By A Defeated Litigant

Liars for witnesses; for lawyers brutes
Who lose their tempers to retrieve their suits;
Cowards for jurors; and for judge a clown
Who ne'er took up the law, yet lays it down;
Justice denied, authority abused,
And the one honest person the accused
Thy courts, my country, all these awful years,
Move fools to laughter and the wise to tears.

Jack Doe met Dick Roe, whose wife he loved,
And said: 'I will get the best of him.'
So pulling a knife from his boot, he shoved
It up to the hilt in the breast of him.

Then he moved that weapon forth and back,
Enlarging the hole he had made with it,
Till the smoking liver fell out, and Jack
Merrily, merrily played with it.

Then he reached within and he seized the slack
Of the lesser bowel, and, traveling
Hither and thither, looked idly back
On that small intestine, raveling.

The wretched Richard, with many a grin
Laid on with exceeding suavity,
Curled up and died, and they ran John in
And charged him with sins of gravity.

The case was tried and a verdict found:
The jury, with great humanity,
Acquitted the prisoner on the ground
Of extemporary insanity.

Wallace, created on a noble plan
To show us that a Judge can be a Man;
Through moral mire exhaling mortal stench
God-guided sweet and foot-clean to the Bench;
In salutation here and sign I lift
A hand as free as yours from lawless thrift,
A heart-ah, would I truly could proclaim
My bosom lighted with so pure a flame!
Alas, not love of justice moves my pen
To praise, or to condemn, my fellow men.
Good will and ill its busy point incite:
I do but gratify them when I write.
In palliation, though, I'd humbly state,
I love the righteous and the wicked hate.
So, sir, although we differ we agree,
Our work alike from persecution free,
And Heaven, approving you, consents to me.
Take, therefore, from this not all useless hand
The crown of honor-not in all the land
One honest man dissenting from the choice,
Nor in approval one Fred. Crocker's voice!

In fair San Francisco a good man did dwell,
And he wrote out a will, for he didn't feel well.
Said he: 'It is proper, when making a gift,
To stimulate virtue by comforting thrift.'

So he left all his property, legal and straight,
To 'the cursedest rascal in all of the State.'
But the name he refused to insert, for, said he:
'Let each man consider himself legatee.'

In due course of time that philanthropist died,
And all San Francisco, and Oakland beside-
Save only the lawyers-came each with his claim,
The lawyers preferring to manage the same.

The cases were tried in Department Thirteen,
Judge Murphy presided, sedate and serene,
But couldn't quite specify, legal and straight,
The cursedest rascal in all of the State.

And so he remarked to them, little and big-
To claimants: 'You skip!' and to lawyers: 'You dig!'
They tumbled, tumultuous, out of his court
And left him victorious, holding the fort.

'Twas then that he said: 'It is plain to my mind
This property's ownerless-how can I find
The cursedest rascal in all of the State?'
So he took it himself, which was legal and straight.

Censor Literarum

So, Parson Stebbins, you've released your chin
To say that here, and here, we press-folk ail.
'Tis a great thing an editor to skin
And hang his faulty pelt upon a nail
(If over-eared, it has, at least, no tail)
And, for an admonition against sin,
Point out its maculations with a rod,
And act, in short, the gentleman of God.

'Twere needless cruelty to spoil your sport
By comment, critical or merely rude;
But you, too, have, according to report,
Despite your posing as a holy dude,
Imperfect spiritual pulchritude
For so severe a judge. May't please the court,
We shall appeal and take our case at once
Before that higher court, a taller dunce.

Sir, what were _you_ without the press? What spreads
The fame of your existence, once a week,
From the Pacific Mail dock to the Heads,
Warning the people you're about to wreak
Upon the human ear your Sunday freak?
Whereat the most betake them to their bed
Though some prefer to slumber in the pews
And nod assent to your hypnotic views.

Unhappy man! can you not still your tongue
When (like a luckless brat afflict with worms,
By cruel fleas intolerably stung,
Or with a pang in its small lap) it squirms?
Still must it vulgarize your feats of lung?
No preaching better were, the sun beneath,
If you had nothing there behind your teeth.

