Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-06-22
DISAGREED.

The trial I refer to was held last sum
mer, and was more or less irregular from
the beginning. The cause Of it was an
ordinary swimming hole fight, to which,
I believe, no specific reference is made
in the statutory laws of Indiana, but
young Harvey tore the other boy s.
clothes, which was not fair, and so the
victims mother set the machinery Of
the law in motion.
Tt was hot afternoon, and the mem
who were lingering in the shady places
around the little town were very glad
Of some excuse, however fragile, to keep
them from work, and the real fact was
that every man in town wanted to be-
on the jury, although to hear them pro-
test one might get an entirely different
impression.
Asbury Summers was playing croquet'
with three others ON vacant lot be-.
tween two store buildings.
"Why, I can't CO., he said to the
constable who approached him. Give
got business Oh hand. Why don't you.
pick up some of these fellows that have
nothing to do?'
ooh, come along, Asbury!" said Doc
Miller. "I'm going Well get through.
in an hour
"Well, if we could finish that soon l
wouldn t mind it, said Asbury, and he.
went along
They secured a jury in very short Or
der and went in to trial. The case.
seemed simple enough. There was very
little evidence to hear, and it was not
contradictory. 1t was simply plain
fight, and the Myers boy had got the
worst Of it, as was shown by a few
scratches ON his face and his torn
clothes.
1t was plain case. There was no
doubt that young Harvey was guilty of
the assault. The deputy prosecutor, in
the absence Of a lawyer for the defense,
stated both sides Of the case fairly, and
the jury retired-or, to speak precisely,
the squire and the audience went out,
leaving the jury in possession of the
courtroom.
As is usual, the jury discussed the
points for few minutes i'll a noncom-
initial way and then took vote. They
stood seven for conviction and five for
acquittal. After the first vote the lines
were sharply drawn and the real argu-
ment began. The crowd under the win
dow couldn't really get much satisfac-
ton out Of the debate, because the
jurors seemed to be all talking at once.
Only once in awhile they could haar
the voice of Asbury Summers i'll dec
laration something like this:
"You can talk till next week if you
want to, but I'll never vote to convict
It's against my principles. I'll give you
to understand right now, gentlemen,
I'm swimmin hole man.
Within an hour things quieted down
somewhat in the courtroom. The jury
took another vote, in which they stood
just the same, and then they began to
realize that they were in for it. The
crowd below understood from outward
signs that there was hitch somewhere,
and struggled off. Later the people,
lingering in little groups Oh the corners
and at front gates, wondered what was
the matter with the jury
The constable opened the door slight
ly now and then and peeped in. When
everything had got quiet in the town
the deputy prosecutor, with two other
men, came up the stairs and beckoned
to the constable
"How are they getting along?" he
asked.
Seems to be a square stand of. F."
Lets have little game Of cinch in
my Office till they make up their minds. "
So the constable went back, and,
opening the door slightly, looked his
charge over Three Or four were prop
ped back against the wall asleep and
one was lying OH the table. The others
were sitting with their feet in the three
outside windows. He tiptoed back and
said he guessed everything was all
right.
At midnight the jury took another
vote, and then most of them went off to
sleep again. Asbury Summers looked
out into the hall, and, seeing that the
constable's chair was vacant, he beck
oned to Doc Miller and one Of the letter
Of the law men, who were the only
Others awake, and they slipped out,
closing the door softly.
st takes you fellows a long time to
make up your minds" said Asbury to
the letter Of the law man. II believe
you are trying to starve us to death. /"
II guess we get as hungry as you do"
he answered.
my house is the nearest. Well 60
there and get something to eat -
So the three went over to Asbury's
and got lunch, and in about all hour
they strolled back smoking, The town
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