"Would Billy Kirby be standing there, d'ye think, if I had used the rifle ?"

"Then you deny it," said Mr. Lippet; "you plead not guilty ?"

"Sartain," said Natty; "Billy knows that I never fired at all. Billy, do you remember the turkey last winter? ah! me! that was better than common firing; but I can't shoot as I used to could."

"Enter the plea of not guilty," said Judge Temple, strongly affected by the simplicity of the pri

soner.

Hiram was again sworn, and his testimony given on the second charge. He had discovered his former error, and proceeded more cautiously than before. He related very distinctly, and, for the man, with amazing terseness, the suspicion against the hunter, the complaint, the issuing of the warrant, and the swearing in of Kirby; all of which, he affirmed, were done in due form of law. He then added the manner in which the constable had been received; and stated distinctly, that Natty had pointed the rifle at Kirby, and threatened his life, if he attempted to execute his duty. All this was confirmed by Jotham, who was observed to adhere closely to the story of the magistrate. Mr. Lippet conducted an artful cross-examination of these two witnesses, but after consuming much time, was compelled to relinquish the attempt to obtain any advantage, in despair.

At length the district attorney called the woodchopper to the bar. Billy gave an extremely confused account of the affair, although he evidently aimed at the truth, until Mr. Van der School addressed him, by asking some direct questions:

"It appears, from examining the papers, that you demanded admission into the hut legally; so

VOL. II.

18

you were put in bodily fear by his rifle and threats ?"

"I didn't mind them that, man," said Billy, snapping his fingers; "I should be a poor stick to mind such a one as old Leather-stocking."

"But I understood you to say, (referring to your previous words, (as delivered here in court,) ir the commencement of your testimony,) that you thought he meant to shoot you?"

"To be sure I did; and so would you too, Squire if you had seen the chap dropping a muzzle tha never misses, and cocking an eye that has a nate ral squint by long practice. I thought there woul be a dust on't, and my back was up at once; but Leather-stocking gi'n up the skin, and so the matter ended."

"Ah! Billy," said Natty, shaking his head, "'twas a lucky thought in me to throw out the hide, or there might have been blood spilt ; and I'm sure, if it had been your'n, I should have mourn'd it sorely the little while I have to stay."

"Well, Leather-stocking," returned Billy, facing the prisoner with a freedom and familiarity that utterly disregarded the presence of the court, "as you are on the subject, it may be that you've no-" "Go on with your examination, Mr. District Attorney."

That gentleman eyed the familiarity between his witness and the prisoner with manifest disgust, and indicated to the court that he was done.

"Then you didn't feel frightened, Mr. Kirby?" said the counsel for the prisoner.

"Me! no," said Billy, casting his eyes over his own huge frame with evident self-satisfaction; "I'm hot to be skeared so easy."

"You look like a hardy man; where were you born, sir ?"

"Varmount state; 'tis a mountaynious place, but there's a stiff soil, and its pretty much wooded with beech and maple."

"I have always heerd so," said Mr. Lippet, soothingly. "You have been used to the rifle yourself, in that country?"

"I pull the second best trigger in this county. I knock under to Natty Bumppo there, sin' he shot the pigeon."

Leather-stocking raised his head, and laughed again, when he thrust out a wrinkled hand, and said

"You're young yet, Billy, and haven't seen the matches that I have; but here's my hand; I bear no malice to you, I don't."

Mr. Lippet allowed this conciliatory offering to be accepted, and judiciously paused, while the spirit of peace was exercising her influence over the two; but the Judge interposed his authority by saying

"This is an improper place for such dialogues. -Proceed with your examination of this witness, Mr. Lippet, or I shall order the next."

The attorney started, as if he were unconscious of any impropriety, and continued—

"So you settled the matter with Natty amicably on the spot, did you?"

"He gi'n me the skin, and I didn't want to quarrel with an old man; for my part, I see no such mighty matter in shooting a buck!"

"And you parted friends? and you would never have thought of bringing the business up before a court, hadn't you been subpoenaed ?”

"I don't think I should; he gi'n the skin, and I didn't feel a hard thought, though Squire Doolittle got some affronted."

"I have done, sir," said Mr. Lippet, probably

relying on the charge of the Judge, as he again seated himself, with the air of a man who felt that his success was certain.

When Mr. Van der School arose to address the jury, he commenced by saying—

"Gentlemen of the jury, I should have interrupted the leading questions put by the prisoner's counsel, (by leading questions I mean telling him what to say,) did I not feel confident that the law of the land was superior to any advantages (I mean legal advantages) which he might obtain by his art. The counsel for the prisoner, gentlemen, has endeavoured to persuade you, in opposition to your own good sense, to believe that pointing a rifle at a constable (elected or deputed) is a very

cent affair; and that society (I mean the commonwealth, gentlemen,) shall not be endangered thereby. But let me claim your attention, while we look over the particulars of this heinous offence." Here Mr. Van der School favoured the jury with an abridgment of the testimony, recounted in such a manner as utterly to confuse the faculties of his worthy listeners. After this exhibition he closed as follows:-" and now, gentlemen, having thus made plain to your senses the crime of which this unfortunate man has been guilty, (unfortunate both on account of his ignorance and his guilt,) I shall leave you to your own consciences; not in the least doubting, that you will see the importance (notwithstanding the prisoner's counsel (doubtless relying on your former verdict) wishes to appear so confident of success) of punishing the offender, and asserting the dignity of the laws."

It was now the duty of the Judge to deliver his charge. It consisted of a short, comprehensive summary of the testimony, laying bare the artifice of the prisoner's counsel, and placing the facts in

so obvious a light, that they could not well be misunderstood. "Living as we do, gentlemen," he concluded, "on the skirts of society, it becomes doubly necessary to protect the ministers of the law. If you believe the witnesses, in their construction of the acts of the prisoner, it is your duty to convict him; but if you believe that the old man, who this day appears before you, meant not to harm the constable, but was acting more under the influence of habit than by the instigations of malice, it will be your duty to judge him, but to do it with lenity."

As before, the jury did not leave their box, but, after a consultation of some little time, their foreman arose, and pronounced the prisoner

"Guilty."

There was but little surprise manifested in the court room at this verdict, as the testimony, the greater part of which we have omitted, was too clear and direct to be passed over, The judges seemed to have anticipated this sentiment, for a consultation was passing among them also, during the deliberation of the jury, and the preparatory movements of the "bench" announced the coming

sentence.

"Nathaniel Bumppo," commenced the Judge, making the customary pause.

The old hunter, who had been musing again, with his head on the bar, raised himself, and cried, with a prompt, military tone

"Here,"

The Judge waved his hand for silence, and proceeded

"In forming their sentence, the court have been governed as much by the consideration of your ignorance of the laws, as by a strict sense of the importance of punishing such outrages as this of which