Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1895-03-07

10 O'Clock
jerks left bis home al 219D Freroat
avenue south at T05 o'clock. He
walked d0wn 20 the Junction Of the
street car lines on Lowry HM and took
the nrst car that came bound toward
he city. He did not enter the ear. but
stood ID the vesribuie. When the car
reached Lorng Park be Jaw a man
running along beside the bin board
which skirts the vacant lot east o.
kenwood boulevard To all appear-
ances he was e18eavoring 10 catch the
car. The conductor pulled the bell
cord and the car slowed down The
man stopped running. Two more Jerks
OF the cord and the car started again
and passed the corner.
who was the man you a w ?" asked
Mr.. Hall.
lit vas Harry Hayward"
sHe's a LIAR
hissed the flushed and nervous pris-
one-. For fully a minute. during which
an impressive silence rested rpon the
court room. the accuSer and accused
looked each other In the Eye. Then
jerks turned his face away and a
smile. balf OF pity and half Of mocke-y
curled his lip.
w. W. Erwin referred 10 that smile
later and attempted 10 argue that IL
was indicative Of insincerity on the
part Of the witness. jerks was angry
and turned In appealing look 10 the
court. Judge Smith scowled over his
eyeglasses and suggested that he post
pone his arguments about the wftnesS
appearance until he could properly
place them before the jury.
That was not the only TIT between
the witness and the attorney for the
defense. While Erwin was conduct
Ing his cross-eXaIninatioD he said:
"Now, you seem TO have 4 pretty
story fixed up and"
Han objected and the court sus-
tanned the objection. saying that the
eonnSel must treat the witness with
reSpect Erwin was in an irritable
fame Of mind and ca~ustically re-
marked that ne would postpone his
respect until he knew IL was being
f.tingly bestowed. This put jerks on
his metal and he retorted that as far
as he vas concerned no p~ostponement
of respect was necessary, IS he had
none for the attorney. Judge Smith
became very angry and reprimanded
both heIligerents.
Anu Aus fArr NJAAsltuTN-
The peculiar feature OF Mr.. jerks
testimony Is the ann In which he
established his Identification Of Harry.
He admitted that he did not know the
defendant even by sight, but happened
to be near the jail n day shortly az
ter the trial began and saw Harry run
with his escort OF deputies and police
officers. That settled IL; Ii was the
A A--.sr --, - 80 ma, An InN nnvfr
aYenue-the most peculiar run jerks
had eve seen.
Erwin's best efforts failed 10 shake
the witness story.
Another Sensation.
The cream OF the sensations anne
after court had been adjourned. Judge
Smith had passed put into the ante
room and the crowd had disappeared.
A dozen newspaper men and deputies
remained. Adry Hayward was sitting
at the rear of the rallied enclosure and
Harry beside the attorneys table. The
latter suddenly turned upon Erwin
and said: at makes me tired TO see
that - - brother OF mine get OF
and I held here as a prisoner"
Erwin made some soothing remark,
Uuk IL was uAltfJNlCru. ildAA III
ued: "I've a good mind 10 have a
warrant sworn u and get the -
- fool locked up. Lord knows he
deserves it."
ITS hard, / know. bue better be
calm" replied the attorney; "you can
have him arrested later"
"No. that won't do. He's done
enough to Injure me. I'll fix the -
At every word Harry's passion rose
higher and higher: he was flushed and
trembling.
Don't lose your temper" ad-
monished Erwin.
Harry paid no attention. I've a
notion TO give IL TO The newspapers
now. Funny that a man should be
such a child OF misfortune a. to be
burned out FIVE times. / can send him
10 the ~penitentiary for twenty years"
BY this time Adry had put OF his
coat and started to 20 out He saw
his brothers agitation and stopped.
Harry saw him. Els fury broke
loose in a terrible threat: "Oh, I'll
have you wearing stripes inside OF a
year. You won't need a deputy to
watch over you then"
AuTy meTe1f SaibiSE. II WAS NOT Il
smile betokening either amusement or
scorn. IL vas a smile Of commisera-
ton. He replied: Harry. I wish
something better for you: I hope you
viii get out and go free all the rest
OF your days"
"Ill see who gets the worst Of this,
you contemplate - I'll fix you
Why, | know enough about you to send
you TO saltwater for ten years"
Aary did not make reply. Harry
caught his breath and began again.
Il can prove that you are a highway
man snd have set five fires. IL that
Isn't enough I can bring out something
that will"
At this point the deputy sherifs In
terfered and the encounter closed.
Deputy Marsh hurried Adry of, and
In three minutes Harry was his old
self.
1t vas m awful display OF temper,
n just what one might azpect from
a man who feels the gibbet's moose
tightening about his neck.
Nearly n Century Old.