Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1895-03-14

by the court to examine him nov reported
that his ailment had become chronic, and
that it would not put his life in jeopardy
to have him carried into court while his
trial was in progress.
When little Ann informed her lover of
the action of the authorities, and that
his trial would begin the next week, Burt
merely closed his eyes and murmured:
poor fools! But l suppose it was the
only thing they could do, little Ann"
Burt's case had already become a most
celebrated one, both in his own and the
adjoining counties, and had the court
house been as large as the Coliseum ut
Rome it could not have accommodated
the vast %concourse Of people that poured
into the county seat on the opening day
of the trial. A number of special officers
were sworn in to maintain order in and
around the courthouse, among them Jack
Canef. whose reformation now seemed
complete. His neatness of appearance
and old-tilne jaunty air were remarked BY
everybody. Armed with his staff of Of
fee, he exercised with great dignity the
duty of keeping order in the main aisle
of the courtroom. And here, too, during
recess and before and after the daily
sessions of the court, Jack, always sur
rounded by u group of breathless listen
ers, held forth in eloquent manner on the
question of the mysterious killing of
the New York banker, always ending up
his speech with a solemn asseveration
that Burt Tyler was as innocent of the
murder as a newborn babe. The people
believed him, too. In fact, it was hard
to find any n ready to lay the awful
deed on Burt's shoulders, although many
were forced to admit that appearances
were against him. The first day of the
term was consumed in securing a jury,
and by consent of counsel and special
order of the Judge, Burt was not intro
duced in court.
On the morning Of the second day. amid
a silence as deep as death itself, the
prisoner. stretched upon an iron bedstead,
the clothes of which completely covered
his twisted and shrunken limbs, leaving
only his head and face exposed, was gent
~ and tenderly carried into the court
room.
The Careys were permitted to take
seats beside him, little Ann at the head
of the bed, where she sat with her loving
and hopeful eyes fixed upon Tyler's face.
Burt paid little or no heed to the pro-
ceedings. Occasionally his lips would
move, and a smile faint and sad would
light up his c~ountenance as he fixed his
large, lustrous eyes, now apparently the
only part of him alive. upon little Ann.
Burt's perfect Indifference to his fate
had in some way or other inspired little
Ann with an idea that this whole solemn
proceeding was in reality nothing more
than an empty. though necessary and
painful, ceremony. She had been inform
ed that she would be called to the stand
and questioned very closely by the prose-
cutting attorney. But what did she know?
What could she say but to repeat her al
ready thousand times expressed opinion
that her lover was as guiltless of the
bankers death as she herself?
Her composure was admirable as she
detailed her last interview with Tyler,
particularly on the night preceding and
the morning of his start into the woods
with Mr.. Norris.
Burt had turned his head and lay with
his gaze riveted upon the speaker. At
times his lips moved and tears broke over
his eyes, giving them a most tender and
pitiful expression.
All vent well until the prosecuting at
torney, STOPPING down, drew from drawer
Of the table at which he was standing a
small workbox of polished wood. It's COW
er was most ingeniously inlaid with bits
of different-colored woods, forming a
pleasing mosaic. in the center of which
appeared the initials A.. C.. Inside were
the usual compartments of a lady's work
box, each being lined with velvet and fit.
ted with covers having little ivory knobs.
The box had been a Christmas present to
Ann from Burt the year before, and made
as it had been completely by his own
hands, she priced it very highly; but not
a shadow of a suspicion that any point
was about to be scored against her poor
lover came over her face as she saw the
little box held up before her.
'Is this your property, Miss Carey? ?"
was the question put to her.
ut is"
From whom did you receive it,"
."It was a present from Burt last Christ
mas"
HAS it been out of you possession.
Miss Carey?' pursued the attorney, in a
mild but measured tone of voice, "since
that day.?
$50 far as I know. sir" replied Ann,
'it has not"
did you ever see this ring before, Miss
Carey?" asked the attorney.
"Never, sir" was the firm reply that fell
from AIMS lips.
THAT will do, Miss Carey" said the
attorney for the State quietly. I'VE have
no more questions to ask you"
Ann resumed her seat at the head Of
Burt's bed. A slight pallor had settled
upon her cheeks, but the same sweet,
hopeful smile was there.
A constable was now called to the wit
ness stand. He testified to the searching
of the Careys' house and to his finding the
wOrkbox in a small closet built into the
side of the chimney, and not visible from
the center of the room. A question from
the prosecuting officer drew forth the
fact that the ring was in the box when
found, al above described.
I'VE now call our last Witness" re-
marked the States attorney.
The person designated, a clean-shaven.
gray-eyed man of about fifty, a we'll
known chemical expert, stepped forward
and took the witness chair. The prelim-
mary statements of this gentleman set
forth when, where and under what cir
cumstances the ring came into his DOS
session.
did you find any marks, stains or dis
colorations upon this ring?" queried the
prosecuting attorney.
Burt's eyes were closed. Little AIMS
Inns M VtoJ onI Gov tho ,,ov,, E~.A 49,. -