wife.  There was no question as to the circumstances to which she so definitely and aggressively testified.  No one could gainsay the deplorable fact that she had, as she supposed, been linked in lawful wedlock to Mr. Tutt’s isosceles client.  But there was that in her manner which suggested that she felt that being the last she should be first, that finding was keeping, and that possession was nine points of matrimonial law.

And, as before, Mr. Tutt said nothing.  Neither he nor Tutt nor Bonnie Doon nor yet Higgleby showed any the least sign of concern.  Caput’s momentarily returning self-possession forsook him.  What portended his ominous silence?  Had he made some horrible mistake?  Had he overlooked some important jurisdictional fact?  Was he now to be hoist for some unknown reason by his own petard?  He was, poor innocent—­he was!

“That is the case,” he announced faintly.  “The People rest.”

Judge Russell looked down curiously at Mr. Tutt.

“Well,” he remarked, “how about it, Mr. Tutt?”

But the old lawyer only smiled.

“Come here a minute,” directed His Honor.

And when Mr. Tutt reached the bench the judge said:  “Have you any defense in this case?  If not, why don’t you plead guilty and let me dispose of the matter?”

“But, Your Honor,” protested Mr. Tutt, “of course I have a defense—­and a most excellent one!”

“You have?”

“Certainly.”

The judged elevated his forehead.

“Very well,” he remarked; “if you really have one you had better go on with it.  And,” he added beneath his breath, but in a tone clearly audible to the clerk, “the Lord have mercy on your soul!”

The assistants saw Caput subside into his chair and simultaneously Mr. Tutt slowly raise his lank form toward the ceiling.

“Gentlemen of the jury,” said he benignly:  “My client, Mr. Higgleby, is charged in this indictment with the crime of bigamy committed here in New York, in marrying Alvina Woodcock—­the strong-minded lady on the front row of benches there—­when he already had a lawful wife living in Chicago.  The indictment alleges no other offense and the district attorney has not sought to prove any, my learned and eloquent adversary, Mr. Magnus, having a proper regard for the constitutional rights of every unfortunate whom he brings to the bar of justice.  If therefore I can prove to you that Mr. Higgleby was never lawfully married to Tomascene Startup in Chicago on the eleventh of last May or at any other time, the allegation of bigamy falls to the ground; at any rate so far as this indictment is concerned.  For unless the indictment sets forth a valid prior marriage it is obvious that the subsequent marriage cannot be bigamous.  Am I clear?  I perceive by your very intelligent facial expressions that I am.  Well, my friends, Mr. Higgleby never was lawfully married to Tomascene Startup last May in Chicago, and you will therefore be obliged to acquit him!  Come here, Mr. Smithers.”