comparison. If you were familiar with the details of my client's
previous murder of his uncle you would discern in his later offense
(if offense it may be called) something in the nature of tender
forbearance and filial consideration for the feelings of the victim.
The appalling ferocity of the former assassination was indeed
inconsistent with any hypothesis but that of guilt; and had it not
been for the fact that the honorable judge before whom he was tried
was the president of a life insurance company that took risks on
hanging, and in which my client held a policy, it is hard to see how
he could decently have been acquitted. If your Honor would like to
hear about it for instruction and guidance of your Honor's mind, this
unfortunate man, my client, will consent to give himself the pain of
relating it under oath."

The district attorney said: "Your Honor, I object. Such a statement
would be in the nature of evidence, and the testimony in this case is
closed. The prisoner's statement should have been introduced three
years ago, in the spring of 1881."

"In a statutory sense," said the judge, "you are right, and in the
Court of Objections and Technicalities you would get a ruling in your
favor. But not in a Court of Acquittal. The objection is overruled."

"I except," said the district attorney.

"You cannot do that," the judge said. "I must remind you that in
order to take an exception you must first get this case transferred
for a time to the Court of Exceptions on a formal motion duly
supported by affidavits. A motion to that effect by your predecessor
in office was denied by me during the first year of this trial. Mr.