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When Watson attempted to tell how Patsy had injured his face in his attempts to bat with his head, Watson was openly scouted and flouted, and Judge Witberg again took him in hand. "Are you aware of the solemnity of the oath you took to testify to nothing but the truth on this witness stand?" the Judge demanded. "This is a fairy story you are telling.
"It was a trespass, your Honor," Watson cried. "The warnings are posted conspicuously." "I saw no warnings," said Sol Witberg. "I have seen them myself," snapped the Justice. "They are very conspicuous. And I would warn you, sir, that if you palter with the truth in such little matters you may darken your more important statements with suspicion. Why did you strike Mr. Watson?"
"Your Honor," Watson said next day to the village Justice, a well to do farmer and graduate, thirty years before, from a cow college, "since this Sol Witberg has seen fit to charge me with battery, following upon my charge of battery against him, I would suggest that both cases be lumped together. The testimony and the facts are the same in both cases."
"Speaking slangily, not if I can beat you to it." And with that, Carter Watson departed down the canyon, mounted his horse, and rode to town. An hour later, as Judge Witberg limped up the grounds to his hotel, he was arrested by a village constable on a charge of assault and battery preferred by Carter Watson.
"You are insane," Judge Witberg quavered. "Don't use such vile language to me," said Watson. "You see my bruised and bleeding face? You did that, with that right hand of yours. You hit me twice biff, biff. It is a brutal and unprovoked assault. I am in danger of my life. I must protect myself." Judge Witberg backed away in alarm before the menacing fists of the other.
The Prosecuting Attorney interposed, demanding to know which of the two cases lumped together was, and by what right Patsy's lawyer, at that stage of the proceedings, should take the witness. Patsy's attorney fought back. Judge Witberg interfered, professing no knowledge of any two cases being lumped together. All this had to be explained.
The Judge somehow failed to notice them, while the Prosecuting Attorney and Patsy's attorney shied off from them gracefully. Watson had not bothered to get a lawyer for himself, and he was now glad that he had not. Still, he retained a semblance of faith in Judge Witberg when he went himself on the stand and started to tell his story.
'Exactly; you've got to work it up, said Colonel Klopsky, who had large ranching and mining interests out West, and, with his florid personality, looked entirely out of place in these old haunts of his. 'Acts are only soldiers. Thought is the general. Witberg demurred. 'It isn't much use thinking about playing the violin, Pinchas.
"Do you mean to tell me that this Judge Witberg will violate the sacredness of his office and oath by letting this brute off?" Watson demanded. "Watch him," was the grim reply. "Oh, he'll do it nicely enough. He will give an extra-legal, extra-judicial decision, abounding in every word in the dictionary that stands for fairness and right." "But there are the newspapers," Watson cried.
"You did it. With your fist you did it. It is awful. I am fair murdered. I must again defend myself." And once more Judge Witberg impacted his features on a fist and was sent to grass. "I will have you arrested," he sobbed as he lay. "That's what Patsy said." "A brutal -sniff, sniff, and unprovoked sniff, sniff assault." "That's what Patsy said." "I will surely have you arrested."
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