The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-12

furnlSh testimony in behalf of this prfs-
oner. and legal counsel for his defense
to which, under the statutes vf your
Territory, he has an absolute legal
right You. Mr.. Justice"-and he thrust
a warning finger almost into the teeth
OF that blear-eyed dangerous individual
will either grant the new trial we
ask or / shall ride to the nearest tele-
graph station and wire the United
States marshal at Cheyenne a full report
of your proceedings and ask the district
court to order your arrest and arraign-
ment."
This bold speech had an almost cleo
trical effect. The crowd fell away from
the table at it's close, and some even
moved back nearer to myself and CALM
ger. me threat of an appeal to the
United States marshal evidently touched
the justice and the sheriff in tender
spot, and the boldness and authority of
Ads manner must have convinced them
of his ability to invoke those potent
powers. They conferred together in
whispers for moment, and then De
Land, the justice, spoke. He assumed,
as well as his half drunken condition
would permit, an air Of easy nonchal-
ance.
Eff y'u fellers is RELY wat y'u says"
ne drawled. lawyers a KNOWN NV tn
law, an y'u hes new everdence tn in
terjuce, this hyar court'll jes call the
jury back tn set on tn case, en- this
courtn change the verdick for cawse-
fer cawse. see? But, lookee, Mr..
Lawyers, they haint no sech thing as
grantin' new trials in this court. Savoy?
Call tn jury, Mr.. Broadly, en- we'll see
wat these yere gen'lmin hes III say"
And he very gravely and with studied
elaboration took his seat
Ad turned to me for an instant and
despite the seriousness of the case. a
hic
HOPE sprang up in us. If We could only
keep bold front and cheek" it out
we might even yet win Gallinger back
to life and liberty AID came over to me.
cool and collected.
Now" said he, I'll get them to de-
lay while you jump pony and ride after
some law books. Get out of this and
ny, and bring all you can carry"
he then turned to the court and
asked for delay until / could ride to the
Half Moon ranch for our books of law
and authority After some consulta
tlon between Broadly and De Land this
was granted
Five minutes later 1 was Gathering
away toward the ranch, and at shutdown
L returned with a sack of books tied to
my saddle behind.
The court had adjourned for supper.
leaving guard over Gallinger, who was
furnished with some crackers and coffee
Fellow ana coaxing him vainly to eat
Ad was feeling almost as respondent as
the unfortunate roy himself. He took
me one side presently and told me that
waters, In my absence, had been steadily
plying the crowd with drink and talking
even to the jurymen against Gallinger
1t had been a mistake he said, waiting
for the law books. We ought to have
struck while the iron was hot and the
men in a mood to listen. He did not
now believe that we stood any show of
winning. But we piled our law books
upon the table-"Kent's Commentaries"
Coke upon Littleton" and copy of the
institutes of Justinian." in Latin and
English. In all we had nine formida BILE
volumes with which to confront the
primitive court of Judge Lynch. Then
with heavy hearts we awaited develop
mems.
Presently the court and it's motley at
tendants came struggling in. There
were two smoky lanterns burning, hung
to the beams above either end Of the
table. By the light Of these we were able
to take note of the crowd as 1t gathered
In the room again. A brief survey left
little hope in our minds for the safety
of our client. There was a drunken,
stolid stare in the eyes of most of the
jurymen and a general threatening as
pect in the crowd.
Boys as we were, we fully realized the
peril Of the situation. This drunken,
frontier mob had been insiduously
worked up to the lynching point-the
sentiment turned, by drink and per-
suasion, completely against us. 1 noted,
however, as Broadly and DeLand came
In and seated themselves. that they cast
their eyes upon our array OF law books
with some show OF surprise and even of
respect They had probably never seen
so much legal authority brought to-
gether in all their adventurous Western
experience-perhaps, in all their lives.
AID lost no delay in opening the case.
He called me to the witness stand to
tell what 1 knew Of the quarrel at
Shields camp between the defendant
and Waters, and also to testify as to
Gallinger's lifelong character
Then he took the stand, and, under
my questioning, swore 20 substantially
the same facts We were both able to
identity the pony-which had been point
ed out to us outside-as the same which
Waters had claimed at the railroad
camp.
Gallinger, also, was called on to speak
in his own behalf, which he did, telling
his story in pathetic whisperings which
brought tears into the eyes of his i'm
promptu attorneys, in spite of their ef-
forts to seem calm and confident But
the jury and the crowd remained stolidly
Indifferent.
When Waters was called on by Broadly
to take the stand-lterally a stand"
leaning against the wall-and tell his
story in rebuttal-to which we, of course,
could not object-he swore positively
that he had never released his owner
ship OF the pony. but had ben huntin'
fer the critter off n on" ever since it
strayed. AN gen'Pm'n.'' the fellow
concluded turning shrewdiy to the jury,
"s'posen 1 he'd of said / didn't hev no
use fer the burned bronco whilst / was
at OIL Shields camp, / didn't hev no use
fer him whilst he was lame"
That's so; you bet!' came from the
crowd. "'e never give up no pony"
And the logged ones Of the jury nodded
assent with emphasis.
Its all day with poor Gallinger." 1
whispered to AID. But my partner
turned coolly to the judge. and in the
calmest and most deferential manner,
said:
Your Honor" with JUNCTION of en-
phasis, this last admission OF the only
witness in the case against our client
takes away any necessity for an argu-
ment on our part
With the utmost confidence and
authority in his manner, Ad advanced
to the table and took up the Institutes
of Justinian." Your Honor" he re-
peated impressively, ''let me read the
law for the benefit of these gentlemen
sitting as jurors in your honorable
court