The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1902-05-31
HE KILLED THE CASE
FATAL EFFECT or BROTHER SPEARS
MUSICAL TESTIMONY.

After the jury Heard II They Ac-
quilted the Naughty Children Who
Laughed I'm Church and Disturbed
the Religious AssembIage.
A well known lawyer OF Lancaster.
Mo. related the following legal Incl
dent; one OF the most original lawyers
] ever met In my life was Sam Dysart,
who many years ago was resident Of
our county. Sam was born humorist
and could have made his fortune in the
lecture field. When he lived up our
way. he was engaged on one occasion
TO defend lot Of boys and girls charg
ed with disturbing religious assem-
bly, out In the country. Laughing and
giggling" is the way the information
read The case was tried before Squire
A. G. Bailey, IA good old man who has
long since gone 10 his final reward
Like all cases Of the sort, II attracted
an immense crowd from the vicinity of
the alleged outrage
T. G. 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
ilics. and II was their first ofiense.
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 nghtT'
II did. sir
you prayedT
81 did. sir"
And preachedT
81 tried to-
"AEd slngp
Il sang"
"What did you sing?"
"'There Is a Fountain Filled With
Blood. sir
Here Mr.. Dysart pulled hymnboolS
from his pocket and handed IL 20 the
witness with the
please tur song. Brother
Spears"
The SO.
! That's what you sang that nightl'
2 at is. sir"
"well, stand up and sing It now. Il
You please"
"Whatg
"You heard what l said, Brother
Spears"
"But can't sing before this sort OF
crowd"
"Brother Spears" with much appar-
ent Indignation. do I understand that
you refuse 10 furnish legitimate EVIL.
dencc to this tury"
mo. no-but, you see
"Your honor" said Mr.. Dysart, Il
insist that the witness shall sing the
song referred to Just as he did on the
night OF alleged disturbance. II Is "A
part OF our violence and very impor-
tant. The reason for II Will be disclos-
cd later on"
There was hong jangle between
the lawyers. and the court finally or
dercd the witness TO get up and sing.
"And mind you. Brother Spears"
said Dysart seriously, you must sing
Il just as YOU did that night If YOU
change note. you viii have to so back
and do It all over again"
The Witness got up and opened the
book There Il vast difference be-
tween singing 20 a congregation In
sympathy with you and q crowd Of
courtroom hahltuca Brother Spears
was painfully conscious uf The fact
You know how thcec old time hymns
are sung tn the backwoods settle.
mentsg You begin 10 the basement
and work up % the roof and thcn leap
OF rom Tie dizzy height and finally
nnha The lire 10 the basement
That's The way che witness ala Tie
hnd good voice that is Il was strong
III Cahfiels trumpet ever gcta out uf
whact be- could utilize that voice and
wake the dead just as readily lt
seemed 90 threaten the window lights