The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-12-26


Miss Dutton moment later. Whenever
the old chap glances in this direction LOOK
sorrowfully and eDpealingly at him.
A number of witnesses for the plaintiff
now followed one another upon the stand,
and were allowed to give their testimony
pretty much rs they pleased, assisted by
occasional Suggestions from Judge Bel
lows. The particulars Of the accident werJ
recounted several times, and n number O.
residents CT Yoakurl swore TO the extraoT
binary value of the ruined cart. The al
torney for the defense maintained 0ogged
silence. At last, when one witness began
an extended argument IN favor of the de3
cons claim for damages, the court glanced
at Elliott as though he expected to hear an
objection. When none was forthcoming
the judge himself interposed and declared
that there is gettin' TO be too much OF
that. The lawyers should Go ell the argu
ing"
"Ahi hap' exclaimed Elliott TO Miss
Ethel in triumphant whisper; 'the sense
of justice is awakening. Now Is our
chance"
''That concludes the testimony for the
plaintiff, ;" said Judge Bellows as the last
witness left the stand.
All eyes were turned upon Mr.-Ralph FL
lott. The court looked in his direction,
but saw only the countenance of Miss Dut-
ton. Her bright orbs were saying Us
plainly as though The words were written
out in big letters: Dear Mr.. Judge, please
don't be horrid to us any more" lie
blushcd and fumbied with the papers on
his desk. At last he said: The defense
will 60 on now"
Elliott rose slowly to his feet and stood
q moment before he began to speak. Final
ly he said. hesitating ct the end of every
phrase: May it please the court, had in
tended at this stage of tie proceedings to
make a motion which I had hoped your
honor would grant Although perhaps it
may not-well, will make it. will move
for a non-suit, may it please the court.
| Possibly this may seem to tine court mat
ter of small Importance. yet it is point in
our favor and one that | conceive we have
| a right to demand In this connection
am impeled to crave TIRE indulgence of the
court while venture few remarks of a
somewhat personal nature. l am a stran-
ger in this court and am not versed in all
of its methods of procedure. l have
done what ! could in support of
my clients case. yet the fact is pain
! been in vain. Every motion has been de
MED, every objection overruled. Not a
single point has been allowed in our favor.
| do not complain of any prejudice on the
| part of the court The Latin adage occurs
, to me: 'Quosque tandem, Catalina, a0utere
| PATIENTS nostra,' which is, "Phe judge who
seemeth most severe hath often ut heart
true sense of justice All / ask Is that the
court in passing upon our motion for non
suit shall take into consideration the I'M
| broken line of decisions in favor of the
| plaintiff which have marked the progress
| of this case up to this time"
The court was looking intently at Miss
| Ethel.
Miss Ethel was looking at the court.
';Say," whispered Judge Bellows to Ell
lott, as the latter took his seat, "there
amt no use in that, you know. He don't
savvy 'non-suit.'"
"No?" said elliott. with bland smile;
81 suspected that he did not"
81 don't believe the court needs to hear
from me on this point" Judge Bellows
said aloud with an air of easy confidence.
''This motion of my learned brother from
the city will be denied, OF course"
| Judge Peck gazed thouGhtfully at the
| ceiling a moment and then took up his
pen. He wrote few words ON the book
before him. Then he moticned tothe clerk,
and the latter, after noting the words
which he had written, proceeded to enter
them on a much larger book which lay on
his desk. There was dead silence in the
court room.
1.-The motion is allowed" said the court
| with startling firmness.
A buzz of approval ran around the court
room. THAT'S only fair" said the people;
che orter give the young fellow some
show"
Elliott rose from his chair and began to
gather up his books and papers.
"Why, what is the matter" exclaimed
Ethel.
Nothing is the matter" ne answered,
Except that the case has been decided in
our favor, and we may as well 90 home"
Great Scottl' cried the colonel; that
was neatly done, Elliott"
Judge Bellows and Deacon Hobley were
both on their feet protesting vigorously.
! 1t may be suspected that the court, TO
whom all technical law was the veriest
abracadabra, was not little astonished
when he discovered what he had done, but
he was too shrewd to make that fact pub
lie. For once Judge Bellows was snubbed,
and even threatened with a fine for con-
tempt of court.
The buttons and Mr.. Ralph Elliott made
their way through the crowd out of the
court room Peter Martin followed be-
hind. his arms full of law books. In spite
of the fact that all the Yoakunites were
Watching them, Miss Ethel and Mr.. Elliott
whispered and laughed a great deal. and
looked az one another in a way that seemed
to indicate that the understanding be-
tween them was now perfectly clear
Charles Dwight Willard in Argonaut.