n imagined that in his tone was
conviction that the summons would meet with no response.

In order to make clear the exact effect of my appearance, I must go back
and summarize briefly, from accounts later given me by Marcus and
Weighborne, the occurrences of that half-hour which preceded my calling
to the witness stand.

Garvin had appeared in his court-room with his usual affability. He had
even paused to shake hands with Weighborne and express regrets for his
unfortunate "accident." His Honor had announced that he would prefer, in
default of objection, passing all criminal cases to the foot of the
docket, first disposing of several matters of probate and minor
importance. To this Marcus had agreed.

When the reporters appeared the judge was surprised, but his wily
composure had betrayed no evidence of chagrin, and he had halted affairs
to chat with the pencil-wielders while his bailiff provided them with a
table and chairs just below the rostrum.

Then had come the call of the cases against the alleged murderers of
Rat-Ankle, and the attorney's prompt motion to swear Garvin off the
bench. In support of his motion, Marcus launched into a dispassionate,
but unsoftened charge that the judge, himself, had been the chief
instigator of the ambuscade. Garvin had listened with growing amusement.

"Whose affidavits have you to file, Mr. Marcus?" he purred with
unruffled composure.

"That of myself--"

"Is that all?"

"Also that of Mr. Deprayne."

"I've done been informed," drawled the Court, "that Mr. Deprayne was
seen leaving for the Virginia line some days back, and that he told
several people he was going home. If I'd known of his plans I'd
certainly have held him as a material witness, but unfortunately it's
too late now."

"Here is his affidavit," responded Marcus. "I submit it to Your Honor in
support of my motion."

Garvin took the paper and read it slowly. It was in general terms and
did not make clear to him that it had been so recently penned. After the
perusal he delivered himself slowly.

"Learned counsel has made some mighty grave charges against this Co'te;
counsel has been led astray by personal feelin'. The Co'te must protect
its own dignity. The Co'te sees no reason to regard this paper as
genuine, unless Mr. Deprayne himself will state that he swore to it. The
Co'te regrets that it can't produce that witness for the learned
counsel. The Co'te wishes only--" here he glanced significantly at th