ase 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. Clerk, swear the prisoner."
The customary oath having been administered, I made the following statement, which impressed the judge with so strong a sense of the comparative triviality of the offense for which I was on trial that he made no further search for mitigating circumstances, but simply instructed the jury to acquit, and I left the court, without a stain upon my reputation:
"I was born in 1856 in Kalamakee, Mich., of honest and reputable parents, one of whom Heaven has mercifully spared to comfort me in my later years. In 1867 the family came to California and settled near Nigger Head, where my father opened a road agency and prospered beyond the dreams of avarice. He was a reticent, saturnine man then, though his increasing years have now somewhat relaxed the austerity of his dis
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