Iron County register., 1898-04-28

| COu4u NOT say; only the superintendent
OF the smelter could tell that; he kept
run of the lots that came in. The wit
ness had made most of the assays of
late, but quite commonly the samples
had been simply numbered so that he
had no means of knowing from which
mine they came. Again Mr.. Criley
smilingly waived the privilege of cross
examination and Bartels saw the wit
ness leave the chair with feeling that
his cause had gained nothing by this tes-
timony beyond the consumption of
time. But it was now six minutes be-
yond the regular hour of adjournment
and he felt measurably content as he ad-
dressed the court, making a motion that
the jury be taken through the workings
of both mines the next day, a motion
| promptly denied. Each side in con-
| troversy, his honor declared, was at lib
| erty to bring into court such maps,
| drawings or other documentary evil
! dence as might be thought necessary
to make clear to the jury the points in
| dispute; but he saw no reason for vast
! ing the time of the court in what would
| be simply a day of junlleting in the
| mountains.
AS Bartels had ceased to look for any
/ favor from the court he was not sur
| prised nor in any wise cast down, as
with reassuring glance at the clock,
he resumed his seat. But a surprise was
in store for him as now the judge leaned
over his desk again, imperturbably gaz-
ing over the heads of the company
while he deliberately announced, that,
| owing to the pressure of other business
| and the desirability of fastening the
case before the court, they would not adj
journ that evening until six o'clock.
Gentlemen, you may go on with the
case," he courteously added, with an
unseeing glance at Bartels.
There was a murmur of exclamation
in the back of the room, and the clerk,
wooden-faced and Indifferent, mechani-
cally beat his gavel upon the table, cry
ing: ''Silence in the court!" And then,
his face grown rather pale, the attorney
for the plaintiff arose and said: "If the
court please, on account of the absence
of material witnesses, find myself I'M
able to maintain the issues of this case
and am therefore compelled to submit
to 4 voluntary non-suit. L will there
lore move U1lc court 10 ulSIulSS ILLS SulI
without prejudice"
Mr.. CriIey was at once upon his feet
demanding that the court overrule this
motion and instruct the jury to find
verdict for the defendant in view of the
fact that no evidence had been produced
in support of the allegations upon
which that suit was brought; but his
honor, after examining the statutes,
with evident reluctance, stated that un-
der the law the plaintiff was entitled to
Il non-suit if he saw fit to take it. The
case was therefore dismissed at the
cost of the plaintiff but without preju-
dice"
"You got out of that pretty well, Bar
tells" laughed Criley, with an air of
bland condescension, when five minutes
later they were going down the court
house stairs. Rather an awkward fix
for you, too, and a strange thing all
around, having client leave you in the
lurch like that; but perhaps you have
some theory to account for it,"
NO." returned Bartels, curtly, osten-
tatiously consulting a notebook which
he drew from his pocket, deliberately
turning his back on the gentleman from
Denver. But a moment later, as they
came out of the door, he madly dashed
down the remaining steps, making for
a couple of riders just then dismount-
ing at the curb in front.
I'm the name of heaven, where have
you been?" he cried, seiZing upon Har-
vey Neil as hungry dog might snatch
at bone.
Neil looked pale and wan and his
clothing was dusty and disheveled, as
though he had been upon a prolonged
debauch, but he appeared wholly cool
and self-possessed. A number of men
had crowded around to hear the expla-
nation of his absence, but he only
nodded to right and left as though quite
unaware of the sSIrprise and curiosity
his arrival had aroused. 81 suppose
court has adjourned" he tentatively OBJ
served, ignoring the lawyers question:
and seeing from the others face that
he was right, he quietly added: well,
I'll just walk on TO the office with you,
then" turning to the man who had &C.
ccmpanied him with few words of di-
rcction about his horse. They went
few steps in silence, Bartels cycling his
client eXpectantly, for the explanation
he felt sure must come; but Neil appar-
entity had no idea that anything was
called for on his side. 'Well," he eX-
claimed, presently, tell me all about
it! If / were q woman | think / should
be simply dying with curiosity"
Il think L am pretty close to that
condition without being a woman" re-
torted the lawyer, with rather
strained laugh. Where on earth have
you been?"
II suppose it played the very devil,
my not getting here" Neil evasively re-
turned. looking the other way. 81
thought perhaps you might get con-
t;nuance."
mo go. Those Mexican mining deals
that 1 referred to the other day were
plainly in evidence in the judges atti-
tude. He was openly against US from
start to finish l would not have be-
lieved that he would dare go so far"
"And you had to try the case?"
"I had to try-and that's all it came
tc, though when 1 was finally driven
into hole completely managed to pull
the hole in after me, so to speak, by de-
manding q nonsuit. But before / go
into details, give an account of your
self. Where on earth have you been?"
"Well, as to that-rm sorry, Bartels--'
returned the young man, depre'
catingly, a flush rising to his face;
you're going to think it devilish queer,