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an oyster? That because our friend Captain Toby yesterday dined on Bologna sausage, the component parts of which are uncertain, he ought to-day to be barking like a dog, neighing like a horse, or braying like a jackass? That in now addressing you, gentlemen, and refuting these abominable heresies, I am merely uttering the sentiments of a clam, or a bull-frog, or a mountain grouse, having recently partaken of all these luxuries? That our cook, Dr. Campbell, is merely a large sturgeon with hind-legs, because he happens to be fond of sturgeon? Out upon such monstrous and absurd doctrines! I hope, gentlemen, the good sense of this Association may never again be insulted by views so unworthy the age of civilization in which we live!"

MAN, ON THE JUDGE'S THEORY.

This rebuke was so unlike the general tenor of the Judge's remarks, which were almost invariably characterized by great courtesy; it was so sudden, warm, and unexpected, that for a moment Mr. Wilkins was taken aback and rendered quite speechless. It was only for a moment, however, for his resources were too prolific, and his spirit of too unyielding a character, to permit of such an easy victory. He was about to indulge in a very sarcastic retort, bearing with great severity upon those incredulous members of society who never believe in any

thing which is not susceptible of proof by the double rule of three, when Captain Toby, who was a little impatient to proceed on the hunt, interfered to preserve peace. The proposition submitted by the Captain gave an entirely new turn to the argument.

"Gentlemen," said he, "there is a great deal to be said on both sides of the question, as I know by personal experience. I am intimately acquainted with all the trails that lead to the great citadel of Truth, having been there on several occasions. The very best of them, in my opinion, is a little NOURISHMENT. I propose, therefore, that we all take a pull at the blue keg, and consider the matter amicably decided in favor of both parties."

This proposition was greeted with a shout of approval, in which both his Honor and Mr. Wilkins heartily joined. The blue keg was brought forward, and every gentleman present became fully satisfied that Truth lay at the bottom of it, for all seemed to be in search of it in that direction. In a few minutes more the party had scattered out in the various directions suggested by Captain Toby. The only occupants of the camp were the old black Doctor and our friend Tom Fry.

As the day advanced the popping of rifles and shot-guns all around on the hill-sides became absolutely inspiring. It was evident that the hunters were enjoying an extraordinary amount of success. Mr. Fry began to feel lonesome. There was something rather depressing and inglorious in his position. Besides, what would be the result if the hunters should happen to drive all the grizzly bears in the country in toward the camp? Mr. Fry reflected for some time, and at length thought he would like to go out and kill a deer also.

"Campbell," said he to the Doctor, who was engaged in stirring up the venison stew, "a thought has struck me!"

"Golly, das bad!" answered the Doctor, looking up a little incredulous. "Did he struck you in de stomach ?"

"No-I say a thought has struck me." "Oh, das it, eh? D-d-did you hit him back agin ?"

"Campbell, what would you say if I were to go out and kill a buck within three hundred yards of camp?"

"Oh, gway fum here, Mass'r Fry!" said the Doctor, laughing, "you jest want to fool d' ole nigger."

"Not at all, Doctor; I am perfectly in earn

est. Our friend Captain Toby has informed me that if I dress in a deer-skin and wear the head of a buck it will be a sure method of attracting all the deer in the vicinity, and driving away the bears. He says he has often caught a dozen fawns a day by assuming that costume and throwing a little Scotch snuff in their eyes as soon as they came near enough."

The Doctor opened his eyes very wide at this information, but merely remarked that Captain Toby "know'd a heap of funny things."

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The more Mr. Fry considered the matter the more determined he became to carry his project into execution.

"Campbell," said he, after a pause, "I believe I'll do it. With your assistance I can arrange one of these deer-skins. It will be a grand triumph if I can kill a fine buck within a few hundred yards of camp."

The Doctor was rather tickled at the idea, and readily offered his assistance. A large deerskin was selected from a lot that hung on a tree close by. The head and

antlers of another deer were then procured, and, by means of a little labor in cutting out the jawbones and brains, rendered sufficiently light for the purpose. A sail-needle and piece of twine answered to sew this to the neck of the skin, which the Doctor then fastened around the body of Mr. Fry with strips of raw hide. In a very short time the deception was complete. As Mr. Fry walked up and down before the camp-fire in a stooping posture the Doctor could not forbear some expressions of admiration.

