He had been employed by the young scamps to defend them.  He and Bart had already met, and the latter was worsted in the case, and had received from Brace the usual Billingsgate.  He was on hand well charged on the day for the appearance of the defendants, and was at no pains to conceal the contempt he felt for his young opponent.

Bart said no more than the occasion demanded, and seemingly paid no attention to Brace.

The magistrate, a man of plain, hard sense, adjourned the case to a large school-house, and invited Judge Markham to sit in, and preside at the trial, to which the Judge consented, which secured a decorous and fair hearing.

On the day, parties, witnesses, court, jury, and counsel, were on hand—­a larger crowd than Newbury had seen for years.  The case was called and the jury sworn, when Brace arose, and with a loud nourish demanded that the plaintiff be nonsuited, on the ground of the nonage of the defendants, and concluded by expressing his surprise at the ignorance of the plaintiff’s counsel:  everybody knew that a minor could not be sued; he even went so far as to express his pity for the plaintiff.  Bart answered that it did not appear that any of the defendants were under age.  If they were infants, and wanted to escape on the cry of baby, they must plead it, if their counsel knew what that meant; so that the plaintiff might take issue upon it, and the court be informed of the facts.  The court held this to be the law, and Brace filed his plea of infancy.  Bart then read from the Ohio statutes that when a minor was sued in an action of tort, as in this case, the court should appoint a guardian ad litem, and the parol should not demur; and he moved the court to appoint guardians ad litem, for the defendants.

Brace’s eyes sparkled; and springing to his feet, he thundered out:  “The parol shall not demur—­the parol shall not demur.  I have got this simpleton where I wanted him!  I didn’t ’spose he was fool enough to run into this trap; I set it on purpose for him:  anybody else would have seen it; anything will catch him.  The case can go no farther; the phrase, may it please the court, is Latin, and means that the case shall be dismissed.  The parol, the plaintiff shall not demur, shall not have his suit.  Why didn’t Ford explain this matter to this green bumpkin, and save his client the costs?”

Barton reminded the court that the statute made it the duty of the court to appoint guardians ad litem, which was a declaration that the case was to go on; if it was to stop, no guardians were needed.  Brace had said the terms were Latin; he presumed that his Latin was like his law; he thought it was old law French.  He produced a law—­dictionary, from which it appeared that the meaning was, the case should not be delayed, till the defendants were of age.  Guardians should be appointed for them, and the case proceed, and so the court ruled.