Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1895-07-25

What sort of voice was the voice of
the man in the grove that evening?
asked with all the unconcern which
could assume
But the judge and my learned
brother on the other side and the
jury-and more especially the fore
man of the jury-grasped at once
the Importance of the question
saw that fact visible; the strained
look of attention on all their faces as
they breathlessly awaited the answer.
The die was cast However the an
swer might be-favorable or unfavor-
able to the prisoner at the bari saw
was bound, and would be obliged to
pursue the matter to the end 1 had
the occupants OF the jury box particu-
larly under my gaze. ] watched. as
every counsel does. the effect of each
tatement on the jury, SO far that
effect manifests itself on their faces.
noticed that the foreman of the jury
rather young man, with a self-ab-
sorbed manner-listened for the an
swer of the blind witness to my ques-
ton with the most intense and pain
full anxiety. The reply of the witness
followed quickly on my question.
1t was deep voice. said the blind
witness.
How my heart jumped at the an
swer! Here was the first important
point for the defense.
Would you recognize that voice
again?' 1 asked. The witness said
Yes and everyone believed him, for
the extraordinary keenness of hearing
in the blind is a well-known fact. l
began to entertain some hope for the
prisoner.
MY lord I said. turning to the
judge, I should like the prisoner to
speak few words. 1 am sure you rec
ognize how essential it is for the pur-
pose of my cross-examination.'
Certainly, certainly said the
judge. Prisoner at the bar. be pleased
to address a few words to me-
- My lord exclaimed the prisoner,
in tones of the deepest feeling, before
God I protest that 1 am innocent of
this crime
The voice of the prisoner was, in
/ its intense earnestness, shrin and
| piercing. 1t certainly was not deep
voice.
'''Weu,' said I, resuming my cross-ex-
animation of the blind witness, lis that
like the mans voice you heard in the
grove, before the shots were fired?
g No. said the witness, not bit
like it.
You are sure of that?' 1 asked.
I" I could not be surer of anything
he again replied.
Il scrutinized the foreman of the
| jury again. He seemed to be 1aboring
under the greatest agitation. When
the judge had reviewed the evidence
! the jury retired; and after an hours
| oh Sanaa rot cd w.t. A -
! the foreman handed the issue paper to
the clerk of the crown.
- Gentlemen of the jury, you agree
to your verdict?' asked the clerk of the
| crown.
Yes responded the foreman, in
deep voice.
| The blind witness, who sat in the
we'll of the court, just below me, now
| started up, laboring under the most in
! tense excitement, and fixing his sight
less eyes on the jury box, listened in
tently for the declaration of the YER
dict.
You say the prisoner is guilty?'
continued the clerk of the crown.
Yes, my lord, guilty responded
the foreman, in his deepest and most
solemn tones. and with a remarka BILE
emphasis on the word guilty
But it was not for the verdict that
the blind witness had been listening
| It was the voice OF the foreman of the
jury, which stirred him to the soul,
and when it fell a second time on his
ears, he loudly exclaimed:
My lCrd, my lord, that's the voice
I heard in Burton Grove just before the
murder. That's the man. and extend
ing his right hand, he pointed in the
direction of the foreman of the jury.
You can imagine the profound eX-
element which this sudden and most
unexpected scene created among the
crowded and overweight occupants
of the court. It was the most thrilling
moment of my experience as an advo-
cate.
''All eyes were turned on the fore
man of the jury. His face was hvid;
he nervously clutched the desk in front
of him; and, as if physically unable to
remain standing, dropped heavily into
his seat.
THE prisoner, in reply to the clerk
of the crown, protested that he was in
nocent. while the judge, in another
moment, put on the black cap and SEN
fenced him to death.
Turner was Immediately removed
from the dock. Baron Graham, with
characteristic imperturba bleness, de-
clared the court adjourned. The fore
man of the jury-pallid and broken
| rraDe6 his xvav rather than ualixad on Z