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of a wrestler, seeing that I'm getting old; but I was out among the Scotch-Irishers-lets me see→ it must have been as long ago as the first year of the old war"”—

"Mr. Lippet, if you are retained for the prisoner," interrupted Judge Temple, "instruct your client how to plead; if not, the court shall assign him counsel."

Aroused from studying the indictment by this appeal, the attorney got up, and after a short dialogue with the hunter in a low voice, he informed the court that they were ready to proceed.

"Do you plead guilty or not guilty?" said the Judge.

"I may say not guilty with a clean conscience," returned Natty; "for there's no guilt in doing what's right; and I'd rather died on the spot, than had him put foot in the hut at that moment."

Richard started at this declaration, and bent his eyes significantly on Hiram, who returned the look with a slight movement of his eyebrows alone.

"Proceed to open the cause, Mr. District Attorney," continued the Judge. "Mr. Clerk, enter the plea of not guilty."

After a short opening address from Mr. Van der School, Hiram was summoned to the bar to give his testimony. It was delivered to the letter, perhaps, but with all that moral colouring which can be conveyed under such expressions as, "thinking no harm," "feeling it my bounded duty as a magistrate," and "seeing that the constable was back'ard in the business." When he had done, and the District Attorney declined putting any further interrogatories, Mr. Lippet arose, with an air of keen investigation, and asked the following questions:

"Are you a constable of this county, sir ?" "No, sir," said Hiram, "I'm only a justicepeace."

"I ask you, Mr. Doolittle, in the face of this court, putting it to your conscience and your knowledge of the law, whether you had any right to enter that man's dwelling?"

"Hem!" said Hiram, undergoing a violent struggle between his desire for vengeance and his love for legal fame; "I do suppose that in—that is— strict law-that supposing-maybe I hadn't a real -lawful right;—but as the case was and Billy was so back'ard-I might come for'ard in the business."

"I ask you again, sir," continued the lawyer, following up his success, "whether this old, this friendless old man, did or did not repeatedly forbid your entrance ?"

Why, I must say," said Hiram, "that he was considerable cross-grained; not what I call clever, seeing that it was only one neighbour wanting to go into the house of another."

"Oh! then you own it was only meant for a neighbourly visit on your part, and without the sanction of law. Remember, gentlemen, the words of the witness, 'one neighbour wanting to enter the house of another.' Now, sir, I ask you if Nathaniel Bumppo did not again and again order you not to enter ?"

"There was some words passed between us," said Hiram," but I read the warrant to him aloud." "I repeat my question; did he tell you not to enter his habitation ?"

"There was a good deal passed betwixt us-but I've the warrant in my pocket; maybe the court would wish to see it?"

"Witness," said Judge Temple, "answer the

question directly; did or did not the prisoner forbid your entering his hut ?"

"Why, I some think”.

"Answer without equivocation," continued the Judge, sternly.

"He did."

"And did you attempt to enter after this order?" "I did; but the warrant was in my hand.” "Proceed, Mr. Lippet, with your examination." But the attorney saw that the impression was in favour of his client, and, waving his hand with a supercilious manner, as if unwilling to insult the understanding of the jury with any further defence he replied

"No, sir; I leave it for your honour to charge, I rest my case here."

"Mr. District Attorney," said the Judge, "have you any thing to say?"

Mr. Van der School removed his spectacles,' folded them, and replacing them once more on his nose, eyed the other bill which he held in his hand, and then said, looking at the bar over the top of his glasses

"I shall rest the prosecution here, if the court please."

Judge Temple arose and began the charge.

"Gentlemen of the Jury," he said, "you have heard the testimony, and I shall detain you but a moment. If an officer meet with resistance in the execution of a process, he has an undoubted right to call any citizen to his assistance; and the acts of such assistant come within the protection of the law. I shall leave you to judge, gentlemen, from the testimony, how far the witness in this prosecution can be so considered, feeling less reluctance to submit the case thus informally to your decision, because there is yet another indictment to be tried,

which involves heavier charges against the unfortunate prisoner."

The tone of Marmaduke was mild and insinuating, and as his sentiments were given with such apparent impartiality, they did not fail of carrying their due weight to the jury. The grave-looking yeomen, who composed this tribunal, laid their heads together for a few minutes, without leaving their box, when the foreman arose, and after the forms of the court were duly observed, he pronounced the prisoner to be

"Not guilty."

"You are acquitted of this charge, Nathaniel Bumppo," said the Judge.

"Anan!" said Natty.

"You are found not guilty of striking and ascaulting Mr. Doolittle."

"No, no, I'll not deny but that I took him a little roughly by the shoulders," said Natty, looking about him with great simplicity," and that I—”

"You are acquitted," interrupted the Judge; " and there is nothing further to be said or done in the matter."

A look of joy lighted up the features of the old man, who now comprehended the case, and, placing his cap eagerly on his head again, he threw up the bar of his little prison, and said feelingly

"I must say this for you, Judge Temple, that the law has not been so hard on me as I dreaded. I hope God will bless you for the kind things you've done to me this day."

But the staff of the constable was opposed to his egress, and Mr. Lippet whispered a few words in his ear, when the aged hunter sunk back into his place, and, removing his cap, stroked down the remnants of his gray and sandy locks, with an air of mortification mingled with submission.

"Mr. District Attorney," said Judge Temple, affecting to busy himself with his minutes, "proceed with the second indictment."

Mr. Van der School took great care that no part of the presentment, which he now read, should be lost on his auditors. It accused the prisoner of resisting the execution of a search-warrant, by force of arms, and particularized, in the vague language of the law, among a variety of other weapons, the use of the rifle. This was indeed a more serious charge than an ordinary assault and battery, and a corresponding degree of interest was manifested by the spectators in its result. The prisoner was duly arraigned, and his plea again demanded. Mr. Lippet had anticipated the answers of Natty, and in a whisper advised him how to plead. But the feelings of the old hunter were awakened by some of the expressions of the indictment, and, forgetful of his caution, he exclaimed

""Tis a wicked untruth; I crave no man's blood. Them thieves, the Iroquois, won't say it to my face, that I ever thirsted after man's blood. I have fought as a soldier that feared his Maker and his officer, but I never pulled a trigger on any but a warrior that was up and awake. No man can say that I ever struck even a Mingo in his blanket. I b'lieve there's some who thinks there's no God in a wilderness !"

"Attend to your plea, Bumppo," said the Judge, 66 you hear that you are accused of using your rifle against an officer of justice; are you guilty or not guilty?"

By this time the irritated feelings of Natty had found a vent; and he rested on the bar for a moment, in a musing posture, when he lifted his face, with his silent laugh, and, pointing to where the wood-chopper stood, he said

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