The State:  “The defendant is the father of all of them?”

Mrs. Smilk, with dignity:  “Are you tryin’ to insinuate that he ain’t?”

The State:  “Not at all.  Answer the question, please.”

Mrs. Smilk:  “Yes, he is.”

The State:  “When did you say you were married to the defendant?”

Mrs. Smilk:  “October, 1906.  I got my certificate here with me, if you want to see it.”

The State:  “I would like to see it.”

Counsel for Smilk, benignly:  “The defense has no objection.”

The State, after examining the document:  “It is quite regular.  With the court’s permission, I will submit the document to the jury.”

The Court, to Smilk’s counsel:  “Do you desire to offer this document in evidence?”

Counsel:  “It had not occurred to us that it was necessary, but now that a point is being made of it, I will ask that it be introduced as evidence.”

The State, passing the certificate to the court reporter for his identification mark:  “You have never been divorced from the defendant, have you, Mrs. Smilk?”

Mrs. Smilk:  “Of course not.”  Then nervously:  “Excuse me, but do I get my marriage certificate back?  It’s the only hold I got on—­”

Counsel, hastily:  “Certainly, certainly, Mrs. Smilk.  You need have no worry.  It will be returned to you in due time.”

The State, after reading the certificate aloud, hands it to the foreman, and says:  “The State admits the validity of this certificate.  There can be no question about it.”  Leans against the table and patiently waits until the document has made the rounds.  “Now, Mrs. Similk, you are sure that you have not been divorced from Smilk nor he from you?”

Mrs. Smilk, stoutly; “Course I’m sure.”

The State:  “You heard Mr. Yollop testify that your husband said he had several wives.  So far as you know that is not the case?”

Mrs. Smilk.  “I don’t think he ever said it to Mr. Yollop.  I think Mr. Yollop lied.”

The State:  “I see.  Then you do not believe your husband could have deceived you—­I withdraw that, Mr. Reporter.  You do not believe that your husband is base enough to have married another woman,—­or women,—­without first having obtained a legal divorce from you?”

Mrs. Smilk:  “I wouldn’t be up here testifying in his behalf if I thought that, you bet.  He ain’t that kind of a man.  If I thought he was, I’d like to see him hung.  I’d like to see—­”

The State.  “Never mind, Mrs. Smilk.  We are not trying your husband for bigamy.  I think that is all, your honor.”

Counsel for Smilk:  “You may be excused, Mrs. Smilk.  Take the stand, Cassius.”

Instead of obeying Cassius beckoned to him.  Then followed a long, whispered conference between lawyer and client, at the end of which the former, visibly annoyed, declared that the defendant had decided not to testify.  The Court indicated that it was optional with the prisoner and asked if the counsel desired to introduce any further testimony.  Counsel for the defense announced that his client’s decision had altered his plans and that he was forced to rest his case.  The Assistant District Attorney stated that he had two witnesses to examine in rebuttal.