by Mark Twain
"I always do it when I see an assault. It's likely I shall be called as a witness, and it's a good point to have."
"It would be well if others were as thoughtful. Was anything said, between the conversation at my house and the assault, upon the detail which we are now examining into?"
"No, sir."
"If power over the mutual legs was in the possession of one brother at nine, and passed into the possession of the other one during the next thirty or forty minutes, do you think you could have detected the change?"
"By no means!"
"That is all, Mr. Buckstone."
Mrs. Patsy Cooper was called. The crowd made way for her, and she came smiling and bowing through the narrow human lane, with Betsy Hale, as escort and support, smiling and bowing in her wake, the audience breaking into welcoming cheers as the old favorites filed along. The judge did not check this kindly demonstration of homage and affection, but let it run its course unrebuked.
The old ladies stopped and shook hands with the twins with effusion, then gave the judge a friendly nod, and bustled into the seats provided for them. They immediately began to deliver a volley of eager questions at the friends around them: "What is this thing for?" "What is that thing for?" "Who is that young man that's writing at the desk? Why, I declare, it's Jack Bunce! I thought he was sick." "Which is the jury? Why, is that the jury? Billy Price and Job Turner, and Jack Lounsbury, and—well, I never!" "Now who would ever 'a' thought—"
But they were gently called to order at this point, and asked not to talk in court. Their tongues fell silent, but the radiant interest in their faces remained, and their gratitude for the blessing of a new sensation and a novel experience still beamed undimmed from their eyes. Aunt Patsy stood up and took the oath, and Mr. Allen explained the point in issue, and asked her to go on now, in her own way, and throw as much light upon it as she could. She toyed with her reticule a moment or two, as if considering where to begin, then she said:
"Well, the way of it is this. They are Luigi's legs a week at a time, and then they are Angelo's, and he can do whatever he wants to with them."
"You are making a mistake, Aunt Patsy Cooper," said the judge. "You shouldn't state that as a fact, because you don't know it to be a fact."
"What's the reason I don't?" said Aunt Patsy, bridling a little.
"What is the reason that you do know it?"
"The best in the world because they told me."
"That isn't a reason."
"Well, for the land's sake! Betsy Hale, do you hear that?"
"Hear it? I should think so," said Aunt Betsy, rising and facing the court. "Why, Judge, I was there and heard it myself. Luigi says to Angelo—no, it was Angelo said it to—"
"Come, come, Mrs. Hale, pray sit down, and—"
"Certainly, it's all right, I'm going to sit down presently, but not until I've—"
"But you must sit down!"
"Must! Well, upon my word if things ain't getting to a pretty pass when—"
The house broke into laughter, but was promptly brought to order, and meantime Mr. Allen persuaded the old lady to take her seat. Aunt Patsy continued:
"Yes, they told me that, and I know it's true. They're Luigi's legs this week, but—"
"Ah, they told you that, did they?" said the Justice, with interest.
"Well, no, I don't know that they told me, but that's neither here nor there. I know, without that, that at dinner yesterday, Angelo was as tired as a dog, and yet Luigi wouldn't lend him the legs to go up-stairs and take a nap with."
"Did he ask for them?"
"Let me see—it seems to me, somehow, that—that—Aunt Betsy, do you remember whether he—"
"Never mind about what Aunt Betsy remembers—she is not a witness; we only want to know what YOU remember yourself," said the judge.
"Well, it does seem to me that you are most cantankerously particular about a little thing, Sim Robinson. Why, when I can't remember a thing myself, I always—"
"Ah, please go on!"
"Now how can she when you keep fussing at her all the time?" said Aunt Betsy. "Why, with a person pecking at me that way, I should get that fuzzled and fuddled that—"
She was on her feet again, but Allen coaxed her into her seat once more, while the court squelched the mirth of the house. Then the judge said:
"Madam, do you know—do you absolutely know, independently of anything these gentlemen have told you—that the power over their legs passes from the one to the other regularly every week?"
