Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1893-09-16

persons to this jury at present unknown"
Now, Tom had been provided with pis-
toll on the night in question: brand
| hew Smith s. Wesson revolver, with
seven cartridges and various automatic
and other improvements, and he had
further been fitted out with belt to
sling it in, and all this apparatus he had
| faithfully borne from sunset till sunrise.
| This and his presence in the forest when
Henry was shot were the damning facts
! against him.
| Toms English straightforwardness
combined with his evident affection for
the dead man, his indignation at being
supposed capable of working him injury
and his CONSERVATION at being arraigned
before the majesty of the law were both
comical and pathetic. When the re-
volver was produced, moreover, all the
seven cartridges We're still in it, and
there was no sign of its ever having been
discharged. No one of the witnesses
called TO testify as to his character could
find word to say against him, nor could
it be shown that he had ever had any
misunderstanding with the deceased or
had anything to hope from his death.
And when he was put up to answer for
| himself his testimony was as convincing
as it was involved.
Twas this way, please yer honor"
he began. eve was to drive to the lake
for to spend the night. There was me,
an the young northumberland Master
| Frank, as was laid up with bad foot,
sir-an tho mistress, an the young lady.
So, when we got there, Master John,
says e, Saddle up, Tom e says, AN
take the pistol, e says, AN back we goes
to wallop them burglars, e says. So
didn't know what ed be hup to, yer
honor. not 'avin 'ad the tip. 'Owsomever,
| saddles up, an hoff we goes, me an
Master John an Master 'Enry An there
was the young lady, she was achin to go,
too, an they wouldn't ave it, but says
she to me, privatehke, says she, III be
heven with 'em yet, Tom she says. Il
| knows 'ow to put on a saddle myself,
she says, 80 look OUT she says. Well,
hoff we goes, leisurelyhke, an the young
gentlemen a-chaffin an a-laughin, an
Master 'Enry g gives me pull at is
flask, God bless i'm, for to keep my gall
up, e says. Well, twas that dark as
we missed our way oncet or twicet, an
it might be 'alf after / when we was
back in our hown woods, yer honor
Well, we dismounted, an tied up to-
| TRY to be more succinct," interposed
the examining gentleman. How did
you dispose yourselves after arriving in
the vicinity of Cedarcliffe?"
"'Master John, saws e, You keep by
an along ERE, Tom, e says, IAN, 'Enry,
do you look out for that side e says,
AN I'll do this ERE slice, e says, IAN if
any one on us raises the game e says,
| Jest up pistol an fire in the hair, e
says, AN t'others on us will close up an
nab EN- e says. So hotf Master 'Enry
an / goes, one one way an tother the
! bother, an leaves Master John where e
was. Well, | sneaks up, an l sneaks
down, an | stops an listens, an oncet l
thought / lad i'm sure enough, but
twas only rabbit, yer honor. An
thinks |, This 'ere's a rum way of
passin the night l thinks. Well,
it might be 2 in the mornin, yer honor,
| when | ears somethin. an says to myself,
Was that pistol, says |, 'or wasn't it?
With that | begins nosin round a bit,
gettin more an more hover toward Master
HeLry's beat, as it might be, but nothin
at all does l see, yer honor, till says l,
You're naught but fool to be thinkin
it, Tom, says l. was just below, along
| side the cliff. when l spoke them words,
yer honor, when what does l see, it
might be 10 Yards hoff, but a-but a
black-a black cap o somethin"- At
this point Tom sniveled and broke down,
and there was pause in the proceedings.
in short, you discovered what turned
out to be the deceased? said the exam
liner.
AN it went nigh for to break my art,
| it did, said Tom in tremulous voice.
"'Ardly cola, e was, an twas honly
when see is air that l knowed i'm, an
there waz an ole clean through him, yer
honor, an-dang the devil what did it,
whoever he be-" exclaimed Tom, with
sudden vehemence, and then he broke
down once more and wept bitterly.