Sunday morning globe., 1901-09-08

much pleased, and in a measure felt
had won the first round with my
Cranky" counsel The jurors were
then examined and the first panel be.
ing exhausted without a single tails
man qualifying for service as my
juror, court took a recess until next
day. My brother and sat together
near our counsel, and he expressed
some forebodings touching Pughs 10y.
atty, as he watched him closely. | con
fess ! began to have misgiyings my.
self, but would not admit them These
misgivlngs were aroused by the man
ner in which the judge endeavored to
qualify the jurors and force them in
the box notwithstanding their formed
opinions as to my guilt. But that
night another visit from Burns reas-
sured us The Judge was playing a
game to deceive the public He did the
same I'm the Church divorce case and
why not now? So l slept soundly, my
mind reassured as to the loyalty Of
my friend on the bench.
For four weeks the State endeavored
to obtain a jury. over 300 talesmen
had been put on their voydeure, and
but seven out Of 1,345 had qualified
and taken their places in the box The
last township in the county had been
reached and twelve farmers were
awalung their examination. The State
had exhausted its challenges, the de.
fense had one peremptory challenge
still left. BY this time, however,
was convinced that my friend Pugh in
tended to hang me and forever silence
the pen which might one day expose
his prostitution of justice in the
Church divorce case He would thus
kill two birds with one stone, to use
a homely expression. Convicting me,
ne would rehabilitate himself i'm the
good graces of that portion Of the pub
lie which condemned his decision in
the divorce case and who openly as
serted that he was bought; and the
only man whom he feared would con-
firm, at some future time, this just sus-
piciOn Of the public was in his power,
and by crushing him he would be safe
The last five talesmen took the stand,
and Notwithstanding that each man af-
irmed a preconceived opinion, and
that it would take strong testimony
to eradicate the same from his mind,
I
dered them into the box! These five
men swore that they would assume me
innocent but that they believed me
guilty. A duality of mind which the
Ohio supreme court i'm the Parsons
case declared could not exist. Thus
my attorneys were secretly rejoiced at
Pugh's blunder. inasmuch as If ! was
convicted they could take the case up
and reverse Pughs trial on the Par
sons case. All the attorneys i'm at
tendance were astOnished, and even
some good citizens murmured at the
useless expense of my trial, seeing
that if 1 was convicted the conviction
could not stand when taken to the
supreme court. / really began to think
that my old friend Dave was playing
the hand for me and that after all he
was my true friend and trying to save
me- / argued thus: My conviction Will
let Pugh out and the public will again
take stock i'm him BY this deliberate
error Pugh saves his friend at the
same time as. Of course, he knows that
he win be reversed by the upper court.
How ingenious is the. mind Of a pris-
oner on trial for life and liberty. How
eagerly does he grasp at straws! No
infantile mind is easier pleased with
a bauble than the strong man and
prisoner with the most trifing encour
agement, even when founded on the
most intangible, absurd or prepOster-
GUS reasoning or hypothesis.
The jury was at length completed,
my counsel had challenged the whole
array, noted an exception, and again
moved for a change of venue, which
was promptly overruled. IL should be
stated that on the exhaustion of every
venire my counsel moved for a change
Of venue, were overruled and took an
exception. Even before the trial prop
er commenced we had a formidable
list of exceptions noted, one of which
there was no two opinions as to its
fatal character and saving grace. Thus
are prisoners ever deceived Fed on
false hopes by counsel and friends,
they see them fade away one after the
other. and the penitentiary or the scat
fold looms up at the end. l looked
upon the trial as a farce, while pre-
serving my gravity. Why should 1
not? Did not the Judge already make
a fatal error? Dld not every attorney
at the bar so assure myself and coun
sci Was the Parsons law not plain?
What, then, did I have to fear? Moth
ing Everything would come out all
right. And while tens of thousands
of men and women prayed for my de-
liverance and feared for me the result
/ was lighthearted confident, and
doubly trebly assured that 1 should
neither mount the scaifold nor enter the
gloomy portals of the penitentiary l
had convinced my wife and family that
all would be well, and when the first
witness took the stand to periure him
self and swear away my life | regard
ed him with such pity that now smile
at the recollection. l chaffed the at
torneys for the State and exchanged
greetings and salutations with them,
and even the hired men Of the press,
with one or two exceptions I cordially
samted One Of these latter was John
r. Malloy, present Hanna manager in
Columbus, but at the time a scrub on
the newspapers which maintained
correspondents at the Capital Malloy
was a member OF the State Board of