The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-11-13
THE CRUCIAL TESTI

side, bearing unmistakable marks OF rough
handling. Saul Wray had been last seen
in his company, both men drinking heav-
lily and quarreling at frequent intervals
Late at night the two boon companions
staggered from the saloon along the road
where one of them was found killed the
next morning.
The other was afterward discovered
sleeping under haystack, his hands COW
cred with blood, his face cut and bruised,
his jacket torn down the front. The Jail
soon had him within its walls, charged
with the committal of the crime and the
good folks of the village were on the tiptoe
of excitement until the day of the trial ar
rived. The murdered man was dissolute,
idle character well known in the place
and there was but soant sympathy for his
untimely end. Wray was a stranger to the
place and was apparently a tramp.
In due course the term Of court came on
and Saul Wray stood arraigned before q
jury of his oountrymen.
Judge Grayson. who was trying the
case, was we'll known jurist of consider
able eminence, and had a reputation for
strict impartiality. The court was crowded
when the case began, and many eyes were
directed to the prisoner, who it was no
ticed by some particularly obssrvant indi-
viduals, seemed considerably startled on
seeing Judge Grayson take his seat on the
bench. A strange CLEAN came into his
eyes, while an unearthly pallor crept over
his swarthy countenance.
In low tone he pleaded 'Not guiltyI"
OF course the evidence was purely cir
cumstantial, but, nevertheless, sufficiently
weighty to remove any doubts which
might have existed regarding the prison
er's guilt.
There was a solemn hush in the court as
the prosecutor rose to his feet and prepared
to address the jury.
The prisoner leaned over the railing
front of the dock, still with his eyes fixed,
not on the speaker, but on the judge, who
leaned back in his seat, and with his hands
loosely clasped in his lap, his eyes half
closed, listened attentively to counsels
speech. Occasionally the court opened and
closed his fingers or toyed with his thumbs
abstractedly, but the prisoner at the bar
did not move a muscle or alter his keen,
curious gaze.
He was an uncouth looking individual.
Tall and loosely built, there was a GER
tain SLOUGH in his attitude that bespoke
the genus "loafer." He had a swarthy,
sun burned face, the lower portion of
which was entirely concealed by rough
tufts of tawny beard and whiskers, shaggy
and unkempt. His high, massive fore
head was crowned with iron gray hair,
a stranger to it.
His teeth were firmly clinched; he
breathed heavily; his eyes glowed with a
weird light as they remained fastened on
the face of the judge, who evidently did
not notice the fxity of their gaze. One
hand of the prisoner was tightly grasping
the rail in front of him; the other was
thrust into the breast of his coat.
It was easy to forecast the verdict when
just half an hour. The jury had their
minds made up.
When Judge Grayson directed them to
retire and consider their verdict the fore
man got up hurriedly and intimated that
they had already arrived at a decision.
''We find the prisoner guilty, your hon
or"
All eyes were now conferred on the pris-
oner, who drew long breath as the judge
turned toward him and in clear tones
asked if he desired to say anything before
Judgment was pronounced.
Saul Wray started, his eyes cleaning
with lvid intensity; he drew himself up
to his full height, crossing his arms on his
breast. There was a breathless pause, and
then there came but one word from the
cinched teeth of the prisoner at the bar:
''Brotherv'
Judge Grayson started violently, open
ing his keen gray eyes full on the speaker,
his face paling, his hands tightly clasping
the arms of his chair.
Brother William
Judge Grayson half rose to his feet, with
an exclamation of mingled horror and sur
prise, then sank back In his seat, trem-
bling visibly.
In deep tones the prisoner at the bar
spoke to him:
"You do not recognize me, Brother
William, and do not wonder, for it would
be hard indeed to know me now, so
changed am 1 from that brother who left
you years ago to seek his fortune in Cali
fornia. Yes, William Grayson, am your
brother Saul. I went to the bad long ago.
am at the end of my tether now. do
not ask your sympathy. 1 do not deserve
it. Do with me as you will"
There was low, indefinite murmur in
the crowded court as he stopped and bowed
his head, as if evoking Judgment.
Plying eyes turned on the judge, who
appeared crushed by the shock of the reve-
lation, and the prosecutor started up him
self as if about to speak.
Judge Grayson motioned him to desist
and rose to his feet leaning heavily on the
table in front of him. His face was white,
his features drawn; his lips moved several
times before speech came from them.
Prisoner at the bar
He stopped short and drew his hand
sharply across his eyes, then went On abb
ruptly:
"You have been tried and found guilty
of a most grave crime. The evidence
against you has fully convinced me of your
guilt. The jury, by their verdict, have in
dorsed that evidence and strengthened my
conviction. 1 have therefore no course
open to me but to sentence you to state
prison for the natural term of your life"
Saul Grayson lifted his head with start
of incredulity.
Judge William Grayson met his ques
tioning glance with q look of intense pain
and murmured in an almost inaudible
tone:
Brother, forgive meP'
He drew himself up with an effort and
motioned to the sheriff to remove the con-
demned man.
just one moment in deep silence in