he background, was called,
in the hope to save one of the defendants. Him Bart cross-examined,
and it was observed that after a question or two he arose and turned
upon him, and plied him with questions rapid and unexpected, until
he was embarrassed and confused. Brace, by objections and argument,
intended as instructions to the witness, only increased his
perplexity, and he finally sat down with the impression that he had
made a bad exhibition of himself, and had damaged the case.

It was now midnight, when the evidence was closed, and Barton proposed
to submit the case without argument. Brace objected. He wanted
to explain the case, and clear up the mistakes, and expose the
rascalities of the plaintiff's witnesses; and the trial was adjourned
until the next morning.

When the case was resumed the following day, Bart, in a clear, simple
way, stated his case, and the evidence in support of it, making two or
three playful allusions to his profound and accomplished opponent.

Brace followed on full preparation for the defence. Of course it was
obvious, even to him, that he was hopelessly beaten; and mortified and
enraged, he emptied all the vials of his wrath and vituperation upon
the head of Bart, his client and witnesses, and sat down, at the end
of an hour, exhausted.

When Bart arose to reply, he seemed to stand a foot taller than he
ever appeared before. Calmly and in a suppressed voice he restated
his case, and, with a few well--directed blows, demolished the legal
aspects of the defence. He then turned upon his opponent; no restraint
was on him now. He did not descend to his level, but cut and thrust
and flayed him from above. Even the Newbury mob could now see the
difference between wit and vulgarity, and were made to understand that
coarseness and abuse were not strength. His address to the court was
superb; and when he finally turned to the jury, with a touching sketch
of the helplessness of the plaintiff, and of the lawless violence
of the defendants, who had long been a nuisance, and had now become
dangerous to peace and good order, and submitted the case, the crowd
looked and heard with open-mouthed wonder. Had a little summer cloud
come down, with thunder, lightning and tempest, they would not have
been more amazed. When he ceased, a murmur, which ran into applause,
broke from the cool, acute, observing and thinking New Englanders and
their children, who were present.

Judge Markham promptly repressed