The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1901-12-18

t0tAef Gnti0, yOu:1nIeEnat Se0nndrell
Howard yemounted his horse and
rode away without indulging in any
remarks.
, The district court was then sitting
lin Columbus, the seat Of Justice in
Colombo county. Howard proceeded
by the most direct road to that place
and appeared :=:..: Is delay before the
grand jury, who promptly brought in
q bill Of indictment against Herbert
for aggravated, assault and battery.
Jones. Rivers, as counsel for the de.
/ fendant, demanded an immediate trial.
Colonel Edward Waller was district
attorney, for whom Waller county,
Texas, was named as memorial.
The only witness for the State was
Howard who told his story, was rigor-
ously cross-examined, and the rgose-
cution.rested their case. "
Jones Rivers stood up. ..1f the
court please,'' he said, "the defendant
in this case has no evidences to offer,
excepting the feeble child that has
been beaten 81 the prosecuting wit
ness
Here he led the little boy forward
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
privation-she look of neglected or.
phanhood in poverty.
The case was closed. Counsel for
the State said, that in submitting it
to the jury he had only to aay that as-
tAere Wac no defense, the jury could
do nothing but return verdict Of
guilty.
Rivers knew that every technical
rule Of law was against his client, and
that there was no legal defense to the
State 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
children, twin boys, Just the age Of
the little orphan, to whom he was pas
sionately devoted. He knew, too,
that he had been fellow soldier in
the revolutionary 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
lof Texas haa presented her evidence
and stated her case, and Irise now to
speak for the defendant, Claib Her
bert, your fellow citizen, and your
Eneighbor, your friend and mine, and
1.-The friend 81 all who reed friend,
and upon whose ears the orphans cry
never falls in vain. The only evil
dence 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 heroic father shared with come
Of you in days now gone, the hard
ships Of heycamp and the dangers os
Ithe 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 nndying 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 ;a.a5a that you aiiSsd in rescuing from
the hands Of che spoiler. That battle
you have fought well; Mr.. Foreman,
and are still spared to your grateful
country; but syour old comrade mas
been gathered to his fathers, He.
married late in life and accumulated
but . soant store Of this world 8
goods, and this child, the only fruit
Of the marriage was. in tho provi.
denoe Of God left q penniless orphan,
land what fate befell him you know
full well. For aughb I know, SIr.
Foreman, you may have now. when.
old. little ones. that are as dear to you
as was this poor. o.lifd IN that eyed
father who sleeps his last long sleep
in the soil he periled his life 10 de-
fend.
As Rivers proceeded, 3 he drew snes-
lS the jury, and spoke in aoft, but
/ sarneat tones, while an occasional tear
stole down the cheeksof the Old fore-
man. Rivers saw this, and continued.
Time 10 fast weaving threads of
silver among your dark looks; your
feet are pssssing the brink ofs the
river that flows. between this and the
unknownsland, and soon, leaving per-