In marked contrast to the earnestness of young Mr. Vane, who then rested, Mr. Billings treated the affair from the standpoint of a man of large practice who usually has more weighty matters to attend to.  This was so comparatively trivial as not to be dignified by a serious mien.  He quoted freely from the “Book of Arguments,” reminding the jury of the debt of gratitude the State owed to the Northeastern Railroads for doing so much for its people; and if they were to eliminate all grade crossings, there would be no dividends for the stockholders.  Besides, the law was that the State should pay half when a crossing was eliminated, and the State could not afford it.  Austen had suggested, in his opening, that it was cheaper for the railroad as well as the State to kill citizens.  He asked permission to inquire of the learned counsel for the defence by what authority he declared that the State could not afford to enter into a policy by which grade crossings would gradually be eliminated.

“Why,” said Mr. Billings, “the fact that all bills introduced to this end never get out of committee.”

“May I ask,” said Austen, innocently, “who has been chairman of that particular committee in the lower House for the last five sessions?”

Mr. Billings was saved the embarrassment of answering this question by a loud voice in the rear calling out:—­“Brush Bascom!”

A roar of laughter shook the court room, and all eyes were turned on Brush, who continued to sit unconcernedly with his legs crossed and his arm over the back of the seat.  The offender was put out, order was restored, and Mr. Billings declared, with an injured air, that he failed to see why the counsel for the plaintiff saw fit to impugn Mr. Bascom.

“I merely asked a question,” said Austere; “far be it from me to impugn any man who has held offices in the gift of the people for the last twenty years.”

Another gale of laughter followed this, during which Mr. Billings wriggled his mouth and gave a strong impression that such tactics and such levity were to be deplored.

For the defence, the engineer and fireman both swore that the bell had been rung before the crossing was reached.  Austen merely inquired whether this was not when they had left the station at North Mercer, two miles away.  No, it was nearer.  Pressed to name the exact spot, they could only conjecture, but near enough to be heard on the crossing.  Other witnesses—­among them several picnickers in the grove—­swore that they had heard the bell.  One of these Austen asked if he was not the member from Mercer in the last Legislature, and Mr. Billings, no longer genial, sprang to his feet with an objection.

“I merely wish to show, your Honour,” said Austen, “that this witness accepted a pass from the Northeastern Railroads when he went to the Legislature, and that he has had several trip passes for himself and his family since.”

The objection was not sustained, and Mr. Billings noted an exception.