Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1902-06-03
HE KILLED THE CASE
Ali the Jury Needed Was Knowl-
edge of the Situation.

edge of the Situation.
y we'll known lawyer of Lancaster.
Mo. related the following incident
which has been going the rounds of the
eastern press and is taken from the
Boston Investigator The hero Of the
story is Mir Samuel Dysart now Il resi-
dent OF Phoenix.
One OF the NEST original lawyers I
ever met in my life" says the lawyer.
was Sam Dysart. who many years ago
was 4 resident OF our county Sam
was 4 born hunorist and could have
made his fortune III the lecture field.
when he lived UP our way he was en-
gagged on one occasion TO defend lot
OF boys and girls charged with dis
turbing 4 religious assembly out in tn
country. Laughing and giggling IS
the way the information read The
case was tried before Squire \. G.
Bailey. a good old man vino has long
since gone to his final reward. I-ika
all cases Of the sort it attracted an i'm
mense crowd from the vicinity of the
all Sed outrage.
II. {. TadlOcl prosecuted, and he
was instructed by the church people t.
spare no pains to convict the disturb
ers. who We're very much frightened
by being dragged into court. All the
DEFENDANTS were children of good fam
lilies and it was their first offense They
candidly admitted that they laughed
OUT in church, and The state insisted
that by their own mouths they We're
condemned
Brother Tice Spears. righteous
man of Puritanic type. Was the main
prosecuting witness. He had conduct
ed the service, and he testified that tho
Doaca was sadly disturbed b.: the un-
scemly behavior % the rioters. After
IL told his story in chief he sat down
with ciasped hands, waiting for The
defendants attorney to begin on him
He didn't have long to wait. the ex-
animation cegan like This:
"'Brcther Spears, You led tn mae.il'
that night"
u did, sir
You prayed"
II did, sir
And preacilod2'
- tried to-
And sang
~ sang.
What did you sing?'
There is a Fountain filed with
Blood" sir
Here Nj Dysart pulled a hymn
book from his pocket and handed il t.
the witness with the remark:
Please turn to that song Erothe.
Spears
The witness did SC.
&c That's what YOU sang that night p
1t is. sir
wei. stand up and sing it now, il
you please
But 1 can't sing before this sort Of
crowd
Brother Spears, with much aprar-
ent Indignation, 90 l understand that
You refuse TO furnish legitimate evil
dence to this jury?
No, no-but, you see
Your honor. said NJ Dysart. .
insist taht the witness shall sing thJ
song referred to just as he did on tn.
night CT the alleged disturbance. II
is 4 part OF cur evidence and very
important. The reason for it will bt
disclosed later on
There was long jangle between til,
/ lawyers and the court finally ordered
tire witness to get up and sing.
And mind you, Brother Spears.
said Dysart. seriously, You must sing
ii just as you did that night If yoI
change note you Will have to go bach
and do it all over again
THE witness got up and opened tn,
book. There is vast difference be
tween singing to "a congregation il
sympathy with you and a crowd OF
courtroom habitues. Brother Spear.
was painfully conscious OF the fact
/ You know how these old-time hymn,
are sung in the baclWoods settlements
/ You begin in the basement and WORT
UP to the roof. then leap off from tn
dizzy height ana finally finish the lin,
in the basement.
That's the way the witness did
He had d good voice-that is, ii wa,
strong. If Gabrel's trumpet ever get.
out Of whack he could utilize that vote
and wake the dead just as readily. ]
seemed to threaten the window lights
The crowd didn't smile, it just yelloe
with laughter. The jurymen ben
double and almost rolled from thei,
seats. The court bit his corncob pip,
h~rder ana looked solemn. 1t WASH
any use. There We're only two straiSh
faces in the house. One belonged TO :
deaf man and the other to Sam Dysart
The singer finished and sat down. Fl,
locked tired. Sam Immediately eX
cused him.
When the time for speechmakin.
came sam remarked to the jury; !
you gentlemen think you could go t.
one OF Brother Spears meetings an,
behave better than you have here. why
you may be justified in conVicting thes
boys and girls
I That was all he said, but it gave
the jury lots to think about. The!
brought in a verdict Of not guilty,
with the request that Brother spear
sing another song But that gentle
man had gone home and the conrt ad
ja2rned."