The Dawson news. (Dawson, Ga.) 1889-current, 1897-05-26

grave entct on my7mipd in const0ar,ps 9,
the charges against the accused man
1t was an awfully nerve doS+rovin,,
Drain firing task SITTING nm there for 5oE,s
and days listening to the testimonv Of go
49,. Che arguments on the introduce
i I,ol VI certain kinds of testimony by the
l""gerS ana The reading Of law from the
lawyers. " ~ 'Aio
-, AS lar as the lawyers were concerned
Ihelr nttIe side speeches, repartee and re-
lorCS ulo not cut the slightest figure with
me noticed that their fierceness in de-
oale dld not extend to ferocity in the ele-
'aCorS or In the halls and made I'M NV
inlnQ mat 1t was most of it done for effect
1here was one curious thing about the
bringing out of points in evidence. When
witness would be brought on the stand
aiCef Delng sworn and would get down to
Che story of the shooting, l would feel that
ne was going to identify O'MaIley or San
Try Now, if he had gone on and said IT
saw Thomas F, O'Malley there at the time
OF the shooting, it would have impressed
me or 1t would not have impressed me, ac-
cordlng to my belief in the truth of his
story.
But when the witness, by careful and
impressive questions, was brought up TO
the scene of the shooting; when he was
asked IN detail the position of himself the
tables, the ballot box, door and the man
who was killed; when he had been led nm
TO the question of positive Identification
anu IN response to question of whether
ne recognized any man that night who
n hn
to his answer of I do, he was asked TO
point out the man, and with Thou art
Uhe man air of accusation he pointed to
one OF the accused, l confess it impressed
me. l realized the artfulness of it. the
stage accessories, if you like, of the slow
rumble OF portentOus questions like the
roll of stage thunder. The evident intent
soon revealed itself and I was fully pre-
pared for the alleged Identification. and
yet in spite Of all this and temperament
not prone to be swayed by excitement, I
realized that this touch of the dramatic
had had its effect on me and that [ must
think of 1t only in it's everyday and not it's
theatrical effect if l wished to do Justice
to the accused.
"Of the Oratory I can say that it did not
weigh grain with me. think possibly
lawyers may felicitate themselves that my
speech did it, as have heard them cav,
but l believe the combined oratory Of both
sides was really to us - men, and know
it was to me, all sound and fury, signify
ing nothing.
"As the case progressed lost in weight
and became nervous. Had it continued
much longer believe [ should have fallen
81 ol-
as the time passed, and as the trial grew to
close the sense of personal responsibility
which had weighed heavily on me began
to grow lighter and lighter so far as O'Mai.
ley was concerned, and the question SEEM
ed one to me personally of whether or not
Santry was guilty man.
Il was heartily glad when both sides
finished their evidence, and as far as
O'Malley was concerned my mind was
made up before the final speeches were
made. believe we were all of a mind re-
garding O'Malley and recollect smiling
as we filed in to hear the lawyers talk and
saying to myself and now for a flood of
Oratory.' The speechmaking was an I'M
mitigated bore to me, mostly, but the law
yers analysed and compared and quoted
and vociferated and gesticulated and shout
ed and kept at us for days.
"Then came the instructions of the
court. Now, l can say frankly that these,
as coming from the court and being his
opinion of the law governing the case, l
was anxious to hear and listened to very
carefully. They were many and lengthy,
but they aided me materially, especially as
to the reasonable doubt in murder case.
eve got into the juryroom and the door
was closed I don't think l ever saw II
men more visibly filled with strong excite
ment. 1t was not of the demonstrative
kind, but it was apparent. A little while
passed, rs we took up O Malley's case first,
and then, as soon as any expression was
had, it came like flash, 20 Malley is in
nocent. There was no talk, hardly. 1t
was just as though it blazed from man to
man in one leap like prairie fire o NAL
ley is innocent.
Gas to Santry's case, there was some ar
gument, but it drifted steadily to the mans
favor, and we finally agreed to acquit him
also. You know the scene at the acquittal
The Lord preserve me from another expe
rience of that kind; it IS terrible in its wear
and tear of the nerves"