The morning call., 1891-12-14
THE ALIB[ A FAILURE.

was less due to the murder and its peculiar
circumstances than to the fact that this was
the first case tried at San Saba In any more
formal court than the time-honored institu-
ion Of Judge Lynch.
As there was no place specially arranged
Tor the trial Judge Ptblado Hospitality Of
fered the use of his shed Here a rough
table and chair were placed for the Judge,
the other necessary furniture, intended to
represent the dock, the stand, etc, being
eked out with boxes from Silas Baggst's
grocery store.
Jake Smith looked at these preparations
for time with frowniug discomfort, and
then strolled down the road, turning into
the lane that led to Blake's. When he
reached the door of the shanty he leaned
against the jamb and poked his head in
side, tanning himself in an embarrassing
way with his greasy fragment of hat. He
had come there with the intention of saving
something, but the sight within made him
forget il,
Blakc's widow sat there, as she had
pretty much all the time since the murder,
staring straight before her, with her chin in
her palm. Tie sunlight struck through the
foliage of the red oak trees that grew before
the door, and checkered with Pickering
brightness the floor and cradle in which
Jem's baby was sleeping.
There It was, just as It had been three
days ago could it be only three days2-
inst as il had been when she went out that
IN rnng to look alter the drying clothes and
left him standing in tue door by the cradle
thOW fond he was of the baby Just as it
was when she head the crack Of the pistol
and ran in with an awful sense OF suffCcat ne
fright-Just the same as when She had found
him living upon the cradle, dabbling its
rr~tsh &c n md ha iolN
playing with his hair. She screamed once,
the first and last complaint any one heard
her make; then she was quiet and helpful
through it all-when men came and lifted
him up; when they had laid him on the
rough bed in the other room; when they car
red him To tie grave, she following with
the baby in her arms.
Jake Smith was trying to find the Ink
missing in his thoughts; he shifted with
perpleXity-or something - and Blake's
widow looked up without speaking. Jake
nodded pleasantly four or Eve times.
"PoOty cAiYperY asked he.
Blake's widow smiled sadly, bent over the
sleeping child and smoOthed the clothes with
a tender touch.
"They'Ie a-goin' ter try him in court"
Jake ent on, AN don't believe"
Try who-Autonio?" She turned toward
the burly figure in the door with flash of
Interest In her black eyes.
Yes. The ledge Is making court out of
his shed. hope it'll turn out all right, but
it seems like givin' that Mexican devil q
chance he oughtn't ter have"
'He can't get clear, can hep" she asked,
rocking the cradle gently and patting the
cov"rlPt.
Il don't sec how, but he's got some kind
of a law cuss to speak for him-a Teller
that stopped here day or two ago on his
way to Gslveston-and it makes me kind O.
nervous"
Blakes widow did not appear to notice the
last remark, for the child, disturbed by the
talking, had awakened and sat up in his
cradle with wondering look.
"Pootv, mint hep" said Jake. regarding
the small figure with interest. LOOKS just
like-ahem you. Poor LITTLE - abe
mortal enemy. "Of course he'd had =
you've got-there's nUthin' l could do fur
yer. maybe?"
Sire answered with grateful look, but
it was accompanied by shake of the mead.
Jake bent down, and with his big fore
head; then lie went and left them, Blake's
widow sitting as he found her and the baby
staring down the path after him.
He walked on until he reached the top of
the little hill, where he could look down
upon the roof which covered the pteous
scene he had Just left. Here he seemed to
have half a mind to turn back, for he hest
tated and stopped; but he changed his par
tia intention after lingering moment and
walked meditatigely onward, with the ex-
clamation, wal, some women do beat the
ID amaZn'."
OF course everybody came to the trial.
The arrangements were soon found to be
altogether TOO meager. Pitblado's shed
was filed to overlooking and Bagget made
clean sweep Of every empty box in his
store.
Antonio's lawyer. a sharp-eyed, sharp
featured fellow from Galveston, had busted
about with surprising agility on the day
previous, holding mysterious conferences
with ill-conditioned fellows OF Gueldo's
kidney.
the court was assembled, the jury had
been chosen, and the witnesses were all
present save one-Blake's widow.
Pretty soon there was a stir at the door.
then murmur of surprise ran through the
crowded room.
MAY be-" said Jake Smith, audibly.
IF she hasn't brought her bobp'
What reason she may have had for not
leaving the little thing in charge of some
sympathiZlng wonIan-and there were plenty
who would have been glad of the trust
was not apparent; however that might be,
there it was clasped firmly in her arms. its
bright red cheeks contrasting with her
whiteness, and IS fathers sunny hair min
Cling with her dark locks.
With some difficulty way was made
been placed on one side of the Judge, di-
rectly opposite the candle-box on the other
where Antonio sat. She took her place and
never moved during the whole trial, except
ing as she required to testify, and once
when the baby tugged at some glistening
thing that lay hidden in the folds of her
dress, at which she took pains to distract its
attention with a chip from the floor As
for the baby, 1t sat there with its big blue
eyes open to their fullest extent. entirely
absorbed in the novel scene, save at the
moment when that irresistible glitter caught
It's eye.
Everyone being now present, the trial
went on in good earnest. A number of
witnesses were examined, whose testimony
showed that Gueldo had had trouble with
Blake. and more than once threatened his
life; that GueldO's pistol was one charge
empty on the evening of the day of the mur-
der, whereas in the morning it had been full;
that he was seen that morning around
blake's house. and more than thar, Blake's
widow had heard Guedo's voice Just before
Inc fatal shot, and had seen him retreating
as she ran out.
At this last point the Galveston lawyer
asked the witness few questions regarding
how she knew 1t was Gueldo's, and how she
had recognized the voice for his She didn't
know how exactly, but was none the less
sure for that
There had been a rumor about that soma
one had heard Antonio make boast of hay-
ing done for Blake this time" but il there
were witness for this he could not be found
now.
And so the prosecution closed.
The Galveston lawyer began by involving
In whirlpool Of hopeless contradiction the
witness who had sworn to having seen Gu
edo near Blake's house. Then he expatiated
on the ease with which one person may be
mistaken for another, and brought a witness
to show how Gueldo had already been said
to resemble some one in the village. Finally
he produced three OF the ill-cOndltioned fell
lows before referred to, who swore that An
tonic was with them on a hunting expedi-
tlun during the whole of the day on which
the murder was Committed.
1t was clear case OF alibi Jake Smiths
establishment at the ease with which the
thing had been ccomplished was un-
bounded. He threw Disguised look
toward Pitblado. but the Judge was nom
plussed and didn't seem to be interested
with things in Jake's Vicinity.
Gentlemen of the jury" said he. things