"Golly, Mass'r Fry! you's de 'spress image of a big buck I seed de oder day-all 'cep de hind-legs!"

Mr. Fry looked at his ponderous legs, and thought they might be a little thinner without disadvantage to himself or the character he had assumed. However, it would not be necessary to show his hind-legs unless in case he should encounter a bear. By turning his back toward an animal of that description, he thought there would be rather an advantage in the legs than otherwise; and he accordingly turned in the proposed attitude, and said, triumphantly,

"Campbell, what do I look like now ?" "Golly!" exclaimed the Doctor, starting back as if quite astounded, "you's de 'spress image of a ghost I seed one night! If dat doesn't scare away de grizzly bears de debbil himself couldn't do it!"

Mr. Fry was quite charmed with the results of his experiment. With a few words of caution to the Doctor not to suffer any accident to happen to the stew, he took his rifle and proceeded toward a little eminence about three hundred yards from the camp. This spot was partially concealed by bushes, and was admirably suited for the purpose. It overlooked a ravine in which several deer had been recently seen, and where it was likely there were still a few bucks lurking in search of the does which had been killed.

Mr. Fry had not proceeded very far when he heard a crackling sound in the bushes on the opposite side of the ravine. It was evidently a

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TOM FRY'S DEER HUNT.

deer, and now was the time to test the experiment of the mask. With some difficulty, and a few misgivings that it might possibly turn out to be a bear, he got down on all fours and crept cautiously up toward the edge of the bank, keeping his rifle pointed backward, so that there would be no danger of an accident, and breathing very heavily to keep his courage up.

Here I must pause to explain the true nature of the sounds which had attracted the attention of our hunter.

It appeared that Mr. Phil Wilkins, after becoming separated from the party, took it into his head that this thing of cruising around the edges of chaparral patches and deep ravines was somewhat dangerous. He would therefore cruise in toward the camp. Still it would not do to return too soon; so he sat down and waited a few hours, during which he devoted himself to the preparation of an argument in defense of his peculiar theories, that would perfectly annihilate the Judge. About the time he had entirely extinguished his antagonist he heard a rustling among the bushes on the opposite side of the ravine, and looking up in that direction, perceived, to his extreme surprise, the head and antlers of a splendid buck! Mr. Wilkins was seized with a sudden ague. He was not frightened. By no means. Nobody ever is frightened on such occasions. It was only the prodigious and astounding character of the fact that took him aback. There stood a live buck before him within forty yards! It was enough to give any gentleman not accustomed to such sights the worst kind of an ague. I once had an attack myself that caused me to drop the rifle and run away; but then that was a bear ague. Still the buck ague is very nearly as bad, because there is no telling whether the animal may not take a sudden notion to make use of his horns, and thus become the attacking party.

Mr. Wilkins had fired by way of practice several shots at crows, stumps, and rocks on the way down to his present station, and not expecting to see any thing more, had failed to load his

H

THE BUCK AGUE.

is that?" exclaimed Mr. Wilkins, starting back aghast. "A buck with human legs!"

There was certainly no mistake about that fact. There were the legs-and a very substantial pair they were too. Mr. Wilkins turned ashy pale, shook from head to foot, and cried out desperately, "Help! help! I've killed a man! Come here somebody! Murder! fire!"

Fortunately Captain Toby happened to be charging down the hill at that moment on his Broncho. Attracted by the cries of help, he hastened to the spot, and there saw, to his intense astonishment, the prostrate and writhing form of Mr. Fry, habited in the skin of a deer, the unhappy Wilkins running about frantically calling for help. The Captain saw at a glance what had happened, dis

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"He's mortally wounded," said the Captain, "You've shot him in the bowels! Here's the hole in the deer-skin where the ball struck him."

rifle. He now did so, however, very rapidly, | mounted from his Broncho, raised up the head
and under such terrible shocks of ague that it of the dying man, felt his pulse, and carefully
was with the utmost difficulty he could find the examined his body.
muzzle of the rifle, or get the powder into it
after he did find it, or put the cap on the nip-gravely.
ple after that was done. Without waiting to
draw out the ramrod-of the existence of which
he was perfectly ignorant at the moment-he
hastily placed the barrel on the limb of a small
tree, drew the stock somewhere about the top
of his right shoulder, took a general average of
the space in front of him, shut both his eyes,
turned his head away, and-fired!

