Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1903-05-19

bert was seen shortly after five
o'clock near the place where his
,, father had been murdered. Half an
hour later he was in the city pawnins
gold watch, pair of sleeve buttons
! and knife which had belonged to
John T. Wright, and which he had
about him when he was murdered.
When the prosecuting attorney GO,
this far he announced that he could
not obtain one of the most important
of his witnesses, Detective Fenton,
who was nowhere to be found.
What do you expect to prove by
Fenton?" asked Mr.. Everett.
I'VE can show by him that pistol
with one barrel empty was found at
the home of the defendant" said the
prosecuting attorney, land we can
also show how he found the articles
which were taken from the body of
the murdered man"
1.-THE defendant is perfectly willing
to admit the truth of all that" said
Mr.. Everett, without requiring the
presence of Mr.. Fenton."
The prosecuting attorney was as
tonished, but he was also delighted
at this admission, which completed
the chain in his case. In conclusion
he showed that Wright had left no
will, and that by his death Herbert
would be greatly benefited. 1t was
still further shown that the ball which
had been taken from the body of the
murdered man was the exact size of
those used in the pistol found at the
house of Herbert Wright.
1t took about q day to bring out all
this testimony, which the defense
made no attempt to- tangle up in
cross-examination. An inexplicable
lethargy appeared to have infected
Herbert Wright's side Of the case,
end when the states testimony was
completed and the chain of evidence
remained entirely unbroken, the law
yers present declared that the case
was fawless, and that the value
of circumstantial evidence was
thoroughly vindicated.
Some of the lawyers who regarded
the case Internationally and purely
from legal standpoint declared that
such case, SO impregnable as a
whole, was an intellectual treat.
When the defense was about to be
heard Lawyer Everett arose serenely,
and stated to the court that the
answer to the charge of murder was
in this case of exceptional complex
ity. 1t involved the details of the
most thrilling romance, and it re-
quired an unusually large mass Of
evidence. He hoped, therefore, that
the court would indulge him consider
eble latitude In the Introduction of his
testimony, and he pledged himself to
Introduce no matter that was not
relevant to the theory of the defense.
This statement set the audience to
gossiping, and aroused considerable
amount of speculation. The prose-
cutting attorney, who was much fiat
tered by the perfection Of his case,
arose before the judge could respond,
and magnanimously said: II wish to
say for the state that hope the ut
most latitude will be INDUCED. If
there are any straws at which this
unfortunate young man can catch, /
have no desire to take them from
him."
..IhS court is inclined to be in.
dulgent,' said the judge, '.since bott
sides request it,
We ask no other Indulgence, your
Homer" said Mr.. Everett, ethan the
permission to tell our whole story in
our own way"
eCall your first Witness" said the
Judge,
~ believe will take Col. James
Franklin first" said the lawyer, ex.
aiming memorandum. IL am not
certain whether subpoena has been
served on him or not, but he is pres
ent, and presume will accept service
now
FraNkliR looked darkly at Everett
a moment, and then bowed grayelY to
the court, took the witAess chair
stolidly faced the lawyer, and twirled
his bis thNgmqqbs. Mr.. Everett asked him a
4W playful questions about HIS pro-
fession, his age, eteu which put him
n n suhduea passion, and then began
ia earnest:
sPe you know the condition of Mr.
WHght's estate at the time of his
dcath?"
II do"
ite.
"About $4,000"
when did Mr.. Wright dispose of
most of his estate2"
About 10 yeara ago he disposed
of ell hts property to the Shelby