Page:The Cow Jerry (1925).pdf/169

 tice. He never had any standing in this community, he wouldn't have any standing in this court if he was here. It is preposterous of your honor, if you will permit me to say so—"

"It seems you have said it without permission, Mr. McSweeny," spaid the court, undisturbed.

"To ask us to produce proof of the existence of this note."

"It is quite reasonable, Mr. McSweeny," the court corrected him, with some show of rising temper. "The note itself is the essential evidence in an action of this character."

"It is a fact just as well established, your honor, that the loss of a note does not release the maker of it from payment."

"That is very true. All the court requires is proof, in the absence of the essential document itself, that such: a note existed; that it was a valid note at the time this action was brought. The court will give you—three days, Mr. McSweeny, to produce such evidence. I make the time short on account of the heavy expense accruing against the attached property. Will that be long enough for you?"

Here the judge looked across the bench with a frown, displeased by the sudden invasion of his quiet room by what seemed a holiday crowd of people, male and female. The city marshal was among them, the president of the bank was there. Maud Kelly had been caught in the sudden current and carried back.

The case of Withers against Laylander seemed to