—­’stayed with flagons’!  I am not aware, at present, what kind of liquor is habitually dispensed at these meetings, and for which the defendant so urgently clamored; but it will be my duty before this trial is over to discover it, if I have to summon every barkeeper in this district.  For the moment, I will simply call your attention to the quantity.  It is not a single drink that the defendant asks for —­not a glass of light and generous wine, to be shared with his inamorata—­but a number of flagons or vessels, each possibly holding a pint measure—­for himself!”

The smile of the audience had become a laugh.  The Judge looked up warningly, when his eye caught the fact that the Colonel had again winced at this mirth.  He regarded him seriously.  Mr. Hotchkiss’s counsel had joined in the laugh affectedly, but Hotchkiss himself was ashy pale.  There was also a commotion in the jury-box, a hurried turning over of leaves, and an excited discussion.

“The gentlemen of the jury,” said the Judge, with official gravity, “will please keep order and attend only to the speeches of counsel.  Any discussion here is irregular and premature—­and must be reserved for the jury-room—­after they have retired.”

The foreman of the jury struggled to his feet.  He was a powerful man, with a good-humored face, and, in spite of his unfelicitous nickname of “The Bone-Breaker,” had a kindly, simple, but somewhat emotional nature.  Nevertheless, it appeared as if he were laboring under some powerful indignation.

“Can we ask a question, Judge?” he said, respectfully, although his voice had the unmistakable Western-American ring in it, as of one who was unconscious that he could be addressing any but his peers.

“Yes,” said the Judge, good-humoredly.

“We’re finding in this yere piece, out of which the Kernel hes just bin a-quotin’, some language that me and my pardners allow hadn’t orter to be read out afore a young lady in court—­and we want to know of you—­ez a fair-minded and impartial man—­ef this is the reg’lar kind o’ book given to gals and babies down at the meetin’-house.”

“The jury will please follow the counsel’s speech, without comment,” said the Judge, briefly, fully aware that the defendant’s counsel would spring to his feet, as he did promptly.  “The Court will allow us to explain to the gentlemen that the language they seem to object to has been accepted by the best theologians for the last thousand years as being purely mystic.  As I will explain later, those are merely symbols of the Church—­”

“Of wot?” interrupted the foreman, in deep scorn.

“Of the Church!”

“We ain’t askin’ any questions o’ you—­and we ain’t takin’ any answers,” said the foreman, sitting down promptly.

“I must insist,” said the Judge, sternly, “that the plaintiff’s counsel be allowed to continue his opening without interruption.  You” (to defendant’s counsel) “will have your opportunity to reply later.”