Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1898-02-19

liar. Az to whether the urupstnke hau
been shipping high-grade ore OF late he
could not say; only the superintendent
Of the smelter could tell TINT; be 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 theprivilege OF cross
examination and Bartels saw the wit
ness leave the chair with feeling that
his cause had gained nothing by this tea.
timony beyond the consumption OF
time. But II was now six minutes be-
You'd the regular hour Of adjournment
and lie felt measurably content us he nd
dressed the court, making motion that
the jury be taken through The workings
Of both mines the next day, 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 q day Of junketing In the
mountains.
As Dartels had ceased to look for any
favor from the court he was not sur
prised nor in any wise cast down, rs
with q reassuring glance ut the clock,
he resumed his seat. But surprise was
In store for him us 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 ad-
journ that evening until six o'clock.
Gentlemen, you may go on with the
case," he courteously added, with an
unseeing glance ut Dartels.
There was murmur OF exclamation
In the back Of the room, and the clerk,
moodcn-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: III 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 n voluntary non-suit. will there
fore move the court to dismiss this suit
without prejudice"
Mr.. Crilcy was ut once upon his feet
demanding that the court overrule this
motion and instruct the jury to find a
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
II non-suit il he saw fit to take it. The
case was therefore dismissed at thr
cost of the plaintiff but without preju-
dice"
"You got out OF that pretty well, Bar
tells" laughed Criley, with an air ut
bland condcscension, when five minutes
later they were going down the court
house stairs. "Ruther an awkward fix
for you, too, and strange thing all
around, having client leave you in the
iurch like that; but perhaps you have
some theory to account for it."
"No;" returned Bartels, CURLY, osten-
tntiously consulting a notebook which
hr drew from his pocket, deliberately
turning his back on the gentleman from
Denver. But moment later, as they
cpmc out of the door, he madly dashed
down the remaining steps. making for
n couple of riders just then dismount-
ing at the curb in front.
"In the name OF heaven, where have
you bcen?" he cried, seizing upon Har-
,ey Neil as a hungry dog might snatch
at bone.
Neil looked pale and wan and his
clothing was dusty and disheveled, as
though he had been upon q prolonged
debauch, but he appeared wholly cool
and sclf-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 surprise and curiosity
his arrival had aroused. Il 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 yon.
them" turning to the man who had nc-
ccmpanied him with few words OF di-
rcction about his horse. They went
few steps in silence, Bartels cycling his
client cxpectantly, for the explanation
he felt sure must come; hut Neil appar-
entity had no idea that anything was
called for on his side. "Well," he en-
claimed, presently, tell me all about
Il! IfIwere n woman think should
he simply dying with curiosity"
81 think ! am pretty close to dhnt
condition without being woman" re-
torted the lawyer, with rather II
strained laugh. "Where on earth have
you bcen?"
81 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-
tinuance."
"No go. Those Mexican mining deals
that / referred to the other day were
plainly in evidence in the judges atti'
tude. He was openly against us from
start to finish. i would not have be-
lieved that he would dare go so far"
"And you had to try the case?"
~ had to :ry-and that's nll 1t came
tc, though when I-was finally driven
into q hole completely managed to pull