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At Belmonti's petition John F. Miller was called in warranty; that is, made the responsible party in Belmonti's stead. There were "prayers" and rules, writs and answers, as the cause slowly gathered shape for final contest. Here are papers of date February 24 and 29 it was leap year and April 1, 2, 8, and 27.

Once more it was May, when in the populous but silent court-room the clerk announced the case of Miller versus Louis Belmonti, and John F. Miller, warrantor. Well-nigh a year had gone by since the appeal was taken. Two full years had passed since Madame Karl had found Salome in Belmonti's cabaret. It was now 1845; Grymes was still at the head of one group of counsel, and Roselius of the other.

She is as white as you or I, and neither of us can hold her if she chooses to go away." Such at least was Belmonti's confession, yet he was as far from consenting to let his captive go after this confession was made as he had been before.

In a single clear, well-compacted paragraph the court states Salome's claim and Belmonti's denial; in another, the warrantor Miller's denial and defense; and in two lines more, the decision of the lower court. And now "The first inquiry," so reads the chief-justice "the first inquiry that engages our attention is, What is the color of the plaintiff?"