第23章 THE BENEFIT OF THE DOUBT(5)

A familiar phrase rang in his ears: "It is to laugh." At the height of the wrangle, he giggled, once, aloud, and earned a sullen frown from Judge Witberg.Worse, a myriad times, he decided, were these bullying lawyers and this bullying judge then the bucko mates in first quality hell-ships, who not only did their own bullying but protected themselves as well.These petty rapscallions, on the other hand, sought protection behind the majesty of the law.They struck, but no one was permitted to strike back, for behind them were the prison cells and the clubs of the stupid policemen--paid and professional fighters and beaters-up of men.Yet he was not bitter.The grossness and the sliminess of it was forgotten in the simple grotesqueness of it, and he had the saving sense of humor.

Nevertheless, hectored and heckled though he was, he managed in the end to give a simple, straightforward version of the affair, and, despite a belligerent cross-examination, his story was not shaken in any particular.Quite different it was from the perjuries that had shouted aloud from the perjuries of Patsy and his two witnesses.

Both Patsy's attorney and the Prosecuting Attorney rested their cases, letting everything go before the Court without argument.

Watson protested against this, but was silenced when the Prosecuting Attorney told him that Public Prosecutor and knew his business.

"Patrick Horan has testified that he was in danger of his life and that he was compelled to defend himself," Judge Witberg's verdict began."Mr.Watson has testified to the same thing.

Each has sworn that the other struck the first blow; each has sworn that the other made an unprovoked assault on him.It is an axiom of the law that the defendant should be given the benefit of the doubt.A very reasonable doubt exists.

Therefore, in the case of the People Versus Carter Watson the benefit of the doubt is given to said Carter Watson and he is herewith ordered discharged from custody.The same reasoning applies to the case of the People Versus Patrick Horan.He is given the benefit of the doubt and discharged from custody.My recommendation is that both defendants shake hands and make up."In the afternoon papers the first headline that caught Watson's eye was: "CARTER WATSON ACQUITTED." In the second paper it was:

"CARTER WATSON ESCAPES A FINE." But what capped everything was the one beginning: "CARTER WATSON A GOOD FELLOW." In the text he read how Judge Witberg had advised both fighters to shake hands, which they promptly did.Further, he read:

"'Let's have a nip on it,' said Patsy Horan.

"'Sure,' said Carter Watson.

"And, arm in arm, they ambled for the nearest saloon."IV

Now, from the whole adventure, Watson carried away no bitterness.It was a social experience of a new order, and it led to the writing of another book, which he entitled, "POLICECOURT PROCEDURE: A Tentative Analysis."

One summer morning a year later, on his ranch, he left his horse and himself clambered on through a miniature canyon to inspect some rock ferns he had planted the previous winter.

Emerging from the upper end of the canyon, he came out on one of his flower-spangled meadows, a delightful isolated spot, screened from the world by low hills and clumps of trees.And here he found a man, evidently on a stroll from the summer hotel down at the little town a mile away.They met face to face and the recognition was mutual.It was Judge Witberg.

Also, it was a clear case of trespass, for Watson had trespass signs upon his boundaries, though he never enforced them.

Judge Witberg held out his hand, which Watson refused to see.

"Politics is a dirty trade, isn't it, Judge?" he remarked."Oh, yes, I see your hand, but I don't care to take it.The papers said I shook hands with Patsy Horan after the trial.You know Idid not, but let me tell you that I'd a thousand times rather shake hands with him and his vile following of curs, than with you."Judge Witberg was painfully flustered, and as he hemmed and hawed and essayed to speak, Watson, looking at him, was struck by a sudden whim, and he determined on a grim and facetious antic.

"I should scarcely expect any animus from a man of your acquirements and knowledge of the world," the Judge was saying.

"Animus?" Watson replied."Certainly not.I haven't such a thing in my nature.And to prove it, let me show you something curious, something you have never seen before." Casting about him, Watson picked up a rough stone the size of his fist."See this.Watch me."So saying, Carter Watson tapped himself a sharp blow on the cheek.The stone laid the flesh open to the bone and the blood spurted forth.

"The stone was too sharp," he announced to the astounded police judge, who thought he had gone mad.

"I must bruise it a trifle.There is nothing like being realistic in such matters."Whereupon Carter Watson found a smooth stone and with it pounded his cheek nicely several times.

"Ah," he cooed."That will turn beautifully green and black in a few hours.It will be most convincing.""You are insane," Judge Witberg quavered.

"Don't use such vile language to me," said Watson."You see my bruised and bleeding face? You did that, with that right hand of yours.You hit me twice--biff, biff.It is a brutal and unprovoked assault.I am in danger of my life.I must protect myself."Judge Witberg backed away in alarm before the menacing fists of the other.

"If you strike me I'll have you arrested," Judge Witberg threatened.

"That is what I told Patsy," was the answer."And do you know what he did when I told him that?""No."

"That!"

And at the same moment Watson's right fist landed flush on Judge Witberg's nose, putting that legal gentleman over on his back on the grass.