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THE PIONEERS.
207

with his silent laugh, and pointing to where the wood-chopper stood, he said—

"Would Billy Kirby be standing there, d'ye think, if I had used the rifle?"

"Then you deny it," said Mr. Lippet; "you plead not guilty?"

"Sartain," said Natty; "Billy knows that I never fired at all. Billy, do you remember the turkey last winter? ah! me! that was better than common firing; but I can't shoot as I used to could."

"Enter the plea of not guilty," said Judge Temple, strongly affected by the simplicity of the prisoner.

Hiram was again sworn, and his testimony given on the second charge. He had discovered his former error, and proceeded more cautiously than before. He related very distinctly, and, for the man, with amazing terseness, the suspicion against the hunter, the complaint, the issuing of the warrant, and the swearing in of Kirby; all of which, he affirmed, were done in due form of law. He then added the manner in which the constable had been received; and stated distinctly that Natty had pointed the rifle at Kirby, and threatened his life, if he attempted to execute his duty. All this was confirmed by Jotham, who was observed to adhere closely to the story of the magistrate. Mr. Lippet conducted an artful cross examination of these two witnesses, but, after consuming much time, was compelled to relinquish the attempt to obtain any advantage, in despair.

At length the District Attorney called the wood-chopper to the bar. Billy gave an extremely confused account of the affair, although he evidently aimed at the truth, until Mr. Van der School addressed him, by asking some direct questions:—

"It appears, from examining the papers, that