Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1890-04-12


case has no evidence to offer, excepting
the feeble child that has been beaten by
the prosecuting witness"
Here he led the boy forward and
seated him at his side, In front of the
jury. The boy was even smaller than his
years OF delicate physique, and showed
In his pinched face traces of suffering
and privation-the look of neglected
orphanhood in poverty.
The case was closed. Counsel for
the State said that In submitting it to
the jury he had only to say that as there
was no defense, the jury could do moth
ing but return verdict of guilty.
Rivers knew that every technical rule
of law was against his client, and that
there was no legal defense to the States
case; but at the same time he knew
every man on that jury, and all their
domestic relations. He knew that the
Oldest juryman, the foreman, had mar
ried late in life, aud had two children,
twin boys Just the age of the little or
phan, to whom he was passionately de-
voted. He knew, too, that he had been
fellow soldier In the Revolutionary
Army of Texas, with the father of the
boy that had been the victim of How
ARDS brutality. Making no preliminary
references to these facts, however,
Rivers said:
Gentlemen of the iury-the State of
Texas has presented her evidence and
stated her case, and rise now to speak
for the defendant, Claib Herbert, your
fellow citizen, and your neighbor, your
friend and mine, ard the friend of all
who need friend, and upon whose ear
the orphans cry never falls in vain.
The only evidence I have to offer on his
behalf is the pale face, the fearful eye,'
and the frail, bruised form of the or
phan that sits at my side, the child
whose heroic father shared with some
of you in days now gone the hardships'
of the camp and the dangers of the bat
tie. He was at San Jacinto when the
star of the young republic rose trium-
plant above the historic field, and with
him, you, Mr.. Foreman, participated in
the undying glories of that eventful
day. And when peace came you began,
side by side, as neighbors and friends,
the battle of hardships and poverty, in
the new land that you had aided in rescuy
ing from the hand of the spoiler. That
battle you have fought well, Mr.. Fore
man, and are still spared to your CRATE
full country; but your old comrade has
been gathered to his fathers. He mar
ried late in life, and accumulated but a
scant store of this worlds goods, and
this child, the only fruit of the mar
riage, was, in the providence of God,
left penniless orphan, and what fate
befell him you know full well. For
aught that know, Mr.. Foreman, you
may have now, when old, little ones
that are as dear to you as was this poor
child to that aged father who sleeps his
last long sleep in the soil he periIed his
life to defend"
As Rivers proceeded, he drew near to
the jury, and spoke in soft, but earnest
tones, while an occasional tear stole
down the cheeks of the old foreman.
Rivers saw this, and continued:
thine is fast weaving threads of sill
yer among your dark locks; your feet
are pressing the brink of the river that
flows between this and the unknown
land; and, soon, leaving, perhaps, to your
little ones an inheritance of poverty, as
did the father of this child to him,
you must go to join your silent comrade
on the other side, and then perchance
these dear ones may be consigned, like
your comrades boy. to the tender mer-
cies of some brutal Howard. Then the
little arms that so often encircled your
neck in their loving embrace may be
raised to shield the tender forms which
you now clasp lovingly to your bosom
against blows such as fell so cruelty on
this poor orphan. Then may the dim
pied cheeks that now glow with the hue
of health be sunken and pale from neg
lect and want; the eyes that now
brighten at your coming be red with
weeping, and the gentle voices that fall
like music on your eager ears be heard
pleading, in pathetic, beseeching tones,
for mercy, as the voice of this child fell
on the unheeding ear of the prosecuting
witness; and then, perchance, God in.
his infinite mercy may raise up for those
little ones friend and an avenger, as
He raised up Claib Herbert to avenge
the wrongs of this defenceless orphan,
and perhaps that friend may be, as
Claib Herbert is this day, charged as a
criminal; and if so, would you have him
punished?"
As the last words were uttered, Riv-
ers was so near the foreman that he
could lay his hand on his head, and APP
parently spoke to him alone. The eli
max was reached; human nature could
stand no more. The old foreman rose
from his chair, trembling in every nerve,
and, raising his clenched hands above
his head, in voice quivering with emo
ton, cried:
mol No! by the Eternal, mol" and
dropping into his seat, with his face in
his hands, sobbed aloud; and Judge,
counsel, and bystanders mingled their
tears with his.
Rivers at once sat down, and the Dis
trict Attorney arose to make conclud-
ing argument for the State; but before
he had concluded the opening sentence,
the old foreman, with streaming eyes
and with tremulous voice, said:
Edwin Walleri sit down! You are
a good man, and good lawyer, but.
sit down! We don't want to hear you.
talk another world"
WoIIar sak DOWN aDd kba i1,Jc,o s;ro