Page:The Night Born (London,1913).djvu/145

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THE BENEFIT OF THE DOUBT

"The evidence of the two parties is flatly contradictory. There are no witnesses outside the two principals. Each claims the other committed the assault, and I have no legal way of determining the truth. But I have my private opinion, Mr. Witberg, and I would recommend that henceforth you keep off of Mr. Watson's premises and keep away from this section of the country—"

"This is an outrage!" Sol Witberg blurted out.

"Sit down, sir!" was the Justice's thundered command. "If you interrupt the Court in this manner again, I shall fine you for contempt. And I warn you I shall fine you heavily—you, a judge yourself, who should be conversant with the courtesy and dignity of courts. I shall now give my verdict:

"It is a rule of law that the defendant shall be given the benefit of the doubt. As I have said, and I repeat, there is no legal way for me to determine who struck the first blow. Therefore, and much to my regret,"—here he paused and glared at Sol Witberg—"in each of these cases I am compelled to give the defendant the benefit of the doubt. Gentlemen, you are both dismissed."

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