Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-03-26

nent with tirnl
The judge advocate was Just writing
out the answer when Miss Marshall
leaned over and whispered word to
Kenyon. The major nodded appreci-
atively and looked eagerly along the
faces of the members of the court across
the table. Capt. Thorp's eyes met his,
and it was Thorp who suddenly spoke:
The witness has not answered the
question, as l understand it"
He has answered as the court under
stands it" said Lawler sharply, and en-
tirely to my satisfaction"
He may have answered to the salts
faction of the judge advocate, but sug-
gest that the court can speak for ITSELF"
was Thorp's cool reply. The question
should have elected an answer as to the
entire service, possibly in other COM
mands, on the part of the witness, and
he replies only as to G troop"
He has given the exact information
desired said Lawler hastily, land all
my question was intended to cover.
protest against interference with nv
witnesses.
Bang. came old Grace's sword hilt on
the table
1t is > o'clock, Mr.. Judge Advocate,
and the court will adjourn"
Lawler drew long breath and
glanced triumphantly at Thorp
But, however little the first dav
brought forth, the second in no wise
lacked sensation. Welsh and Mr.. Levi
Schonberg, in terms most emphatic. had
described the assault upon the principal
witness; both declared that with brutal
violence Welsh had been dragged forth
from the barroom and then kicked and
cutted all the way to the guard house;
both denied the faintest provocation or
excuse; and then, amid oppressive still
ness, Mr.. Schonberg had described his
connection with the traders establish
ment six years before and his knowledge
of the pecuniary dealings of the accused.
In positive terms he asserted that old
Mr.. Braine had lent the accused sums
aggregating six hundred dollars at diff
ferent times, and that he had frequently
and vainly importuned him in letters
written by SchOnberg for payment. had
been ignored, and that finally when he.
after the accused returned TO the post.
stTove to collect the amount he. the wit
ness, was met with curt refusals. denials
of all Indebtedness. and finally with
threats and assault.
Nothing much more connected could
well be imagined. Both men We're posi-
tive and precise as to facts and dates,
and both when cross examined bv the
accused stuck stoutly and positively to
fha1~
Mrs. Schonberg that was and Mrs.
Braine that had been, and her testimony.
though by no means truculent or posi-
tive, was largely in support of that of
her Jewish spouse. She was sure of the
loans to Hearn; sure he had never re-
paid them; sure that Braine had directed
them placed upon the books, and had
frequently spoken to her of them, be-
cause she thought thai he was too open
handed and credulous, and had told him
so.
When court adjourned at p. III. on
the second day the case had gone dead
against Hearn, and Col Grace gravely
inquired if he could not procure counsel
even now: 1t might still be allowed. But
Hearn quietly shook his head Wcdnes-
day morning was TO have brought the
redOubtable Mr.. Abrams to the scene to
aid the case for the prosecution. but Col.
Lawler was compelled to say that the
witness was not forthcoming. and had
not even answered kilograms sent him.
There was some quiet grinning at the
reporters table, and old Kenyon breathed
sigh as he bent over and whispered to
Brodie:
''D-n that fellow! He never meant
to come and Lawler knows it. Cross
examination would have broken him
all up
But two other civilians We're produced,
who claimed to be old friends of the late
trader, and one of these testified that the
week before his death Mr. Braine had
declared that HeaTn had refused to repav
the money and he regarded it as good as
lost. Hearn protested against this as
''hearsay' and not testimony under oath.
LAWYER vowed It was material and CON
frmatory. ana The court was cleared. TO
the utter Indignation Of the correspond
ents thus compelled to quit the room
with the common herd. Thrice again
this happened during the day. and Deo-
pie grew disguised, many Of them leav-
ing; but those who remained Including
the officers, could see no earthly hope for
Hearn. Everything had been as conclu
slvely proved as such witnesses could es-
tabllsh matters, and the only chance Law
IN the Impeachment of their testimony.
1t was nearly 3 o'clock on Wednesday
when Lawler said that if the other wit
ness, Ny. Abrams, did not put in an ap-
pearance he would rest the case for the
prosecution. Col. Maitland incurred
why the books of the late post trader
had not been produced in court in sup
port OF Schonberg's testimony, and Law
Ter promptly responded that they were
too bulky to be appended to the record,
were property of the estate, and he had
not considered chem necessary How
ever, if the court insisted And the
court did. Schoaberg was directed to
bring his books at 10 o'clock the next day.