The Day of Judgment spread its glare
O'er continents and seas.
The graves cracked open everywhere,
Like pods of early peas.

Up to the Court of Heaven sped
The souls of all mankind;
Republicans were at the head
And Democrats behind.

Reub. Lloyd was there before the tube
Of Gabriel could call:
The dead in Christ rise first, and Reub.
Had risen first of all.

He sat beside the Throne of Flame
As, to the trumpet's sound,
Four statesmen of the Party Came
And ranged themselves around

Pure spirits shining like the sun,
From taint and blemish free
Great William Stow was there for one,
And George A. Knight for three.

Souls less indubitably white
Approached with anxious air,
Judge Blake at head of them by right
Of having been a Mayor.

His ermine he had donned again,
Long laid away in gums.
'Twas soiled a trifle by the stains
Of politicians' thumbs.

Then Knight addressed the Judge of Heaven:
'Your Honor, would it trench
On custom here if Blake were given
A seat upon the Bench?'

'Twas done. 'Tom Shannon!' Peter cried.
He came, without ado,
_In forma pauperis_ was tried,
And was acquitted, too!

Stow rose, remarking: 'I concur.'
Lloyd added: 'That suits _us_.
I move Tom's nomination, sir,
Be made unanimous.'

ROBERT F. MORROW

Dear man! although a stranger and a foe
To soft affection's humanizing glow;
Although untaught how manly hearts may throb
With more desires than the desire to rob;
Although as void of tenderness as wit,
And owning nothing soft but Maurice Schmitt;
Although polluted, shunned and in disgrace,
You fill me with a passion to embrace!
Attentive to your look, your smile, your beck,
I watch and wait to fall upon your neck.
Lord of my love, and idol of my hope,
You are my Valentine, and I'm
A ROPE.


ALFRED CLARKE JR.

Illustrious son of an illustrious sire
Entrusted with the duty to cry 'Fire!'
And call the engines out, exert your power
With care. When, looking from your lofty tower,
You see a ruddy light on every wall,
Pause for a moment ere you sound the call:
It may be from a fire, it may be, too,
From good men's blushes when they think of you.


JUDGE RUTLEDGE

Sultan of Stupids! with enough of brains
To go indoors in all uncommon rains,
But not enough to stay there when the storm
Is past. When all the world is dry and warm,
In irking comfort, lamentably gay,
Keeping the evil tenor of your way,
You walk abroad, sweet, beautiful and smug,
And Justice hears you with her wonted shrug,
Lifts her broad bandage half-an-inch and keeps
One eye upon you while the other weeps.


W.H.L. BARNES

Happy the man who sin's proverbial wage
Receives on the instalment plan-in age.
For him the bulldog pistol's honest bark
Has naught of terror in its blunt remark.
He looks with calmness on the gleaming steel
If e'er it touched his heart he did not feel:
Superior hardness turned its point away,
Though urged by fond affinity to stay;
His bloodless veins ignored the futile stroke,
And moral mildew kept the cut in cloak.
Happy the man, I say, to whom the wage
Of sin has been commuted into age.
Yet not _quite_ happy-hark, that horrid cry!
His cruel mirror wounds him in the eye!

George A. Knight

Attorney Knight, it happens so sometimes
That lawyers, justifying cut-throats' crimes
For hire-calumniating, too, for gold,
The dead, dumb victims cruelly unsouled
Speak, through the press, to a tribunal far
More honorable than their Honors are,
A court that sits not with assenting smile
While living rogues dead gentleman revile,
A court where scoundrel ethics of your trade
Confuse no judgment and no cheating aid,
The Court of Honest Souls, where you in vain
May plead your right to falsify for gain,
Sternly reminded if a man engage
To serve assassins for the liar's wage,
His mouth with vilifying falsehoods crammed,
He's twice detestable and doubly damned!

