The Red Cloud chief., 1889-06-28

ice or ANYBODY having my authority to per
form the ceremony would dare % do %, for
no one could prove me 70 be . whoever.
Here 10 . eontF1diction which viii noe
escape FOUR wisdom / beg Of you, there.
fore, to send me promptly about my bust
ness and go back to your own
This discourse "a exceedingly SwkwHd;
Il VA full Of . euntempoous condensation
for the institution Of the jury, . contempt
which the accused would have done better
% dissilnulAte. The pabiic prosecutor prof
lied BY this mistake: he TOOK good care TO
emphasize it in his reply to the jury. which
was . forciole resume Of all the testimony
and An earnest appeal 70 the juryuen not 70
be led astray By any idea that the defendant
was not IN his right mind
W by" he said Is it that awe1lthy man
should deliberately refuse to employ coun-
sci IN his defense, whose whole course has
been contrary 70 would be taken by
most sensible meni Why has he done sol
Because the weight Of evidence is 50 ire
mendous that he knows there is no escape
from it, but bus only chance for Life, which
he, as AL men, holds dear, is 70 convey the
impression that he il insane; bu. Up TO this
time there has been nothing IN the career Of
b defendant which has led any one to sup
pose that As mind was not ss well balanced
- that Of any other member Of this COM
munity."
The jury finally retired about four O'Clock
in the afternoon What were the c,ccum-
stances that had most weight upon their
minds, and wha: WAS the course Of their de-
Hberations it would be manifescly improper
and. - . fact, impossible to say. The
secrets Of the jury-room are kept profound
~ sacred IN almost AL cases Il was Ger.
tainly q IN this. The aadience in the court
room remained for nearly two hours with
out stirring except TO indulge in converse
ton When il WAS nearly SIX O'Clock word
wa sent in from the jury-roon TO request
instruction from the court upon . point rela-
tive 70 the value Of cIrcumstantial evidence
and the evidence Of the relatives Of the de-
ceased When the instruction that had
been asked for had been givea there was
another wait, and after the room had grown
dark q the jauitor had lighted the gas.
many OF the spectators went out n after
another, believing that the verdict would
no: be reached that night The more they
waited the more certain II seemed thai .
disagreement would be the result And
yet when the jury first went OUT it was the
universal opinion that . verdict Of guilty
would be recorded. At halfpass eight Q
few loungers n the courtroom were
startled from their ennui ny the appearance
OF the court ccier. VINO cane n 70 announce
that the jury were ready to return The
Judge. who had been chatting IN the con-
sultIng roou with several lawyers, returned
20 his place on the bench and il three min
utes the courtroom was crowded again 70
its utmost capacity. Not many Of the fash
ioraoie people who had been there during
the trial were present. bit their absence
was more than made up by others WHO had
struggled in vain for an opportunity 70 hear
the testimony. The defendant was brought
IN from room down stairs where he bad
been waiting alone n was placed xgzIn q
the bar. b Jurvmen fled IN. led by n
oncer OF the court and ooktheIr places up
On the bench
NJ. B-ownlow looked At their faces in
tenrly IS they passed. but n none Of them
could he discern . hint Of VIVA: was to cone.
hen al had been seated and the roll had
been called. the clerk proceeded 70 put the
formal questions: "Gen.leneh, nave you
agreed upon . verdict in the case Of the de- |
PENDANT q: the barr
We have answered the foreman.
"Geutlemen. what say YOU, i the de-
guilty or not guilty."
The fo-eman's face WAS grave and steady
as he responded: Guilty, As CHARGED in
the Indictment |
There Wa . slight rustic in the cour.-
room IS al eyes were turned upon Mr..
BE did not move . muscle, but
curiuusly from a face 20 the other
n the jury box, IS if wondering what class
and manner Of nen they could be who could
arrive AZ such adecision upon the facts as
presented in the trial There was a slight
pause before the proceedings were resumed
hen they were the clerk said: "Gustave
stand up
When the prisoner had risen to his fee.
these questions followed:
What IS your age"
"ThIrry-one-"
"Your place Of resiiencer,
NO Fifth avenue
What Is your occupationr
Mr.. B-owulow paused for . moment
hen he responded: II have no business
At.er tha, he was permitted to sit down
again. but In . moment more the Judge,
xho had been sitting with his eyes upo the
,eiiing and Q most distracted expression
Ipou his face, ordered him ouce more to
stand.
Prisoner said the court "you have
,eeu accused Of the most inc Of crimes
Il winch II = possible % accuse any Citizen.
IoU have had every opportunity to present
our side Of the case IN il most favorable
ighc- That you have deliberately refused
o do 80 can y no weight with this court
q passing sentence for the crime Of which
-ou have Just been convicted Il Is noc for
s 70 act As your defender, Oh to -extenuase
ne circumstances Of the crime. It Is our
art only 70 execute the orders Of the law.
nd IN 50 doing 1 Am obliged 70 consider
this jury before whom you have been
ned Is fully competent As l believe il was.
o determine with accuracy and justice the
Of this terrible matter. The crime Of
rhich you Lave been convicted IS one tha,
An not be palliased uy IN circumstances.
I can no: therefore permit either mercy
r any other consideration 70 modify in ANY
the penalty which the law provides
Eurder. Nevertheless, I give you one
lore opportunity % say # you have any
eason 70 o1er why sentence Of death should
OF be passed upon you ID
Mr.. Brownlow looked .: the court for Q I
loneat steadily and then said: II nave
My this to say, thas the result Of thij trial /.
the most severe condemnation that could 4
ossioly be made Of the jury system" Z
Prisoner said The Judge, ssefuiy.
IheA he NV thst Mr.. Bruwnlow had moth {
=