Wichita eagle., 1888-05-16

favorable 60 nv client All the Information
l could gain pointed to his guilt; stu was
satisfied Of his innocence.
What line of defense should adopt Tho
only feasible idea that crept into my head
was the impeachment Of Smith But howl
Rivals in courtshipi
Was there anything in this circumstances
worth working upi As have before stated,
l didn't like Smiths looks at all, but who
cared if didn't BE must be impeached-
that's all there was in that end Of it A
young mans life was at stake-probably a
pair of them, for If I failed to secure that
81. 900, had about made up my mind that
Texas soil would hide my carcass from view
soon after the adjournment of court.
The day arrived for the trial Court CON-
menced; the case was brought before the
grand jury, and true bill found against
Brown, as every one expected; and on the
third day of the session the case was taken
up in court, the house being crowded with
anxious spectators
The Indictment recited that, ION the night
of the 29th of February the defendant, John
Brown, did, by force and arms and with
malice aforethought, shoot, kill, murder and
assassinate one Reed, in the peace Of God and
the state" etc. A jury was soon impaneled,
and the examination of witnesses commenced
all of which was unimportant circumstan-
tial evidence, but all pointing to Browns
guilt. The state was relying principally
upon Smiths testimony, and he was placed
upon the stand
He took his place with more alacrity,
thought, than was becoming under the cir
cumstances, and determined to jerk some
of the conceit and self importance out Of him,
at any rate, before l turned him loose
After the usual preliminary questions alb
ruptly asked:
Now, sir, where were you on the night In
question:
Hesitating moment. he answered: "At
Squire JONES'"
"What were you doing there?" was my
next query.
Guess that's my business" he fippantly
answered
"Guess it's mine. too retorted. "What
were you doing thereF'
81 decline to answeri" he insolently re-
turned
deliberately appealed to the bench. His
honor, who had apparently gone to sleep
thinking, suppose that the case was too dead
against my client to require any watchful-
ness on his par-opened the eye next to the
witness and stormed out:
ANSWER the question"
Thus Enthusiastically urged, Smith answered:
81 was paying visit to the 'squireIs
daughterp'
"Ahl you were. ehf Who else was thereG'
1.-THE family, Of course"
''No doubt Who elser'
81 will not answer" and the witness began
to show signs of restlessness.
arose to my feet "If your honor please,
if the defendants life is to be trihed with
in this manner, | shall make a motion to
uuash the Indictment without further pro-
ceedings"
This inpertinent little speech had the effect
to open both eyes of the court and his mouth
at the same time.
''lf the witness hesitates to answer another
question propounded by the counsel, I'll
have him sent to Jail SO quick it will give him
collie"
"Who else was thereP' again asked.
"John Brownr'
.sThe defendant hereT'
Certainly"
"Are you both addressing the young lady
In question:
SO.
"Are you on good terms with each others"
1--WE are"
"Who left the house first7"
t'He did"
allow long before you left"
"About fifteen minutes"
"And you say you saw the defendant shoot
the peddlerT
~ certainly did" very promptly and de-
cidedly
"What time was itT'
ABOUT 10 o'clock"
care you owl eyed that you can so plainly
distinguish objects in the darks'
"Oh. the moon was shining very bright"
he triumphantly answered
"Ahl that explains it." said, taking an
almanac from my pocket. A glance at the
moons phases" for that month-which I
had not taken the trouble to examine before.
and which did now because didn't know
what else to do-revealed to me the astound-
ing fact that the moon changed on the 2Sth
of that month, consequently couldn't shine
on the Goth.
Turning to the witness said: 'T see here
the moon changed on the 2Sth, and you must
have been in another country to see it at 10
O'Clock on the 29thl"
Smith was as speeches. as cold potato;
the judge grunted; the solicitor looked wild.
didn't press the point That was impeach-
ment No. l: but had more for him
Now. sir, what year is thisr'
1850, of course" be answered
ais it leap Year,
"N-no [ believe not "
'Then February this year had but twenty
eight days, if l am not mistaken! Hows
thatF'
The witness looked like he was about to be
scalped. and was utterly unable to speak.
Lie No q But still had another shot.
What are your initials, Mr.. SMITH"
"W. c." he faltered
ais this your documentr asked, produo-
ing pistol which had gotten possession Of,
and which had been found near the body OF
the murdered man.
81 guess not-I have no pistol" be STAN
mered.
"No, but you did have This one has the
letters w. C. s. plainly marked on itI"
"Humphr' grunted his honor. while the
witness ev1nced unmistakable symptoms of
fainting
This was the third evidence for impeach-
ment, and l felt such conmiseration for the
fellow that would not pursue him further.
"If your honor please" l said, you see the
witness has systematically perjured himself
from beginning to end, and l viii rest my
case here without argument"
May it please your honor, blubbered the
states attorney, there is fatal error IN
the indictment, and"-
yes" howled the judge, "there appears
10 be fatality mixed with the whole business,
.nd we decline to hear from you, Mr..
Solicitor What says the jury. without
charged"
Not e,ffltyr" was the immediate and