Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-04-04

here lie leo Uu0 DoS "
seated him at his side, in front OF the
jury. The boy was ever smaller than his
years of delicate physique, aud showed
in his pinched face traces of suffering
and p~rivation-the look OF neglected
orphanhocd 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 a 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 .lurvman, the foreman, had mar
ried late in life, aud had two children,
twin boys just the age of the little or
plian, to whom he was passionately de
voted. He knew, too, that he had been
a 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:
"Gentlcmen of the iury-the State of
Texas has presented her evidence and
stated her case, and 1 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 a 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
phar 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 few land that you had aided in rescu-
ing from the hand of the spoiler. That
battle you have fought we'll, 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 q penniless orphan, and what fate
befeil him you know full we'll. 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 periled 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:
slime 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 al inheritance of poverty, as
you must go to join your silent comrade
on the other side, and then perchance
these dear ones may lie 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
yo,l 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 want3ethe, eyes that now
brighten at Jour 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
onsthe unheeding ear of the prosecuting
witness and them perchance, God in
his infinite mercy mnay raise up for those
little ones a friend and an avenger, as
He raised uP'1Claib Herbert to avenge
the wrongs of this aaefencelesS orphan,
and perhaps that friend may he, as
5Cipib Herbert is this day, charged as a
criminal !1 and il, soo,wopld YOU have him
punished" ,a
As the last word" = were, uttered, Riv-
er$ was 50 near The foreman that BIZ
SoNfO iCf'AllS ndlld VII LIS uGdu, dOu ap-
parently spoke, to, him alone.; q The eli.
max was reached; human nature eoul@
4 stand no more The old foreman. rose
from his chair, trembling in every nerve
and, raising his clenched hands above
hil head in a voice %quiveuing with emo
ton, criedtsusA :ae aofts ~ #qo4 8
. fNollNo! blythe Eternal Nor and
dropping into his seat, with, his face il
Ais hands, sobbed aloud; and Judge
counsel, and bystanders mingled theiil
tears With his ~ - i!lt t.lA ~ II! IN +,
VI Rivers at nee sat down, and The Dis
trict Attorney arose to make,asconclud
ing a~rgumentffor the, State; but before
he had concluded ,tthe, opening sentence
E5the Old foreman, with streaming eve:
AND with d tremu1ous voice, said: g
4 50. Edwin Waller! sit down!i You arr
2 good man, and O good lawyer. but
Sit down. We don't want to hearr.yoa
talk another world" mi, &, 49,. q.
q Waller sat down, and the Judge sim
ply read the statute defining the offenc.
and fixing the penalty, and directing
the jury tofretire and consider of til,
verdict. Whereupon the old forema,
rose and, without any consultation what