The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-03-01

II either of the advocates felt any en-
barrassment at the thought of arguing the
cause he was soon relieved. Judge GrawIer
bluntly announced that he did not want
to hear any argument as both attorneys
had been witnesses, and that he would
render his decision at 10 o'clock the next
morning.
At the appointed hour the courtroom
was thronged with good-natured crowd
of White Oakers, eagerly curious to know
what the honest old Justice would do with
the problem. Both attorneys were pres
ent. Judge Grawler seated himself with
more than his usual dignity. His frown
was truly magisterlal, and the air OF reso-
lutte purpose manifest IN his compressed
lips was regarded by those who knew him
well as presage of ill to some one, that
being his usual judicial "form" when SEN
fencing some luckless offender to "the
tanks"
With eyes fixed upon his desk he began
in cold. even tones and with studied dellb-
Grafton: 1.-The court is now ready to give
Judgment in this case. Pve studied over
the matter considerable, an this is the
way fgger it out: Mr.. BilberIy don't
count as witness because he can't swear
that the defendant didn't pay Billy Ben
son. That jist leaves Mr.. Bilberry out Nv
the case altogether"
Here Tappen grinned in anticipation,
and Fellows cast malicious glance
at Kraiken. The Justice proceeded !:
"Kraiken swears that he talked with
Tappan after Benson had gone, an
Tappan admitted he owed the bill, an
said he would paid it if Bilberrv hadn't
been SO quick to sue i'm. But the defend
the last month, an got receipt which he
has sense lost; an that he never talked
with Kraiken about the business at all.
An Fellows corroborates i'm in most
partic'lers. He says Benson told
i'm that he'd collected the money
from Tappan; an he also swears that he
saw the receipt in Benson's handwriting !;
an that just before the trial Kraiken told
i'm he never talked with Tappan about it.
Kraiken denies this and says he never
spoke to Fellows concerning the case out
side the courtroom, an that's the whole
evidence before the court.
There wuz more evidence fur the de-
tense than fur the plaintiff; an leavln'
Mr.. Bilberry out-as we must-there wuz
only one witness fur the plaintiff an two
fur the defense. with the burden Nv proof
on the plaintiff" Fellows again smiles
at Kraiken and winks at the crowd out
side the railing.) But Ga long pause)
iron circumstances Nv the case,
good deal NV that testimony
must "a been perjery; an l
consider (another pause)~ that when 1T
comes to that kind Nv work two good
live an interested witnesses ii do more
NV it than one. no matter how wlllln' an
interested he may be. Therefore | give
the plaintiff Judgment fur fortysix dollars
an costs Nv suit affixed at six dollars an
fifty cents. Courts adjourned"
Amid the laughter and giDes OF the
crowd, the attorneys seized their hats and
hurried away. Tappan also disappeared:
The assemblage slowly dispersed in small
groups, the merriment of all increasing as
the grounds of the decision were consid-
cred and discussed. For days it was the
chief topic of conversation in the village,
and though Judge Grawler's process of
reasoning was deemed peculiar, none
seemed to doubt the correctness of his
conclusions. The attorneys themselves APP
peared anxious to forget the incident
Kraiken no less SO than Fellows. Both
refused to be interviewed on the subject,
though they were exceedingly free to
express their respective opinions concern
ing the learned occupant Of the woolsack,
which opinions must be omitted here
for several reasons, but chiefly because
they belong to that class of matter the
publication of which is prohibited by
statute. No appeal was taken, and
Tappan soon after paid the amount oil
judgment and costs, in full, and thus, In
effect, affirmed the justice OF the de-
cision. GRANVILLE I. HURST.