El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-01-14
MGARRY, CONKLING & DREHNER.
THE VERDICT.

Dayton was tough town. They wer
working on the railroads.&c. railroad tina
never was finished. If they had Finished
that railroad, Dayton would have been
metropolis today-according to the Dayton
belief
Boney Walker, grader, was up befor,
the Justice of the peace, charged with as
sault with intent to kill There was M
other kind of assault in Dayton in thoss
days. It was not such very seriou.
charge either, but there were circum
stances connected with this particular
case which made it q matter of interest tc
| the whole community. In the first place
no one except a tenderfoot would eve1
have brought such a charge against a rep
| utable citizen. There were other ways OF
settling matters of dispute which custom
had made the rule, and the people of Day
| ton disliked to see such a radical change.
Joe Perry, the tenderfoot who brought
the charge, had been working for Walker
for several months and hal never been
able to draw a 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
corral 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
lit was such free and easy life, and the
people were SO hospitable and easy to get
along with, and his health was better. It
was all a bluff of course.
Walker was standing in front of the
postoffice one day when Perry came out
with letter in his hand and suspicious
moisture in his eyes. The letter was from
home. His mother was not as we'll as
usual, the letter said, and things were not
going on as smoothly as they might. 1t
wound up by asking If he could not send
few dollars, as money was badly needed
to buy her the little comforts that q sick
person wants.
preaching Walker, asked him for some
money. Walker pulled his revolver and
struck the rash young man q vicious blow
on the head. That was his reply-a char
acteristio one indeed. 1t was, in fact
such a natural thing for Walker to do that
the people of Dayton were surprised great
1y to learn that q warrant had been issued
even.
It must be understood that Walker had
q big contract with the railroad company
and was in debt to everybody in the town.
II he could keep going until the bonds
were sold in the east, he and his creditors
both stood chance to get their money.
To ask him for money now was, of course,
an insult. What else could it bep But
perhaps the tenderfoot didn't know that
Justice of the Peace Smith was not only
was on his bond also.
Walker wouldn't listen to reason at all
He was guilty, he insisted. and glad of it.
Even when he was quito sober, early in
the morning, he was defiant and stoutly
maintained that he would have to plead
guilty. So Justice of the Peace Smith
took him off to one side and talked to him
''Look here, Boney," he said, don't
throw us all down like this. Suppose
have to send you up; where are we going
to get out? You'll lose the contract, and
we'll lose our money. Never mind your
reputation. Stand by your friends"
But Boney was obstinate and still in
sisted 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 be-
tween the cabinet and the brewery. The
Tsf his %i he WITH snSs st
managed to conceal. The defendant waived
counsel, and the trial proceeded
Guilty or not guilty." asked the court
The prisoner jumped to his feet.
"Guiltyl'' he shouted And I'm sorry
The court interrupted him. .sThe pris-
oner pleads not guilty. the court said in
blandest tones, not looking at the prison
er, however. 1.-The jury is instructed t.
bring in a verdict in accordance with this
evidence
The prisoner sat speechless for q brief
time. He was overcome with violent emo
ton.
YOU'RE a liari'' he shouted, getting
upon his feet at last. IT said, GUILTY. "
The court was entirely unmoyed
Doubtless it was prepared for some such
outbreak upon the part of the prisoner
''The jury will now retire and prepare its
verdict, f" the Justice said calmly.
In the poker room in the rear of the
cabinet the jury elaborated over it's yer
dot. The expense was borne by the court
who had accompanied the jury there
Amid an impressive silence, so deep
that the rattle of the dice in the cabinet,
where the Trenches were shaking, could
be distinctly heard, the jury took their
places again
"Gentlemen, have you the verdict"
calmly asked the court as he resumed his
chair. raised above the others by the aid
OF two soap boxes.
I'VE have" responded Big Casey. thu
foreman.
"Read it," commanded the court, as
Stunning an expectant air, calculated to dis
pei any suspicion that the court itself
might have been the real author of the
document
Big Casey read the verdict It was as
follows: 1.-The jury finds that the prisoner
Is such fearful liar that we cannot be-
l1eve him under oath. 1t accordingly finds