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those extraordinary twins-第8节

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Mr。 Allen jumped up and exclaimed: 〃I protest against these foolish
irrelevancies。  What have they to do with the case?〃

Wilson said: 〃Calm yourself; brother; it was only an experiment。  Now;
Mr。 Wakeman; if one of these gentlemen chooses to join an association and
the other doesn't; and if one of them enjoys whisky and the other
doesn't; but sets it aside and leaves it unprotected〃 (titter from the
audience); 〃it seems to show that they have independent minds; and
tastes; and preferences; and that one of them is able to approve of a
thing at the very moment that the other is heartily disapproving of it。
Doesn't it seem so to you?〃

〃Certainly it does。  It's perfectly plain。〃

〃Now; then; it might beI only say it might bethat one of these
brothers wanted to kick the plaintiff last night; and that the other
didn't want that humiliating punishment inflicted upon him in that public
way and before all those people。  Isn't that possible?〃

〃Of course it is。  It's more than possible。  I don't believe the blond
one would kick anybody。  It was the other one that〃

〃Silence!〃 shouted the plaintiff's counsel; and went on with an angry
sentence which was lost in the wave of laughter that swept the house。

〃That will do; Mr。  Wakeman;〃 said Wilson; 〃you may stand down。〃

The third witness was called。  He had seen the twins kick the plaintiff。
Mr。 Wilson took the witness。

〃Mr。 Rogers; you say you saw these accused gentlemen kick the plaintiff?〃

〃Yes; sir。〃

〃Both of them?〃

〃Yes; sir。〃

〃Which of them kicked him first?〃

〃Whytheythey both kicked him at the same time。

〃Are you perfectly sure of that?〃

〃Yes; sir。〃

〃What makes you sure of it?〃

〃Why; I stood right behind them; and saw them do it。〃

〃How many kicks were delivered?〃

〃Only one。〃

〃If two men kick; the result should be two kicks; shouldn't it?〃

〃Whywhy yes; as a rule。〃

〃Then what do you think went with the other kick?〃

〃Iwellthe fact is; I wasn't thinking of two being necessary; this
time。〃

〃What do you think now?〃

〃Well; II'm sure I don't quite know what to think; but I reckon that
one of them did half of the kick and the other one did the other half。〃

Somebody in the crowd sung out: 〃It's the first sane thing that any of
them has said。〃

The audience applauded。  The judge said: 〃Silence! or I will clear the
court。〃

Mr。 Allen looked pleased; but Wilson did not seem disturbed。  He said:

〃Mr。 Rogers; you have favored us with what you think and what you reckon;
but as thinking and reckoning are not evidence; I will now give you a
chance to come out with something positive; one way or the other; and
shall require you to produce it。  I will ask the accused to stand up and
repeat the phenomenal kick of last night。〃  The twins stood up。  〃Now;
Mr。 Rogers; please stand behind them。〃

A Voice: 〃No; stand in front!〃 (Laughter。  Silenced by the court。)
Another Voice:  〃No; give Tommy another highst!〃  (Laughter。  Sharply
rebuked by the court。)

〃Now; then; Mr。 Rogers; two kicks shall be delivered; one after the
other; and I give you my word that at least one of the two shall be
delivered by one of the twins alone; without the slightest assistance
from his brother。  Watch sharply; for you have of to render a decision
without any if's and ands it。〃  Rogers bent himself behind the twins with
palms just above his knees; in the modern attitude of the catcher at a
baseball match; and riveted eyes on the pair of legs in front of him。

〃Are you ready; Mr。  Rogers?〃

〃Ready sir。〃

The kick; launched。

〃Have you got that one classified; Mr。  Rogers?〃

〃Let me study a minute; sir。〃

〃Take as much time as you please。  Let me know when you are ready。〃

For as much as a minute Rogers pondered; with all eyes and a breathless
interest fastened upon him。  Then he gave the word: 〃Ready; sir。〃

〃Kick!〃

The kick that followed was an exact duplicate of the first one。

〃Now; then; Mr。  Rogers; one of those kicks was an individual kick; not a
mutual one。  You will now state positively which was the mutual one。〃

The witness said; with a crestfallen look:

〃I've got to give it up。  There ain't any man in the world that could
tell t'other from which; sir。〃

