Heart's Desire. Emerson Hough
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Such a high-handed act never ought to be tolerated, sir! Destroyin' property—why, a-destroyin' of life and property, for he killed the pig—and this new family of citizens dependin' in part on the pig fer their sustenances this comin' season; to say nothin' of his nigh shootin' me up as I was crossin' the street from the post-office! Try him! Why, of course we ought to try him. What show have we got if we go on this lawless way? What injucement can we offer Eastern Capital to settle in our midst if, instead of bein' quiet and law-abidin', we go on a-rarin' and a-pitchin' and a-runnin' wide open, every man for hisself? What are we here for, you, and you, and me, if it ain't to set in trile over such britches of the peace?"
"You're in," said Dan Anderson, succinctly. "Get over to your 'dobe. We'll hold this trial right away. I reckon all the boys'll know about it by this time. I'll go over and get the prisoner. But, hold on! He ain't arrested yet. Who'll serve the warrant? Ben Stillson (the sheriff) is down on the Hondo, and his deputy, Poe, is out of town. There ain't a soul here to serve a paper. Looks like the court was some rusty, don't it?"
"Warrant!" said the Justice, "warrant! You don't need no warrant. Wasn't he seen a-doin' the act?"
"Oh, but it wasn't a real first-class felony," demurred Dan, with some shade of conscience left.
"Well, I'll arrest him myself," said the Justice. "He's got to be brought to trile."
"Well, now," I ventured to suggest, "that doesn't look exactly right, either, since you are to try the case, Judge. It's legal, but it isn't etiquette."
Blackman scratched his head. "Maybe that's so," said he. Then turning to me, "S'pose you arrest him."
"He can't," said Dan Anderson. "He's the prosecuting attorney—only other lawyer in town. It wouldn't look right for either the judge or prosecutor to make the arrest. Curly might not like it." This all seemed true enough, and we fell into a quandary.
"I'll tell you," said Dan Anderson at length. "I'd better arrest him myself. I'm going to defend him, so it would look more regular for me to bring him in. Looks like he wasn't afraid of the verdict. We ain't, either. I want you to remember, Judge, if you don't clear him—"
Here counsel for the Territory interrupted, feeling that the majesty of the law was not fully observed by threatening the trial judge in advance.
"Well, come along, then," said Anderson. "Let that part of it go. Come over and let's get out the warrant."
I was not with them when the warrant was issued, though that part of the proceeding might naturally have seemed rather the duty of the prosecution than of the defence. Dan Anderson afterward told me that Blackman could not find his law book (he had only one, a copy of the statutes of Kansas) for a long time, and then couldn't find the proper place in it. Legal blanks did not exist in Heart's Desire, and all legal forms had departed from Blackman's mind in this time of excitement. Dan Anderson himself drew the warrant. As it was read later by himself to Curly at the Lone Star, it did not lack a certain charm. It began with "Greeting," and ended with, "Now, therefore, in the name of God and the Continental Congress." Anderson did not crack a smile in reading it, and so far as that is concerned, the warrant worked as well as any and better than some. Curly, because he felt that he was in the hands of his friends, made no special demurrer to the terms of the "writ," and in a few moments the Lone Star was empty and Blackman's adobe was packed.
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