Page:The ransom of Red Chief and other O. Henry stories for boys.djvu/110

90 At ten o'clock the next morning court opened, and the case of the United States versus Rafael Ortiz was called. The district attorney, with his arm in a sling, rose and addressed the court.

"May it please your honour," he said, "I desire to enter a nolle pros. in this case. Even though the defendant should be guilty, there is not sufficient evidence in the hands of the government to secure a conviction. The piece of counterfeit coin upon the identity of which the case was built is not now available as evidence. I ask, therefore, that the case be stricken off."

At the noon recess Kilpatrick strolled into the district attorney's office.

"I've just been down to take a squint at old Mexico Sam," said the deputy. "They've got him laid out. Old Mexico was a tough outfit, I reckon. The boys was wonderin' down there what you shot him with. Some said it must have been nails. I never see a gun carry anything to make holes like he had."

"I shot him," said the district attorney, "with Exhibit A of your counterfeiting case. Lucky thing for me—and somebody else