Gilpin observer., 1898-12-29
IN A TOUGH TOWN.
BONEY WALKER INSISTED ON
PLEADING oUiLTxs
An Incident In New Mexico-The Justice
of tire Peace Was Deeply Interested
In the Case and the Intelligent Jury
Acted Accordingly.

Dayton was tough town. They
were working on the railroad-the
railroad that never was finished. If
they had finished that railroad Dayton
would have been metropolis today
according to the Dayton belief, says the
Argonaut. Boney Walker, grader,
was up before the Justice of the peace,
charged with assault with intent to
XIII. There was no other kind of as
sault in Dayton in those days. 1t was
not such very serious charge, either,
put there were circumstances connect
ed with this particular case which
made 1t matter of interest to the
Whole community. In the irst place,
no one except tenderfoot would
ever have brought such charge
against a reputable citizen. There
We're other ways of settling matters
OF dispute which custom had made the
rule, and the people of Dayton dislik-
ed to see such radical change. Joe
Perry, the tenderfoot who brought the
charge, had been working for Walker
for several months, and had never
been able to draw cent of the wages
due him. Not only that, but he had
loaned Walker nearly every cent he
had in the world, and the outlook
ahead of him was mighty blue. He had
lived on frijoles and wormy bacon and
slept on the ground when he was out
on the grade, and camped in the cor
raj when he was in town. And all
the time he had been writing back east
to his folks, telling them that he liked
the West-it was such free and easy
life, and the people were so hospitable
and easy to get along with and his
health was better. 1t was all bluff,
of course. Walker was standing in
front of the postoffice one day when
Perry came out with a letter in his
hand and suspicious moisture in his
eyes. The letter was from home. His
mother was not as well as usual, the
letter said, and things were not going
as smoothly as they might. 1t wound
up by asking if he could not send a
rev dollars, as money was badly need
ed to buy her the little comforts that
sick person wants. Perry plucked
up courage, and, approaching Walker,
asked him for some money. Walker
pulled his revolver and struck the
rash young man vicious blow on the
mead; that was his reply-a character
lstlc one, indeed. 1t was, in fact, such
a natural thing for Walker to do that
the people of Dayton were surprised
greatly to learn that warrant had
been issued even. 1t must be under
stood that Walker had big contract
with the railroad company and was
In debt to everybody in the town. If
he cOnl1 kaan
were sold in the East he and his cred
ltors Doth stood a chance to get their
money. To ask him for money now
was, OF course, an insult. What else
could 1t be? But perhaps the tenderfoot
didn't know that. Justice of the Peace
Smith was not only one of Walkers
heaviest creditors, but he was on his
bond also. Walker wouldn't listen to
reason at all. He was guilty, he in
sisted, and glad of it. Even when he
was quite sober, early in the morning.
ne was defiant, and stoutly maintained
that he would have to plead guilty
So Justice of the Peace Smith took
MIN on to one side and talked to him.
Look here. Boney," he said, don't
throw us all down like this. Suppose
nave to send you up; where are we
going to get out? You'll lose the con-
tract and We'll lose our money. Never
mind your reputation, stand by your
friends
But Boney was obstinate and still
insisted that he was Obliged to plead
guilty.
For the better accommodation of the
jury and the rest of Walkers creditors
court was held in the old warehouse
between the cabinet and the brewery.
The Judge read the charge with a tinge
OF sarcasm in his voice. The defend
ant waived counsel and the trial pro-
ceeded.
Guilty or not guilty?" asked the
court.
The prisoner jumped to his feet
GUILTY." he shouted And I'm sorry
l didn't"
The court interrupted him. "The
prisoner pleads not guilty" the court
said, in blandest tones, not looking at
the prisoner, however. The Jury is
instructed to bring in a verdict in ac-
cordance with this evidence"
The prisoner sat speechless for n
brief time. He was overcome with yio-
lent emotion.
You're liar!" he shouted, getting
upon his feet at last. Il said guilty."
The court was entirely unmoyed.
Doubtless 1t was prepared for some
such outbreak upon the part of the
prisoner. The jury will now retire
and prepare its verdict" the justice
said, calmly.
In the poker-room in the rear of
the cabinet the jury deliberated over
Its verdict. The expense was borne
by the court, who had accompanied