Mr. Wilkins, to his extreme surprise, found himself immediately lying prostrate upon his back with the rifle about three paces from him. He rubbed his eyes, got up, felt his arms and legs, walked a few steps, and became satisfied that he had suffered no material injury. It was a very remarkable case! The rifle must have kicked! No matter; he had effectually disposed of the buck, for he could see it across the ravine kicking on the top of the bank in the agonies of death!

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"But there's no blood," said Mr. Wilkins, wringing his hands; "at least I don't see any."

"Of course not. No man ever bleeds when he is shot in the bowels. The injury is internal." "What's to be done?" cried Mr. Wilkins. piteously. "What's to be done, Captain Toby?"

"Done?" said the Captain. "Why, carry him into camp at once, and give him some nourishment. Nothing else will save him?"

Here the Captain set up a yell for help that must have been heard at the distance of half a mile. Almost at the same moment the two lawyers, who had taken down the coast, appeared over the brow of the hill. By the united efforts of all four the unfortunate victim of Mr. Wilkins's skill was lifted up and borne toward the camp.

In the mean time the Doctor had heard the unusual cries, and was rejoiced at the success of the experiment in which he had taken part.

"Golly!" said he, as the party approached carrying their heavy burden, "das a whopper! Mass'r Tom has killed a big buck, sure enough!

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Whew! it takes four of 'em to carry it into camp!"

But just at this moment the Doctor got sight of the legs, and turned the color of lead with fright. Visions of murder, arrest, jails, and the gallows flashed through his brain. Not more than half an hour had elapsed since he had helped to manufacture that very buck. Throwing up his hands he fell back in a paroxysm of terror, roaring out with all his might, "Gway fum here! Oh! gway fum here! I had nuffin to do wid it! Gway! Somebody else done it! I'm nuffin but a poor ole nigger! Let me be! Oh, let me be!"

"Shut up!" said the Captain, sternly. "Nobody accused you of it, you old reprobate! Bring the blue keg here, quick!"

The Doctor gathered himself up as fast as possible, and did as commanded. Captain Toby then directed that the wounded man should be laid on a blanket, which was also done. He then took the keg, extracted the bung, and held the orifice directly over the mouth of his patient. The remedy operated like magic. After a few gulps Mr. Fry slowly opened his eyes, and, in a feeble voice, demanded, "Where am I? What has happened? Is the stew all safe?"

Captain Toby answered, "Keep quiet, my dear Sir, as you value your life. You are in camp among your friends. An accident has happened. You have been shot in mistake for a deer, and mortally wounded. Fortunately, however, there is a remedy at hand which would bring the deadest man that ever died to life if he

were only capable of trying it-and the stew is all safe." Mr. Fry groaned and turned over. He was aware that he was mortally wounded - there could be no doubt about that. He had felt the ball strike him. It must have hit him in the pit of the stomach, for there was where he had first become sensible of the concussion. To die, however, and leave that stew! Here he groaned again, and begged to be helped to a plate of stew, that he might at least know how it tasted before his departure from this world. The Doctor quickly supplied the necessary aliment.

"Perhaps, after all," observed Mr. Wilkins, hopefully, "he may not be mortally wounded, though I am certain I took dead aim on him."

"Not mortally wounded!" cried Captain Toby, sternly. "Was ever a man shot through the pit of the stomach without being mortally wounded? I am astonished at you, Mr. Wilkins! Permit me to ask, Sir, if you shot this unfortunate man in illustration of your peculiar theory? If you did, it was certainly a very striking illustration! Besides, Sir, I am too well aware of your skill with the rifle to suppose for a moment that you could have missed so large an object at the distance of forty paces."

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"That the human skull was composed of gutta-percha. Barnes denied this proposition as absurd and contemptible, and quoted the evidence of the most renowned medical men of the age to prove that it was formed of calcined magnesia and oxygen gas."

"Hydrogen, if it please the Court," said Mr. Tompkins.

