The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1893-09-01

arating the goats Of spectators from
the sheep of the bar. and studied their
faces as they passed. Stolid. immova-
BILE for the most part; but there were
two that seemed worried and dubious,
and they were the faces OF the two men
in whom she had pu. her trust Oh.
towards. Why had they not preserved
the courage Of their convictions or why
had they put themselves in position
where faint is u crime?
The jury took their seats, these two
men in the places which they had oc-
cupied during the trial, Nos. h. ID .
in the rear row. directly behind the
foreman. From the ante-room came
Tommy, and sat by his lawyer along
side of tn, table in front Of the judges
bench. How pale he was, but how
quiet, how stern. Was il possible that
those lips which had ever curled in
smiles could be SO firm? Why one
who didn't love him as she did, Patty
brushed tear from her cheek, as she
gazed; II seemed as if he were already
dead, and that il was his cold gray
shade that now appeared.
Call the roll, Mr.. Clerk" said Judge
Greengoods, and, as that functionary
obeyed, each juryman answered
"Present"-complacently so, too. ex-
cepting Nos. and 8, who looked as IL
they wished very much they were else
where. No. I was tall, slender. bent
young man. awkward aud bashful.
who was perpetually blushing, either
because people were looking at him or
because he imagined they were. He
also stammcred. No. was q short,
thick-set, aggressive-appearing old
gentleman. very deliberate in action.
slightly deaf, but ever ready to Stay
anyone who imputed such defect to
him. Consequently, No. dropped into
pool Of suffering, where ne hope
lessly foundered, and No 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 npon the prisoner =
continued the clerk Gentlemen OF
the jury, have you agreed upon your
vcrdict?''
The foreman dropped his hat and
folded his overcoat and struggled to his
feet. In that silent instant Of suspense
there was huttering sound, and Patty
few TO her old playmatc'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 appraised heI
face glowing with the light Of love, and
Tommy bent his head and kissed heI
tremulous lips.
I'VE have" answered the foreman.
I'VE find the prisoner"-but here aros,
confusion. From the seats behind him
aroused into action by the touching
tableau. Nos and 8 sprang forward OF
either side, both noisy, incoherent ans
indignant. From the spectators space
an ancient fury with blazing eyes ane
twitching fingers was menacingly ad
yancing.
"Silence. ORDER" cried Judge Green
goods, rapping sharply, and the criel
reiterated his command. The bailifl
rushed to their posts One caught thu
grandmother at the little gate an(
forced her back; another gently place.
Patty in chair. but she leaned agains
the prisoner and chung TO his hand ant
amounted it with her tears. Ono,
more the silence of suspense prevailed
I'VE 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, thu
defendants counsel were on their fee
together and talking at once
"Sit down. Numbered Judge Green
goods. mr.. Clerk. poll that jury"
Guilty" answered the foreman il
response to his name. and guilty" an
swered the succeeding FIVE Then CAM
No. rs turn lie sprang forward. apo
plectic with determination to express
himself and for once unconscious of hi
own personality. "Not guilty" h
screamed. ''and I've been trying to sa,
so ever since we retired"
Then No. deliberately set each foo
in place and arose. Your honor" h
said, II am thoroughly convinced o
the defendants innocence, and under
stood that we all were. ! am a man
sir, not apt to be mistaken. and ther
must be some chicanery at worl
here. ! solemnly protest against tn
verdict as given by the foreman, and
beg to say that am prepared to main
tain my judgment for the rest Of m,
natural life"
1T is evident, your honor" sal
the prisoners counsel, that there ha
been mistrial. l would ask that tn
jury be dismissed and the defendant re
leased on his own recognizance, unles
indeed my learned brother will agre
to an order Of nolle prosequi-"
''Nevcr," exclaimed the district al
torney, with an oratorical swing
Never. have q duty, sir, sacre
duty that owe TO the people of thi
great commonwealth which sustain
me"
There, there" interrupted Judg
Greengoods, ''of course, Of course.