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364 sworn by the judge to perform their duties to the best of their ability. A person who had witnessed the shooting volunteered to act as prosecuting attorney, and a gambler who had been a friend of the prisoner was sent for to appear and conduct the defense.

In response to the summons, the latter entered the room where the court was being held, and seated himself beside the prisoner. His eyes no sooner rested on the faces of those chosen as jurors than he felt that the fate of his client was decided, and, though he labored ever so hard, he would be unable to accomplish anything.

The preliminaries having been arranged, Judge Husker took a seat upon the table, and directed the sheriff to declare the court open for business. "Oh, yes! Oh, yes! All ye are hereby notified that this court is now open for the trial of David Chadwick for the high crime of murder. All assembled will take notice, and govern themselves accordingly," cried the sheriff.

A few moments' confusion followed this announcement, during which the crowd endeavored to secure seats or favorable positions from which to observe the proceedings. Silence having been secured, the judge said:

"This 'ere honorable court is now open for the trial of a person accused of the murder of a human being. I find myself in a peculiar situation, and must own that I have some misgivings of my ability to discharge the duties of that position. But I'll try