witness so closel ank, and the latter h an opportunity to whisper, in the ear of Cross: ‘Stop him, or by the hving God; Pll kill ye at election.” The words were whispered almost inaudibly; — A ny but Cross knew Hank too well to hesitate, iJ & Ay had, in fact, no taste for the line of examina- tion bis associate was pursuing,and had beem > trying to make up his mind what was best to do, in the case, with a view to re-election. ‘s Now he saw his opportunity, and seized it, “ with the quickness of a veteran local politician. <4 Before Helen, whose face was burning as she — learned brother took up the case, and I am sat- isfied that the ends of justice have been attained ssi already, without the necessity of dragging the “A affairs of estimable ladies through the mud of ag public odium. J have carefully watcbed this a witness ca Cc ing to the latter: ‘*My dear child, you have done nobly to-day: — : as she gave her testimony, and am sat- tisfied that her story is the true one.” : Fe ‘ Here there was a loud buzzof satisfactionall se, ‘The clerk will enter the order, and the she~ { _ char call the next case. The prisoner is dis- wagnres nd the next minute, amid a burst of cheer- ing, the like of which had never bee the court-house before, the judge turned round to shake hands with Tom Field and Helen, say- _ heard in | ill, »’ ¢ _— 7 we | a Su +i ; 7 Pe aa 7 ie but I am afraid that the rest of the boys will ‘ie wantin to shoot our handsome marshal this little episode of his courtship.” But Helen was in no mood to enjoy any ce | him that I did ‘not want to be questioned by antry that day, and the despairing glance + rc