The McCook tribune. (McCook, Neb.) 1886-1936, 1889-05-24
A MISSISSIPPI DOGBERRY.
-Roxbury Advocate.

This Court Was Almost as Intellig emit as q Cor.
one?'s jury.
Fifty years ago there was in Mis-
sissippi a justice of the peace who
needed no clerk to write him down
an ass. He attended to that cleri-
cal duty himself. His district was
interior and remote from the center
of intelligence. 1t was away in the
wild woods. No lawyers, dwelt in
those parts, and the prevalent idea
of justice and the modes of executing
it were primitive and somwhat ar
bitrary. There were no railroads,
t~elegraphs, OF rapid mails to spread
enlightenment in those palmy days.
A man in the neighborhood ofthis,
our modern Dogberry, had the mis-
fortune to take the life of a fellow
man, and the functionary had been
brought up for trial. He examined
the witnesses on both sides made up
his mind that the homicide was I'M
justifable, and condemned the pris-
oner to be hanged by the neck until
dead, dead, dead. The sentence al
lowed the man but a few days more
of life, and the condemned begged
for a little more time. He told the
court tearfully that his crop was
about ready to be harvested, and he
hoped that for the sake of his wife
and children his honor would spare
his life until that duty could be per-
formed. 1t was the last service he
should ever render to those nearest
and dearest to him. Friends inter-
coded and the judge relented. He
granted the doomed man a respite of
thirty days, and discharged him on
his own recognizance, after exacting
solemn pledge that he would appear
promptly On the day appointed and
be hanged.
A political campaign was in
progress that fall. Gov. Mathews, a
celebrated stumper, was in the field,
and happened to have an appoint
ment at the time and place fixed up
on for the execution. While he was
chatting with a group OF rustic ad-
herents a wagon drawn by two
oxen was eel slowly approaching.
AS it drew nearer it was seen to be
occupied by a man, a woman and
several children. They were all weep
ing bitterly, and the wife clung to
the husbands neck. The latter was
pale and haggard. He stopped his
wagon as a bystander Che was the
iustice) called out:
$50 you've kept your word, Char
lie?"
eyes" said the condemned man
with a deep sob, 81 am a man of my
word; I'm ready to die" At this the
walls of his wife and little ones be-
came heartrending.
"Why what is all this?" said Gov.
Matthews.
Its ahanging some one answered.
"But is it all regular?' asked the
Governor, who is a good criminal
lawyer.
ooh, yes, it's all right. ledge
Smith knows what he's about"
Who's Judge Smith,"
"He's our jestis of the peace"
"And did he try this mani" said
Mathews, becoming very much in
terested in the proceedings. But he
could get no attention, for the pro-
cession was now forming to take the
prisoner to the place Of execution.
The Governor followed along, half
dazed at the remarkable procedure,
and half believing it was all a practi-
cal joke. But it was all in dead
earnest. Agallows had been erected,
and when the place was reached the
prisoner was made to stand up, and
the justice, assisted by his nervous
constable, tied his hands behind his
back, bandaged his eyes, and was
beginning to adjust the moose, when
Gov. Mathews called in a low voice:
"Hold on there, Mr.. Justice. Will
you listen to me a moment?"
"Well what is it, Gov'ner?"
"What is the mans crime?"
"Killin' another man."
"How was he tried?"
II tried him and sentenced him to
die. He's guilty, Gov'ner. It's all
right"
"But it's not all right" answered
Mathews. "It's all wrong. Don't
you know that a grand jury must in
dict a man before he can be tried for
homicide? Don't you know he can
only be tried in the circuit court?
Don't you know that you can only
send him to Jail, or bind him over to
await the action of the grand jury?
Don't you know that if you take
this mans life you will be indicted
for murder YOURSELF"
"Is that SO. Gov'ner?" said the
justice, as soon as he could recover
breath. And as slowly and sheep
ishly turned the prisoner loose, while
the tears and agitation of the as
sembled citizens changed to uproar-
ious laughter. Texas Siftings.