The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-06-02
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
i'll the statutory laws of Indiana, but
young Harvey tore the other boys
clothes, which was not fair, and so tho
victims mother set the machinery of
the law in motion.
1t was hot afternoon, and tho men
who were lingering in the shady places
around the little town were very glad
of somo excuse, however fragile. to keep
them from work, and the real fact was
that every man i'll town wanted to bo
Oh tho jury. although to hear them pro-
test one might get an entirely different
impression.
Asbury Summers was playing croquet
with three others OH 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
i'll an hour
"Well, if we could finish that soon
wouldn't mind it, +" said Asbury, and he
went along
They secured jury in very short or
der aud went i'll 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 tho
worst of it, as was shown by 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 n 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 i'll possession of the
courtroom.
AS is usual, the jury discussed tho
points for few minutes in 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-
mcnt began. Tho crowd under the win
dow couldn't really get much satisfao-
ton out of tho debate, because the
jurors seemed to be all talking at once.
Only once i'll awhile they could hear
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 quoted down
somewhat i'll the courtroom. The jury
took another vote, i'll which they stood
just tho 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 they lost interest to some extent
and struggled Off Later the people,
lingering i'll little groups on tho corners
and ut front gates wondered what was
the matter with the jury
The constable opened the door slight
ly now and then and pecped i'll. When
everything had got quiet i'll the town
the deputy prosecutor, with two other
men, came up the stairs and beckoned
to the constable.
How arc they getting alongf" ho
asked.
Seems to be a square stand off,
Lets have little game of cinch i'll
my office till they make up their minds. -
So the constable went back, and,
opening tho door slightly, looked his
charge over. Three or four were prop
ped back against the wall asleep and
one was lying on the table. The others
were sitting with their feet in tho 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 tho hail. and, seeing that the
constable's chair was vacant, no beck
oned to Doc Miller and one of tho letter
of the law men, who were the only
others awake, and they slipped out,
closing the door softly.
1T takes you fellows long time to
make up your minds,n said Asbury to
the letter of the law man. 81 believe
you arc trying to starve us to death"
II guess we get as hungry as you do.'
he answered.
My house is the nearest. We'll 20
there and get something to cat. -
So tho three went over to Asbury.s
md got lunch, and in about an hour
pley strolled back smoking 'rbo tow,