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We dined together, Anne, Walter, and I, and were happy at our reunion, when, as I was despatching my packet to London, In started to heeze up our howp John Gibson, radiant with good-natured joy. He had another letter from Cadell, enclosing one from Robinson, in which the latter pledges himself to make the most explicit affidavit.
He said he had only one objection, which was, that in two or three days he was to go in the Ruby, on his third voyage: but on leaving me, he said, that he would take an affidavit before the mayor of the truth of any of those things which he had related to me, if that would do; but, from motives of safety, he should not choose to do this till within a few hours before he sailed.
I come now to speak of the testimony adduced by the defendant to explain where he was after ten o'clock on the night of the murder. This comes chiefly from members of the family; from his father and brothers. It is agreed that the affidavit of the prisoner should be received as evidence of what his brother, Samuel H. Knapp, would testify if present.
The editor lost patience. "It was you who reminded me that we lacked the concrete. Now I offer it to you." "But in such a shape!" "Can you quibble over that and in politics?" "No one who knows Jap Hinchey's character would believe him under oath." Sprague's reply was astute. "I'm thinking of those who don't know him," said he. "The district is wide." "And an affidavit is an affidavit?"
In another affidavit he narrated how Jeff Cotton, camp-marshal, had seized him at night, mistreated him, and shut him in prison for thirty-six hours without warrant or charge; also how Cotton, Pete Hanun, and two other parties by name unknown, had illegally driven him from the town of North Valley, threatening him with violence; for which he prayed the arrest of Jeff Cotton, Pete Hanun, and the two parties unknown.
Compton nailed him, but the commission took time; and while it was pending, Mr. Heathfield went to another judge with another disabled witness: Peggy Black. That naive personage was nursing her deceased sister's children in an affidavit: and they had scarlatina surgeon's certificate to that effect. Compton opposed, and pointed out the blot.
"S'enough," Max declared. "Tell, Mr. Weinschenck to work it up into an affidavit," he continued to the stenographer, "and bring us in a jurat." A moment later she returned with a sheet of legal cap, on the top of which was typewritten: "Sworn to before me this first day of April, 1904." "Sign opposite the brace," said Max, pushing the paper at Abe, and Abe scrawled his name where indicated.
His barn burnt down two nights afore the volyume containin' the letter B arrived, and Leander needed all his chink to pay f'r lumber, but Higgins sot back on that affidavit and defied the life out uv him. "Never mind, Leander," sez his wife, soothin' like, "it's a good book to have in the house, anyhow, now that we've got a baby." "That's so," sez Leander, "babies does begin with B, don't it?"
What happened in this high-toned hash dispensary let Miss Margaret Gilman, an eye-witness, proclaim by her affidavit: "At half-past eight in the evening, Mrs. Hazard came in and went to a hall bed-room in the front, and knocked at the door of said room. She was accompanied by her maid, Esther Doerner. After she knocked, the door was opened from within by Lena Kimball.
I happened to know personally, then, that some of the points in that statement were true, and what I did not know myself agreed exactly with the general testimony of the men leaving prison. But I was not referred to on the point and thus that testimony was useless. The affidavit from the overseer, I think, was not presented.
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