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Smith, Francis Hopkinson, 1838-1915

"The Under Dog"

"
"Did I not appoint counsel in this case yesterday?" said the Judge,
turning to the clerk.
There was a hurried conference between the two, the Judge listening
wearily, cupping his ear with his hand and the clerk rising on his toes
so that he could reach his Honor's hearing the easier.
"It seems," said the Judge, resuming his position, and addressing the
room at large, "that the counsel already appointed has been called out
of town on urgent business. If the prisoner has no objection, and if
you, sir--" looking straight at the would-be attorney--"have heard all
the testimony so far offered, the Court sees no objection to your
acting in his place."
The deputy on the right side of the prisoner leaned over, whispered
something to Tilden, who stared at the Judge and shook his head. It was
evident that Bud had no objection to this nor to anything else, for that
matter. Of all the men in the room he seemed the least interested.
I turned in my seat and touched the arm of my neighbor.


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