Sunday morning globe., 1901-09-29
MISSED THE MOOSE


MISSED THE MOOSE"
1 read to my amazement the fact that
the jury had found me guilty Of muir
der in the second degree! At first
thought it was a fake, inasmuch as
had never read or heard Of a newspa-
per publishing a finding of a verdict
before the jury had announced the
same But as / read the circumstan-
tial account in this corporation news
paper, owned by the Pennsylvania Rail-
road Company under the nominal pro-
prietorship of a malicious and coward
ly sneak named j. ID. Ellison, of Gin,
cinnati l became convinced of the
truth. Great was the astonishment Of
my counsel and friends, and, indeed,
Of the whole city, as much, 1t must be
stated at the fact that a newspaper
had the verdict in its columns hours
before the jury reported 1t in court, as
at its palpablo unjustness.
Court convened at 10 a. M, Monday
morning, with Pugh on the bench,
smiling and serene but showing evil
dences about the eyes Of his almost
all-night labors with the jury and the
Journal There was considerable de-
lay about the jurors entrance to the
box, which was afterwards discovered
to be caused by Juror Aubert. 1t ap-
pears Aubert was the last man to sur
render his conscience and agree to the
verdict When the jury announced its
readiness to report, and as the men,
bers were proceeding in single file to
the door Of the courtroom to enter,
Aubert halted and refused to proceed.
The eleven jurors we're panic-stricken.
The courthouse was packed, and the
streets i'm front of the edifice. Aubert
stated in reply to the question of the
foreman why he halted:
my conscience revolts at conyicting
this man who only did what you or /,
or any other man, would have done or
ought to have done under similar cir
cumstances. | can not face him and
announce this as my verdict 1t is
mott"
Here was a mess All Pugh's labors
to go for naught at the last moment.
The jurors begged, pleaded and point
ed to the mob, the hoarse murmurs OF
which ascended and penetrated
through the courtroom windows. The
audience in the courtroom became i'm
patient, and their murmurs were dis
tlnctly heard by poor Aubert. He
thought Of his family and surrendered
to the first law of nature-self-preser-
vation, as assuredly he believed that
II IL was announced he alone was hold
ing the jury the mob would tear him
limb from limb, and his fellow-jurors
excitedly informed him that they
would put the blame on him. With
the foreman in the lead, CHASTITY white
in the face, and with eyes cast down,
the 70 scared men filed in and took
their seats In the box. The usual
questions being asked and answered,
the foreman handed the sealed verdict
to the clerk. The juror sitting next
in the box to the foreman wore In the
lapel Of his coat the G.. A. r. button.
When mastering officer Of the District
I had mustered into the G., A. r. the
post to which he belonged and secured
his selection as the first Post Com
mander. We had always been friend
ly. and I counted myself fortunate
when he qualified as a juror, for | said
to my counsel, "He is a man Of sand
and conscience and will not be intimi-
dated" When the clerk, after opening
the sealed envelope. was instructed by
the sardonic grinning judge to read 1t,
/ had one of my little boys sitting on
my lap. His aunt was on my left and
my wife occupied the chair to the
right, while the other children and a
few near relatives sat in adjoining
chairs. The clerk read, 1--WE, the jury,
find in the charge Of first degree
just as these words left his lips my
sister-in-law tainted, and after her re-
moval to the consultation room, the
c.erk continued, we, the jury find
the defendant not guilty There
was a pause, and Pugh's eyes snapped
fire as the clerk proceeded "On the
charge Of murder in the second degree
we. the jury, find the prisoner
guilty" The announcement was re-
ceiVed with some Kisses and other
manifestations Of disapproval by my
friends, but the courtroom was soon
as quiet as the tomb, the immense
concourse waiting breathlessly for the