The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-08

the docket. The man whom the sa-
aoonkeeper had shot had but just been
declared out of danger and on the road
to recovery.
When the case was called, the dis
trict attorney. arose from his desk I'M
der the bench and represented to the
court that as for some unforeseen
reason the said Frank Stevens, who
had been malieiously and wilfuHy as
sauited and shot by the said Tom Null
doon, has refused to prosecute. the
prosecution rested upon the. govern
ment, which would rely upon the direct
evidence of one witness to sustain the
/ case.
The district attorney, who was an
unoought man and whose future cleo
/ ton depended upon the number of CON
V1ctions he secured for the state. now
opened his case with such decision
viSor and masterful certainty that the
policemen and other friends of the de-
PENDANT began to quake for the boss of
the-th Ward.
And now, your honor, I will call to
the witness stand young man Of
stainless life, whom the government
has held as q witness since the brutal
assault was committed. He is in the
custody of the sheriff of the county,
Isaac Masters
All eyes turned to the door at the
left of the bench. There was a hustle
of expectancy and a pallor upon the
face of. Tom MuldOon.
Isaac Mastersl' repeated the attor-
ney, imDatiently. win the court pro-
duce the Witness
The judge raped his pencil on the
desk in a nervous tattoo. Above all
things he detested delay.
- hone VOUr. honor will ora nj mo
Few moments" said the attorney, an
noyed. The witness must surely be
here directly"
1T can go over began the judge,
| lndulgently, when he was interrupted
| by the entrance of the sheriff of the
county himself. This man backoned
| to the district attorney, and the two
whispered together with an appear
ance of great excitement.
/ 'Wen?' said the judge, yawnfng.
Produce your witness"
But the attorney for the government
came back to his place, slowly, with
I mead bent. He was very pale, and
/ evidently much shaken. The saloon
/ Keepers face expanded with hope, as
/ he leaned aside and whispered to a
/ friendly wardman.
/ What was the evidence? Where was
/ the witness? Silent? Why? The
I question flashed from face to face in
the court room. Had he escaped Or
/ been spirited away? Such things had
/ been known to happen. Or bad he be-
come insane during his incarceration?
Such things had been known to hap
pen, too. Gentlemen of the law. Cen
/ tlemen of the juryl Sheriff of the
I county! Judge of the superior court!
I Where is the witness? We Cemand
him on penalty of contempt Con-
tempt of you Honorable Court Con-
tempt of court
What? Is he not here? After all
! this cost TO the state and to the man?
/ Why has he not met his enforced ap-
/ pOintment? If not here, why was the
innocent witness suffocated behind
bars and walls, while the murderer
was free to dispense rum?
your Honor" began the attorney.
with white lips. "a most unfortunate
occurrence has happened, one that the
government truly deplOres. The wit
ness has been suddenly called away.
In fact, Your HonOr-Hem.-In short.
I have been informed by the sheriff
/ that the witness cannot answer to the
summons of the court. He is dis
qualified from subpoena. In fact.
Your Honor, the witness died this
morning."
The lawyer took out his handker-
chief, ostentatiously. He then bent to
his papers with shaking hands. He
looked them over carefully while the
court held its breath.
'+As the government is not in pos
session of any evidence against Null
doom, I move to noIle PROSE- the case
at is granted" said the judge. with
"a keen glance at the bloated prisoner.
whom wardmen and officers of the
law were already cOngratulating pro-
fusely.
"Order," continued the Judge ''Pris-
oner, stand up! You are allowed to
go upon your own recognizance in the
sum Of $3.50"
iThe next case was called, a new
crowd entered the vitiated room, and
the court proceeded with its routine
as if nothing unusual had happened.
And the silent witness has passed
out of every memory but mine. and
that Of one poor girl mourning in the
New Hampshire hills.