Sunday morning globe., 1901-10-13


why, no, ] cannot use car load, but
can take from six to ten dozen daily"
The contract was made and the restaurant
proprietor felicitated himself on having a
sure supply Of frogs for the delicate palates
/ Of his best customers. Days passed, how.
ever and neither the frogs nor his friend
showed up Finally In a week or ten days
| the new farmer showed up, looking con-
siderably lycrest-fallen, and presentedrHREE
frogs
What's this, three frogs, and you wanted
/ to dump whole wagon load on me 2 What's
/ happened?
We'll" shamefacedly replied the farmer,
/ 81 thought from the noise these three fell
lows made that there were thousands Of
| frogs in the pond, and had II drained with
/ this result, as you see of but three noisy,
miserable croakers"
Il is thus in what Is miscalled public
/ sentiment" The masses of the people the
/ bone, sinew and fibre Of the community
| the plain people in fact--are never heard,
/ they have no organs to voice THEIR senti-
ments-the three bull frogs command the
/ pressl Aud the press, with such signal ex-
/ ceptions as the New York journal, palms
of the three bull frogs for public opinion
In this sense the public opinion Of Colum-
bus condemned me and prevented a trial
according 10 the statutes made and provided
for in such cases.
All this realized much more keenly than
my indignant friends, and saw further into
the future Of my fate, should the Supreme
Court decide against my appeal For 1
/ fully realized that the influences which so
| unjustly convicted me would follow me to
/ the prison and securely lock the gatesl In
other words that in an application for
pardon or commutation, ! would find IL
more difficult 10 secure clemency than the
vilest professional criminal behind the
walls Of the prison. The events proved the
truth of my forebodings or rather knowl-
/ edge Of political and social interests and
factors Of city life Hence when on the
Monday morning, August TO- 1891 was led
out to enter the carriage which was TO con.
/ vey me to tile penitentiary my one great
/ hope was In the reversal by the Supreme
Court Of my trial and conviction
That this hope was reasonably we'll
/ founded my readers will assume from the
/ following statement of facts
/ Among the law partners Of my leading
counsel, Gen. Thomas T. Powell. was ex.
Supreme Judge Selweyn Owens. Judge
/ Owens had but recently stepped down from
the bench TO practice law at the Columbus
bar. He had been the colleague of four of
the Ave judges now sitting on the bench
and before whom my case was to come for
final review. Judge Owens was particularly
friendly with his colleague, Judge Marshall
Williams Some time before the case
closed Judge Williams expressed to his ex.
colleague Judge Owens this opinion:
This farcical trial will be reversed Pueh
has denied Elliott every legal right and
made errors enough TO set aside any verdict
found-if indeed, verdict for any grade
is returned There are two fatal errors in
the start Denying a change of venue on
the showing Powell made by afidavts and
impaneling jury the half of whose mem
bers are disqualified
Judge Owens repeated this conversation 10
my counsel General Powell, who of course
impaired the same to me In strict con-
6dence. What made il more emphatic. and
/ might state inspiring, was the fact that
knew Pugh and Williams were neighbors
and that there was coolness between them
because Pugh refused TO sell Williams am
adjoining lot which he needed to beautify
his residence. Pugh and myself had talked
and ioked about this lot a year previously.
as 10 formerly belonged TO Mr. T Ewing
Miller the gentleman whose mysterious
manipulauons in Washington with Pugh.
on the Church divorce case ] have pre-
viously referred TO. Hence when entered
the vehicle to take me TO the peuiteutiary
felt confident that my stay in that institu-
tion would be of short duration and that
would soon be restored to wife family and
liberty. Magnificent and beuefceut de-
luson
Hope springs eternal in the human
breast saud that had good reason to hope
my readers will bear me out. I had thou.
sands Of friends devoted to me. a good case
and a good cause, and some funds left from
the wreck of my fortune As 1 passed my
city residence in the open surrey ] felt a
thrill Of ineNpressible anguish at the recol-
lection of the happy days spent within its
sacred inclosure, free from turmoil, and the
cares and anxieties Of both political aud
professional life, romping with my children
aud building castles for their future
Deputy Sheriff James Ross, who subse-
quently succeeded the morose Custer in
that Office, noticed the momentary change
in my manner, and kindly attempted to
change the current of my thoughts, Ar
riving at the prison, which is almost in the
geographical centre Of the city a singular
place lOI "a peulAGullaly I 4 AlonouuteQ
from the vehicle and walked towards the
entrance alone, Mr.. Ross and his assistant
delicately walking a few PAGES behind me
I was subjected to none Of the humiliations
of either handouts or that loathing touch
20 the sensitive Of the guard or officer of the
law. Ross respected misfortune and salute,
and in this instance Custer, who accom-
panied Us, their mutual thoughtfulness and
forbearance.
Il had been my custom since erecting a
country residence. some three miles from
the city, to drive past the front of the prison
twice daily, In the morning usually my
hired man drove myself to the Office and my
children to school and in the evening about
five o'clock p. m. we were a jolly party as we
drove past its frowning walls out the Dublin
Pike to Arlington, the suburban cluster Of
handsome residences erected on the sloping
heights overlooking the silvery Scioto river
In those days we rode behind pair of
Kentucky thoroughbred the envy Of even
the Broad street aristocrats" for their per-
feet match and graceful movement. And
as the heights Of Arlington came into view
with what was conceded to be the hand