"Regularly? Bless your heart, regularly ain't any name for the exactness of it! All the big cities in Europe used to set the clocks by it." (Laughter, suppressed by the court.)
"How do you know? That is the question. Please answer it plainly and squarely."
"Don't you talk to me like that, Sim Robinson—I won't have it. How do I know, indeed! How do YOU know what you know? Because somebody told you. You didn't invent it out of your own head, did you? Why, these twins are the truthfulest people in the world; and I don't think it becomes you to sit up there and throw slurs at them when they haven't been doing anything to you. And they are orphans besides—both of them. All—"
But Aunt Betsy was up again now, and both old ladies were talking at once and with all their might; but as the house was weltering in a storm of laughter, and the judge was hammering his desk with an iron paper-weight, one could only see them talk, not hear them. At last, when quiet was restored, the court said:
"Let the ladies retire."
"But, your honor, I have the right, in the interest of my clients,—to cross-exam—"
"You'll not need to exercise it, Mr. Wilson—the evidence is thrown out."
"Thrown out!" said Aunt Patsy, ruffled; "and what's it thrown out for, I'd like to know."
"And so would I, Patsy Cooper. It seems to me that if we can save these poor persecuted strangers, it is our bounden duty to stand up here and talk for them till—"
"There, there, there, do sit down!"
It cost some trouble and a good deal of coaxing, but they were got into their seats at last. The trial was soon ended now. The twins themselves became witnesses in their own defense. They established the fact, upon oath, that the leg-power passed from one to the other every Saturday night at twelve o'clock sharp. But on cross-examination their counsel would not allow them to tell whose week of power the current week was. The judge insisted upon their answering, and proposed to compel them, but even the prosecution took fright and came to the rescue then, and helped stay the sturdy jurist's revolutionary hand. So the case had to go to the jury with that important point hanging in the air. They were out an hour and brought in this verdict:
"We the jury do find: 1, that an assault was committed, as charged; 2, that it was committed by one of the persons accused, he having been seen to do it by several credible witnesses; 3, but that his identity is so merged in his brother's that we have not been able to tell which was him. We cannot convict both, for only one is guilty. We cannot acquit both, for only one is innocent. Our verdict is that justice has been defeated by the dispensation of God, and ask to be discharged from further duty."
This was read aloud in court and brought out a burst of hearty applause. The old ladies made a spring at the twins, to shake and congratulate, but were gently disengaged by Mr. Wilson and softly crowded back into their places.
The judge rose in his little tribune, laid aside his silver-bowed spectacles, roached his gray hair up with his fingers, and said, with dignity and solemnity, and even with a certain pathos:
"In all my experience on the bench, I have not seen justice bow her head in shame in this court until this day. You little realize what far-reaching harm has just been wrought here under the fickle forms of law. Imitation is the bane of courts—I thank God that this one is free from the contamination of that vice—and in no long time you will see the fatal work of this hour seized upon by profligate so-called guardians of justice in all the wide circumstance of this planet and perp
etuated in their pernicious decisions. I wash my hands of this iniquity. I would have compelled these culprits to expose their guilt, but support failed me where I had most right to expect aid and encouragement. And I was confronted by a law made in the interest of crime, which protects the criminal from testifying against himself. Yet I had precedents of my own whereby I had set aside that law on two different occasions and thus succeeded in convicting criminals to whose crimes there were no witnesses but themselves. What have you accomplished this day? Do you realize it? You have set adrift, unadmonished, in this community, two men endowed with an awful and mysterious gift, a hidden and grisly power for evil—a power by which each in his turn may commit crime after crime of the most heinous character, and no man be able to tell which is the guilty or which the innocent party in any case of them all. Look to your homes—look to your property—look to your lives—for you have need!
"Prisoners at the bar, stand up. Through suppression of evidence, a jury of your—our—countrymen have been obliged to deliver a verdict concerning your case which stinks to heaven with the rankness of its injustice. By its terms you, the guilty one, go free with the innocent. Depart in peace, and come no more! The costs devolve upon the outraged plaintiff—another iniquity. The court stands dissolved."