Attorney Knight, defending Powell, you,
To earn your fee, so energetic grew
(So like a hound, the pride of all the pack,
Clapping your nose upon the dead man's track
To run his faults to earth-at least proclaim
At vacant holes the overtaken game)
That men who marked you nourishing the tongue,
And saw your arms so vigorously swung,
All marveled how so light a breeze could stir
So great a windmill to so great a whirr!
Little they knew, or surely they had grinned,
The mill was laboring to raise the wind.

Ralph Smith a 'shoulder-striker'! God, O hear
This hardy man's description of thy dear
Dead child, the gentlest soul, save only One,
E'er born in any land beneath the sun.
All silent benefactions still he wrought:
High deed and gracious speech and noble thought,
Kept all thy law, and, seeking still the right,
Upon his blameless breast received the light.

'Avenge, O Lord, thy slaughtered saints,' he cried
Whose wrath was deep as his comparison wide
Milton, thy servant. Nay, thy will be done:
To smite or spare-to me it all is one.
Can vengeance bring my sorrow to an end,
Or justice give me back my buried friend?
But if some Milton vainly now implore,
And Powell prosper as he did before,
Yet 'twere too much that, making no ado,
Thy saints be slaughtered and be slandered too.
So, Lord, make Knight his weapon keep in sheath,
Or do Thou wrest it from between his teeth!

Delay responsible? Why, then; my friend,
Impeach Delay and you will make an end.
Thrust vile Delay in jail and let it rot
For doing all the things that it should not.
Put not good-natured judges under bond,
But make Delay in damages respond.
Minos, Aeacus, Rhadamanthus, rolled
Into one pitiless, unsmiling scold
Unsparing censor, be your thongs uncurled
To 'lash the rascals naked through the world.'
The rascals? Nay, Rascality's the thing
Above whose back your knotted scourges sing.
_Your_ satire, truly, like a razor keen,
'Wounds with a touch that's neither felt nor seen;'
For naught that you assail with falchion free
Has either nerves to feel or eyes to see.
Against abstractions evermore you charge
You hack no helmet and you need no targe.
That wickedness is wrong and sin a vice,
That wrong's not right and foulness never nice,
Fearless affirm. All consequences dare:
Smite the offense and the offender spare.
When Ananias and Sapphira lied
Falsehood, had you been there, had surely died.
When money-changers in the Temple sat,
At money-changing you'd have whirled the 'cat'
(That John-the-Baptist of the modern pen)
And all the brokers would have cried amen!

Good friend, if any judge deserve your blame
Have you no courage, or has he no name?
Upon his method will you wreak your wrath,
Himself all unmolested in his path?
Fall to! fall to!-your club no longer draw
To beat the air or flail a man of straw.
Scorn to do justice like the Saxon thrall
Who cuffed the offender's shadow on a wall.
Let rascals in the flesh attest your zeal
Knocked on the mazzard or tripped up at heel!

We know that judges are corrupt. We know
That crimes are lively and that laws are slow.
We know that lawyers lie and doctors slay;
That priests and preachers are but birds of pray;
That merchants cheat and journalists for gold
Flatter the vicious while at vice they scold.
'Tis all familiar as the simple lore
That two policemen and two thieves make four.

But since, while some are wicked, some are good,
(As trees may differ though they all are wood)
Names, here and there, to show whose head is hit,
The bad would sentence and the good acquit.
In sparing everybody none you spare:
Rebukes most personal are least unfair.
To fire at random if you still prefer,
And swear at Dog but never kick a cur,
Permit me yet one ultimate appeal
To something that you understand and feel:
Let thrift and vanity your heart persuade
You might be read if you would learn your trade.

Good brother cynics (you have doubtless guessed
Not one of you but all are here addressed)
Remember this: the shaft that seeks a heart
Draws all eyes after it; an idle dart
Shot at some shadow flutters o'er the green,
Its flight unheeded and its fall unseen.

DRAMATIS PERSONAE.

HAYSEED _a Granger_
NOZZLE _a Miner_
RINGDIVVY _a Statesman_
FEEGOBBLE _a Lawyer_
JUNKET _a Committee_

_Scene_-Yuba Dam.

