Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1901-12-04


and seated him at his side, in front Of
the jury. The boy was even smaller
than his years, OF delicate physique,
and showed in his pinched face and
scant clothes traces Of suffering and
lprivation-the look Of neglected orphan
hood in poverty.
The case was closed. Counsel for the
state said, that in submitting 1t to the
jury he had only to say that as there
was no defense, the jury could do
nothing but return a verdict Of guilty.
Rivers knew that every technical rule
Of law was against his client, and that
there was no legal defense to the
states case; but at the same time he
knew every man on that jury, and all
their domestic relations. He knew that
the oldest juryman, the foreman, had
married late in life and had two chill
dren, twin boys, just the age Of the
little orphan, to whom he was pas
sionately devoted. He knew, too, that
he had been a fellow soldier in the rev.
olutionary army Of Texas, with the
father Of the boy that had been the
victim Of Howard's brutality. Making
no preliminary reference to these facts,
however, Rivers said
"Gentlemen Of the jury, the state of
Texas has presented her evidence and
stated her case, and I rise now to
speak for the defendant, Claib Her
bert, your fellow citizen, and your
neighbor, your friend and mine, and
the friend Of all who need friend, and
upon whose ears the orphans cry new
er falls in vain. The only evidence
have to offer on his behalf is the pale
face, the fearful eye, and the frail,
bruised form of the little orphan that
sits at my side, of the child whose he
roic father shared with some Of you
in days now gone, the hardships of the
camp and the dangers Of the battle.
He was at San Jacinto when the star
Of the young republic rose triumphant
above that historic field, and with him,
you Mr.. Foreman participated in the
undying glories Of that eventful day.
And when peace came you began, side
by side, as neighbors and friends the
battle OF hardships and poverty, in the
new land that you had aided in rescu-
ing from the hands Of the spoiler.
That battle you have fought we'll, Mr..
Foreman, and are still spared to your
grateful country; but your old comrade
has been gathered to his fathers. He
married late in life and accumulated
but a scant store Of this worlds goods,
and this child, the only fruit of the
marriage, was, in the providence OF
God, left a penniless orphan, and what
fate befell him you know full well.
For aught I know, Mr.. Foreman, you
may have now. when old, little ones
that are as dear to you as was this
poor child to that aged father who
sleeps his last long sleep In the soil
he periled his life to defend.
AS Rivers proceeded, he drew near to
the jury, and spoke in soft, but earn
est tones, while an occasional tear
stole down the cheeks Of the old fore
man. Rivers saw this. and continued.
"Time is fast weaving threads Of sill
yer among your dark locks; your feet
are pressing the brink of the river that
flows between this and the unknown
land, and soon, leaving perhaps to
your little ones an inheritance Of pow
erty, as did the father Of this child to
him, you must go to- join your silent
comrade on the other side Of the dark,
cold river, and then perchance these
dear little ones may be consigned like
your comrades boy, to the tender mer-
cies of some brutal Howard. Then the
little arms that so often encfrcled your
neck in the loving embrace may be
raised to shield the tender forms which
you now clasp lovingly to your bosom,
against the blows such as fell so cruel
ly on this poor little orphan. Then
may the dlmpled cheeks that now glow
with the rosy hue of health, be sunken
and pale from neglect and want; the
eyes that now brighten at your COM
ing, may be red with weeping and the
gentle voices that fall like sweetest
music on your eager ears, be heard
pleading in pathetic, beseeching tones
for mercy, as the voice Of this child
fell on the unneeding ear Of the pros
ecuting witness; and then perchance
God in his infinite mercy may raise
up for those little ones friend and
an avenger as He raised up Claib Her
bert to avenge the wrongs Of this de-
fenseless orphan, and perhaps that
friend may be, as Claib Herbert Is this
day, charged as a criminal, and If so.
Mr.. Foreman, would you have him
punished?'
AS the last words were uttered, Riv-
ers was so near the old foreman that
he could lay his hand on his head. and
apparently spoke to him alone. The
climax was reached; human nature
could stand no more. The old foreman
rose from his chair trembling in every
nerve, and raising his clenched hands
above his head, in a voice quivering
with emotion, cried:
mo! no by the eternal, no. and
dropping into his seat, with his face In
his hands, sobbed aloud; and judge.
counsel and bystanders mingled their
tears with his.
Rivers at once sat down, and the dis
trict attorney arose to make conclud-
ing argument for the state, but be-
fore he had concluded the opening SEN
tence, the old foreman, with streaming
ewes and with tremulous voice, said: