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The young District Attorney allowed his arm to drop, and turned to the jury, leaning easily with his bent knuckles on the table.

“Gentlemen,” he said, in his pleasant tones of every-day politeness, “the ‘bad man’ has become an unknown quantity in Zepata City and in the State of Texas. It lies with you to see that he remains so. He went out of existence with the blanket Indian and the buffalo. He is dead, and he must not be resurrected. He was a picturesque evil of those early days, but civilization has no use for him, and it has killed him, as the railroads and the barb-wire fence have killed the cowboy. He does not belong here; he does not fit in; he is not wanted. We want men who can breed good cattle, who can build manufactories and open banks; storekeepers who can undersell those of other cities; and professional men who know their business. We do not want desperadoes and ‘bad men’ and faro-dealers and men who are quick on the trigger. A foolish and morbid publicity has cloaked men of this class with a notoriety which cheap and pernicious literature has greatly helped to disseminate. They have been made romantic when they were brutal, brave when they were foolhardy, heroes when they were only bullies and blackguards. This man, Abe Barrow, the prisoner at the bar, belongs to that class. He enjoys and has enjoyed a reputation as a ‘bad man,’ a desperate and brutal ruffian. Free him to-day, and you set a premium on such reputations; acquit him of this crime, and you encourage others to like evil. Let him go, and he will walk the streets with a swagger, and boast that you were afraid to touch him–afraid, gentlemen–and children and women will point after him as the man who has sent nine others into eternity, and who yet walks the streets a free man. And he will become, in the eyes of the young and the weak, a hero and a god. This is unfortunate, but it is true.

“Now, gentlemen, we want to keep the streets of this city so safe that a woman can walk them at midnight without fear of insult, and a man can express his opinion on the corner without being shot in the back for doing so.”

The District Attorney turned from the jury with a bow, and faced Judge Truax.

“For the last ten years, your honor, this man, Abner Barrow, has been serving a term of imprisonment in the State penitentiary; I ask you to send him back there again for the remainder of his life. It will be the better place for him, and we will be happier in knowing we have done our duty in placing him there. Abe Barrow is out of date. He has missed step with the march of progress, and has been out of step for ten years, and it is best for all that he should remain out of it until he, who has sent nine other men unprepared to meet their God–“

“He is not on trial for the murder of nine men,” interrupted Colonel Stogart, springing from his chair, “but for the justifiable killing of one, and I demand, your honor, that–“

“–has sent nine other men to meet their Maker,” continued the District Attorney, “meets with the awful judgment of a higher court than this.”

Colonel Stogart smiled scornfully at the platitude, and sat down with an expressive shrug; but no one noticed him.

The District Attorney raised his arm and faced the court-room. “It cannot be said of us,” he cried, “that we have sat idle in the market-place. We have advanced and advanced in the last ten years, until we have reached the very foremost place with civilized people. This Rip Van Winkle of the past returns to find a city where he left a prairie town, a bank where he spun his roulette wheel, this magnificent court-house instead of a vigilance committee. And what is his part in this new court-house, which to-day, for the first time, throws open its doors to protect the just and to punish the unjust?