Page:Train - Tutt and Mr Tutt (Scribner, 1922).djvu/280

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Tutt and Mr. Tutt

a piece of meat held over its nose. They smiled with him, they wept with him, they glared at Mr. Hepplewhite and they gazed in a friendly way at Schmidt, whom Mr. Tutt had bailed out just before the trial. The very stars in their courses seemed warring for Tutt & Tutt. In the words of Phelan: "There was nothing to it!"

"Thank God," concluded Mr. Tutt eloquently, "that in this land of liberty in which we are privileged to dwell no man can be convicted of a crime except by a jury of his peers—a right sacred under our Constitution and inherited from Magna Charta, that foundation stone of English liberty, in which the barons forced King John to declare that 'No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed . . . save by the lawful judgment of his peers or by the law of the land.'

"Had I the time I would demonstrate to you the arbitrary character of our laws and the inequality with which they are administered.

"But in this case the chief witness has already admitted the innocence of the defendant. There is nothing more to be said. The prosecution has cried 'Peccavi!' I leave my client in your hands."

He resumed his seat contentedly and wiped his forehead with his silk handkerchief. The judge looked down at O'Brien with raised eyebrows.

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