Almost everybody crowded forward to overwhelm the twins and their counsel with congratulations; but presently the two old aunties dug the duplicates out and bore them away in triumph through the hurrahing crowd, while lots of new friends carried Pudd'nhead Wilson off tavern-ward to feast him and "wet down" his great and victorious entry into the legal arena. To Wilson, so long familiar with neglect and depreciation, this strange new incense of popularity and admiration was as a fragrance blown from the fields of paradise. A happy man was Wilson.
CHAPTER VI.
THE AMAZING DUEL
A deputation came in the evening and conferred upon Wilson the welcome honor of a nomination for mayor; for the village has just been converted into a city by charter. Tom skulks out of challenging the twins. Judge Driscoll thereupon challenges Angelo (accused by Tom of doing the kicking); he declines, but Luigi accepts in his place against Angelo's timid protest. It was late Saturday night nearing eleven.
The judge and his second found the rest of the war party at the further end of the vacant ground, near the haunted house. Pudd'nhead Wilson advanced to meet them, and said anxiously:
"I must say a word in behalf of my principal's proxy, Count Luigi, to whom you have kindly granted the privilege of fighting my principal's battle for him. It is growing late, and Count Luigi is in great trouble lest midnight shall strike before the finish."
"It is another testimony," said Howard, approvingly. "That young man is fine all through. He wishes to save his brother the sorrow of fighting on the Sabbath, and he is right; it is the right and manly feeling and does him credit. We will make all possible haste."
Wilson said: "There is also another reason—a consideration, in fact, which deeply concerns Count Luigi himself. These twins have command of their mutual legs turn about. Count Luigi is in command now; but at midnight, possession will pass to my principal, Count Angelo, and—well, you can foresee what will happen. He will march straight off the field, and carry Luigi with him."
"Why! sure enough!" cried the judge, "we have heard something about that extraordinary law of their being, already—nothing very definite, it is true, as regards dates and durations of power, but I see it is definite enough as regards to-night. Of course we must give Luigi every chance. Omit all the ceremonial possible, gentlemen, and place us in position."
The seconds at once tossed up a coin; Howard won the choice. He placed the judge sixty feet from the haunted house and facing it; Wilson placed the twins within fifteen feet of the house and facing the judge—necessarily. The pistol-case was opened and the long slim tubes taken out; when the moonlight glinted from them a shiver went through Angelo. The doctor was a fool, but a thoroughly well-meaning one, with a kind heart and a sincere disposition to oblige, but along with it an absence of tact which often hurt its effectiveness. He brought his box of lint and bandages, and asked Angelo to feel and see how soft and comfortable they were. Angelo's head fell over against Luigi's in a faint, and precious time was lost in bringing him to; which provoked Luigi into expressing his mind to the doctor with a good deal of vigor and frankness. After Angelo came to he was still so weak that Luigi was obliged to drink a stiff horn of brandy to brace him up.
The seconds now stepped at once to their posts, halfway between the combatants, one of them on each side of the line of fire. Wilson was to count, very deliberately, "One-two-three-fire!—stop!" and the duelists could bang away at any time they chose during that recitation, but not after the last word. Angelo grew very nervous when he saw Wilson's hand rising slowly into the air as a sign to make ready, and he leaned his head against Luigi's and said:
"Oh, please take me away from here, I can't stay, I know I can't!"
"What in the world are you doing? Straighten up! What's the matter with you?—you're in no danger—nobody's going to shoot at you. Straighten up, I tell you!"
Angelo obeyed, just in time to hear:
"One—!"
"Bang!" Just one report, and a little tuft of white hair floated slowly to the judge's feet in the moonlight. The judge did not swerve; he still stood erect and motionless, like a statue, with his pistol-arm hanging straight down at his side. He was reserving his fire.
"Two—!"
"Three—"!
"Fire—!"