_Feegobble, Ringdivvy, Nozzle_.


NOZZLE:

My friends, since '51 I have pursued
The evil tenor of my watery way,
Removing hills as by an act of faith

RINGDIVVY:

Just so; the steadfast faith of those who hold,
In foreign lands beyond the Eastern sea,
The shares in your concern-a simple, blind,
Unreasoning belief in dividends,
Still stimulated by assessments which,
When the skies fall, ensnaring all the larks,
Will bring, no doubt, a very great return.

ALL (_singing_):

O the beautiful assessment,
The exquisite assessment,
The regular assessment,
That makes the water flow.

RINGDIVVY:

The rascally-assessment!

FEEGOBBLE:

The murderous assessment!

NOZZLE:

The glorious assessment
That makes my mare to go!

FEEGOBBLE:

But, Nozzle, you, I think, were on the point
Of making a remark about some rights-
Some certain vested rights you have acquired
By long immunity; for still the law
Holds that if one do evil undisturbed
His right to do so ripens with the years;
And one may be a villain long enough
To make himself an honest gentleman.

ALL (_singing_):

Hail, holy law,
The soul with awe
Bows to thy dispensation.

NOZZLE:

It breaks my jaw!

RINGDIVVY:

It qualms my maw!

FEEGOBBLE:

It feeds my jaw,
It crams my maw,
It is my soul's salvation!

NOZZLE:

Why, yes, I've floated mountains to the sea
For lo! these many years; though some, they say,
Do strand themselves along the bottom lands
And cover up a village here and there,
And here and there a ranch. 'Tis said, indeed,
The granger with his female and his young
Do not infrequently go to the dickens
By premature burial in slickens.

ALL (_singing_):

Could slickens forever
Choke up the river,
And slime's endeavor
Be tried on grain,
How small the measure
Of granger's treasure,
How keen his pain!

RINGDIVVY:

'A consummation devoutly to be wished!'
These rascal grangers would long since have been
Submerged in slimes, to the last man of them,
But for the fact that all their wicked tribes
Affect our legislation with their bribes.

ALL (_singing_):

O bribery's great-
'Tis a pillar of State,
And the people they are free.

FEEGOBBLE:

It smashes my slate!

NOZZLE:

It is thievery straight!

RINGDIVVY:

But it's been the making of me!

NOZZLE:

I judge by certain shrewd sensations here
In these callosities I call my thumbs
thrilling sense as of ten thousand pins,
Red-hot and penetrant, transpiercing all
The cuticle and tickling through the nerves
That some malign and awful thing draws near.

(_Enter Hayseed._)

Good Lord! here are the ghosts and spooks of all
The grangers I have decently interred,
Rolled into one!

FEEGOBBLE:

Plead, phantom.

RINGDIVVY:

You've the floor.

HAYSEED:

From the margin of the river
(Bitter Creek, they sometimes call it)
Where I cherished once the pumpkin,
And the summer squash promoted,
Harvested the sweet potato,
Dallied with the fatal melon
And subdued the fierce cucumber,
I've been driven by the slickens,
Driven by the slimes and tailings!
All my family-my Polly
Ann and all my sons and daughters,
Dog and baby both included
All were swamped in seas of slickens,
Buried fifty fathoms under,
Where they lie, prepared to play their
Gentle prank on geologic
Gents that shall exhume them later,
In the dim and distant future,
Taking them for melancholy
Relics antedating Adam.
I alone got up and dusted.

NOZZLE:

Avaunt! you horrid and infernal cuss!
What dire distress have you prepared for us?

RINGDIVVY:

Were I a buzzard stooping from the sky
My craw with filth to fill,
Into your honorable body I
Would introduce a bill.

FEEGOBBLE:

Defendant, hence, or, by the gods, I'll brain thee!-
Unless you saved some turneps to retain me.

