Page:The Green Bag (1889–1914), Volume 14.pdf/320

 The Victim in Evidence.

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THE By VICTIM Henry Burns IN EVIDENCE. Geer.

IT happened in old Kentucky, in the east ern, mountainous region, and the vital question was one of honor. The man had been shot. That was evident. Twice had the bullet plowed into his flesh, even as bullets have plowed into human flesh in "The Dark and Bloody Ground " ever since the days of Daniel Boone. One bullet had struck him in the right breast. That was fair — that was honorable. But the other — oh, shame! — had struck him in the. back! His name was Ralph Norton, and his friends, to a man, were willing to swear that his assailant, Bud Hickman, who frankly acknowledged the shooting of Norton, had fired the second time after his victim had fallen, — hence the bullet in the back. Norton was not badly hurt, and the matter would doubtless have been passed over with out legal action, if the condition of the wounded man had not raised the question of honor. Had he received the first shot, and then turned to flee, thus receiving the second bullet in the back; or, had he fallen at the first shot, and then been wantonly and cow ardly shot in the back, as he lay there de fenseless? The first shot produced a flesh wound of no serious extent, as the bullet had passed out and sped on its way; but the bullet in the back still lodged there. Still, Norton hesi tated to taken action against Hickman over that which — minus the question of honor — both regarded as a trifling affair. But it was the duty of the attorney for the Commonwealth to prosecute; and so it came about that Hickman was brought to trial, and Norton was brought into court. Nobody cared for the mere evidence of the shooting. That was a foregone matter, and

a fine, more or less heavy, against Hickman was expected. But, the question of honor — the more potent question — worried the friends of both men. They would gladly have formed a pool between them and paid Hickman's fine, if the other point should be adjusted satisfactorily. A jury of men who claimed to know nothing of the affair, although it had been the talk of the county for a day or more, was soon empaneled, the evidence given in, and the case- rested for the judge's charge to the jury. This important duty, however, the court was in no hurry to discharge. His Honor knew too well the sentiments of the men be fore him to make a hasty talk to the honor able peers who sat there with hard-set, nonemotional features. With a sharp rap for order, and one sweeping glance about the room, A "His IIs Ifsmall would his it there Honor's please Honor man, now a surgeon face the with ask said court, brightened the thin quietly present chief Igray am
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prosecution if, at this moment, he carries a bullet, lodged somewhere in his back?" "Yes, Jedge," replied Norton, "thar's a ball thar, I kin feel hit." The court then directed that the surgeon should be sworn in as an additional witness, and his evidence as an expert in human anatomy, the general course of bullets when fired from different positions, etc., should be taken. This was agreed to by both sides. Then, with another short, sharp rap for at tention, the judge said : "The Court directs that Mr. Norton and two friends, together with the surgeon, and