Up came the pistol-arm instantly-Angelo dodged with the report. He said "Ouch!" and fainted again.
The doctor examined and bandaged the wound.
It was of no consequence, he said—bullet through fleshy part of arm—no bones broken—the gentleman was still able to fight let the duel proceed.
Next time Angelo jumped just as Luigi fired, which disordered his aim and caused him to cut a chip off of Howard's ear. The judge took his time again, and when he fired Angelo jumped and got a knuckle skinned. The doctor inspected and dressed the wounds. Angelo now spoke out and said he was content with the satisfaction he had got, and if the judge—but Luigi shut him roughly up, and asked him not to make an ass of himself; adding:
"And I want you to stop dodging. You take a great deal too prominent a part in this thing for a person who has got nothing to do with it. You should remember that you are here only by courtesy, and are without official recognition; officially you are not here at all; officially you do not even exist. To all intents and purposes you are absent from this place, and you ought for your own modesty's sake to reflect that it cannot become a person who is not present here to be taking this sort of public and indecent prominence in a matter in which he is not in the slightest degree concerned. Now, don't dodge again; the bullets are not for you, they are for me; if I want them dodged I will attend to it myself. I never saw a person act so."
Angelo saw the reasonableness of what his brother had said, and he did try to reform, but it was of no use; both pistols went off at the same instant, and he jumped once more; he got a sharp scrape along his cheek from the judge's bullet, and so deflected Luigi's aim that his ball went wide and chipped a flake of skin from Pudd'nhead Wilson's chin. The doctor attended to the wounded.
By the terms, the duel was over. But Luigi was entirely out of patience, and begged for one more exchange of shots, insisting that he had had no fair chance, on account of his brother's indelicate behavior. Howard was opposed to granting so unusual a privilege, but the judge took Luigi's part, and added that indeed he himself might fairly be considered entitled to another trial, because although the proxy on the other side was in no way to blame for his (the judge's) humiliatingly resultless work, the gentleman with whom he was fighting this duel was to blame for it, since if he had played no advantages and had held his head still, his proxy would have been disposed of early. He added:
"Count Luigi's request for another exchange is another proof th
at he is a brave and chivalrous gentleman, and I beg that the courtesy he asks may be accorded him."
"I thank you most sincerely for this generosity, Judge Driscoll," said Luigi, with a polite bow, and moving to his place. Then he added—to Angelo, "Now hold your grip, hold your grip, I tell you, and I'll land him sure!"
The men stood erect, their pistol-arms at their sides, the two seconds stood at their official posts, the doctor stood five paces in Wilson's rear with his instruments and bandages in his hands. The deep stillness, the peaceful moonlight, the motionless figures, made an impressive picture and the impending fatal possibilities augmented this impressiveness to solemnity. Wilson's hand began to rise—slowly—slowly—higher—still higher—still higher—in another moment:
"Boom!" the first stroke of midnight swung up out of the distance; Angelo was off like a deer!
"Oh, you unspeakable traitor!" wailed his brother, as they went soaring over the fence.
The others stood astonished and gazing; and so stood, watching that strange spectacle until distance dissolved it and swept it from their view. Then they rubbed their eyes like people waking out of a dream.
"Well, I've never seen anything like that before!" said the judge. "Wilson, I am going to confess now, that I wasn't quite able to believe in that leg business, and had a suspicion that it was a put-up convenience between those twins; and when Count Angelo fainted I thought I saw the whole scheme—thought it was pretext No. 1, and would be followed by others till twelve o'clock should arrive, and Luigi would get off with all the credit of seeming to want to fight and yet not have to fight, after all. But I was mistaken. His pluck proved it. He's a brave fellow and did want to fight."
"There isn't any doubt about that," said Howard, and added, in a grieved tone, "but what an unworthy sort of Christian that Angelo is—I hope and believe there are not many like him. It is not right to engage in a duel on the Sabbath—I could not approve of that myself; but to finish one that has been begun—that is a duty, let the day be what it may."