Wichita eagle., 1886-10-01

poker. Some noisy drinker might disturb tie
calm for a moment, and when the hustle died
away i~ the night as he wandered to some
other saloon, tho endless clicking of chips,
which went on day and night tho year
through: became audible again. And SO the
long night wore away.
just rs the morning sun painted the hill
tops in molten gold against the flmy haze of
the western sky, and the lights in the saloons,
pale and sickly in the coming dawn, flally
1ickered out. Jim raised his head and asked
for drink. His problem was solved.
At that moment q miner, leisurcly walking
up the gulch to his shack, after nights hard
luck at high ball poker, stopped and listened
to half suppressed we'll which aroso from
the shadowy rocks below
~ can't get him out!-I must get him; must
i must! Poor Ma,ia-if we could only get
back to Missoury! How-oh God, tel me
how! Tell me what to do"
Poor devil, it's Jim's brother" and the
miner continued his slow climbing.
Among the most grotesque episodes Of from
tier life are its legal proceedings. The re-
ligions regard for hollow form implanted in
the ignorant breast, conflicting with an
equally sincere intolerance OF restraint
creates endless incongruitics; hence Jirl's
all.
/ Early i'll the morning the prisoner called for
his brother. When thai worthy arrived the
amateur jailer left them alone, stopping only
I long enough to hear Jim's salutation:
"Waal, old man, recon it looks to you as
! if l he'd run aSin four aces, don't it!"
An hour later, when the guard stuck his
! head in and called "time!o he heard Jim's
1 r,,..iper in; ;nnctiop.
Think OF Maria, OF man. She would like
| for you to do it,"
"See yer" broke in the jailer. "don't yer go
! to ringing no female in OF this deal 1t won't
1 60"
At the examination that morning man
who had acted as constable in the states, and
as such was supposed to have sounded the
depths of legal lore, presided. The proceed
ings were erratic and uncertain, but vigorous.
| Gold Dollar related with much circumlocu-
ton how on dropping into Jim's shack, he
had discovered him kneeling over cavity in
the earth, under his bed, which contained the
stolen property; that he acted in a very sus-
picious manner, and failed to account salts
factorily for his compromising situation. He
supplemented his testimony with several
opinions, which were unobiected to and car
ried all the weight Of fact, ore Of which was
that Jin had robbed himself On both occa-
sions to divert suspicion. The prosecution
rested after large part Of the property had
been identified, and there was a strong in-
clnation among the boys to go out and hang
him at once.
"Chip in, Jim, il you want to take hand"
remarked the Judge
Up to this moment he had shown little ul:-
easiness, but shade of worry now crossed his
face IS, peerinS among those assembled, he
was unable to discover his brother. Finally
catching glimpse of the blank, owlish face
On the outskirts, his nervousness left him, and
settling back on the keg which formed his
seat, q preinonitofy glearn of triumph Lit his
Geld, milky eyes. So when the Judge" asked
for his defense he indifferently remarked, mo-
tioning toward his brother:
Gail him"
The prcliminaiies over, the Judge" who
usurpod Tie Office Of prosecutor, asked the
witness what 10 linew CT the stealing.
Jim didn't 90 IT," he hesitatingly ven
tured
This called for o rear of derision, which en-
barrassed tic speaker. You have seen boy
with a hcls learned lesson, who, upon being
called upon 10 rcc:te, half coveTtiy turns and
appeals to q ciass1na.e for help. just so the
witness looked ct the prisoner The latter
leaned over VIA a Slight look Of anxiety. Ho
whispered:
Maria"
The witness beard end .tTcned up. Ths
prisoner brcathed easier again.
"Ef Jim didn't DO i, who did!" said the
court, with the air Of ono putting a poser.
The man lesitatel and cast sudden glance
at LIS brother The glitter in the stecly eyes
was reInorsc,esa IN the same listless, imper-
soaal manner .g!lit,l characterized all his an
swcrs, he dropped two words:
~ did"
YOU ,.crried oacry cuss.' remarked the
judge us yell went up from the boys. Sew
cral deTrin.ers were drawn. Here and there
bowie cleaned Ike the fengs Of wolf.
"Pious hioseS' drew from the bosom Of Lis
Shirt a hair laliat, which he he'd bought for
emergencies. a:v! was promptly fined for con
tempt, for thereby insinuat!ng that the court
was unable to 90 its o"n hanging.
When the excitement slGsidod the remain
der OF ti,o legal proceedings we're put with
rush Jim was eXonolated by his brothers
testimony from al completely III or knowledge
Of the crimes.
IS i;liri1tcsi, i-olits, az the opening of
i.ie -c.,lo - / the cell on the facts to prove
va; 1.3 wor,,n' pocket remarked that
! -i.,s-, Hh9. released and smiling, stepped
dom az. :..;xcd with tie auditors; bu: net a
wc.i IN Ire brother who took his place. The
newly maae prisoner looked after hin with
Il hopeless, ye2rning, hungry stare as be edged
his way cut, and then relapSed into q state Of
apparent Indifference. The two TeE never
again saw each other.
Tho boys adjourned to "Lucrcesh's' TO
drink on the money "pious Moses" had turned
into the court TO purge himself of contempt,
and there they magnaHimously resolved, in
considerations Of the handsome way in which
JimS brother had come to the scratch and
acknowledged his guilt, to let "tenderioot
law" take its course.
Before the few days had passed which in
tervened between the trial and the time when
the prisoner was sent to an eastern peniter-
tiary, Jim left Flat Broke forever and with
out saying good-by to his brother
Swiftly to the happy, but ,agging steps to
the miserable and loppressed, do the years so
by; and when Jim's brother became weary
and sick in counting the days before he might
regain liberty and Jim and Maria, he fell into
a state OF inScnsibility as to the passage of
time The seasons came and went without
bis appearing to notice, and he took an inter-
est in life only when dessltory mail brought
an i'll spelled, siSterly letter from Maria.
Ono day in early spring the warden re-
ceived telegram which he perused with
more than usual interest.
Tell I93,n said he to a turnkey, "that his
brother was shot at Miles City a few weeks
ego. and that before he went of be confessed
70 the oiFense 1893 is doing time for. Give him
the liberty Of the grounds tin his pardon
comes Ii ought to be here tomorrow"
The turnkey departed regre:fully.
In few minutes he returned with an ex-
preston on which indicated that an eager.
ness to tell bit of news WAS struggling with
official dignity and assumed indifference for
right Of way The warden was writing and