asked his counsel to object to his allowing the
witness to continually assert that the man he saw was the prisoner.

"He does not know that it was I. He is mistaken as are you all." And
Nathan Goodbody leaped to his feet.

"I object on behalf of my client to the assumption throughout this
whole examination, that the man whom the witness claims to have seen
was the prisoner. No proof to that effect has yet been brought
forward."

The witness was then required to give his reasons for his assertion
that the prisoner was the man he saw three years before.

"By what marks do you know him? Why is he not the man he claims to be,
the son of the plaintiff?"

"Oh, I know heem all right. Meester Craikmile's son, he vos more white
in de face. Hees hair vas more--more--I don' know how you call
dot--crooked on hees head yet." Nels put his hand to his head and
caught one of his straight, pale gold locks, and twisted it about. "It
vas goin round so,--und it vas more lighter yet as dot man here, und
hees face vas more lighter too, und he valked mit stick all time und
he don' go long mit hees head up,--red in hees face like dis man here
und dark in hees face too. Craikmile's son go all time limpin' so."
Nels took a step to illustrate the limp of Peter Junior when he had
seen him last.

"Do you see any other points of difference? Were the young men the
same height?"

"Yas, dey vas yust so high like each other, but not so vide out yet.
Dis man he iss vider yet as Meester Craikmile's son, he iss got more
chest like von goot horse--Oh, I know by men yust de same like horses
vat iss der difference yet."

"Now you tell the court just what you saw the next day. At what time
of the day was it?"

"It vas by der night I seen heem."

"On Monday night?"

"Yas."

"Late Monday night?"

"No, not so late, bot it vas dark already."

"Tell the court exactly where you saw him, when you saw him, and with
whom you saw him, and what you heard said."

"It vas by Ballards' I seen heem. I vas comin' home und it vas dark
already yust like I tol' you, und I seen dot man come along by
Ballards' house und stand by der door--long time I seen heem stan'
dere, und I yust go by der little trees under, und vatching vat it is
for doin' dere, dot man? Und I seen heem it iss der young man vat iss
come dot day askin' vere iss Ballards' folks, und so I yust wait und
look a little out, und I vatchin' heem. Und I seen heem stand und
vaitin' minute by der