Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1896-05-16

icdlhS thc CunSttutucts VI MS uhhstt
ural conduct, and | maintain, gentle
men of the jury, that II is he Who
should be standing in the dock and not
his son"
SilaS Marston east down his eyes.
The prisoner" continued the learn
ed gentleman. when ON the brink OF
starvation fell In with a man, whose
name has been mentioned, ana 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. IL was he who induced him 10
apply to the prosecutors for the sttua-
ton of errand boy under an alias, and
it was in obedience to- his command
that the accused obtained the blank
checks and letters bearing the neees-
sary signatures. The prisoner could
not refuse: his gratitude forbade,
That the boys nature Is honorable
ana scrupulous | have proof. His
father turned him out of doors to
starvc, yet | have failed 10 persuade
him TO reveal that stony hearted faith
er's name and address. lie has ~
fused to bring disgrace upon his I'M
natural parent by revealing his own
name to his counsel, | have nothing
more to add. gentlemen. except to ask
you to take into account all the circum
stances OF this ease III the accuseds
father-the real criminal-could BE-
called as Il witness II would relieve
my feelings to examine him.
He sat down. The judge summed
up in sentence, and turned To the
jury. as If expecting an immediate
verdict OF guilty"
1t was not Forthcoming. Whispers
passed to and fro in the jury box.
Silas Marston took no part in the dis
cussion. He had written his verdict
ON a slip OF paper and handed Ii 20
the foreman. Ii was guilty" tiav-
ing done his duty, he had apparently
no further interest in the matter.
We'll. gentlemen:' exclaimed the
Judge in some surprise.
I'VE can't agree, said the foreman
Then you had better retire" was
the curt rejoinder.
The Jury at once filed ont OF the noN
AMI followed an official To the room set
apart for them.
Conc MIR Maydue," said the fer
man. addressing an elderly gentleman
OF benevolent appearance. You are tlie
only dissentent. We can add q ride
recommending the boy TO mercy, hut,
on the evidence. we must find him
guilty"
Certainly" added Sllas Marston in
his most severe tone. The prisoner
has broken the law, aud he must auf-
fer the penalty. He ought To consider
himself fortunate that he Is living nj
the end of the nineteenth century. u
Is not 50 long since the penalty for
forgery was death"
Mr.. Maydue turned upon him IN
great Indignation.
For shame. sir! | thank God that
those horrible days are past. And YOU,
| sir, ought to thank your maker for
| giving you u different father to the
| brute who brought this poor boy into
the world. say he ought not to bc
made responsible. and refuse To con.
| Wet him. Gentlemen" he went on.
addressing the jury generally, for SIlas
| Marstou avoided his gaze. II ask You
| to acquit the prisoner In mercy To the
/ miserable wretch who turned him
| adrift. for II you do not. nothing Will
/ save that man from condemnation
I when he stands before the Great Judge
on the last day" Pausing. he laid his
hand on Silas MaTston's shoulder, and.
/ again dtNlEtS3iuE illiitF Sdhs sttF Nbtt
| fatherf'
Yes" faItcred the wretched man.
He was not prepared for Mr.. Mayduc's
sudden attack. and the arnor Of cold
acknowledgements and self-approyal IN
| which he had 20 long encascd himself
was anything but proof.
II lind it hard to believe you" Mr..
Maydue rejoined. But IL yon really
have a child picture II in the prisoners
and let your heart incline to mercy"
Silas Marston sat down and covered
his face with his hands. He was 10
ginning to awake.
Friends Mr. Maydue resumed
turning to his fellow lurymen. n ask
you TO find this hoy not guilty. Let
him have another chance. I;e more
inerciful than his miserable father.
Let that wretch answer for his neglect
and cruelty himself DO not let us do
anything that will constrain us TO
stand beside him when he II called 70
account Temper justice with mercy.
and let the hoy CO.
You plead well, sir" said the fore
man of the jury. but I am OF Mr..
Marston's opinion. The boy IL guilty.
and 1t il our duty TO find him So Mcr.
cy is the judges prerogative. 'i'hc
most we can do Is to recommend IL.
Are you Ill. sirT'
The question was addressed to Si:as
Marston. He lifted his head Hi,
mouth and eyelids were twitchIng he
could not answer. At last lie was
awake.
Mr. Marston IL ILL.," the loren mn
went ON. Comet Let us settle this
matter and 60 homo. Now. Mr.. May
due, eleven OF us are In favor Of con.
viction--"
NO. no." interrupted MIR. Marston
In great agitation.
What Has he won you overf"
Yes. God help and forgive me,
am the boys father. All Mr.. Mayduc
has said Is true. drove him away
from home. ! failed In my duty. Let
him go. implore you!"
The tears were streaming down SiIas
Marston's face now. His stubborn will
was broken. Mr.. Mayduc broke the
long silence which followed that
amaZiDg appeal.
What Is the verdict to be-" he
asked.
Not guilty" answered the foreman