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did 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 twicebiff; 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。



〃Get up!〃 commanded Watson。 〃If you are a gentleman; get

upthat's what Patsy told me; you know。〃



Judge Witberg declined to rise; and was dragged to his feet by

the coat…collar; only to have one eye blacked and be put on his

back again。 After that it was a red Indian massacre。 Judge

Witberg was humanely and scientifically beaten up。 His checks

were boxed; his cars cuffed; and his face was rubbed in the

turf。 And all the time Watson exposited the way Patsy Horan had

done it。 Occasionally; and very carefully; the facetious

sociologist administered a real bruising blow。 Once; dragging

the poor Judge to his feet; he deliberately bumped his own nose

on the gentleman's head。 The nose promptly bled。



〃See that!〃 cried Watson; stepping back and deftly shedding his

blood all down his own shirt front。 〃You did it。 With your fist

you did it。 It is awful。 I am fair murdered。 I must again

defend myself。〃



And once more Judge Witberg impacted his features on a fist and

was sent to grass。



〃I will have you arrested;〃 he sobbed as he lay。



〃That's what Patsy said。〃



〃A brutal…sniff; sniff;and unprovokedsniff; sniff

assault。〃



〃That's what Patsy said。〃



〃I will surely have you arrested。〃



〃Speaking slangily; not if I can beat you to it。〃



And with that; Carter Watson departed down the canyon; mounted

his horse; and rode to town。



An hour later; as Judge Witberg limped up the grounds to his

hotel; he was arrested by a village constable on a charge of

assault and battery preferred by Carter Watson。



V



〃Your Honor;〃 Watson said next day to the village Justice; a

well to do farmer and graduate; thirty years before; from a cow

college; 〃since this Sol Witberg has seen fit to charge me with

battery; following upon my charge of battery against him; I

would suggest that both cases be lumped together。 The testimony

and the facts are the same in both cases。〃



To this the Justice agreed; and the double case proceeded。

Watson; as prosecuting witness; first took the stand and told

his story。



〃I was picking flowers;〃 he testified。 〃Picking flowers on my

own land; never dreaming of danger。 Suddenly this man rushed

upon me from behind the trees。 'I am the Dodo;' he says; 'and I

can do you to a frazzle。 Put up your hands。' I smiled; but with

that; biff; biff; he struck me; knocking me down and spilling

my flowers。 The language he used was frightful。 It was an

unprovoked and brutal assault。 Look at my cheek。 Look at my

noseI could not understand it。 He must have been drunk。

Before I recovered from my surprise he had administered this

beating。 I was in danger of my life and was compelled to defend

himself。 That is all; Your Honor; though I must say; in

conclusion; that I cannot get over my perplexity。 Why did he

say he was the Dodo? Why did he so wantonly attack me?〃



And thus was Sol Witberg given a liberal education in the art

of perjury。 Often; from his high seat; he had listened

indulgently to police court perjuries in cooked…up cases; but

for the first time perjury was directed against him; and he no

longer sat above the court; with the bailiffs; the Policemen's

clubs; and the prison cells behind him。



〃Your Honor;〃 he cried; 〃never have I heard such a pack of lies

told by so bare…faced a liar!'



Watson here sprang to his feet。



〃Your Honor; I protest。 It is for your Honor to decide truth or

falsehood。 The witness is on the stand to testify to actual

events that have transpired。 His personal opinion upon things

in general; and upon me; has no bearing on the case whatever。〃



The Justice scratched his head and waxed phlegmatically

indignant。



〃The point is well taken;〃 he decided。 〃I am surprised at you;

Mr。 Witberg; claiming to be a judge and skilled in the practice

of the law; and yet being guilty of such unlawyerlike conduct。

Your manner; sir; and your methods; remind me of a shyster。

This is a simple case of assault and battery。 We are here to

determine who struck the first blow; and we are not interested

in your estimates of Mr。 Watson's personal character。 Proceed

with your story。〃



Sol Witberg would have bitten his bruised and swollen lip in

chagrin; had it not hurt so much。 But he contained himself and

told a simple; straightforward; truthful story。



〃Your Honor;〃 Watson said; 〃I would suggest that you ask him

what he was doing on my premises。〃



〃A very good question。 What were you doing; sir; on Mr。

Watson's premises?〃



〃I did not know they were his premises。〃



〃It was a trespass; your Honor;〃 Watson cried。 〃The warnings

are posted conspicuously。〃



〃I saw no warnings;〃 said Sol Witberg。



〃I have seen them myself;〃 snapped the Justice。 〃They are very

conspicuous。 And I would warn you; sir; that if you palter with

the truth in such little matters you may darken your more

important statements with suspicion。 Why did you strike Mr。

Watson?〃



〃Your Honor; as I have testified; I did not strike a blow。〃



The Justice looked at Carter Watson's bruised and swollen

visage; and turned to glare at Sol Witberg。



〃Look at that man's cheek!〃 he thundered。 〃If you did not

strike a blow how comes it that he is so disfigured and

injured?〃



〃As I testified〃



〃Be careful;〃 the Justice warned。



〃I will be careful; sir。 I will say nothing but the truth。 He

struck himself with a rock。 He struck himself with two

different rocks。〃



〃Does it stand to reason that a man; any man not a lunatic;

would so injure himself; and continue to injure himself; by

striking the soft and sensitive parts of his face with a

stone?〃 Carter Watson demanded



〃It sounds like a fairy story;〃 was the Justice's comment。



〃Mr。 Witberg; had you been drinking?〃



〃No; sir。〃



〃Do you never drink?〃



〃On occasion。〃



The Justice meditated on this answer with an air of astute

profundity。



Watson took advantage of the opportunity to wink at Sol

Witberg; but that much…abused gentleman saw nothing humorous in

the situation。



〃A very peculiar case; a very peculiar case;〃 the Justice

announced; as he began his verdict。 〃The evidence of the two

parties is flatly contradictory。 There are no witnesses outside

the two principals。 Each claims the other committed the

assault; and I have no legal way of determining the truth。 But

I have my private opinion; Mr。 Witberg; and I would recommend

that henceforth you keep off of Mr。 Watson's premises and keep

away from this section of the country〃



〃This is an outrage!〃 Sol Witberg blurted out。



〃Sit down; sir!〃 was the Justice's thundered command。 〃If you

interrupt the Court in this manner again; I shall fine you for

contempt。 And I warn you I shall fine you heavilyyou; a judge

yourself; who should be conversant with the courtesy and

dignity of courts。 I shall now give my verdict:



〃It is a rule of law that the defendant shall be given the

benefit of the doubt。 As I have said; and I repeat; there is no

legal way for me to determine who struck the first blow。

Therefore; and much to my regret;〃here he paused and glared

at Sol Witberg〃in each of these cases I am compelled to give

the defendant the benefit of the doubt。 Gentlemen; you are both

dismissed。〃



〃Let us have a nip on it;〃 Watson said to Witberg; as they left

the courtroom; but that outraged person refused to lock arms

and amble to the nearest saloon。







WINGED BLACKMAIL



PETER WINN lay back comfortably in a library chair; with closed

eyes; deep in the cogitation of a scheme of campaign destined

in the near future to make a certain coterie of hostile

financiers sit up。 The central idea had come to him the night

before; and he was now reveling in the planning of the remoter;

minor details。 By obtaining control of a certain up…country

bank; two general stores; and several loggi

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