The National tribune. [volume] (Washington, D.C.) 1877-1917, 1892-01-28

better counsel prevailed. and it was finally
agreed upon at an open-air meeting held that
afternoon that he should have a fair trial, as
had always been customary in dealing with
criminals since the establishment OF the camp.
The prisoner would be allowed to select jury
Of 10 men himself-but il must be composed OF
the most reputable citizens only; that Judge
should be elected by the crowd, he to appoint
someone competent TO prosecute and another
TO defend.
AS SOON As THE PRELnIINARTEs
were agreed 10 by the now-excited mob George
Buron's general out-ftting store was selected
for the courtroom, and the trial set for eight
o'clock the same evening. In that community
no such thing as the laws delay was brooked; ;
the citizens Of WhO0ping Hollow believing in
swift, stern justice on all occasions.
Long before the hour appointed for the trial
the crowd began 10 collect, and by half-past
seven the little room selected was packed Ia its
utmost capacity. On the outside of the building,
compelled TO remain in tho street, was an in
dignant, determined mob, numbering more
than three times rs many as were inside, surg
ing backwards and forwards. making night
hide0us with their yeis. blasphCmous remarks
OF impatience. and muttered threats OF get
ting even with him." Having his hearts
blood etc. Both outside and inside Of that
rough log building was gathered as motley and
as hard looking crowd as ever got together in
the mountains anywhere. lt was a strange
admlNture Of ignorance, manhood, vice, virtue
/ and yillainy. Some Of the truest men that
ever lived stood there; and some were there,
too, as deeply dyed in crime, If the truth were
known about them as Podgett himself Miners,
merchants, gamblers aud Mexicans were mixed
mp promiScuously; but their determined faces
aud show OF revolyers spoke more eloquentiy
Than language " that there wasn't going TO be
any fooling i'm the matter"
The dingy-looking room inprovised for the
purpose Of the cOnrt was lighted by halfa-
dozen tallow candles. which shed a dim, sallow
haZiness over the piles Of bacon picks. shovels.
canned fruits, and other miners goods stored
there, and upon the haId.yisaged men who had
assembled there to
MITE OUT THAT JUSTICE
which they believed had been already too long
delayed. The red flames Of blazing FIRE, made
Of dry pine-knots. nearly as combnstble as pow
der occasionally shot up the throat Of the huge
chimney built diagOnaily across one corner Of
the room whenever a fresh armful was thrown
on by the two boys appointed to that Office for
the time being. When the flames had exhausted
themselves, aud only the embers glowed on the
black hearth, a glimmering and a confused
mist seemed 10 difIusc itself over The brindicd
crowd, while the ltful rays OF the unsnuiIcd
candles threw weird shadows on the white
washed walls like ghosts as IL the spirits Of
the murderer's victims had come TO be phan-
tom witnesses Of his agony and despair
Old Sam Bartlett, as usual, was chosen Judge
without a dissenting voice. A pile OF bacon,
packed in guuny- sacks aud elevated four or
five feet above the aoor on which Bartlett,
with bis legs dangling over the SIDE sat, con-
stituted the official bench. The jury, COM
posed Of the best men ia town, sat on the right
OF the Judge, on boxes, nail-kegs, sacks, or
anything that came handy. Ike Podgett, the
miserable man Tor whom all this strange pro-
ceeding is instituted, crouching on the dirt
begrimed floor between his two determined
guards, riyets his eyes on the rcsolute men be-
fore him, distracted alternately by hope aud
despair; for he now feels the enormity Of his
guilt, and knows in his cOwardly heart that he
deserves death right there, without the least
show Of mercy.
Tom Bradford was appointed 10 prosecute the
case, and a young man-EnOch Green who had
been graduated from the law school Of Yale
two or three years before-was appointed 20 de-
fend Podgett. In few pithy sentences Judge
Bartlett explained the Object Of the gathering
and reviewed the terrible crimes that bad been
traced 10 the accused's den ia tho lonely eau
yOn. lie pointed TO the ghastly remains aud
charred fragments Of human skeletons piled
upon a rude table in front Of the Jury. which
be told them, in wonderful impressive Ian
guage, had been dug up in his own presence,
inside Of POdgetts cabin aud found among the
rocks
IL THE vICISITY OF THE ACCUSED PLACE.
The indignant old man grew almost eloquent
in his recitation OF the prisoners damnable
deeds. and a dcath-lIke Stiffness perva led the
crowd as the words fell hot aud earnestly from
bis lips, only broken now and then by the con-
vulsive click Of revolver as the excited feel
ings Of some puguacious individual intensified
under the Judges burning remarks But for
his admonition Of their promise 10 give the
miserable wretch Podgett trial. the proceed
ings in all probability, would have ended be.
fore Bartlett closed his remsrks
Tom Bradford in his argument rs the legally
constituted prosecutor. merely reiterated in a
measure what the Judge had SO forcibly ex-
pressed. but he scathed Podgett in a fearful
manner, working up a more exasperated feel.
ing, IL that were possible. than existed before,
and when he had finished his address called his
witnesses.
The Doctor was the FIRST TO testify, bat he
confined his evidence TO the character Of the
charred bones. settling beyond the question Of
possibility that they were human.
NIllOw-Guch Jack then appeared. and upon
him all eyes were concentrated as he related 10
the jury his simple story. He described accu.
rately, with dead coal taken from the fire.
place. on the top Of a cracker-box, the location
of the cabin, its surroundings and the pasition
ticularly that Of Jemuei Knaggs, a piece Of
whose blue shirt
AND CURIOUS COLLAR BUTTOE
he exhibited. which was recognized by nearly
every man present. lie made a graphic il not
artistic, sketch with his rude pencil aud its
effect on the jury and spectators was manifested
by expressions addressed 10 POdgctt more en-
phatic than elegant!
Issachar Noe was the next and last witness
called for the prosecution. lie related in an
impressive and convincing manner as chair
man Of the committee, the interview with the
/ young wife, or mistress Of POdgett, which was
received by his listeners with that faith in its
accuracy comparable TO the high character Of
/ the man!
! Then young Green, the counsel APPOINTED
4 for the defense. though he had not single
particle Of evidence 10 offer, aud convinced Of
4 the deep Villainy Of his brutal aud inhuman
client, felt 10 incumbent 10 make au appeal in
! his behalf This lie did 50 eloquently, and
built up hypOthcses 50 rapidly. that some Of the
rOugher element, afraid that his efforts might
/ be olectual, became rather dcmoustrativc. aud
crowded around him in a somewhat threaten
ing manner They were quicted however by
I few positive words from Old Tom. Ii was
rather decided but particularly pleasant COM
/ pliment 10 theyouth's forensic ability
1 When the defense had closed its wonderfully
| ingenious argument the Judge made another
one Of his significant addresses in his charge to
the jury, aud a little after midnight he sub
mitted the case 10 them.
] An awful silence prevailed for few moments