Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-08-21

mercy of his captors, was as cool and collect
ed as if he was seated behind his gambling
table, shufling cards for lot of greenhorns
He would sneeringly address those who were
crying out for his life, and say:
"You dern fools are wastin' of yer breths
Yer can't hang me. faint in the cards.
wasn't born to be hung. So 'taint no use tc
make a fuss about sich little matter, anc
you'd be making money if you'd stop bother
! in me-"
"What makes you think there is no danger
of our hanging you p asked one of those who
had been stationed as guard over the prisoner
"Causc, when was born'd the stars showed
signs that was to be drowned"
"May be the stars will fail"
"Thcy can't. They have shown in the
heavens ever since the creation, and will re-
main there until the end of time; so It's i'm
possible for them to fail"
"We'll see about it after while"
The question of how the prisoner should be
tried was difficult one to settle. There was
no regularly instituted court nearer than Ma
rysville, and to send him there and await the
laws delays would cost too much money, oc'
cupy too much time, and be certain to result
in the prisoners escaping merited punishment
After the subject had been thoroughly can
vasscd in all its bearings, it was decided tc
organize court, and have the trial take place
Immediately. Gabe Husker was chosen judge
another miner sheriff, jury was then selected
to try the prisoner, and sworn by the judge to
perform their duties to the best of their abili'
ties. A person who had witnessed the shoot
ing volunteered to act as prosecuting attorney
and gambler who had been friend Of the
prisoner was sent for to appear and conduct
the defense.
In response to the summons the latter en-
| tered the room where the court was being
held, and seated himself beside the prisoner
His eyes no sooner rested on the faces of those
chosen Jurors than he felt that the fate Of his
client was decided, and though he labored
ever so hard he would be unable to accomplish
anything.
The preliminaries having been arranged
Judge Husker took seat upon the table, and
directed the sheriff to declare the court open
for business.
"Oh! yes oh ! yes. All ye are hereby no.
tilted that this court is now opened for the
trial of David Chadwick for the high crime
of murder. All assembled will take notice.
and govern themselves accordingly" cried the
sheriff.
A few moments of confusion followed this
announcement, during which the crowd en-
deavored to secure seats or favorable positions
from which to observe the proceedings. ST.
lence having been secured, the judge said:
"This 'ere honorable court is now open fol
the trial of person accused Of the murder Of
human being. I find myself in a peculiar
situation, and must own that have some mis-
givings of my ability to discharge the duties
of that position. But I'll try my level best
to be eq ual to the occasion. We are away
up here in the mountains whar we haint got
no Calforny law, therefore propose to put
it to vote whether we shall try the prisoner
by lynch law or Missoury law. hold in my
hand copy of the constitution and bylaws
of the State of Missoury, which are good enough
law for me- and ought to be good enough for
any one. 1t will look better abroad eff we try
the prisoner by real law than by lynch law
consequently I'm in favor Of usin' Nissoury
law on this trial; but having been elected
Judge by you, shall be governed entirely by
your decision"
"Your head is level, you bet, judge" cried
one Of the spectators.
"Now, all that il in favor of trying the
prisoner by Mssoury law, say yes," continued
his honor.
A tremendous Eyes" went up from the
throats of the assembled multitude, the pris.
oner voting in the affirmative, and saying
Il like Missoury law better than lynch law,
| cause you see real law has a restrainin' inhu-
ence onto the jurors"
"You have decided that this trial shall be
governed by real law" continued the court
II think it would be doin' the neat thing et
some one would heft up prayer as a sort O
starter Eff any Of you have had experience
in that way, / hope you won't be backward
about volunteerin'. Tom Rayburn, yer faith
er was an old prayer fighter; can't you give
us q heft ?"
"No, thank you, Judge; the old man con-
sumed all the prayer that was in our family,
and didn't leave any for his boys"
"Bill Gillian, you used to tend meetin' be-
fore you come to Californy, what do you
say?"
"Raly, Gobe, yer honor, eff yer please,
don't feel ekal to the work"
After calling upon several others with like
results, Gabe knelt down and offered up fer
vent but homely petition to the Throne OF
Grace for guidance during the trial. He
prayed that the hearts of the jurors might be
softened toward the accused, so Tthat they
might judge the prisoner rightly. He plead
ed for courage to perform the disagreeable
duty that had been imposed on him, and closed
with an appeal for mercy for him whose hands
were yet warm with the blood OF fellow
being.
81 say, Judge, let's have something to drink
afore we 90 any furder with this ere show,
said the prisoner; "that long prayer of your'n
has made me feel as dry as tinder box"
"Well, 1 don't keer eff do take little
tarantaler juice, just to make things run
smooth" replied the court.
The sheriff. without waiting for orders,
fastened to fetch the liquors and some glasses
from the bar. His honor and the prisoner
took drink together, the latter saying:
81 drink to the success of your show now
20 ahead and get through with this dern non
sense want to get back to my game"
ThesheriH was going to remove the bottle,
when his honor stopped him, saying, "This
ere will probably be trying work, and l guess
you had better leave the ticker may want
some more of it.
The trial was then commenced and conduct
ed with perfect fairness, number of witness
es testifying to the shooting in fact, the pris:
oner himself declared to the jury that he had
killed the miner, and gave as a reason fol-
having done 50, that he had fooled everybody
by putting on women's clothing, exciting their
curiosity, and swindling those engaged in the
race For his mart he thnupht "anY deru