Page:California Inter Pocula.djvu/615

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country ever possessed the right to drive out its criminals instead of punishing them, it was Callfornia, for the ruffians that infested her shores were not of her own breeding. They had come from older countries that had no right to uncage them; from communities prim and puritanical, that regarded with pharisaical reprobation the land upon which they had emptied their prison-pens.

Well, Ned came to California, and coolly took his seat upon the judicial bench. Quite an agreeable change from a Pennsylvania penitentiary to a California court; as marked a change as was that of his friend Casey, from Sing Singing to supervisoring. Doubtless, now that he was justice of the peace, he thought lie was a better man, a reformed, a very good man. The wicked poor he punished roundly; the wicked rich he made pay him handsomely. Could Solomon have dealt out justice more wisely?

One day an attorney who had known him of old had a case in his court. The lawyer had but lately landed from a long and tedious passage round Cape Horn. Some of his fellow-passengers had manifested their joy at landing a little too loudly. Ned's party was nervous in those days and abhorred noise almost as much as light. Besides, there was money in it. The passengers were arrested for disorderly conduct, and asked their friend the lawyer to conduct their case for them. At the hour appointed for trial the passengers' attorney entered the court-room and took his seat. The judge had not yet arrived. Presently a bull-doggish face emerged from a side door, the owner of which stepped upon the judge's platform, laid his sword cane and deeply craped white "plug" upon the desk before him, took from his pocket a large red handkerchief and blew loudly his short upturned nose, and with pugilistic grace and dignity seated himself upon the bench.

The lawyer looked and was bewildered " I have seen that face before," he thought. "Can it be? Surely