Middlebury register. (Middlebury, Vt.) 1886-1937, 1890-12-05


utmost-fghting the case inch by inch
but that it was n struggle against hopeless
odds. Presently an air of discouraged in
difference began to show itself in his
speech and conduct. He made his points
in an agtrrieved fashion that plainly said:
"Of course you will decide against me, but
I must do my duty"
At last he dropped back into his chair
and settled himself, as one does who has
no expectation of rising again very soon.
His face wore a look of complete resigna-
ton.
"He is clean beat out" said the Yoak-
umites. It was n triumph for their fellow
townsman, and added luster to the glory of
the court mt the same time many of them
felt no little sympathy for the young man
who had fought so hard and had failed
Don't give it up, please, Ralph" whis-
pered Miss Ethel.
Elliott shook his head Every one, in
Guiding the court, noticed the action, and
OWNED what the young woman had said.
The colonel also leaned forward with
similar remark but again the attorney
made a motion of encouragement.
at is all right" whispered Elliott to
Miss Dutton a moment later. Whenever
the old chap glances in this direction look
sorrowfully and appealingly 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 as they pleased, assisted by
occasional suggestions from Judge Bel
lows. The particulars of the accident were
recounted several times, and a number of
residents of Yoakum swore to the extraor-
binary value of the ruined cart The at.
torney for the defense maintained a logged
silence. At last, when one witness began
an extended argument in favor Of the dea-
cons claim for damages, the court glanced
at Elliott rs 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 do all the argu-
ing"
"Ah! hal" exclaimed Elliott to Miss
Ethel in a 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 Ell
lott. The court looked in his direction,
but saw only the countenance of Miss Dut-
ton. Her bright orbs were saying as
plainly as though the words were written
out in big letters Dear Mr.. Judge, please
don't be horrid to us any more" He
blushed and fumbled with the papers on
his desk. At last he said 1.-THE defense
will go on now"
Elliott rose slowly to his feet and stood
a moment before he began to speak Final
ly he said, hesitating at the end of every
phrase: "May it please the court, had in.
tended at this stage of the proceedings to
make a motion which | had hoped your
honor would grant Although perhaps it
may not-well, will make it. will move
for non-suit, may it please the court
Possibly this may seem to the court a mat
ter of small Importance, yet it is point in
our favor and one that I conceive we have
a right to demand. In this connection
am impelled to crave the indulgence of the
court while | venture few remarks of a
somewhat personal nature. am Il stran-
ger in this court and am not versed in all
of its methods of procedure | have
done what | could in support of
my clients case, yet the fact is pain.
fully evident that my efforts have thus far
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 abutere
PATIENT, nostra' which is. The judge who
scemeth most severe hath often at heart "a
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;
II 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 motioned to the clerk,
and the latter, after noting the words
which he had written, proceeded to enter
them on a much larger book which lay Oh
his desk. There was dead silence in the
court room.
THE motion Is allowed" said the court
with startling rmness
y buzz of approval ran around the court
room. That's only fair said the people
"he orter give the young fellow some
show"
Elliott rose from his chair and began &c
gather up his books and papers.
"Why, what is the natter" exclaimed
Ethel
Nothing is the natter he answered
except that the case has been decided il
our favor, and we may As well 90 home"
Great ScottW cried the colonel: that
was neatly done, Elliott"
Judge Bellows and Deacon Hobley wer,
both on their feet protesting vigorously
1t may he suspected that the court, t.
whom all technical law was the veriesl
abracadabra, was not a little astonishec
when he discovered what he had done, bu
he was too shrewd to make that fact pub
lie. For once Judge Bellows was snubbed