The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-09

Yes; you'll need counsel, Brooke
persisted. 1T wouldn't be fair to
you to proceed without giving you the
benefit of advice from some one who
knows the law ~.
"Oh, 1 don't know" Ellsworth said.
"All want is a fair show. I reckon
I'd get that without lawyer. I'm
satisfied" He did not appear at all
nothing hippant in.-his attitude; he
bore himself with a respectful regard
for the dignity Of the court; his nom
chalance seemed to be wholly on his
| own account.
No" the judge said; that won't
We'll, no; I can't" the prisoner
| replied, a little reluctantly. II don't
own anything. I rented a little piece
of land this summer-run it on
shares. I had fair crop, and I've
sold my share. But Twelve blowed
the money I got for it. I haven't got
any left
Judge Brooke glanced about the
court room. Does any one know this
man personality" he asked. The big
sheriff was upon his feet.
- Il know him, Judge" he said. I've
| knowed him a good whichever. since
my first term"
well what about him?" Brooke
asked. DO you know his circum-
stances ?"
Hes told his circumstances fair as
I could. He's told it just as it is.
Jimmy amt got nothin'."
VERY we'll. Under such conditions,
Ellsworth, 1 have authority to appoint
| counsel for you. at the cost Of the
county. Are you acquainted with any
lawy err here? Is there any one you'd
prefer?"
Ellsworth turned to face the many
lawyers sitting around the tables and
against the rail- Il amt Particular
he said. Suit yourself, judge, and
Judge Stillings,' Brooke said
abruptly, 81 shall appoint you to de-
fend this man, if you care to assume
the case" ,,
Then came a whispered sconsulta
ton betWeen attorney, and t9llent; then
the arrangement, the perfunctory plea
Of mot guilty" and the droning work
of empaneling a jury That done, the
case proceeded uneventfully. Three
or four witnesses for the state gave a
succinct story of the crime. In the
preceding summer Ellsworth, while in
the employ of large farmer In the
county, had been several times en-
trusted with charge Of car loads of
fattened cattle shipped to the nearest
ed a good man at this work. His en-
pIoyer had reposed. such confidence in
his Integrity and was himself so easy
going that he had not held Ellsworth
to q strict accounting with vouchers
and bills of sale. By and by he had
discovered, quite by accident, that
Ellsworth had been guilty of a sub
stantial peculation on one of his trips.
With his faith shaken, he had pre-
ferred the charge for. WHICH FL: Ellsworth
was on trial. That was all. The proof
was clear and, direct-soc undeniable
that Stillings did not. much concern
himself with cross examination OF the
|, witnesses. In an hours time the state
had rested it's case. Then came an
, other whispered consultation, ana
: StillingS arose.
MAY it please the court" he said,
in his professional manner with this
evidence before the court and jury,
the defense. wishes to withdraw the
plea OF; not guilty, and, to enter in
stead. a plea Of guilty. But: IN, that
connection the prisoner wishes to
: make q statement to the court IN MS
own behalf
Judge Brooke leaned forward upor
D.. his dingy desk, knitting his, broWs
; looking intently into Ellsworth's un
= abashed eyes. He briefly instructed
= the jury then took up his pen, ant
: wrote an entry upon his docket
y which he read aloud. The Jurors
p were discharged. ..e1trFH. IT, {, ,..~
I "Well,'' the judge :. said? interrog
i atively, what does thea prisoner wisl
0 to say?" 5-':s "'RF1tH ,t2:T = S&&At'
Y Ellsworth arose in his place. "Onl!
o a little. judge" he said. Il haven
got nothing to say about the evi
g dence; it's been straight enough
> > all true, just like it happened. 1 di'
:. knock down some money that WASH
II mine-about a hundred and fifty.
e done it because needed it.
q thought I needed it-Thought I coul
r not get along without i'll recko
q that's where72,Iy missed. a. nay. cue;
q reckon I'd been aat heap: better off
9 I'd let it alone. But didn't seem t
/. be satisfied to have it that way.
e reckon that don't matter much nov
j. But I'd like to say a word about some
- thing else. You've heard what MI
:. Burton, him that I stole from, sal
~ about my good character before Thu
I had it., too, Judge; nobody the
st knows me can say Ganything about m
n but just this one thing; I had a goo
character. aifl't Begin off, under
y. stand I'm here to take my medicine
So like I deserve; but I'd like to have m
y, time in the pen made ;as short as 20
can make it. 1 paid back the none
10 to Burton, just couple Of weeks ag
e. e. that I stole. He'll tell you so. S
r. he amt out anything. That's what
IF done with the money! got out of m
h corn. That's why I didn't have ar
Of to pay a lawyer with, I paid hi
is every last cent. with interest on to-
Id And besides that, I've paid in 9th.
s. ways for my stealin', a hundred time
ne over. If I lived a thousand years,
o, couldn't steal no more. That's all
~ wanted to say. hope you can NAL
:. my time short. I've got some use f,
=. myself outside the pen. I've ju
found that out since I done tn
r.. stealin'." -..., .....,-.-. ..., =
tn His eyes had"not dropped while 1
Dis spoke; he had met Brooke's scrutir
ke fearlessly. Now. that he had finishe
DIS he waited in respectful attention.
Ellsworth" Brooke said in a m
n ment,. ''have you told me everything
no should like to hear the whole story
~ For the first time the prisoner w
~, visibly embarrassed. A flush crept u
-. .l flooding his cheeks, mounting to tt
- very roots of his hair; his glance fe
~ and his fingers worked nervously upt
~ the brim of his old hat, which he he
h before him. Then he laughed sham
l n1 facedly. -
81 well, no, judge, I haven't told
70, ALL I haven't kept anything ba,
W about the stealing, tho. But there
un there is something else. It don't NAL
ele no difference, tho, to anybody but m
'tv it don't make my stealth any black
he or any whittier. You'd see that, if