Democratic Northwest and Henry County news. [volume] (Napoleon, O. [Ohio]) 1894-1905, 1897-06-10
DISAGREED.

The trial / 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,
believe, no specific reference is made
in the statutory laws of Indiana, but
young Harvey tore the other boys
clothes, which was not fair, and go the
victims mother set the machinery of
the law in motion.
1t was a hot afternoon, and the men
who were lingering in the shady places
around the little town were very glad
of some excuse, however fragile, tokeep
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.
Asbpry Summers was playing croquet
with three others on a vacant lot be-
tween two store buildings.
"Why, can't CO." he said to the
constable who approached him. "Ive
got business on hand. Why don't you
pick up some of these fellows that have
nothing to dor"
"Oh, come along, Asbury!" said Doc
Miller. I'm going. Well get through
in 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 in to trial The case
seemed simple enough. There was very
little evidence to hear, and it was moi
contradictory. 1t was simply plain
fight, and the Myers boy had got the
worst Of it, as was shown by few
scratches on his face and his tori
clothes.
1t was a plain case. There was M
doubt that young Harvey was guilty O.
the assault. The deputy prosecutor, il
the absence Of lawyer for the defense
stated both 6ides of the case fairly, ant
the jury retired-or, to speak precisely
the squire and the audience went out
leaving the Jury in possession of tn
courtroom.
As is usual, the jury discussed th,
points for O few minutes in noncom
initial way and then took o vote. The.
stood seven for conviction and five fo
acquittal After the first vote the line
were sharply drawn and the real argu
ment began. The crowd under the win
dow couldn't really get much satisfac
tion out of the debate, because tn
jurors seemed to be all talking at once
Only once in awhile they could hea
the voice of Asbury Summers in dec
laration something like this:
"You can talk till next week If 20
want to, but I'll never vote to convict
It's against my principles. I'll give 20
to understand right now, gentlemen
: I'm swimmin hole man."
Within an hour things quieted dow
somewhat in the courtroom. The jur
took another vote, in which they stoo
just the same, and then they began
realize that they were in for it. TIL
) crowd below understood from outwar
signs that there was hitch somewhere
and they lost interest to some exter
and struggled of. Later the people
lingering in little groups on the corner
t and at front gates, wondered what ws
e the matter with the jury.
The constable opened the door sligh
: ly now and then and peeped in. Whe
everything had got quiet in the tow
the deputy prosecutor, with two othe
n men, came up the stairs and beckone
to the constable.
= How are they getting along?" /
asked.
i. "Seems to be square stand off,"
J Lets have little game Of cinch
d my Office till they make up their minds.
So the constable went back, ant
e opening the door sli1htlv Looked b