"
"The act is certainly unprecedented," said the Judge, dryly, "but
unless the counsel for the plaintiff expects the jury to _sing_ from
these hymn-books, their introduction is not improper, and I cannot
admit the objection. As defendant's counsel are furnished with copies
also, they cannot plead 'surprise,' as in the introduction of new
matter, and as plaintiff's counsel relies evidently upon the jury's
attention to his opening, he would not be the first person to distract
it." After a pause he added, addressing the Colonel, who remained
standing, "The Court is with you, sir; proceed."
But the Colonel remained motionless and statuesque, with folded arms.
"I have overruled the objection," repeated the Judge; "you may go on."
"I am waiting, your Honor, for the--er--withdrawal by the defendant's
counsel of the word 'tampering,' as refers to myself, and of
'impertinent,' as refers to the sacred volumes."
"The request is a proper one, and I have no doubt will be acceded to,"
returned the Judge, quietly. The defendant's counsel rose and mumbled
a few words of apology, and the incident closed.
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