The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-23

pointed that he was not cross-examined.
An old doctor with frowzy whiskers, long
hair and a paper collar. bore witness that
the wound was in the back OF the chest,
between the sixth and seventh ribs, and
went into the heart-sac. All seven of those
who saw the fight testified that Bronson
was starting to run away from Rutherford
when the latter drew the knife. All these
things, however, did not keep Fletcher
from asking each whether il was not pos
sible that Bronson was whirling around
with a club when the knife thrust was
given. The old doctor was treated with
great consideration of manner, as being
the family physician of three of the jury,
but Fletcher put him through a long cross
examination:
You say, doctor, that the heart-sac was
cut; is it not possible TO cut the heart-sac
from the front?'
Yes; bat this one"
lone moment doctor; please answer my
question by yes or no and stop there.
If knife were to be stuck into the chest
at the proper point from in front, would it
not puncture the heart-sac, too?'
Eyes; but it wouldn't"
IL thought so. Now, doctor, in all your
wide experience did you ever know the
heart-sao to be cut with a knife from be-
hindu"
Il never
Doctor, it's scientific fact, isn't it, that
most stabs that reach the heart are given
from the front?'
Yes, sir"
"That will do, doctor 1 thank you for
| the light you have thrown on this case"
| and Fletcher turned to Uncle Tommy with
a smile of intense satisfaction. and to the
| jury with look which was the very quint-
| essence Of triumph.
| But everybody in the crowded courtroom
knew that the stabbing of Sam Bronson
was a cowardly, premeditated murder long
| before the defense reached it's last hours
with a long procession of witnesses.
When the arguments began the room was
| damned full to the doors and windows.
| The young lawyer made the first speech,
and people were interested in discovering
what quality of speaker he was. He con-
! fined his attention to the law points chiefly.
| for in Illinois confidence in general educa-
ton is so high that the jury is the judge
of the law as well of the evidence.
Then Fletchers turn came. He was sur
rounded with law books and had a glass
| pitcher full of water near at hand. The
| heat of the room was swelteTing, and he
| had taken off his coat some time before;
now he pushed his shirt sleeves tightly up
| nearly to his elbows. His handkerchief
was laid punched, on the corner of the
table His voice was large enough to be
| heard in the square outside before he had
| completed the first sentence
! He spoke of Inconsistencies in the testi-
mony and the trifling character of the evil
| dence given by the men who could not re-
member whether the moon was shining or
not when this was going to be a most i'm
| portant point in court later. He talked
for an hour on the text that the defendant
must be proved guilty beyond a reasonable
doubt before he could be convicted. Fletch-
er knew the full value of this doubt maxim
| in the jury room in the hands of a consci-
entious man.
! Gentlemen, you say that there is
not the least chance of Tom Rutherfords
| being innocent in the eyes of the law?
| Can you listen to the evidence given by
DR.. Harris, an old physician of experience
and that education which comes from the
school Of experience, a man Of high at
I tainnents in the medical profession,
| spected all over this county'-and Fletcher
turned to the three men who employed the
| doctor regularly-''a man who is honest
as well as intelligent, that, although he
| was subpoenaed here by the State, he gave
the strongest testimony for our sde-be-
cause it is the truth'-and Fletcher's voice
rose to the proportions of the thunders of
Jove; "can you recall his evidence that the
wound might have been made from in front
while Bronson was in the act of swinging
a murderous club to strike the defendant
in this case-can you do this and say that
the defendant is guilty beyond a doubt?'
| Fletcher's voice was as loud as a country
lawyer with big chest can accomplish.
The states attorney became confidential
1 and fraternal with the jury in the begin
ming of his speech, and waved his arms
| frantically he swan through a sea of
blood in philippics against the ruthless de-
stroyer of a happy home, but Shacklett did
not hear much of his address to the jury
The first thing the states attorney said to
his young confrere after he closed was:
We've lost it; that damned Shacklett will
hang the jury till next Christmas if they
don't come his way or agree to disagree.
Yes" the young attorney replied; The
paid no more attention TO what you were
saying than you did to the birds outside
| Fletcher's got him solid
The hustle in the courtroom and the
sheriffs calling out "O-o-r-rder in the
COURT Brought Shacklett back to his sur
roundings when the states attorney sat
| down. He tried TO remember what the
| lawyer had said and could not recall a
word, nor thing that had happened since
he had caught sight of his mother over by
a window
He had thought that easy way to earn
the county clerks office was TO keep a man
from serving the rest Of his life in the pen
itentiary. He had wished that Fletcher
had not dwelt so much on the reasona bic
| doubt proposition, and had spent more
time in picturing the horrors of the state
| prison to a young man sent there for the
rest of his days There was no reasona bic
doubt of the cowardly and complete guilt
of Tom Rutherford, but there were objec-
tons in the breast of the warm hearted
| young man to sending another to prison for
unnumbered years. This thing of inexora-
BILE law was something of an abstraction
anyhow, and what good would ii do the
Bronsons to have Tom Rutherford pun
ished so severely? He had been scared into
being a better man anyhow, and would
never kill anybody else. All Shacklett's
gOod-hearted feeling of the brotherhood Of
man urged him toward voting acquittal and
sticking to il: and the fact that n would