The midland journal. (Rising Sun, Md.) 1885-1947, 1893-10-20

men in the places which they had oc-
cupied during the trial, Nos. Z and
in the rear row, directly behind the
foreman. From the ante-room came
Tommy, and sat by his lawyer along
side of the table in front of the judges
bench. How pale he was, but how
quiet, how sternl Was it possible that
those lips which had ever curled in
smiles could be so firm? Why one
might be afraid of him, that is, one
who didn't love him as she did! Patty
brushed a tear from her cheek, as she
gazed; it seemed as if he were already
dead, and that it was his cold gray
/ shade that now appeared.
"Can the roll, Mr.. Clerk" said Judge
Greengoods, and, as that functionary
obeyed, each juryman answered
Present" nt"-complacently SO, too, ex-
cepting Nos and s, who looked as if
they wished very much they were else
where. No. was tall, slender, bent
! young man, awkward and bashful,
who was perpetually blushing, either
because people were looking at him or
because he imagined they were. He
also stammered. No. was a short,
thiclz-set, aggressive-appearing old
! gentleman, very deliberate in action,
slightly deaf, but ever ready to slay
anyone who imputed such a defect to
him. Consequently, No. Z dropped into
lessly foundered. and No. Z shouted
Here" some time after the clerk had
noted the attendance.
Stand up" said the clerk to the
prisoner. And Tommy arose and stood
with folded arms, fragile yet intrepid
Ajax defying the lightning. But, oh,
it was dark about him; if there might
be but single ray of sympathy, then
he could endure. The court officer at
the little gate was naturally more in
terested in the proceedings than in his
duty. He moved forward, and Patty
slipped within the rail-
Let the prisoner look upon the jury;
let the jury look upon the prisoner"
continued the clerk. Gentlemen of
the jury, have you agreed upon your
verdict?"
The foreman dropped his hat and
folded his overcoat and struggled to his
feet In that silent instant of suspense
there was fluttering sound, and Patty
few to her old playmate's side. She
threw one arm about his neck, and
stood with the other extended toward
the jury box like guardian angel per-
forming her mission. She upraised her
face glowing with the light of love. and
Tommy bent his head and kissed her
tremulous lips.
1--WE have" answered the foreman.
''We find the prisoner'-but here arose
confusion. From the seats behind him,
aroused into action by the touching
tableau, Nos. and 8 sprang forward on
either side, both noisy, incoherent and
indignant. From the spectators space
an ancient fury with blazing eyes and
twitching fingers was menacingly ad-
vancing.
''Silence! Orderr' cried Judge Green
goods, rapping sharply, and the crier
reiterated his command. The bailiffs
rushed to their posts. One caught the
grandmother at the little gate and
forced her back; another gently placed
Patty in a chair, but she leaned against
the prisoner and clung to his hand and
anointed it with her tears. Once
more the silence of suspense prevailed.
''We find him guilty, your honor" !"
blurted the foreman. "Or at least
thought we did; but these two gentle
men seem to object"
Then again there was confusion.
The district attorney, his assistant, the
defendants counsel were on their feet
together and talking at once
"Sit DOWN. thundered Judge Green
goods "Mr. Clerk, poll that jury"
Guilty" answered the foreman in
response to his name, and guilty" an
swered the succeeding five. Then came
No. rs turn. He sprang forward, apo
plectic with determination to express
himself and for once unconscious of his
own personality. mot guilty." he
screamed, ''and I've been trying to say
SO ever since we retired"
Then No. deliberately set each foot
in place and arose. your honor" he
said, 81 am thoroughly convinced of
the defendants innocence, and under
stood that we all were. 1 am man,
sir, not apt to be mistaken, and there
must be some chicanery at work
here, l solemnly protest against the
verdict as given by the foreman, and
beg to say that am prepared to main
tain my Judgment for the rest of my
natural life"
1T is evident, your honor" said
the prisoners counsel, that there has
been mistrial. 1 would ask that the
jury be dismissed and the defendant re-
leased on his own recognizance, unless
indeed my learned brother will agree
to an order of nolle prosequi-"
s'Neyer" exclaimed the district at
torney, with an oratorical swing.
"Never. l have duty, sir, a sacred
duty that owe to the people of this
great commonwealth which sustains
me-"
There, there!" interrupted Judge
Greengoods "of course, of course. /
dismiss the jury and continue the case
unto the next term. The prisoner is
remanded without bail. Adjourn court,
Mr.. Crier," and with very dissatisfied
expression comforting his regular fea-
lures 'his honor hastened away to
| his club.
The sheriff led his prisoner away.
The lights were turned out and the
great building was left to the ghosts of
! sorrows and the echoes of sobs. And
, little Patty driving home with her
, wrathful grandmother dared smile
through her tears.
But before the next term news came
, of the violent death of the elder Barling
, boys in foreign land and of their prior