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Updated: July 29, 2025
But as yet Caput Magnus was not there. It was ten-twenty-nine. The clerk was there; Mr. Higgleby, isosceles, flabby and acephalous as ever, was there; Tutt and Mr. Tutt were there; and Bonnie Doon, and the stenographer and the jury.
The old lawyer's lank figure had hardly disappeared out of the front office when Peckham rang for Caput Magnus. "Look here, Caput," he remarked suspiciously to the indictment clerk, "is there anything wrong with that Higgledy indictment?" "Higgleby, you mean, I guess," replied Mr. Magnus, regarding the D.A. in a superior manner over the tops of his horn-rimmed spectacles.
He was an ample flabby person, built like an isosceles triangle with a smallish head for the apex, slightly expanded in the gangliar region just above the nape of the neck medical students and phrenologists please note and habitually wearing an expression of helpless pathos. Instinctively you felt that you wanted to do something for Mr. Higgleby to mother him, maybe.
Magnus," he remarked pleasantly; "suppose you prove the Illinois marriage first. Is Mrs. Higgleby in court?" Both ladies started from their seats. "Mrs. Tomascene Higgleby," corrected His Honor. "Step this way, please, madam!"
"You say this man is married to three women?" "Trigamy not bigamy!" muttered the clerk, sotto voce. "You have put your finger upon the precise point, Mister Foreman!" exclaimed Mr. Tutt admiringly. "If Mr. Higgleby was already lawfully married to a lady in Iowa when he married Miss or Mrs.
But just between you and me, you'll never convict Higgleby as long as you live." "Didn't he marry two joint and several ladies?" "He did." "And one of 'em right here in New York County?" "He did." "Well, how in hell can I dismiss the indictment?" "Oh, easily enough. Lack of proof as to the first marriage in Chicago, for instance. How are you going to prove he wasn't divorced?"
"They didn't if the courts ruled that they had actually been married but that left a loophole. When was a marriage not a marriage? Answer: When the parties were closely enough related by blood or marriage, or either of them was mentally incapable, under age, victims of duress, fraud, mistake, previously contracted for, or already married." "Ah!" breathed Tutt, thinking of Mr. Higgleby.
Magnus, having a proper regard for the constitutional rights of every unfortunate whom he brings to the bar of justice. If therefore I can prove to you that Mr. Higgleby was never lawfully married to Tomascene Startup in Chicago on the eleventh of last May or at any other time, the allegation of bigamy falls to the ground; at any rate so far as this indictment is concerned.
"Then you should see my partner, Mr. Tutt," said Mr. Tutt severely. "He's the matrimonial specialist." "I want to see Mr. Tutt, the celebrated divorce lawyer," explained Mr. Higgleby. "You mean my partner, Mr. Tutt," said Mr. Tutt. "Willie, show the gentleman in to Mr. Tutt." "Thank you, sir," said Mr. Higgleby, and followed Willie. "Is this Mr.
But he rose, just as the book told him to do, in all his beauty, and enunciated in the crystal tones he had learned during the last few weeks at Madam Winterbottom's school of acting and elocution in syllables chiseled from the stone of eloquence by the lapidary of culture: "If Your Honor please, I move the cause of the People of the state of New York against Theophilus Higgleby, indicted for bigamy."
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