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Volume 3 (1858-1859) (592 pages)
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Page: of 592
86 HUTCHINGS’ CALIFORNIA MAGAZINE.
from gettin’ dirty, I spose, but cum up
bime by like a man, with—”
“Stop, stop, stop,” shouted one of the
lawyers, whose patience was exhausted.
We do not care about so much detail, but
desire simply to know what amount of
money is in dispute.
“Mr. Constable,” followed the Judge,
who was deeply interested in the witness’
story, “do your duty.” Then fixing his
eyes upon the witness, he asked; “Steve,
my boy, when Bill pungledhis thirty better, what did Lem come up with?”
‘* Why Lem he lifted him a cool fifty.”
The judge collapsed ‘‘ Gentlemen of
the jury, that’s so, for J was thar and
seen Lem do it.”
By one of the Jury—“‘What did Bill do
then ?”
« Bill he tuck another look at his hand,
and then got down and scratched his foot
agin. When he come up, he said to me,
said he, ‘Steve, lend me a hundred
dollars.” Says I, ‘ what fur? He said,
‘to clean out Lem Hanks.’ Isaid, ‘it
can’t be did on your par of juces, for he’s
got bully sixes.’ ‘Good thing,’ says he,
giving me a wink. ‘Kiver his pile, and
and [ll call him” J—~”
‘“‘Never mind what you did,” said the
lawyer for the defendant, ‘“ that has nothing to do with the merits of the case.”
The Judge gave the lawyer a terrible
look. Then, turning te the witness, he
said, “Steve, if the Court recollects herself, then you come up with the spondulicks, and Bill Breese tuck down Lem’s
pile.”
This announcement was followed by
murmurs of dissatisfaction. The attorney for the plaintiff was the first to speak.
‘Now, if your Honor pleases,” said
he, ‘I would ask one question. How
comes it that the defendant got that
money, if he only had a pair of duces
against my client’s sixes?”
“Yes,” chimed in several members of
the jury, “how could that happen?”
“Bill did have juices fust—I’ll swear
to that,’ resumed the witness, “but
somehow when it come to the last, he
was stronger.”
The lawyers, thinking he was about
to continue the story to an endless length,
requested him to be brief. Taking a
fresh “‘chaw,” Steve said:
“The way of it wasthis. When Ikivyered the pile, Bill called Lem. Says he,
‘Lem. what have you to say fur yourself?”
‘T have three of ’em,’ says Lem., reaching out his arm. ‘Three what?’ says
Bill. ‘Nice little spots, all in the middle
of the keerd,’ says Lem., laying his fist
on the money. ‘Show ’em,’ says Bill,
‘Thar they be,’ says Lem. ‘That’s clever, says Bill, ‘but they can’t win this
pop.’ ‘How so?’ says Lem. puttin’ his
hand on his revolver. ‘Cause here’s four
of the same sort,’ says Bill, puttin’ one
hand on the money and tother on his revolver.’ “ All I know is, Bill got the pot
before he was arrested.”
The lawyer for the plaintiff intended
to have made a good case in relation to
the manner in which defendant’s hand
became strengthened from a little pair of
“juices” to four aces; but to do so, he
would probably have been called on to
explain how Lem. got his three “spots.”
The Judge saw through the case at
once. He charged the jury that if they
thought there was anything wrong ina
man scratching his foot during a game
of poker, they could so find; but if they
thought such a movement was on the
square, they would also be likely to pass
over the act of fumbling with shirt sleeves,
committed by plaintiff.
The “charge” was followed by loud
demonstrations of approval, such as yelling, throwing up hats, ete.
The jury, after being out three minutes,
brought in a verdict to the effect that it
was a ‘‘draw game,” and the Judge thereupon dismissed the case.