He would remind the jury that only a few weeks ago he stood there as the advocate of a powerful Company, then represented by the present defendant. He spoke then as the champion of strict justice against legal oppression; no less should he to-day champion the cause of the unprotected and the comparatively defenseless--save for that paramount power which surrounds beauty and innocence--even though the plaintiff of yesterday was the defendant of to-day. As he approached the court a moment ago he had raised his eyes and beheld the starry flag flying from its dome, and he knew that glorious banner was a symbol of the perfect equality, under the Constitution, of the rich and the poor, the strong and the weak--an equality which made the simple citizen taken from the plough in the field, the pick in the gulch, or from behind the counter in the mining town, who served on that jury, the equal arbiters of justice with that highest legal luminary whom they were proud to welcome on the bench to-day. The Colonel paused, with a stately bow to the impassive Judge. It was this, he continued, which lifted his heart as he approached the building. And yet--he had entered it with an uncertain--he might almost say--a timid step. And why? He knew, gentlemen, he was about to confront a profound--aye! a sacred responsibility! Those hymn-books and holy writings handed to the jury were NOT, as his Honor had surmised, for the purpose of enabling the jury to indulge in--er--preliminary choral exercise!
He might, indeed, say, "Alas, not!" They were the damning, incontrovertible proofs of the perfidy of the defendant. And they would prove as terrible a warning to him as the fatal characters upon Belshazzar's wall. There was a strong sensation. Hotchkiss turned a sallow green. His lawyers assumed a careless smile.
It was his duty to tell them that this was not one of those ordinary "breach-of-promise" cases which were too often the occasion of ruthless mirth and indecent levity in the court-room.
The jury would find nothing of that here. There were no love-letters with the epithets of endearment, nor those mystic crosses and ciphers which, he had been credibly informed, chastely hid the exchange of those mutual caresses known as "kisses." There was no cruel tearing of the veil from those sacred privacies of the human affection; there was no forensic shouting out of those fond confidences meant only for ONE. But there was, he was shocked to say, a new sacrilegious intrusion. The weak pipings of Cupid were mingled with the chorus of the saints,--the sanctity of the temple known as the "meeting--house" was desecrated by proceedings more in keeping with the shrine of Venus; and the inspired writings themselves were used as the medium of amatory and wanton flirtation by the defendant in his sacred capacity as deacon.
The Colonel artistically paused after this thunderous denunciation.
The jury turned eagerly to the leaves of the hymn-books, but the larger gaze of the audience remained fixed upon the speaker and the girl, who sat in rapt admiration of his periods. After the hush, the Colonel continued in a lower and sadder voice: "There are, perhaps, few of us here, gentlemen,--with the exception of the defendant,--who can arrogate to themselves the title of regular church-goers, or to whom these humbler functions of the prayer-meeting, the Sunday-school, and the Bible-class are habitually familiar. Yet"--more solemnly--"down in our hearts is the deep conviction of our shortcomings and failings, and a laudable desire that others, at least, should profit by the teachings we neglect.
Perhaps," he continued, closing his eyes dreamily, "there is not a man here who does not recall the happy days of his boyhood, the rustic village spire, the lessons shared with some artless village maiden, with whom he later sauntered, hand in hand, through the woods, as the simple rhyme rose upon their lips,--
'Always make it a point to have it a rule, Never to be late at the Sabbath-school.'
He would recall the strawberry feasts, the welcome annual picnic, redolent with hunks of gingerbread and sarsaparilla. How would they feel to know that these sacred recollections were now forever profaned in their memory by the knowledge that the defendant was capable of using such occasions to make love to the larger girls and teachers, whilst his artless companions were innocently--the Court will pardon me for introducing what I am credibly informed is the local expression--'doing gooseberry'?" The tremulous flicker of a smile passed over the faces of the listening crowd, and the Colonel slightly winced. But he recovered himself instantly, and continued,--
"My client, the only daughter of a widowed mother--who has for years stemmed the varying tides of adversity, in the western precincts of this town--stands before you to-day invested only in her own innocence. She wears no--er--rich gifts of her faithless admirer--is panoplied in no jewels, rings, nor mementos of affection such as lovers delight to hang upon the shrine of their affections; hers is not the glory with which Solomon decorated the Queen of Sheba, though the defendant, as I shall show later, clothed her in the less expensive flowers of the king's poetry.
