The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-12-09

there was anv one disposed to cayil"
"Mr. Speaker" said George Washington,
rising and standing in the attitude of Webster,
IL rises to appoint to order. Wetook ballast
In de prior cases, and why make flesh of one
man an fowl of anotheT!'
sharply. "I he longest way round Is the
shortest way home.'"
Twelve slips of paper were handed out, to
be Endorsed guilty, for FORM" They were
collected in q hat and the foreman told them
over" just for FORM" "'Guilty,' guilty,
here is mistake. Here If one mot guilty
"whose is thisl''
There was pause.
"Whose is it," said the foreman, sharply.
Eli turned little red.
''It's mine," he said.
'sDo you mean it," said the foreman.
sOf course l mean it." ne answered.
"WhewE" whistled The foreman. Very
well sir; we'll have an understanding, then,
This case is proved to the satisfaction of every
man who heard it, may safely say, but one.
Will that one please state the grounds of his
opinionp'
81 amt no talker," said Eli, shut amt sat-
isfed he's guilty-that's an.''
"Don't you believe the Witnessed"
'Mostly."
"Whic6 one don't you believeln
81 can't say. don't believe he's guilty"
''Is there one that you think lied!'
No answer.
man.
zone thing at time, gentleman" said the
foreman. "Let US wait for an answer from
Mr.. Smith. Is there any one that you think
lieda We will wait, gentlemen, for an an
swer."
There was long pause. The trial seemed
to Eli Smith to have shifted from the court
IN this shahhv rom and no w nOv the cn1-
prit.
All waited for him, all eyes were fixed upon
him.
The clock licked loud! Eli counted the sec
onds. He knew the determination of the
foreman.
The silence became intense
81 want to say my saw" said a short man in
. pea-jacket-a retired San Francisco pilot,
named Eldridge. 81 entertain no doubt the
man is guilty. At the same time l allow for
differences of opinion. don't know this man
that's voted mot guilty. but he seems to be q
probably he don't understand the case.
should like to have the foreman tell the evil
dence over, so as if he don't see it clear he can
ask questions and We can explain"
II second de notion" said George Wash
ington.
There was general rustic of approval,
every well, Mr.. Eldridge," said the fore
man. 'sn there is no objection, will state
the evidence, and if there is any loop-hole, /
will trouble Mr.. Smith to suggest it as 60
along" and he proceeded to give summary
Of the testimony, with homely force.
'sNow, sir!" he said, when he had finished.
II move for another ballot" said Mr.. FL
bridge.
The result was the same. Eli had voted
s'not guilty."
s'Mr. smith," said the foreman, "this must
be settled in some way. This is no child's
play. You can't keep eleven men here,
trifing with them, giving no pretence of q
reasOn,h
81 haven't any reasons, only that don't be-
lieve he's guilty." said Eli. "I'm not goin' to
vote a man into states-prison, when don't
believe he done it." and he rose and walked
to the window, and looked out. It was low
tide. There was broad stretch of mud in
the distance covered with boats lying over
the streets. He beat upon the rain. dashed
glass q moment with his fingers, and then he
sat down again.
"Well, sir" said the foreman, ''this is sim
gular conduct. What do you propose to ooa"
Silence.
81 suppose you realize that the rest of us
a. are pretty rapidly TO forming conclusion on
"Comei comep' said Mr.. Eldridge; "don't
be quite 80 hard on him, Captain. Now, Mr..
Smith," he said, standing up with his hands
in his coat-pockets, and looking at Ell, i've
know that there often is crooked sticks on
juries, that hold out alone-that's to be ex-
the rest are fools, and all that. Now, all is,we
don't see why you don't sort of argue, If you've
got reasons satisfactory to you. Come, now"
be added, walking up to Eli, and resting one
foot on the seat Of his chair, "why don't you
tell it over! and If we're wrong, Pm ready to
join you"
"Didn't you ever know, he said, "of mans
takin' a cat of, to lose, that his little girl
didn't want drownded, and leavin' him ashore,
twenty or thirty miles, Decline, from home,
and that cats bein' back again the next day,
purrin' round g if nothin' had happened2'
YES" said Mr.. Eldridge-"knew Of just
Every well,,' said Eli; show does he find
his way homel''
Don't know" said Mr.. Eldridge; "always
has been standing mystery to me-"
SWELL" said Eli, ''mark my words. There's
such thing as arguin', and there's such q
thing as KNOWN outright; and when you'll
tell me how that cat inquiries his way home.
guilty."
This made a certain sensation, and Els
stock went up.
Then the foreman, when nobody seemed
disposed to move, speaking slowly, at first,
and piecemeal, alternating language with
smoke, gradually edged into the current of
the evidence, and ended by going all over It
again, with fresh force and point His cigar
glowed and chilled in the darkening room -
he talked.
"Now," he said when he had drawn all
the threads together to the point of guilt,
"what are We going to do upon this evil
dence!"
"I'n tell you something" said Eli. 81
didn't want to say it because know what
you'll all think, but III tell you, all the same"
"Ah!" said the foreman.
Eli stood up and faced the others.
"'Most all o. you know what our Bar is in
southeast gale. They amt q men here that
'uld dare to try and cross it when the seas
breakin' on it The man that says he would,
lies" And he looked at the foreman. and
waited q moment.
When my wife took sick, and stopped
goin' to sea, two years ago, and took up boat
fshin', didn't know half as much about the
coast IS the young boys do, and one afternoon
it was blowin' gale, and we was all hands
comm in and passin' along the Bar to 60
sheer round it to the west'ard, and Captain
Fred Cook-he's shortsighted- on 70 the
Bar before he knew ii, and then he had to 60
ahead, whether or no, and I was right after
him, and s'posed he knew, and followed
him. Well, he was foated over, as luck was,
all right; but when I'd just got On the Bar .
roller dropped back and let my bowsprit down
into the aanG and then come nm nufcker,n