Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1891-09-23
Trial by Judge.


the night. l was given bed in
chamber with a window looking out
into the yard, and ten feet from the
window stood large apple tree. 1t
being summer, the window sash was
raised.
1t must have been about midnight
when sound at the window awoke
me, and 1 got out of bed to see what
the matter was. II did not take long
to discover that some one was plan
ming a surprise for me. A man had
climbed the tree, and from a handy
branch had thrust out..a plank to reach
the sill of the window. 1t was the
end of the plank dropping on the sill
which aroused me. l stood back
little to watch, and presently the fell
low, whose color could not determine,
started to creep along on the plank.
l didn't know exactly what to do at
first, but finally decided to give him a
fall instead of bullet. Waiting un-
til he was midway between the win
dow and the tree, l gave the end of
the plank a shove and down he went,
yelling out in alright as he found
himself going. He had scarcely struck
the ground when some one seized him.
The house was alarmed, everybody
turned out, and when l got down the
owner of the house was standing guard
over a mean-looking white man and
saying:
"Now, then, Jim Hivers, you'un has
got yo'self into a powerful fuss! Yo'un
has been tryin' to git into my cabin in
the night time to rob the stranger, an
if you'un doan' dance high fur it l
doan' want no mo- meat tp
Wasn't tryin' to get in" sulkily
replied Jim.
"Then what was yo'un doin'3'
"Arter apples"
"Arter apples which amt as big
as shucks at this time O the var
Jim, yo' is bad-bad all the way up
an down. I've knowed it fur vars, an
I've knowed that you'd get cotched
some day. The cotchin' has arrove."
"Cawn't prove it agin me" calmly
observed the prisoner.
"You'un jess wait I'm gwine to
tie yo' up till daylight and then take
yo' before Squire Taylor"
"Jess meant to look in the winer,"
exclaimed Jim, who was evidently be-
ginning to be alarmed.
ooh, yes! We understand I! Now
you'un come along to the smoke-house
an doan' try any tricks on mel"
Next morning he was regularly ar
rested on warrant charging him with
intent to enter and rob-. The exam
ination took place in the schoolhouse,
and the justice conducted it without
any lawyers to bother. When Jim
was asked to plead he replied
II jess didn't dun it, and I'll stick
to my fat if yo' hang mel"
"Then I'll enter plea of not gull
ty," ".said his honor, and asked me to
take the stand. l testified as related
above, but all was not smooth sailing.
When / stated that l was aroused by
a noise Jim put in:
"He'un doan' dun say what sort of
noise, squar'. Thar's mo- than fifty
kind of noises, an he'un's got to come
right down fnep'
When / said that / looked out of
the window and saw man in the tree
he interrupted with:
"Squar Taylor, is you'un gwine to
put that down agin mep Thar's var
us sorts of men. How does he'un
know it wasn't niger? Pin him
down, Squar."
Couldn't bin no niger nohow,"
said his honor. "Couldn't bin nobody
but yous, kase yous the one cotched."
When / testified to pushing the end
of the plank off the sill Jim looked
done up for a minute. Then bright
idea came and he exclaimed:
Hold he'un down, squar He says
a plank How long was that plank :
What sort O. wood? Who did it be-
long toi Doan give he'un no high
ground over me kase he looks pert 7"
The owner of the house testified to
having been disturbed by noise.
and he had just got to the door when
Jim fell from the tree.
"Shore it was me" asked jim.
"Of co'se."
"Doan reckon it was anybody else ."
Couldn't bin. Kase grabbed it"
"Better be keerfuf! You's on oath !
What did say?"
"Said you'un was arter apples"
PUT that down plain, squar Ap.
pies isn't as big as beans yet. and If /
was arter apples it proves insanity.
That's one fur me-"
When he took the stand in his own
defense he was asked:
Prisoner, what is your name ?"
"What vo' DRIVING af Souor 1av