We shall not detain the reader with a description of the captious discussions that occupied the court for the first two hours, Judge Temple had impressed on the jury, in his charge, the necessity for dispatch on their part, recommending to their notice, from motives of humanity, the prisoners in the jail as the first objects of their attention. Accordingly, after the period we have mentioned had elapsed, the cry of the officer to "clear the way for the grand jury," announced the entrance of that body. The usual forms were observed, when the foreman handed up to the bench two bills, on both of which the Judge observed, at the first glance of his eye, the name of Nathaniel b.u.mppo.
It was a leisure moment with the court; some low whispering pa.s.sed between the bench and the sheriff, who gave a signal to his officers, and in a very few minutes the silence that prevailed was interrupted by a general movement in the outer crowd, when presently the Leather-Stocking made his appearance, ushered into the criminal"s bar under the custody of two constables, The hum ceased, the people closed into the open s.p.a.ce again, and the silence soon became so deep that the hard breathing of the prisoner was audible.
Natty was dressed in his buckskin garments, without his coat, in place of which he wore only a shirt of coa.r.s.e linen-cheek, fastened at his throat by the sinew of a deer, leaving his red neck and weather-beaten face exposed and bare. It was the first time that he had ever crossed the threshold of a court of justice, and curiosity seemed to be strongly blended with his personal feelings. He raised his eyes to the bench, thence to the jury-boxes, the bar, and the crowd without, meeting everywhere looks fastened on himself. After surveying his own person, as searching the cause of this unusual attraction, he once more turned his face around the a.s.semblage, and opened his mouth in one of his silent and remarkable laughs.
"Prisoner, remove your cap," said Judge Temple.
The order was either unheard or unheeded.
"Nathaniel b.u.mppo, be uncovered," repeated the Judge.
Natty started at the sound of his name, and, raising his face earnestly toward the bench, he said:
"Anan!"
Mr. Lippet arose from his seat at the table, and whispered in the ear of the prisoner; when Natty gave him a nod of a.s.sent, and took the deer-skin covering from his head.
"Mr. District Attorney," said the Judge, "the prisoner is ready; we wait for the indictment."
The duties of public prosecutor were discharged by Dirck Van der School, who adjusted his spectacles, cast a cautious look around him at his brethren of the bar, which he ended by throwing his head aside so as to catch one glance over the gla.s.ses, when he proceeded to read the bill aloud. It was the usual charge for an a.s.sault and battery on the person of Hiram Doolittle, and was couched in the ancient language of such instruments, especial care having been taken by the scribe not to omit the name of a single offensive weapon known to the law. When he had done, Mr. Van der School removed his spectacles, which he closed and placed in his pocket, seemingly for the pleasure of again opening and replacing them on his nose, After this evolution was repeated once or twice, he handed the bill over to Mr. Lippet, with a cavalier air, that said as much as "Pick a hole in that if you can."
Natty listened to the charge with great attention, leaning forward toward the reader with an earnestness that denoted his interest; and, when it was ended, he raised his tall body to the utmost, and drew a long sigh. All eyes were turned to the prisoner, whose voice was vainly expected to break the stillness of the room.
"You have heard the presentment that the grand jury have made, Nathaniel b.u.mppo," said the Judge; "what do you plead to the charge?"
The old man drooped his head for a moment in a reflecting att.i.tude, and then, raising it, he laughed before he answered:
"That I handled the man a little rough or so, is not to be denied; but that there was occasion to make use of all the things that the gentleman has spoken of is downright untrue. I am not much of a wrestler, seeing that I"m getting old; but I was out among the Scotch-Irishers--let me see--it must have been as long ago as the first year of the old war--"
"Mr. Lippet, if you are retained for the prisoner," interrupted Judge Temple, "instruct your client how to plead; if not, the court will a.s.sign him counsel."
Aroused from studying the indictment by this appeal, the attorney got up, and after a short dialogue with the hunter in a low voice, he informed the court that they were ready to proceed.
"Do you plead guilty or not guilty?" said the Judge.
"I may say not guilty, with a clean conscience," returned Natty; "for there"s no guilt in doing what"s right; and I"d rather died on the spot, than had him put foot in the hut at that moment."
