Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-07

CROPPED on the railing. A blinu4ess struck
him before he had mounted two steps. He
did not hear a woman's Shrek, nor the
rushing of feet, nor the sound OF his own
fall
When he awoke he was alone in the wit
ness cell, and when he put his white hands
to his hair, he felt that his head was
shaver. The clipper prison doctor told
him that he was getting nicely over &
brain fever.
1t was three months after this before
the case of Tom Muldoon came upon the
docket. The man whom the saloon keeper
had shot had but just been declared out of
danger and on the road to recovery.
When the case was called the district at
torney arose from his desk under the
bench and represented to the court that as
for some unforeseen reason the said Frank
Stevens. who lad been maliciously and
Willfuly assaulted and shot by the said
Muldoon, has refused to prosecute, the
prosecution rested upon the government,
which would rely upon the direct evidence
of one witness to sustain the case
The district attorney, who was an I'M
bought man, and whose future election de-
pended upon the numbersof convictions he
secured for the state, now opened his case
certainty that the policemen ard other
friends of the defendant began to quake
for the boss of the -th ward.
And now, your honor, 1 will call to the
witness stand a young man of stainless
life. whom the government has held as
witness since the brutal assault was COM
mitted 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 eN-
pectancy, and a pallor upon the face of
Tom Muidoon
Isaac Nastersr' repeated the attorney.
irpatiently. VIII the court officer = pro-
drce the witness?"
The Judge raped his pencil on the desk
in a nervous tattoo. Above all things he
GeteSted delay.
Il hope your honor will grant me few
Moments" said the attorney annoyed.
The witness must surely he here directly
at can so over" began the judge, in
diligently, when he was interrupted by the
er trance of the sheriff of the county him.
self. This man beci<oned to the district at
torney, and the two whispered together
with the appearance of great excitement.
.'Weil?" said the Judge, yawning. PRO
Guce your Witness
But the attorney for the government
came back to his place, slowly, with bent
head. He was very pale and evidently
much shaken. The saloon keepers face ex-
panded with hope. as he leaned aside and
whispered to friendly wardman.
What was the evidence? Where was the
witness? Silent? Why: The question
flashed from face to face in the court
rccm Had he escaped? Or been spirited
away? Such things had been known to
happen. Or had he become insane during
his Incarceration? Such things had been
known to happen. too. Gentlemen of the
law! Gentlemen of the jury! Sheriff of the
colHlE! Judge OF the superior COURT
Where is the witness? We demand him on
penalty of contempt. Contempt of you,
honorable court! Contempt 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 appointment?
If not here, why was the innocent witness
suToCated behind bars and walls while the
murderer was free to dispense rum?
ICur honor" began the attorney with
White lips, "a most unfortunate occurrence
has happened. one that the government
tuly deplores. The witness has been sud-
Gently called away. In fact, your honor
hem!-in short, l have been informed by
the ST eriff 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 handkerchief
ostentatiously. He then bent to his ma
pers with shaking hands. He locked them
over carefully while the court held its
breath.
las the government is not in possession
OF any evidence against Muldoon, 1 move
to nolle PROSE- the case"
1t is granted" said the Judge. with A
keen glance at the blcated prisoner. whom
wardmen and officers of the law were al
ready congratulating profusely.
Order" continued the judge. Prisoner.
stand up! You are allowed to go upon
your own recognizance in the sum of $3.50"
Inc 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 ont of
every memory but mine and that of one
poor girl mourning in the New Hampshire
hills Fo