ar instance,
moreover, it is barely possible that the colonel was acting on a cue,
privily conveyed to him before the court opened.
"May it please Your Honor," he began, "I have just conferred with the
defendant here; and, acting in the capacity of his guardian _ad litem_,
I have advised him to waive an opening address by counsel. Indeed, the
defendant has no counsel. Furthermore, the defendant, also acting upon
my advice, will present no witnesses in his own behalf. But, with Your
Honor's permission, the defendant will now make a personal statement;
and thereafter he will rest content, leaving the final arbitrament of
the issue to Your Honor's discretion."
"I object!" exclaimed Mr. Sublette briskly.
"On what ground does the learned counsel object?" inquired Judge Priest.
"On the grounds that, since the mental competence of this man is
concerned--since it is our contention that he is patently and plainly a
victim of senility, an individual prematurely in his dotage--any
utterances by him will be of no value whatsoever in aiding the
conscience and intelligence of the court to arrive at a fair and just
conclusion regarding the defendant's mental condition."
Mr. Sublette excelled in the use of big words; there was no doubt about
that.
"The objection is overruled," said Judge Priest. He nodded in the
direction of O'Day and Colonel Farrell. "The court will hear the
defendant. He is not to be interrupted while making his statement. The
defendant may proceed."
Without further urging, O'Day stood up, a tall, slab-sided rack of a
man, with his long arms dangling at his sides, half facing Judge Priest
and half facing his nephew and his nephew's lawyer. Without hesitation
he began to speak. And this was what he said:
"There's mebbe some here ez knows about how I was raised and fetched up.
My paw and my maw died when I was jest only a baby; so I was brung up
out here at the old county porehouse ez a pauper. I can't remember the
time when I didn't have to work for my board and keep, and work hard.
While other boys was goin' to school and playin' hooky, and goin' in
washin' in the creek, and playin' games, and all sech ez that, I had to
work. I never done no playin' round in my whole life--not till here jest
recently, anyway.
"But I always craved to play round some. I didn't never say nothin'
about it to nobody after I growed up, 'cause I figgered it out they
wouldn't understand and mebbe'd laugh at me; but all th
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