HAYSEED:

As I was saying, I got up and dusted,
My ranch a graveyard and my business busted!
But hearing that a fellow from the City,
Who calls himself a Citizens' Committee,
Was coming up to play the very dickens,
With those who cover up our farms with slickens,
And make himself-unless I am in error
To all such miscreants a holy terror,
I thought if I would join the dialogue
I maybe might get payment for my dog.

ALL (_Singing_):

O the dog is the head of Creation,
Prime work of the Master's hand;
He hasn't a known occupation,
Yet lives on the fat of the land.
Adipose, indolent, sleek and orbicular,
Sun-soaken, door matted, cross and particular,
Men, women, children, all coddle and wait on him,
Then, accidentally shutting the gate on him,
Miss from their calves, ever after, the rifted out
Mouthful of tendons that doggy has lifted out!
(_Enter Junket_.)

JUNKET:

Well met, my hearties! I must trouble you
Jointly and severally to provide
A comfortable carriage, with relays
Of hardy horses. This Committee means
To move in state about the country here.
I shall expect at every place I stop
Good beds, of course, and everything that's nice,
With bountiful repast of meat and wine.
For this Committee comes to sea and mark
And inwardly digest.

HAYSEED:

Digest my dog!

NOZZLE:

First square my claim for damages: the gold
Escaping with the slickens keeps me poor!

RINGDIVVY:

I merely would remark that if you'd grease
My itching palm it would more glibly glide
Into the public pocket.

FEEGOBBLE:

Sir, the wheels
Of justice move but slowly till they're oiled.
I have some certain writs and warrants here,
Prepared against your advent. You recall
The tale of Zaccheus, who did climb a tree,
And Jesus said: 'Come down'?

JUNKET:

Why, bless your souls!
I've got no money; I but came to see
What all this noisy babble is about,
Make a report and file the same away.

NOZZLE, RINGDIVVY, FEEGOBBLE, HAYSEED:

How'll that help _us_? Reports are not our style
Of provender!

JUNKET:

Well, you can gnaw the file.

A famous journalist, who long
Had told the great unheaded throng
Whate'er they thought, by day or night.
Was true as Holy Writ, and right,
Was caught in-well, on second thought,
It is enough that he was caught,
And being thrown in jail became
The fuel of a public flame.

'_Vox populi vox Dei_,' said
The jailer. Inxling bent his head
Without remark: that motto good
In bold-faced type had always stood
Above the columns where his pen
Had rioted in praise of men
And all they said-provided he
Was sure they mostly did agree.
Meanwhile a sharp and bitter strife
To take, or save, the culprit's life
Or liberty (which, I suppose,
Was much the same to him) arose
Outside. The journal that his pen
Adorned denounced his crime-but then
Its editor in secret tried
To have the indictment set aside.
The opposition papers swore
His father was a rogue before,
And all his wife's relations were
Like him and similar to her.
They begged their readers to subscribe
A dollar each to make a bribe
That any Judge would feel was large
Enough to prove the gravest charge
Unless, it might be, the defense
Put up superior evidence.
The law's traditional delay
Was all too short: the trial day
Dawned red and menacing. The Judge
Sat on the Bench and wouldn't budge,
And all the motions counsel made
Could not move _him_-and there he stayed.
'The case must now proceed,' he said,
'While I am just in heart and head,
It happens-as, indeed, it ought-
Both sides with equal sums have bought
My favor: I can try the cause
Impartially.' (Prolonged applause.)

The prisoner was now arraigned
And said that he was greatly pained
To be suspected-_he_, whose pen
Had charged so many other men
With crimes and misdemeanors! 'Why,'
He said, a tear in either eye,
'If men who live by crying out
'Stop thief!' are not themselves from doubt
Of their integrity exempt,
Let all forego the vain attempt
To make a reputation! Sir,
I'm innocent, and I demur.'
Whereat a thousand voices cried
Amain he manifestly lied-
_Vox populi_ as loudly roared
As bull by _picadores_ gored,
In his own coin receiving pay
To make a Spanish holiday.

