The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1888-08-07

| long TO Marso Wash Jones daddy sot up hat
shop in de neighborhoods. l dunner how
Marse Wash git dat LAM sub; L know il
| b'longded in de Flewelen family sence way
back, en- dey got DER graveyard dar yit."
| Lawyer Terrelrs unusually stern face soft
| ened little. lie saw that Ananias was ir
earnest, and his sympathies were aroused. He
| had some further conversation with the negro
| questioning him i'll regard to great many
things that assumed Importance in the trial.
When Lawyer Terrell and his client re-
turned to the courtroom they found. it filed
with spectators. Somehow it became gener
ally known that the great advocate was to de-
fend Ananias, and a large crowd of people had
assembled to watch developments. In some
way the progress of Ananias and the deputy
sheriff through the crowd that filled all the
alsles and doorways had been delayed but
when the negro, forlorn and notwithstanding,
made his appearance i'll the bar for the purpose
of taking a seat by his counsel there was a
general laugh Instantly Lawyer Terrell was
upon his feet.
MAY it please your honor, what is the duty
OF the sheriff of this county if it is not to keep
order ill this courtroom"
Tho ponderous staff of the sheriff camo down
on the floor with thump; but it was unnec.
sary Silence had falleen on the spectators
with the first words of the lawyer. The crowd
knewthat he was game man, and they adj
mired him for it. His whole attitude, as he
gazed at the people around him, showed that
he was full OF fight. His heavy blond hair.
swept back from his high forehead, looked
like the name of lion and his steel gray eyes
glttered under his shaggy and irowning brows.
The case of the State versus Ananias Flew
ellen, alias Ananias Harper-a name he had
taken since ireedom-waS called in due form.
1t was observed that Lawyer Terrell was very
particular to strike certain names from the
jury list but this gave no cue to the line of
his defense. The first witness was Mr. WASH
ton Jones, who detailed the circumstances of
the various robberies of which he had been
tho victim as well as he knew how. lie had
suspected Ananlas but had not made his sus-
pcions known until he was sure-until he had
caught him stealing sweet potatoes.
The cross-examnation OF the witness by An
anas's counsel was severe. The fact w a
gradually developed that Mr.. Jones caug h
the negro stealing potatoes at night, that the
night was dark and cloudy; that he did not
actually catch the negro, bnt saw him that
he did not really see the negro clearly, but
knew Sin reason that 1t must be Auanias.
The fact was also developed that Mr. Jones
was not alone when he saw Ananias, but was
accompanied by Mr.. Miles Cottingham, O
small farmer in the neiehborhood, who was
well known all over the county as man OF
undoubted veracity aud of the strctest integ-
rity.
Al this point Lawyer Terrell, who had been
facing Mr.. Jones with severity painted on his
countenance, seemed suddenly to recover his
temper. He turned TO the listening crowd
Cottingham in the room?"
There was q pause, and then a small hoy
perched in one Of the windows, through which
the sun was streaming, cried out. Hes a
standin' out yander by the hoise-rack.'
Whereupon subpoena was promptly made
ont by NE clerk Of tlesonrt and the deputy
sheriff, putting his hetsd out q D window
cried
"Aliles g. Cottingham Miles G. Getting
ham! Miles q. Cottinghaml Como into
court"
Mr.. Cottingham was fat, rosy and cheerful
He came into courl with such a dubious smile
on his face that his friends in the room were
disposed TO laugh, but they remembered that
lawyer Terrell was somewhat intolerant of
these manifestations of good hlmor. AS for
Mr.. Cottingham himself, he was greatly
puzzled. When the voice of the court
erier reached his ears he was in the act Of tax
ing dram, and, ms he said afterward, he "come
mighty nigh drappin' the tumbIer." But he
was not subjected TO any such modification
He tossed off his dram in fine style, and went
to the courthouse, where, as soon as he had
pushed his way to the front, he was met by
Lawyer Terrell, who shook him heartily by
the hand, and told him his testimony was
needed in order that justice might be done
Then Mr.. Cottingham was put on the stand
as o witness for the defense.
Glow old are you, Mr. Cottingham?" said
Lawyer Terrell.
"Ef make no mistakes, Tn a-gwine on
care your eyes good?"
"Well, sir, they or about ez good ez the com
mon run not SO good es they mought be, en-
yit good enough fer me"
odd you ever sec that negro before?" The
lawyer pointed to Ananias.
(Which niger? That un over there? Why,
that's thsh yer God-forsakn' Ananias. Ef il
had a-bin any yuthcr Niger but Ananias
wouldn't a-bn so certain and Shore bekaze
sence the war they er all SO mighty nigh alike
4 - snll tallrr
eckeceppin' OF Ananias; I'd know Ananias Of
! met i'm in kingdom come wi his hair all
swinied off,
The jury betrayed symptoms Of enjoying
this testimony; seeing which the states attor-
ney rose to his feet to protest
"May it please the court"
zone moment, your honor" exclaimed
Lawyer Terrell. Then, turning TO the witness
MIR Cotlingham, were you with Mr.. Jones
when he was watching to catch a thief who
had been stealing from himY'
We'll. SIR replied Mr.. Cottnghain, IT sot
up wi him one night, but | disrenember IN
pertickler what night it wuz."
"Did you see the theft"
"Well sir, said Mr.. Cottngham, in his de-
liberate way, looking around over tic court
room with a more judicial air than the Judge
on the bench, "ef you push me close I'll tell
you. The wuZ considerable hutterment in
the neighborhood or whar we sot, an me an
Wash done some mighty Sly slppin' up On
did't see I'M. We heerd lin scnllin' an a
runnin', but VIC didn't ketch glimpse un i'm,
nuther har ner hide"
"Did Mr.. Jones see him2"
"No moTen did. ! wuZ right at Wash 3
elbow. We heerd the yliyuu a-runnin, but
we never seed i'm, Afterwards when VIC got
back ter the house, Wash he lowed 1t must "a
bin that Niger Ananias thar an | lowed it
jess mought en- well be Ananas On any yuther
niger, bekaZe you know yourself 81"
"That will do. MIR. Cottingham," said Law
yer Terrell, blandly. The states attorney I'M
dcrtoOk To crosS-eXamine Mr.. Cottingham, but
lac WAS a blundering man, aud the result OF his
cros5-examination was simply stronger and
more impressive repetition Of BIr CottiHgham's
testimony
After this the solicitor was willing 10 submit
the case 70 the jury without argument, but Mr..
Terrell said that II II pleased tie court lao had
a few words 10 say 10 the jury in behalf Of his
client The speech made by the states attor-
ney was fat and stale. lie was not Interested
in tho case but Lawyer Terrell appeal 10 the
jury is still remenbered IN Rockville. II was
not only powerful, but iuimiiable; it was hui
morOus, pathetic and eloquent. When he
concluded the jury, which was composed
mostly Of mddlc-aged men, was IN tears. The
feelings Of tie spectators were also wrought up
20 very high pitch, and when tho
jury found n verdict Of mot guilty."
without retiring tho people In the
courtroom made the old house ring again
,.ftf I.