r side said he would endeavor to worry along
without more assistance from Mr. Sowerby, and the witness retired to a
neighboring bench.

Mr. McWilliamson was next called, and deposed as follows:

"I was a-standing as close to Mr. Smith as I am to this pulpit,
a-chaffing with one of the lager beer girls--Sophronia by name, being
from summers in Germany, so she says, but as to that, I--"

LAWYER.--"Well, now, never mind the nativity of the lager beer girl, but
state, as concisely as possible, what you know of the assault and
battery."

WITNESS.--"Certainly--certainly. Well, German or no German,--which I'll
take my oath I don't believe she is, being of a red-headed disposition,
with long, bony fingers, and no more hankering after Limberger cheese
than--"

LAWYER.--"Stop that driveling nonsense and stick to the assault and
battery. Go on with your story."

WITNESS.--"Well, sir, she--that is, Jones--he sidled up and drawed his
revolver and tried to shoot the top of Smith's head off, and Smith run,
and Sophronia she walloped herself down in the saw-dust and screamed
twice, just as loud as she could yell. I never see a poor creature in
such distress--and then she sung out: 'O, H--ll's fire! What are they up
to now? Ah, my poor dear mother, I shall never see you more!'--saying
which, she jerked another yell and fainted away as dead as a wax figger.
Thinks I to myself, I'll be danged if this ain't gettin' rather dusty,
and I'll--"

THE COURT.--"We have no desire to know what you thought; we only wish to
know what you saw. Are you sure Mr. Jones endeavored to shoot the top of
Mr. Smith's head off?"

WITNESS.--"Yes, your Honor."

THE COURT.--"How many times did he shoot?"

WITNESS.--"Well, sir, I couldn't say exactly as to the number--but I
should think--well, say seven or eight times--as many as that, anyway."

THE COURT.--"Be careful now, and remember you are under oath. What kind
of a pistol was it?"

WITNESS.--"It was a Durringer, your Honor."

THE COURT.--"A derringer! You must not trifle here, sir. A derringer
only shoots once--how then could Jones have fired seven or eight times?"
(The witness is evidently as stunned by that last proposition as if a
brick had struck him.)

WITNESS.--"Well, your Honor--he--that is, she--Jones, I mean--Soph--"

THE COURT.--"Are you sure he fired more than one shot? Are you sure he
fired at all?"

WITNESS.--"I--I well, perhaps he didn't--and--and your Honor may be
right. B