〃Do you still assert that last night's kick was a mutual kick?〃

〃Indeed; I don't; sir。〃

〃That will do; Mr。  Rogers。  If my brother Allen desires to address the
court; your honor; very well; but as far as I am concerned I am ready to
let the case be at once delivered into the hands of this intelligent jury
without comment。〃

Mr。  Justice Robinson had been in office only two months; and in that
short time had not had many cases to try; of course。  He had no knowledge
of laws and courts except what he had picked up since he came into
office。  He was a sore trouble to the lawyers; for his rulings were
pretty eccentric sometimes; and he stood by them with Roman simplicity
and fortitude; but the people were well satisfied with him; for they saw
that his intentions were always right; that he was entirely impartial;
and that he usually made up in good sense what he lacked in technique;
so to speak。  He now perceived that there was likely to be a miscarriage
of justice here; and he rose to the occasion。

〃Wait a moment; gentlemen;〃 he said; 〃it is plain that an assault has
been committed it is plain to anybody; but the way things are going; the
guilty will certainly escape conviction。  I can not allow this。  Now…〃

〃But; your honor!〃 said Wilson; interrupting him; earnestly but
respectfully; 〃you are deciding the case yourself; whereas the jury〃

〃Never mind the jury; Mr。 Wilson; the jury will have a chance when there
is a reasonable doubt for them to take hold ofwhich there isn't;
so far。  There is no doubt whatever that an assault has been committed。
The attempt to show that both of the accused committed it has failed。
Are they both to escape justice on that account?  Not in this court;
if I can prevent it。  It appears to have been a mistake to bring the
charge against them as a corporation; each should have been charged in
his capacity as an individual; and〃

〃But; your honor!〃 said Wilson; 〃in fairness to my clients I must insist
that inasmuch as the prosecution 'd not separate the〃

〃No wrong will be done your clients; sirthey will be protected;
also the public and the offended laws。  Mr。 Allen; you will amend your
pleadings; and put one of the accused on trial at a time。〃

Wilson broke in: 〃But; your honor! this is wholly unprecedented!
To imperil an accused person by arbitrarily altering and widening the
charge against him in order to compass his conviction when the charge as
originally brought promises to fail to convict; is a thing unheard of
before。〃

〃Unheard of where?〃

〃In the courts of this or any other state。〃

The judge said with dignity: 〃I am not acquainted with the customs of
other courts; and am not concerned to know what they are。  I am
responsible for this court; and I cannot conscientiously allow my
judgment to be warped and my judicial liberty hampered by trying to
conform to the caprices of other courts; be they〃

〃But; your honor; the oldest and highest courts in Europe〃

〃This court is not run on the European plan; Mr。 Wilson; it is not run on
any plan but its own。  It has a plan of its own; and that plan is;
to find justice for both State and accused; no matter what happens to be
practice and custom in Europe or anywhere else。〃  (Great applause。)
〃Silence!  It has not been the custom of this court to imitate other
courts; it has not been the custom of this court to take shelter behind
the decisions of other courts; and we will not begin now。  We will do the
best we can by the light that God has given us; and while this 'court
continues to have His approval; it will remain indifferent to what other
organizations may think of it。〃  (Applause。) 〃Gentlemen; I must have
order!quiet yourselves!  Mr。 Allen; you will now proceed against the
prisoners one at a time。  Go on with the case。〃

Allen was not at his ease。  However; after whispering a moment with his
client and with one or two other people; he rose and said:

〃Your honor; I find it to be reported and believed that the accused are
able to act independently in many ways; but that this independence does
not extend to their legs; authority over their legs being vested
exclusively in the one brother during a specific term of days; and then
passing to the other brother for a like term; and so on; by regular
alternation。  I could call witnesses who would prove that the accused had
revealed to them the existence of this extraordinary fact; and had also
made known which of them was in possession of the legs yesterdayand
this would; of course; indicate where the guilt of the assault belongs
but as this would be mere hearsay evidence; these revelations not having
been made under oath〃

〃Never mind about that; Mr。 Allen。  It may not all be hearsay。  We shall
see。  It may at least help to put us on the right track。  Call the
witnesses。〃

〃Then I will call Mr。 John Buckstone; who is now present; and I beg that
Mrs。 Patsy Cooper may be sent for。  Take the stand; Mr。 Buckstone。〃

Bucks

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