Sunday morning globe., 1901-09-08

] juror, court lOoh IeCeSS uuLll next
day. My brother and l sat together
near our counsel and he expressed
some forebodings touching Pugh's 10y
atty, as he watched him closely. l CON
| fess ] began to have misgiYings my
| self but would not admit them These
| misgiWngs 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
game to deceive the public. He did the
same in the Church divorce case, and
why not now? So | 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-
tense 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 i'm the
Church divorce case. He would thus
kill two birds with one stone, to use
a homely expression. Convicting me,
ne would rehabilitate himself in 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-
frmed a preconceived opinion, and
that it would take strong testimony
to eradicate the same from his mind,
Pugh declared them qualified and Or
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 in at
tendance we're astonished, and even
some good citizens murmured at the
useless expense of my trial, seeing
that if / 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- l argued thus: My conviction win
let Pugh out and the public will again
take stock in 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 pris-
oner on trial for life and liberty! How
eagerly does he grasp at straws. No
infantile mind is easier pleased with
bauble than the strong man and
prisoner with the most trilling 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. 1t should be
stated that on the exhaustion Of every
venire my counsel moved for a change
of venue, were oyerruled and took an
exception Even before the trial prop
Z. do 10
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 penitentary or the scat .
fold looms up at the end. l looked .
upon the trial as a farce, while pre- .
serving my gravity. Why should I
not? Did not the Judge already make
a fatal error? Did 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 light-hearted, confident and .
doubly, trebly assured that 1 should .
neither mountthe scaffoldnor enter the .
gloomy portals Of the penitentiary.
had convinced my wife and family that
all would be well, and when the first
witness took the stand to perjure him
self and swear away my life l regard /
ed him with such pity that l 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 |
Pardons. He had nved around Colum-
bus since his graduation from the .
Xenia Orphans Home, making a pre- .
carious living in politics and scrub.
bing on the DaDerg / had occasion /