"Let the ladies retire."
"But, your honor, I have the right, in the interest of my clients,—to cross-exam—"
"You'll not need to exercise it, Mr. Wilson—the evidence is thrown out."
"Thrown out!" said Aunt Patsy, ruffled; "and what's it thrown out for, I'd like to know."
"And so would I, Patsy Cooper. It seems to me that if we can save these poor persecuted strangers, it is our bounden duty to stand up here and talk for them till—"
"There, there, there, do sit down!"
It cost some trouble and a good deal of coaxing, but they were got into their seats at last. The trial was soon ended now. The twins themselves became witnesses in their own defense. They established the fact, upon oath, that the leg-power passed from one to the other every Saturday night at twelve o'clock sharp. But on cross-examination their counsel would not allow them to tell whose week of power the current week was. The judge insisted upon their answering, and proposed to compel them, but even the prosecution took fright and came to the rescue then, and helped stay the sturdy jurist's revolutionary hand. So the case had to go to the jury with that important point hanging in the air. They were out an hour and brought in this verdict:
"We the jury do find: 1, that an assault was committed, as charged; 2, that it was committed by one of the persons accused, he having been seen to do it by several credible witnesses; 3, but that his identity is so merged in his brother's that we have not been able to tell which was him. We cannot convict both, for only one is guilty. We cannot acquit both, for only one is innocent. Our verdict is that justice has been defeated by the dispensation of God, and ask to be discharged from further duty."
This was read aloud in court and brought out a burst of hearty applause. The old ladies made a spring at the twins, to shake and congratulate, but were gently disengaged by Mr. Wilson and softly crowded back into their places.
The judge rose in his little tribune, laid aside his silver-bowed spectacles, roached his gray hair up with his fingers, and said, with dignity and solemnity, and even with a certain pathos:
"In all my experience on the bench, I have not seen justice bow her head in shame in this court until this day. You little realize what far-reaching harm has just been wrought here under the fickle forms of law. Imitation is the bane of courts—I thank God that this one is free from the contamination of that vice—and in no long time you will see the fatal work of this hour seized upon by profligate so-called guardians of justice in all the wide circumstance of this planet and perpetuated in their pernicious decisions. I wash my hands of this iniquity. I would have compelled these culprits to expose their guilt, but support failed me where I had most right to expect aid and encouragement. And I was confronted by a law made in the interest of crime, which protects the criminal from testifying against himself. Yet I had precedents of my own whereby I had set aside that law on two different occasions and thus succeeded in convicting criminals to whose crimes there were no witnesses but themselves. What have you accomplished this day? Do you realize it? You have set adrift, unadmonished, in this community, two men endowed with an awful and mysterious gift, a hidden and grisly power for evil—a power by which each in his turn may commit crime after crime of the most heinous character, and no man be able to tell which is the guilty or which the innocent party in any case of them all. Look to your homes—look to your property—look to your lives—for you have need!
"Prisoners at the bar, stand up. Through suppression of evidence, a jury of your—our—countrymen have been obliged to deliver a verdict concerning your case which stinks to heaven with the rankness of its injustice. By its terms you, the guilty one, go free with the innocent. Depart in peace, and come no more! The costs devolve upon the outraged plaintiff—another iniquity. The court stands dissolved."
Almost everybody crowded forward to overwhelm the twins and their counsel with congratulations; but presently the two old aunties dug the duplicates out and bore them away in triumph through the hurrahing crowd, while lots of new friends carried Pudd'nhead Wilson off tavern-ward to feast him and "wet down" his great and victorious entry into the legal arena. To Wilson, so long familiar with neglect and depreciation, this strange new incense of popularity and admiration was as a fragrance blown from the fields of paradise. A happy man was Wilson.
CHAPTER VI.
THE AMAZING DUEL
A deputation came in the evening and conferred upon Wilson the welcome honor of a nomination for mayor; for the village has just been converted into a city by charter. Tom skulks out of challenging the twins. Judge Driscoll thereupon challenges Angelo (accused by Tom of doing the kicking); he declines, but Luigi accepts in his place against Angelo's timid protest. It was late Saturday night nearing eleven.
The judge and his second found the rest of the war party at the further end of the vacant ground, near the haunted house. Pudd'nhead Wilson advanced to meet them, and said anxiously:
"I must say a word in behalf of my principal's proxy, Count Luigi, to whom you have kindly granted the privilege of fighting my principal's battle for him. It is growing late, and Count Luigi is in great trouble lest midnight shall strike before the finish."
"It is another testimony," said Howard, approvingly. "That young man is fine all through. He wishes to save his brother the sorrow of fighting on the Sabbath, and he is right; it is the right and manly feeling and does him credit. We will make all possible haste."
Wilson said: "There is also another reason—a consideration, in fact, which deeply concerns Count Luigi himself. These twins have command of their mutual legs turn about. Count Luigi is in command now; but at midnight, possession will pass to my principal, Count Angelo, and—well, you can foresee what will happen. He will march straight off the field, and carry Luigi with him."
"Why! sure enough!" cried the judge, "we have heard something about that extraordinary law of their being, already—nothing very definite, it is true, as regards dates and durations of power, but I see it is definite enough as regards to-night. Of course we must give Luigi every chance. Omit all the ceremonial possible, gentlemen, and place us in position."
The seconds at once tossed up a coin; Howard won the choice. He placed the judge sixty feet from the haunted house and facing it; Wilson placed the twins within fifteen feet of the house and facing the judge—necessarily. The pistol-case was opened and the long slim tubes taken out; when the moonlight glinted from them a shiver went through Angelo. The doctor was a fool, but a thoroughly well-meaning one, with a kind heart and a sincere disposition to oblige, but along with it an absence of tact which often hurt its effectiveness. He brought his box of lint and bandages, and asked Angelo to feel and see how soft and comfortable they were. Angelo's head fell over against Luigi's in a faint, and precious time was lost in bringing him to; which provoked Luigi into expressing his mind to the doctor with a good deal of vigor and frankness. After Angelo came to he was still so weak that Luigi was obliged to drink a stiff horn of brandy to brace him up.
The seconds now stepped at once to their posts, halfway between the combatants, one of them on each side of the line of fire. Wilson was to count, very deliberately, "One-two-three-fire!—stop!" and the duelists could bang away at any time they chose during that recitation, but not after the last word. Angelo grew very nervous when he saw Wilson's hand rising slowly into the air as a sign to make ready, and he leaned his head against Luigi's and said:
"Oh, please take me away from here, I can't stay, I know I can't!"
"What in the world are you doing? Straighten up! What's the matter with you?—you're in no danger—nobody's going to shoot at you. Straighten up, I tell you!"