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“Then Scott Clemmons bade Ben Birney hold out his arms, which he did, and turning quickly with the boat at a level, he crushed it into a wreck.”

A murmur ran through the crowd at this, and the accused did not like the look upon the face of the judge as he said:

“Well, Miss Virgene, what else?”

“Why, Master Merrill at once knocked both Scott Clemmons and Ben Birney down, as he ought to have done, Judge Miller,” was the spirited reply of the young girl.

“I agree with you, Miss Virgene—ahem! ahem!” and the judge cut off his own decided unjudicial expression of his private opinion with a loud cough.

Resuming her testimony, Virgene Rich said:

“Scott Clemmons rose quickly, sir, and drawing a knife, rushed upon Master Merrill with a threat to kill him, when he was struck a blow with the hull of the wrecked boat that stunned him.”

“The prisoner, Mark Merrill, struck the blow?”

“Yes, Judge Miller, in self-defense; and the others then, led by Ben Birney, were about to spring upon him, when this gentleman frightened them off with what seems was an unloaded weapon,” and Virgene’s musical laughter was contagious, for many joined in until the judge, checking the broad grin upon his own face, commanded sternly: