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Smith, Francis Hopkinson, 1838-1915

"The Under Dog"

I have not conferred with
him, and therefore do not know what answers he has to make to this
infamous charge. I am convinced, however, that his own statement under
oath will clear up at once any doubt remaining in the minds of this
honorable jury of his innocence."
This was said with a certain ill-concealed triumph in his voice. I saw
now why he had taken the case, and saw, too, the drift of his
defence--everything thus far pointed to the old hackneyed plea of an
alibi. He had evidently determined on this course of action when he sat
listening to the stories Bud's father and the girl had told him as he
sat beside them on the bench near the door. Their testimony, taken in
connection with the uncertain testimony of the Government's principal
witness, the mail-carrier, as to the exact time of the assault, together
with the prisoner's testimony stoutly denying the crime, would insure
either an acquittal or a disagreement. The first would result in his
fees being paid by the court, the second would add to this amount
whatever Bud's friends could scrape together to induce him to go on with
the second trial.


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