The jury-twelve good men and true
Were then sworn in to see it through,
And each made solemn oath that he
As any babe unborn was free
From prejudice, opinion, thought,
Respectability, brains-aught
That could disqualify; and some
Explained that they were deaf and dumb.
A better twelve, his Honor said,
Was rare, except among the dead.
The witnesses were called and sworn.
The tales they told made angels mourn,
And the Good Book they'd kissed became
Red with the consciousness of shame.

Whenever one of them approached
The truth, 'That witness wasn't coached,
Your Honor!' cried the lawyers both.
'Strike out his testimony,' quoth
The learned judge: 'This Court denies
Its ear to stories which surprise.
I hold that witnesses exempt
From coaching all are in contempt.'
Both Prosecution and Defense
Applauded the judicial sense,
And the spectators all averred
Such wisdom they had never heard:
'Twas plain the prisoner would be
Found guilty in the first degree.
Meanwhile that wight's pale cheek confessed
The nameless terrors in his breast.
He felt remorseful, too, because
He wasn't half they said he was.
'If I'd been such a rogue,' he mused
On opportunities unused,
'I might have easily become
As wealthy as Methusalum.'
This journalist adorned, alas,
The middle, not the Bible, class.

With equal skill the lawyers' pleas
Attested their divided fees.
Each gave the other one the lie,
Then helped him frame a sharp reply.

Good Lord! it was a bitter fight,
And lasted all the day and night.
When once or oftener the roar
Had silenced the judicial snore
The speaker suffered for the sport
By fining for contempt of court.
Twelve jurors' noses good and true
Unceasing sang the trial through,
And even _vox populi_ was spent
In rattles through a nasal vent.
Clerk, bailiff, constables and all
Heard Morpheus sound the trumpet call
To arms-his arms-and all fell in
Save counsel for the Man of Sin.
That thaumaturgist stood and swayed
The wand their faculties obeyed-
That magic wand which, like a flame.
Leapt, wavered, quivered and became
A wonder-worker-known among
The ignoble vulgar as a Tongue.

How long, O Lord, how long my verse
Runs on for better or for worse
In meter which o'ermasters me,
Octosyllabically free!
A meter which, the poets say,
No power of restraint can stay;
A hard-mouthed meter, suited well
To him who, having naught to tell,
Must hold attention as a trout
Is held, by paying out and out
The slender line which else would break
Should one attempt the fish to take.
Thus tavern guides who've naught to show
But some adjacent curio
By devious trails their patrons lead
And make them think 't is far indeed.
Where was I?

While the lawyer talked
The rogue took up his feet and walked:
While all about him, roaring, slept,
Into the street he calmly stepped.
In very truth, the man who thought
The people's voice from heaven had caught
God's inspiration took a change
Of venue-it was passing strange!
Straight to his editor he went
And that ingenious person sent
A Negro to impersonate
The fugitive. In adequate
Disguise he took his vacant place
And buried in his arms his face.
When all was done the lawyer stopped
And silence like a bombshell dropped
Upon the Court: judge, jury, all
Within that venerable hall
(Except the deaf and dumb, indeed,
And one or two whom death had freed)
Awoke and tried to look as though
Slumber was all they did not know.

And now that tireless lawyer-man
Took breath, and then again began:
'Your Honor, if you did attend
To what I've urged (my learned friend
Nodded concurrence) to support
The motion I have made, this court
May soon adjourn. With your assent
I've shown abundant precedent
For introducing now, though late,
New evidence to exculpate
My client. So, if you'll allow,
I'll prove an _alibi_!' 'What?-how?'
Stammered the judge. 'Well, yes, I can't
Deny your showing, and I grant
The motion. Do I understand
You undertake to prove-good land!-
That when the crime-you mean to show
Your client wasn't _there_?' 'O, no,
I cannot quite do that, I find:
My _alibi's_ another kind
Of _alibi_,-I'll make it clear,
Your Honor, that he isn't _here_.'
The Darky here upreared his head,
Tranquillity affrighted fled
And consternation reigned instead!