Page:The Cow Jerry (1925).pdf/173

 this point: The plaintiff is unable to produce the note upon which the action for recovery rests. As you perhaps understand, the note itself is the best evidence in such an action, but judgment may be allowed on the presentation of evidence to establish the existence of such note, and proof of its validity at the time the suit was instituted. The court has granted the plaintiff three days' time to gather and present such evidence. There the matter for the present rests."

"Yes sir, your honor. I came in just when this lawyer was argin', makin' mention of me in a slanderous way I'll have to call on him to explain. I understood from your reply to that rascal, sir, that the note was lost. I wanted to speak to the court, sir, to state that I've got the note, right here, your honor, sir. There's no use delayin' the case on account of the note bein' missin'. Here it is."

Tom handed the note to the astounded judge. The equally astonished crowd rustled and shifted, creaking the benches in the strain of bringing eyes and ears a few inches closer to the scene of these remarkable proceedings. Louise sprang up, tense, surging hot with protest against Tom's apparent folly in thus surrendering himself into his enemies' hands. Withers's lawyer was up, hand flung out in protesting gesture.

"If that is the note, and it may well be our note, this—this—person having had access to it lately, we protest against alterations and erasures, cancellations or other marks whatever, that would tend to show payment."