Evening journal., 1901-12-28
TESTIMONY HAD
FATAL EFFHCT
After Jury Heard 1t Children
Who Laughed in Church
We're Discharged

,
Mo, related the following legal incl
dent: One of the most original lawyers
ever met I'm my life was Sam Dysart,
who many years ago was u resident of
our county. Sam was a born humorist
and could have made his fortune in the
lecture field. When he lived up our
way, he was engaged on one occasion
to defend a lot of boys and girls charg-
ed with disturbing a religious assem-
bly, out in the country. Laughing and
giggling' is the way the information
read. The case was tried before Squire
A. G. Bailey, a good old man who has
long since gone to his final reward
Like all cases Of the sort, 1t attracted
an immense crowd from the vicinity Of
the alleged outrage.
T. c. Tadlock prosecuted, ana he was
instructed by the church people to
spare no pains to convict the disturb
ers, who were very much frightened
by being dragged into court. All the
defendants were children of good fam
| lilies, and It was their first Offense.
They candidly admitted they laughed
out in church, and the state insisted
that by their own mouths they were
condemned.
/ Brother Tice Spears, righteous man
of Puritanic type. was the main prose
cutting witness. He had conducted the
/ service, and he testified that the 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 the defend
ants attorney to begin on him. He
didn't have long to wait. The examl-
nation began like this:
Brother Spears, you led the meetin'
that nightw
II did, sir"
"You prayed"
Il did, sir"
"And preachedr
II tried to-"
"And sangY"
Il sang"
"What did you singT
"'There Is q Fountain Filled With
Blood, sir"
Here Mr.. Dysart pulled a hymnbook
from his pocket and handed 1t to the
witness with the remark:
"Please turn to that song, Brother
Spears"
The witness did so.
That's what you sang that nightT
at is, sir"
"well, stand up and sing # now, If
you please"
"Whatp
"You heard what 1 said. Brother
Spears"
"But I can't sing before this sort of
crowd"
Brother Spears" with much appar-
ent indignation, "do l understand that
you refuse to furnish legitimate evil
dence to this jury?"
"No, no-but, you see"-
"Your honor" said Mr.. Dysart. 81
= insist that the witness shall sing the
song referred to just as he did on the
night of alleged disturbance. 1t is q
part Of our evidence and very impor
tant. The reason for it VIII be disclos
ed later on9'
There was a long jangle between
the lawyers. and the court finally or
dered the witness to get up and sing.
"And mind you, Brother Spears,
said Dysart seriously. "yOu must sing
1t just as you did that night. If you
change a note, you will have to so back
and do it all over again"
The witness got Up and opened the
book There is a vast difference be
c tween singing to congregation II
sympathy with you and a crowd oi
courtroom habltues. Brother Spears
was painfully conscious Of the fact
I You know how these old time hymns
are sung in the baekwoods settle
ments2 You begin In the basemen
, and work up to the roof and then leal
Off from the dizzy height and finall.
finish the line in the basement
Il That's the way the witness did. III
had n good vOice-that is, It was strong
!. II Gabriers trumpet ever gets out o
whack he could utilize that voice an
wake the dead just as readily.