The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1902-03-01
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MUSICAL TESTIMONY.
After the Jury Heard, II They aAc-
quilted the Naughty children WAe
Laughed In Church and DISTURBED
the Re1fgfous Assenblage.
Al well known lawyer Of Lancaster.
10, related the following legal inch
dent: One of the most original lawyers
1 ever met in my life was Sam Dysart,
who many years ago vas a 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 n 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 ease was tried before Squire
"A. O. 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
tne alle&eQ outrage.
T. @. Tadlock prosecuted, and 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 1t was their first ofense.
They candidly admitted they laughed
out In church, and the state insisted
that by their own mouths they were
condemned.
Brother Tice Spears. a 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 exami'
nation began like this:
Brother Spears, you led the meetin'
that nightr'
IT did, sir"
you prayedf"
IT did, sir"
"And preachedr
IT tried to-"
"And sangT
ST sang"
"what did you singT'
"eThere Is a Fountain Filled With
Blood sir"
Here Mr.. Dysart pulled a hymnbook
from his pocket and handed it to the
witness with the remark:
please turn to that song, Brother
Spears"
The witness did 80.
'Thats what you sang that night|
at is, SIR"
"well, stand up and sing it now, If
you please"
"Whatr'
"You heard what I said, Brother
Spears"
-"But I can't sing before this sort Of
crowd"
"3rother Spears" with much appar-
emit indignation, do I understand that
you refuse to furnish legitimate evil
dence to this jury?"
"No, no-but, you see"-
"Your honor" said Mr.. Dysart, II
insist that the witness shall sing the
song referred to just as he did on b
night of alleged disturbance. 1t is a
part of our evidence and very impor-
tant. The reason for it will be disclos-
ed later on"
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
it just as you did that night. If you
change a note, you will have to go back
and do it all over again."
The witness got up and opened b
book. There is a vast difference De-
tween singing to a congregation In
sympathy with you and a crowd OF
courtroom habitues. Brother Spears
was painfully conscious Of the fact.
You know how these old time hymns
are sung in the backwoods settle
ments? You begin in the basement
and work up to the roof and then leap
of from the dizzy height and finally
finish the line In the basement.
That's the way the witness did. DE
had a good voice-that is. it was strong.
If Gabrieps trumpet ever gets out OF
whack he could utilize that voice and
wake the dead just as readily. 1t
seemed to threaten the window lights.
The crowd didn't smile, it just yelled
with laughter. The jurymen bent
double and almost rolled from their
seats. The court bit his corncob pipe
harder and looked solemn. 1t wasn't
any use. There were only two straight
faces in the house. One belonged to
q deaf man and the other to Sam Dy-
sart. The singer finished and sat down.
He looked tired. Sam immediately ex-
cused him.
When the time for speechmaking
came Sam remarked to the jury: III