The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-07
49, ZOE rHe AcouITTALf


Cheats Case seemed Hopeless.
A prominent lawyer az the Lone Star
state. who recently visited New Orleans, re-
lated Is 4 reporter the following story OF a
murder trial Ia his Texas home:
The prisoner was on trial for his life.
The evidence had all been heard. The states
attorney had just taken his seat after most
inclslee statcmeut OF the evidence, wherein
ne demonstrated tho utter failure Of the
prisoners theory Of self defense. The coun-
scl for the prisoner was "A stranger, too,
known only BY reputation 60 the judge aud
bar. and that reputation was one Of great
ability perfect integrity and a marvellous
krnck Of 'snatching verdicts" each time
bv some new turn. This gaunt, yet grace
fnl gray headed man arose. seemingly
without locking At the jury. though each
man felt he~xas under the power OF that
wide open cye- After bowling 20 the judge
and saying a few almost inaudible words
Of courtesy 70 his honor, he turned to the
prisoner and said
"Xou must die, John-die by hanging. IL
will be for no fault Of yours, by no fault Of
the judge, or o. his jury, or Of the good peo-
pie Of the county; neither will it be any
fault ofthetaw. The law Of Texas is all
right, though You die innocent The law,
though its machinery may sometimes ex-
pose perjury. can't always prevent the false
swearing Of witnesses. Judges and iuries
have not the power. though they sometimes
exercise the authority, of Almighty God
They e0uldn't look down into the souls Of
those perjured witnesses and sec the malice
hate aud private purpose that colored and
twisted all the facts. We can't help il
now. You must die as you have lived, like
a BRAKEMAN. / don't need to tell you that.
The woman who bore you, three months
before you saw the light Of heaven, carried
in her arms from one Of the bloodiest
fields OF the late war the bleeding, senseless
form Of your father, while shot and shell
stiil shrieked and the groans of the dying
filled the air
And your father, whose MANNED body
we laid 70 rest last week, was not matched
IN all this land. These trusted You, and
their blood can betray no trust. The only
message he sent you was, Tell him we be
lieve IA him. We viii lay you beside them.
In a few days this old white head win be
laid next TO you. I'll not be ashamed 70 be
buried soon beside you, John. You are so
hkethe other. John, that l see the visions
of happy boyhood while gazing into the
same true eyes-confused with these is the
pride / have taken in my friends boy.
While we lay these bodies in the church
yard over the mountain wen appeal this
case. Wen try it all over again mp yon-
der"
Then, in afew Of the boldest and grand
est figures. he sketched his idea of a trial in
heaven, where, as he said, lin that glorious
presence the false witness IS dumb and the
inerrant judge needs not the aid Of counsel
or Of jurors" Then he pictured the eager
ness with which the mother and the calm
confidence with which the father awaited
heavens verdict, the ,uick rush, the en-
trancing, soul satisfying EN- brace OF both at
the words, mot guilty" Then, taking up
both hands of the prisoner, he looked down
in his face for a moment steadily, then,
bending forward with mother like tender
ness, kissed him twice on the forehead, say
ing in whisper audible to all: I'VE can
wait for thatg SO goodby John, my boy"
Bowling respectfully to the judge he took
his seat, still holding one of the prisoners
hands
The district attorney, who through all
this sat with his back half turned TO the
speaker and to the jury nervously and OK
citedly chewing his toothpick and crossing
ana recrussiug his legs, began a reply
which quickly ended after "A good look at
the jurors faces in a stammering request
TO them TO do their duty The judges
charge was scattering lie seemed 10
scarcely know what be said. The jury did
not hear him. Not the slightest incident
occurred to break the spell. They went I
ont, returned, and in a very few moments I
the verdict Of mot guilty" was recorded. I
What WAS the force that worked this re- /
eultf-NeW Orleans Picayune.