The herald., 1896-02-22

learns the consequences Of his unnatural
conduct, and I maintain, gentlemen Of the
jury, that 1t - he who should be standing
In the dock and not his son. s..
Silas Marston east down his eyes.
1.-THE prisoner, continued the learned
gentleman, when on the brink Of st.srva-
tion, fell in with a man, whose name has
been mentioned, and who may yet have to
answer for his share In this crime. For
motives Of his own, this man took pity on
him and fed him. 1t was he who induced
him to apply to the prosecutors for the
situation Of errand boy under an alias,
and It was In obedience to his command
that tho accused obtained the blank checks
and letters bearing the necessary sigma
tures. The prisoner could not refuse His
gratitude forbade.
"That the boy nature IL honorable and
scrupulous hsve proof. His father turned
him out of doors to starve, yet I have
failed to persuade him to reveal that stony
hearted fathers name and address He
has refused to bring disgrace upon his un-
natural parent by revealing his own name
to his counsel. I have nothing moro to
add, gentlemen, except to ask you to take
into account all the circumstances OF this
CASE II the aocused's father-the real
criminal-oould be called as a witness 1t
would relieve my feelings to examine
him.
He sat down. The Judge summed up
IN sentence and turned TO the Jury, a.
II expecting an immediate verdict Of
guilty"
1t was not forthcoming. Whispers passed
to and fro in The jsyy box. Silss Marston
took no part III the discussion. He had
written his verdict on slip Of paper and
handed 1t 70 the foreman. It was
guilty" Having done his duty, he had
apparently no further interest in the mat
ter.
well, gentlemenf" exclaimed the judge
In some surprise.
1--WE can't agree, :" said the foreman.
"Then you had better retire" was the
curt rejoinder.
The jury at once fled out Of the box
and followed an official to the room set
apart for them.
"Come, Mr.. Maydue" said the fore
man, addressing an elderly gentleman Of
benevolent appearance, "you are the only
dissentient. We cen add q rider reoom
mending tho boy to mercy. but on the evi-
denoe we m ust ind him guilty"
Certainly" added Silas Marston in
his most severe tone. ''The prisoner has
broken the law, and he must suffer the
penalty. He ought to consider himself
fortunate that he Is living at the end Of
the nineteenth century. 1t Is not so long
since the penalty Of forgery was DEATH"
Mr.. Maydue turned upon him in great
indignation.
For shame, sirl I thank God that
those horrible days are past. And you,
sir, ought to thank your Maker for giving
you different father from the brute who
brought this poor boy into the world. I
say he ought not to be made responsible,
and refuse to convict him. Gentlemen"
no went on, addressing the jury generally,
for Silas Marston avoided his gaze II ask
you to acquit the prisoner in mercy to the
miserable wretch who turned him adrift,
for If you do not nothing will save that
man from condemnation when he stands
before the Great Judge on the last day."
Pausing, he laid his hand on Silas Mars
toms shoulder and again addressed him,
"Are you father, sirs'
Yes" faltered the wretched man. He
was not prepared for Mr.. Maydue's sudden
attack, and the armor Of cold self right
eousness and self approval In which he
had SO long inoased himself was anything
but proof.
81 find 1t hard to believe you," Mr..
Maydue rejoined. "But II you really have
child picture 1t In the prisoners place
and let your heart incline to mercy"
Silas Marston sat down and covered his
face with his hands. He was beginning
to awake.
"Friends," Mr.. Maydue resumed, turn
ing to his fellow jurymen, ~ ask you to
find this boy not guilty. Let him have
another chance. Be more merciful than
his miserable father. Let that wretch an
swer for his neglect and cruelty himself
Don't let us do anything that may con-
strain us to stand beside him when he is
called to account. Temper justice with
mercy and let the boy CO.
"You plead we'll, sir,' answered the
foreman, "but I am Of Mr.. Marston's
opinion. The boy is guilty, and 1t Is our
duty to find him SO. Mercy Is the judges
prerogative. The most we can do Is to rec
ommend it. Are you i'll, sir?"
The question was addressed to S;.ef
Marston. He lifted his head. His mouth
and eyelids were twitchlng. he could not
answer. At last he was awake.
"Mr. Marston is Ill, +" the foreman went
on. "Comel Let us settle this matter and
go home. Now, Mr.. Maydue, II of US are
in favor Of oonviction'-
"No, mol" interrupted Silas Marston in
great agitation.
what! Has he won you oyers"
eyes. God help and forgive mel am
the boys father. All Mr.. Maydue has said
is true. I drove him from home. failed
In my duty. Let him 60, implore you'll
The tears were streaming down Silas
Marston' face now. His stubborn will
was broken. Mr.. Maydue broke the long
silence which followed that amazing ap-
peal
What Is the verdict to be-" he asked
"Not guilty" answered the foreman In
husky voice.
Five minutes afterward Tom Marston
was free. The judge discharged him with
out comment. He had long ceased to be
surprised at the vagaries of jurymen. 1t
is almost needless to add that the newly
awakened father took his son home.-Tit-
Bits.