The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-08
ClNCH ON JURYMAN NO. i.
A THIBF VINO CALLED SPIRITS TO
HIS ASSISTANCE.
They Responded so Well That He Secured
an Acquittal with Judge, Evidence and
Eleven Jurors Against Hlm-It was q
49,. q. al. f..r N Man Mot Innli az, IVn.ir


prison, there was the game young pal Of mine
workt onot and him defendant too. bein' tried
for burglary, sicond degree. His name was
Tommy Devine, and him and me had been side
pardners troo many Job, takin' the good and
the bad togither, Kunnel, as square as II We was
collidge gradooatcs Materially ! was worrit
about him. especially as we couldn't 6gur' out
no defence except an ab, and experience seemed
70 teach that tho more OF the boys that came for
ward and swore that he wasn't there, the moro
dead cock sure the Jury would be that he was.
We'll, Devines case was called late in the after
noon, and they had Jest got a jury when adioorn-
ment was had set In the front row OF the spec
tators' seats, with me arms on the rail, chewin'
for dear life bot 10 keep In the fashings and TO
hide mo emotions They was a seedy lot them
talesmen. mostly small radcspeope, worn thin
thinkin OF their goods q hangin outside, and
who would vote for law that every poor crook
should have o big capital TT branded ON the tip
OF his nose Not much chanel for you there,
Tommy l sighed. when an old Teller, with long
white hair and face like the harvest moon. took
the end seat nearest to me In the Jury box, on tho
front row, and answered all questions satqiao-
torally as kid In the confirmating class. Thinks
to myself thinks l. Where have l seen that old
putty -dob2' and then remembered
IT seems Kunnel. that about troo weeks DO
town, seelin' what we might devour, we came
acrost a buildin on a side street with a sign
'spirituallst meetin' within.
Heres our puddin'.' says Tommy There's
no easier marks than the folks that swaller
that moss eaten film fam and we went In
And by the same token. Kunnel. when we came
out Tommy had tree supcrs and slangs, only
two OF them was oreide, which we flung up on a
roof and had two pokes, though there was nothin'
In one Of them but cookin' receipt and a bit Of
dress goods. Howsomodever, In went and
there on a platform set a vineg ar faced woman
with short hair and red nose, and a swpe tied
acrost her eyes She was in uanct and any
one who had paid the price, and no one got in
you can bet who hadn't could ask 'er questions
which would DO answered by raps from a table
near by. Three reps meant yes, kunnel. you
must remember particlar and two raps meant
no Now the pint OF these ere observations IL
this, the most enthusiastic OF all them people
gatherin' around this same old bat headed
guy. a asting more questions than you'd find In
a Methody catechism and q roln' up his eyes
to heavings In holy hecstnsy when the answers
came must say / felt easier when | saw this
aged innocent settle hissclf in the jury box for
says to myself. Gays l. he's pretty well used
to bein' on the wrong side and il that amt our H.
what isl
the night Waterman whose brother KEEP a sa
loon We hung out at, and git hours talk In the
cooler with Tommy He as down in the mouth
as young swell with his fust mustache 1t
amt the bit I'll surely git says he; but I'd like
TO have some kind of a run for me money: and
with that Jury I'm left at the post to say nothn
OF ben failed down and rolled over with Did
you ever see sech COLLECTION OF full cxtcnsers?'
They re fierce says |, far wuss than the
Inquesiton. with the EXCEPTION OF number siNt on
the fust row. and then. kunnel, explained whom
and where we had seen that ancient believer in
modern spells
We'll, kunnel, you never in all your life, SEQ
aech delight as Tommy exhibited at this ntrl
ecnce lie shouted he capped his hands over
have brought down an Old Bowery gallery. 7 no
pa Elijah, he cried; he's returned to cart in
." How so!' / asst; you can't count on them
cranks; sonnet mes they have alteration OF the
mind and r go tEh, for 1o, III, srrt,
don't he'' SAYS Tommy Well then. he shall hive
it on every important pint Listen to this, Smith.
me, kunnel. il fust there didn't come three raps
and then two. bot times low b itinct
and then at tho other Who's in them cells2'
There s drunk in ono Of them and dumb
dgo in the other says Tommy.
Then where did them raps como FROM
lido i with my knee, explained Tommy Seer
learned II when was kid at the drsir'rt school.
and We dTuv' one ,eachsr so dafyy with the mys.
III call the turn on that old poppy. guy My seat
in court is clost to the end Of the jury box and
can stretch my leg riERt over his cheer end by the
ances Of my innocence. that no Disagreement
will satisfy him: no, indeed, he'll convert his as
Of his fait. So have no fear Snithers my boy
he added az the screw came along to sneak me out
but lay in a key and a box OF stogies and well
blow tOmOTT 4
Well, Kunnel, you can Jest bet was in mo
scat good and early the next mornin', foT it eint
seants trun, together The Judge hit whack
with his nallet the crer got of his blun, Tommy
to the end Of the jury box, and the sshindig be-
gun didn't pay much s'enson to the "psnG
for Iommy's leg Pretty soon saw him stretch
il out careless like until his knee right under
the old spirtnsIists cheer and then p TiiGcked up
eyes to the face Of Juror No sixt' The Dees
trict Attorney went on rehearsin In an ORDERLY
Tommy aud then concluded with this remark:
Having due regards TO your oats gentlemen,
dcnce, will 1t be possible for you to give this de
PENDANT the benefit Of any reasona 10 doubt
and pronounce him not guilty; ! know that
your minds and conscicnceS will find the true.
Down set the Deestrict Attorney and began
fust witness. leaned for'aId ps far as could,
AMI an rap rap, "a ! hserd distinctly ys, family
ton right under the siXt Jurors cheer Tho
old man gave a jump that made the Teller next
to him look ugly at him. and could see him
pnchin' Of his leg to be sure oi his own existence
Then | see his lips a movin': was he astin' tho
question hisself 80 as to be sure il weren't no
mouse under the floor? Evidently Tommy thought
80, for rap, rap, rap, came the answer again.
That settled the old spirtualiSt kunnel; he
casht up his ewes in tanksg win, and then turned
70 tho defendant and smiled, Thereafter, ties.
timony 10 have any effect on him had 10 be rau-
fed from above, And Tommy give him plenty
q oh u'If
was sworn, and bowed his head and kissed the
book in sign that he would tell the trut, the hull
:rut and nothin' but the trut s'help him, rap
rap, tho mo- would come, and then 1t wouldn't
have mnde any difference II the oat had been
taken on stack Of Bibles as high as this room
the siNt Juror wouldn't have believed them lie
had cinch on revelation, he had and the stouter
and cluser they swore up TO the statute, the moro
he looked as II he like to indict the hull push for
rank perjury
When Tommy's lawyer made his openin'
address tho old man put his hand to his ear aud
drank in every word as II II was Gospel And
well he might, for whenever there was a particu-
larly strong statement in 1ommy's favor rap
rap. rap, he spirruts would go in hearty assent,
that Ia W III one exception, which for a moment I
feared had spilled the hull kit You see Tommy
was allus a loose and careless fell r. who would
20 in 10 SpaLZImS al the idee of anythin' like work