Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-04-23

to tho court.
II understand" he said, "that the pris-
oner was sent away from home only few
months ago TO sink or swim. He had dis
Obeycd his father, a man of considerable
means, who turned him out of doors. l do
not envy that mans feelings when he
learns the consequences of his unnatural
conduct, and maintain, gentlemen of the
jury, that it is he who should be standing
in the dock and not his son."
Silas Marston cast down his eyes.
"The prisoner" continued the learned
gentleman, "when on the brink of starva-
tion, fell In with 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 tho
situation Of errand boy under an alias,
and 1t was IN obedience to his command
that the accused obtained the blank checks
and letters bearing the necessary sigma
lures. The prisoner could not refuse. His
gratitude forbade.
"That the boys nature Is honorable and
scrupulous have 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. have nothing more to
add, gentlemen, except to ask you to take
into account all the circumstances of this
case. II the accused's father-the real
Criminal-could be called as a witness, it
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"
twas not forthcoming. Whispers passed
to and fro In the jury box. Silas Marston
took no part in the discussion. He had
| written his verdict on slip of paper and
handed 1t TO the foreman. 1t was
"guilty." Having done his duty, he had
apparently no further interest in the mat
ter.
well, gentlemen?'' exclaimed the judge
in some surprise.
"We can't agree, said the foreman.
"Then you had better retire" was the
curt rejoinder.
Tho jury at once flea 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 can add rider recon-
mending the boy to mercy. but on the owl
dence we must find him guilty"
Certainly" added Silas Marston in
his most severe tone. 1.-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 80 long
since the penalty Of forgery was death"
Mr.. Maydue turned upon him in great
Indignation.
For shame, sir! l thank God that
those horrible days are past. And you,
sir, ought to thank your Maker for giving
you a different father from the brute who
brought this poor boy into the world. /
say he ought not to be made responsible
and refuse to convict him. Gentlemen"
he went on, addressing the jury generally,
for Silas Marston avoided his gaze, ri ask
| you to acqnlt the prisoner in mercy to the
miserable wretch who turned him adrift,
for II you do not nothing will save that
man from condemnation whom he stands
before the Great Judge on the last day. :"
| Pausing, he laid his hand on Silas Mars
| toms shoulder and again addressed him,
faro you father, STRIP
| Eyes" 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 lie
had SO long incased himself was anything
but proof.
1 II find it hard to believe you," Mr..
| Maydue reioined. "But If 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, II ask you to
find this boy not guilty. Let him have
another chance. Be more meroiful 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."
1 "You plead we'll, SIR" answered the
foreman, but / am Of Mr.. Marston'a
opinion. The boy is guilty, and it is our
duty to find him SO. Mercy is the judge
| prerogative. The most we can do Is to REQ
ommend it. Are you ill, sirp"
The question was addressed to Silaa
Marston. He lifted his head. His mouth
and eyelids were twitchlng. He could not
answer. At last he was awake
"Mr. Marston Is i'll, I" the foreman went
on. "Comel Let us settle this matter and
90 home. Now, Mr.. Maydue, II Of us are
In favor Of conviction'-
"No, nol'' interrupted Silas Marston in
great agitation.
What! Has he won you oyerp"
Yes. God help and forgive mel I am
the boys father. All Mr.. Maydue has said
| Is true drove him from home. failed
In my duty. Let him 60, implore your
1 The tears were streaming down Silas
Marston's face now. His stubborn will
was broken. Mr.. Maydue broke the long
silence which followed that amazing ap-
peal.
"What Is tho verdict to be?" he asked.
mot 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 vag -ries IT jurymen. II
Is almost needless to add that the newly
awakened father took his son home. Tit
Bits
Huxley's Lectures.
j Huxley, like Tyndall, was always care.
4 full to have his lectures fully prepared. A
few notes jotted down on . fly sheet Of pa
per or In small notebooks were the only
rnide for the full hour. which to most Of