Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1894-12-01

= upbu sht SNNIc ptIsDDhlil Until tie 0ay OF
the trial came, when, on entering the dock, /
saw her sitting by George Redruth's side In
the crowded court
My aunt eTd uncle were there, too-the
latter so worn and changed that | should
scarcely have recognized him: so was honest
John Rudd. together with other old friends
and acqnainiaaccs. But before the trial be-
gan. all those who were called as witnesses
withdrew, George Redruth among the mum.
Der. My darling remained in her place, close
to my counsel and solicitors, In the well be.
meath the Judges seat: and more than once.
In the eourSe of the proceedings. ! saw her
whisper words Of instruction and suggestion
to my defenders.
Thinkin2 II all over again now, In the quiet
OF these a!ter-years, / am sure still, a. | was
sure then that her face helped TO save me-.
Its patbetic BEAUTY and sympathy, | believe,
touched the heart of the jury, and wrought
wonders IN my behalf. Even the judge, who
had what IS known rs q hanging" rcputa-
ton, looked down upon her with eyes OF IA
vor.
Early in the course OF the proceedings, l
heard whispers amOng the crowd surround
ing me. They were looking at Madeline,
and some one was asking who she might be.
A voice replied (how well | remember it,
and how my pale lace went red with proud
surprise) that she was the prisoners sweet
heart" Far away as 1 knew that idea to be
from the simple truth. / looked at my dar-
ling witt new feelings of love and gratitude,
and almost forgot for a moment the great
ankimpaNSable barrier between us.
After the speech for the prosecution, In
which j was painted in vivid colors rs a
young man of violent habits, having a homi-
cidal hatred to the murdered man, the first
witnesses deposed to the finding of the body
and 10 tue marks OF violence upon il. Then
George Re,iruth described my last quarrel
with Johnson. and my dismissal from the
oyerseershlp Of the mine. On this occasion,
j fear. Kedruth rather exaggerated than un-
der estimated the extent of my hostility
and when asked ii ne personally thought
that tine deceased had any reason 10 fear my
violence, hesitated and answered that "he
was afraid he had" ! saw Madeline start
and look appealingly at the witness. while a
low murmur ran through the court. On the
whole, Redruth's evidence, though given
with q certain reluctance, was very hostile.
i could not help feeling that ii was none the
less so because Madeline was seated there
with my defenders, and working so jealous
ly on my behalf.
Ny aGnt next described my doings on the
night of my departure from st. GuTl0tt S. and
again admitted, AS ut the inquest, that 1 had
been at 4 late hour In the neighborhOod OF
the mine. Then my uncle entered the box.
Ghastly and woe-begone, clad in his Sabbath
clothes of black, he stood like a man dazed
not once turning his eyes in my direction.
His evidence only cOrroborated that OF my
aunt: but unimportant as il was, he gave it
with extreme reluctance,
After the prosecuting counsel was done
with him, he was questioned by my own
counsel, as follows:
"On the night OF the murder you were at
home with the prisoner
"lss, sir"
Did you see him go outY'
Il diSremember. | took nav note OF; and
IN memory falling me-"
All: you have been III for some timer
"Nawt just myself like, sir"
Had you any reason to imagine that the
prisoner bore any luminosity to deceased?
Did he ever in your hearing utter any threats
against him?'
Never, sir; nawt one ward"
80 far as you know. he had no cause to
dislike deceased, beyond the fact that he had
taken his place as OyerSeer?'
saw my uncle trembling violently; but
his answer came clear and hrm:
"Nawt as knaws on, sir; and | knaw
this. he ne'er meant TO harm 'un."
q the night in question did the prisoner
show any agitation"
Nav, sir; tho he were a bit put out at
gazing ava fro home"
did ne show on his person any signs OF
violence, as OF a struggle?'
Nav sir: nawt he"
M uncle left the box.
All tat could be said was said in INV de.
Tense. MY witnesses TO character includes
John Rudd and other local worthless. hut al
this testimony would have been of little
avail without that which followed. To nv
intense surprise, Madeline herself entered
the box as a witness on ms side: and though
what she had To say, was practically irrele-
want Enough il concerned chiefly my saving
OF her life from shipwreck, it worked won
ders for me. Never shall | forget the thrill
OF JOY that went through me as she said, in
answer 10 a question:
y one who knows the prisoner believes
him capable or this or any crime. He is the
bravest and truest man | have ever met"
1t was at this point that the prosecuting
eounsel rose, aud said, very suavely:
EXCUSE me, Miss G~raham--but you have
q great interest III the prisoner?'
"A very great interest" replied Madeline,
looking him calmly In the face.
"A tender interest, perhaps? Am / wrong
in believing that there has been an engage
ment between your
| could have knocked the fellow down.
Madeline went crimson, but recovering her
self in a moment, steadily replied:
That is not true. My engagement with
Mr.. Tre,awney is one of gratitude to the
man who saved my life at the risk Of his
own"
The counsel lost something by this passage
of arms, and | gained much. Madeline's re-
ply was greeted with the approval OF the en-
tire court. For myself, l felt all my being
flooded with a great JOY, which carried me
along In q fearless mood till the end of the
proceedings. After my darling's tender proc
lamatlon of her belief in my innocence, l
cared not what other man or woman in the
world might believe me guilty; or, indeed,
what became of my life. l was justified in
her sight, that was enough.
After a trial which lasted only the greater
part Of one day, the judge summed up
stcfuiy enough, Il tHOuEht-dlu u1e jury Tc-
tired to consider their verdict. Now, for the
first line during the proceedings, | realized
IN position. My life hung in the balance,
and . few minutes would decide whether I
was to live or die.
The jury returned into the box, and the
Judge also ~reappeared in his place. The fore
man stood up, and replied, in answer to the
clerk Of the courts question whether l was
guilty or not guilty;
"Wearc agreed that there is not sufficient
evldeIco to convict the prisoner
That Is no verdict at all" cried the judge,
sharply. "You must decide one way or an
~other-gullty or not guilty."
For a moment the foreman seemed dubi-
oas, and. STOPPING TO his companions, spoke
to them In a whisper. Then he said:
Not guilty, my lord"
| was acquitted. but the manner of the &C
quittal was cruel enough, leaving 1t clear
that the mora presumption was against me,
though the evidence was inadequate. 1 did
not quite realize this at the time. bat l had
otter cause to remember It afterward.
A little later, i was standing, . free man,
IN the parlor OF a small inn. whittier / had
been led by John Rudd, and where | found
my aunt and uncle waiting for me. 1 cannot
say that 1t was altogether Q joyful meeting.
The shadow Of death seemed still upon us
all. John Rudd alone was jubilant and in
sisted ON drinking haalths all rouud Nv