No man ever yet recovered after a ramrod had passed through his bowels. You must be prepared, Sir, for the worst consequences. I once shot three bucks with a ramrod, and killed every one of them instantly. Indeed, there was an unfortunate Indian stealing upon them from the opposite side, and he was killed also. The ramrod entered his skull and passed out through his left heel. He never spoke a word after receiving "Of hydrogen gas and calcined magnesia. the wound; but turning coolly around, picked Boggs became excited, and said that the quesup the ramrod, fixed it in his bow, and fired it |tion was susceptible of mathematical demonstraback at me. By a mere miracle my life was tion. Barnes dared him to prove it, upon which saved. The pewter flask which I usually carry Boggs immediately struck Barnes a smart blow hung in front of my stomach. The ramrod on the head with his walking-cane. Barnes struck it and glanced, merely carrying away two dropped-" buttons from my vest. The Indian, in the mean time, rolled over and died."

This fearful example of the dreadful effects of ramrods caused Mr. Fry to drop the stew and resume his groans. It was truly pitiable to behold him as he lay tossing and groaning on the blanket, calling for help and protesting that it was impossible for him to live fifteen minutes longer.

At this melancholy stage of affairs the Judge and several other members of the party returned to camp, having been unsuccessful in the chase. A large buzzard was the only game that resulted from the united skill of the party.

The nature of the dreadful catastrophe which had occurred was quickly explained by Captain Toby; and it is doing no more than justice to his Honor to say that he was profoundly moved and distressed. In a voice almost inarticulate with grief he said:

66

"If the Court will excuse me," said Mr. Podgers, Barnes did not drop. He staggered and fell."

"That is immaterial to the point at issue," continued the Judge; "at all events, his skull was cracked—”

"Fractured, is the reading of the case in the books," said Mr. Tompkins.

"His skull was fractured by the blow. Boggs still contended that it was made of guttapercha, which Barnes being unable to deny at the moment, Boggs retired triumphantly. Suit for damages was brought by Barnes immediately upon his recovery. The Court decided that no man had a right to maintain the doctrine of gutta-percha at the expense of another man's skull—”

"Cranium is the expression used in the decision, if the Court please," said Mr. Podgers.

"At the expense of another man's cranium. The jury having rendered a verdict of Guilty, Boggs was sentenced to pay a fine of a thousand dollars-"

"Eleven hundred," said Mr. Tompkins; "that was the exact amount-eleven hundred." 66 It is

"Nothing can be farther from my intention, gentlemen, than to take advantage of so sad an occasion for the purpose of enjoying a petty triumph over a fallen adversary; for I most deeply sympathize with our unfortunate friend who has been the cause of this terrible disaster. but reasonable and humane to suppose that he was laboring under some extraordinary hallucination of intellect when he undertook to sustain his peculiar theory of Material Substances by shooting a fellow-being through the body with a ramrod. I have never known precisely such a case in the whole history of medical jurisprudence. Yet there are several examples on record somewhat analogous in their nature. The famous case of Barnes v. Boggs, 4th Howard, p. 6547, and Chap. VIII., verse 14, p. 972 of Coke upon Littleton-"

"-A fine of eleven hundred dollars, and suffer imprisonment for the term of two years—"

"Three, if your Honor please," said Mr. Podgers. "And likewise sentenced to suffer imprisonment for the term of three years'-such is the exact reading of the Reports.'

"Very well," said the Judge, "three years. It was long enough, at all events, to enable him to reflect upon his error, and become convinced that the human skull is not made of gutta-percha but of Porcelain-"

"French China," suggested Mr. Tompkins; "if I remember correctly, Boggs ever after con"If the Court please," said Mr. Tompkins, one tended that the skull, or rather cranium, is comof the legal gentlemen who had assisted in carry-posed of French China." ing the body of the unfortunate Fry into camp, "this case is recorded in Chap. X., 6th verse of Chitty upon Evidence-"

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Exactly," continued the Judge, "and a very remarkable case it is too. Barnes and Boggs were friends. One day, in the course of an argument, Boggs contended that the human skull was composed of gum-elastic—"

"Gutta-percha, if it please the Court," interrupted Mr. Podgers, the other legal gentleman who had rendered assistance in the present case.

"Terra-cotta is the material mentioned in the Reports," said Mr. Podgers; for I remember very well when the case was tried much discussion took place as to the meaning of the words. It was finally agreed that they signified baked or cooked earth."

"Precisely; you are right, Sir. And ever after contended that the human skull is not made of gutta-percha, but of terra-cotta or cooked earth; a doctrine which, however untenable in the present state of medical science, is, never

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