Richard started at this declaration and bent his eyes significantly on Hiram, who returned the look with a slight movement of his eyebrows.
"Proceed to open the cause, Mr. District Attorney," continued the Judge.
"Mr. Clerk, enter the plea of not guilty."
After a short opening address from Mr. Van der School, Hiram was summoned to the bar to give his testimony. It was delivered to the letter, perhaps, but with all that moral coloring which can be conveyed under such expressions as, "thinking no harm," "feeling it my bounden duty as a magistrate," and "seeing that the constable was back"ard in the business." When he had done, and the district attorney declined putting any further interrogatories, Mr. Lippet arose, with an air of keen investigation, and asked the following questions:
"Are you a constable of this county, sir?"
"No, sir," said Hiram, "I"m only a justice-peace."
"I ask you, Mr. Doolittle, in the face of this court, put ting it to your conscience and your knowledge of the law, whether you had any right to enter that man"s dwelling?"
"Hem!" said Hiram, undergoing a violent struggle between his desire for vengeance, and his love of legal fame: "I do suppose--that in--that is--strict law--that supposing--maybe I hadn"t a real--lawful right; but as the case was--and Billy was so back"ard--I thought I might come for"ard in the business."
"I ask you again, sir," continued the lawyer, following up his success, "whether this old, this friendless old man, did or did not repeatedly forbid your entrance?"
"Why, I must say," said Hiram, "that he was considerable cross-grained; not what I call clever, seeing that it was only one neighbor wanting to go into the house of another."
"Oh! then you own it was only meant for a neighborly visit on your part, and without the sanction of law. Remember, gentlemen, the words of the witness, "one neighbor wanting to enter the house of another." Now, sir, I ask you if Nathaniel b.u.mppo did not again and again order you not to enter?"
"There was some words pa.s.sed between us," said Hiram, "but I read the warrant to him aloud."
"I repeat my question; did he tell you not to enter his habitation?"
"There was a good deal pa.s.sed betwixt us--but I"ve the warrant in my pocket; maybe the court would wish to see it?"
"Witness," said Judge Temple, "answer the question directly; did or did not the prisoner forbid your entering his hut?"
"Why, I some think--"
"Answer without equivocation," continued the Judge sternly.
"He did."
"And did you attempt to enter after his order?"
"I did; but the warrant was in my hand."
"Proceed, Mr. Lippet, with your examination."
But the attorney saw that the impression was in favor of his client, and waving his hand with a supercilious manner, as if unwilling to insult the understanding of the jury with any further defence, he replied:
"No, sir; I leave it for your honor to charge; I rest my case here."
"Mr. District Attorney," said the Judge, "have you anything to say?"
Mr. Van der School removed his spectacles, folded them and, replacing them once more on his nose, eyed the other bill which he held in his hand, and then said, looking at the bar over the top of his gla.s.ses; "I shall rest the prosecution here, if the court please."
Judge Temple arose and began the charge.
"Gentlemen of the jury," he said, "you have heard the testimony, and I shall detain you but a moment. If an officer meet with resistance in the execution of a process, he has an undoubted right to call any citizen to his a.s.sistance; and the acts of such a.s.sistant come within the protection of the law. I shall leave you to judge, gentlemen, from the testimony, how far the witness in this prosecution can be so considered, feeling less reluctance to submit the case thus informally to your decision, because there is yet another indictment to be tried, which involves heavier charges against the unfortunate prisoner."
The tone of Marmaduke was mild and insinuating, and, as his sentiments were given with such apparent impartiality, they did not fail of carrying due weight with the jury. The grave-looking yeomen who composed this tribunal laid their heads together for a few minutes, without leaving the box, when the foreman arose, and, after the forms of the court were duly observed, he p.r.o.nounced the prisoner to be "Not guilty."
"You are acquitted of this charge, Nathaniel b.u.mppo," said the Judge.
"Anan!" said Natty.
"You are found not guilty of striking and a.s.saulting Mr. Doolittle."
"No, no, I"ll not deny but that I took him a little roughly by the shoulders," said Natty, looking about him with great simplicity, "and that I--"