fact that the honorable judge before whom he was tried was the president of a life insurance company that took risks on hanging, and in which my client held a policy, it is hard to see how he could decently have been acquitted. If your Honor would like to hear about it for instruction and guidance of your Honor's mind, this unfortunate man, my client, will consent to give himself the pain of relating it under oath."
The district attorney said: "Your Honor, I object. Such a statement would be in the nature of evidence, and the testimony in this case is closed. The prisoner's statement should have been introduced three years ago, in the spring of 1881."
"In a statutory sense," said the judge, "you are right, and in the Court of Objections and Technicalities you would get a ruling in your favor. But not in a Court of Acquittal. The objection is overruled."
"I except," said the district attorney.
"You cannot do that," the judge said. "I must remind you that in order to take an exception you must first get this case transferred for a time to the Court of Exceptions on a formal motion duly supported by affidavits. A motion to that effect by your predecessor in office was denied by me during the first year of this trial. Mr. Clerk, swear the prisoner."
The customary oath having been administered, I made the following statement, which impressed the judge with so strong a sense of the comparative triviality of the offense for which I was on trial that he made no further search for mitigating circumstances, but simply instructed the jury to acquit, and I left the court, without a stain upon my reputation:
"I was born in 1856 in Kalamakee, Mich., of honest and reputable parents, one of whom Heaven has mercifully spared to comfort me in my later years. In 1867 the family came to California and settled near Nigger Head, where my father opened a road agency and prospered beyond the dreams of avarice. He was a reticent, saturnine man then, though his increasing years have now somewhat relaxed the austerity of his disposition, and I believe that nothing but his memory of the sad event for which I am now on trial prevents him from manifesting a genuine hilarity.
"Four years after we had set up the road agency an itinerant preacher came along, and having no other way to pay for the night's lodging that we gave him, favored us with an exhortation of such power that, praise God, we were all converted to religion. My father at once sent for his brother, the Hon. William Ridley of Stockton, and on his arrival turned over the agency to him, charging him nothing for the franchise nor plant--the latter consisting of a Winchester rifle, a sawed-off shotgun, and an assortment of masks made out of flour sacks. The family then moved to Ghost Rock and opened a dance house. It was called 'The Saints' Rest Hurdy-Gurdy,' and the proceedings each night began with prayer. It was there that my now sainted mother, by her grace in the dance, acquired the sobriquet of 'The Bucking Walrus.'
"In the fall of '75 I had occasion to visit Coyote, on the road to Mahala, and took the stage at Ghost Rock. There were four other passengers. About three miles beyond Nigger Head, persons whom I identified as my Uncle William and his two sons held up the stage. Finding nothing in the express box, they went through the passengers. I acted a most honorable part in the affair, placing myself in line with the others, holding up my hands and permitting myself to be deprived of forty dollars and a gold watch. From my behavior no one could have suspected that I knew the gentlemen who gave the entertainment. A few days later, when I went to Nigger Head and asked for the return of my money and watch my uncle and cousins swore they knew nothing of the matter, and they affected a belief that my father and I had done the job ourselves in dishonest violation of commercial good faith. Uncle William even threatened to retaliate by starting an opposition dance house at Ghost Rock. As 'The Saints' Rest' had become rather unpopular, I saw that this would assuredly ruin it and prove a paying enterprise, so I told my uncle that I was willing to overlook the past if he would take me into the scheme and keep the partnership a secret from my father. This fair offer he rejected, and I then perceived that it would be better and more satisfactory if he were dead.
"My plans to that end were soon perfected, and communicating them to my dear parents I had the gratification of receiving their approval. My father
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