The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-06
HE TESTIFIED in SONG.

Colonel c. C FogIe, attorney-a law.
Of Lancaster, Mo, related the following
legal incident: zone of the most orig
NAL lawyers I ever met in my life was
Sam Dysart, who some twenty years
ago was a resident of our county He
is some kin to Major Ben Dysart, of
your town. Sam was a born humOrlst,
and could have made his fortune in the
lecture field. When he lived UP our way
he was engaged on one occasion to de
fend q lot of boys and girls charged
with disturbing religious assembly
out in the country by laughing and
giggling' is the way the informa ton
read The case was tried before Squire
A. c. Bailey. good old man, who has
long since gone to his final reward. Like
all cases of the sort 1t attracted an inn
mense crowd from the vicinity Of the
alleged outrage. T. G. Tadlock prose
cuted, and he was instructed by the
church people to spare no pains to con-
Wet the disturberS, who were very much
frightened by being dragged into court.
All the defendants We're children of
good families and it was their first Of
fence They candidly admitted they
laughed out in church, and the state in
sisted that by their own mouths they
were condemned Brother Tice Spears,
a righteous man of Puritanic type, was
the main prosecuting witness. He had
conducted the services. and he testified
that his peace was sadly disturbed by
the unseemly behavior of the rioters
After he told his story in chief he sat
down with clasped hands waiting for
him He didn't have long to wait. The
examination began like this:
" Brother Spears, you led the meetin'
last night?'
% I did sir
You prayed
=" i did sir
And preached?'
% Il tried to-.
And sung?"
q" I sung
:" What did you sing?'
." There Is a Fountain Filled with
Blood" sir
Here Mr.. Dysart pulled a hymn book
from his pocket and handed it to the
witness with the remark.
d" Please turn to that song, Brother
Spears
The witness did SO.
g That's what you sang that night?'
1T is sir
Wen. stand up and sing it now. if
you please
"'Whatr
You heard what I said, Brother
. But I can't sing before this sort Of
crowd
Brother Spears with much appar-
ent Indignation, do understand that
YOU refuse to furnish legitimate evil
dence to this jury2
No-no-but, you SEE
Your Honor said Mr. Dysart i in
sist that the witness shall sing the song
referred to just as he did on the night
of alleged disturbance 1t is a part of
our evidence, and very important. The
reason for it viii be disclosed later on
There was a long jangle between the
lawyers, and the court finally ordered
the witness to get up and sing.
And, mind you, Brother Spears,
said Dysart seriously. you must sing
it just as you did that night; if you
change a note you viii have to go back
and do It all over again
The witness got up and opened the
book There is vast different be-
tween singing to a congregation in
sympathy with you and a crowd of
court room habitues. Brother Spears
was painfully conscious of the fact
You know how these old time hymns
are sung in the backWOOdS settlements
You begin in the basement and work
up 70 the roof. and then leap off from
the dizzy height and finally finish the
line in the basement. That's the way
the witness sang. He had a good voice
that is. it was strong. It seemed to
threaten the window lights. The crowd
didn't smile-it Just yelled with laugh
ter. The jurymen bent double and al
most rolled from their seats. The court
bit his cob pipe harder and looked
solemn. 1t wasn't any use. There were
only two straight faces in the house
One belonged to a deaf man and the
other to sam Dysart The singer fin
1shed and sat down He looked tired
sam Immediately excused him. When
the time for Speechmaking came Sam
remarked to the jury: If you gentlemen
think YOU could go to one OF Brother
Spears meetings and behave better
justified in convicting these boys and
girls. That was ali he said. but it
gave the jury lots to think about. They
brought in verdict of not guilty, with
the request that Brother Spears sing
another song But that gentleman had
zone home and court adjourned -