The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1904-10-08
A POINT
OF A W

Jim Sanders"
"Waal jim Sanders, yer here to be
tried for the KILN of Andy Larry. The
said Andy Larry an you uns was play
In a small game at the Sunset saloon,
an Andy won consid' able Of you uns'
money. You draw'd student an with
no other pro%vercashun excep' losin' far.
jist because you was onlucky"-
ANDY was the onlucky one inter
rupted the prisoner, H dropped a ace
Of clubs on the floor when l had anoth-
er one in my hand"
Are you sure of that?"
TON Burke seen it. ] kin prove II
~ him"
Call Tom Burke" said the judge.
Burke took the stand and swore that
he had seen an ace of clubs lying on the
floor, a duplicate of which was In the
hands Of the prisoner. but he couldn't
say which man dropped it. He rather
thought it fell from Jim Sanders
sleeve.
Judge" said the prisoner impressive
ly. I've toyed with keerds, man an
boy, nigh on ter twenty year. My
reputation for skill should purtec' me
from sich a barefaced statement as
hat. There's hundreds of men as has
played with me who'll swear tina | am
incapable of any sich ~onhandiness. If
l take a keerd from my sleeve it goes
on ter the table an not on ter the
floor"
The prisoner looked around at the
faces Of those present for justification.
You've spoke a strong argument in
yer favor" said the judge, assuming a
judicial pose,
T prove what | say" continued the
prisoner, "Ill agree to deal myself two
aces of clubs from d squar' pack an
use one from my sleeve, an if any mem
Der Of the jury kin spot the tine l lone
any part Of this professional bit of
work I'll plead guilty. confess an lance
the o without objectin'."
"Jim Sanders" remarked the judge,
''prev'us to this charge you uns has
always bore a excellent reputashun.
an yer proposishun is worthy Of yer
standin' in the community"
A table was drawn forward, the
jury took seats around it, and the
prisoner was given the cards. He pro
ceeded to shuttle them, dealt a poker
hand to each juryman, dealt each man
to- fill. and, without betting, there was
ftNa showdown. The dealers hand was
three OF q kind, being three aces of
clubs. and two kings. The judge look
ed at the hand meditatively and then
turned the aces yer. One ace belonged
to the pack. The others had different
| hoolyc rho i,Iro onI jnrr Iool1o1 ~
he prisoner as If the ~vindication was
questionable.
Yer honor and gentlemen of the
jury" said he prisoner, Il hev lone as
/ agreed. | said I'd deal two aces of
clubs from a squar' pack and take an
other from my sleeve. The pack was
squar', an thar's the aces of clubs.
l could hev dealt 'em all from keerds
of the same pattern, as l hev 'em in
my pocket, but that wasn't what |
agreed to do. / agreed to deal 'em
from a squar' pack"
The judge continued to stare medi
tatively at the aces and then said to
the prisoner:
"Jim Sanders, l hev remarked on
the excellent reputashun o bore be-
fore the shootin', an l hev allus re-
| garded you uns a honorable man, but
l mus confess I was not prepared for
this spechul evidence Of yer high toned
| sense of honor. The experiment is on
tirely satisfactory. We will resume
our original positions"
The table was moved back into its
place, and the jury again placed their
chairs and stools in two rows.
Gentlemen Of the jury" said the
judge. "PIl now charge you The pris-
oner Is accused of shootin' in cold blood
one Andy Larry. The occashun of the
shOotin' is said to be the droppin' of an
ace Of clubs on the floor. the same ace
bein' in the hand of the prisoner. You
uns is forbid to consider the Onhandi-
ness of Andy Larry. There mustn't be
no prejudice ag'in said Larry Oh ac-
count of SIGH onperfeshunal clumsiness.
specially sence he's dead. What you
uns has to consider is, Did Larry drop
the keerd. or did Sanders drop it? An
you uns needn't consider if Sanders
dropped it, cause he's proved SIGH
muffin unworthy of him.. An you unS
needn't lug In no side questions like
whether the prisoner is guilty anyway.
even if Larry did drop the keerd. or
whether Sanders was right in assumin'
that Larry wasn't playin' far. You
uns is to decide if Larry dropped that
ace. If Larry dropped it, then you uns
Is to find the prisoner not guilty Of the
shootin'."
The jury rose, but before retiring the
foreman put the following question:
Are we to consider If the prisoner
lone the community a service in putin
out of the way a man that showed none
of them nice points of honor that the
prisoner has showed an a man that
was bringin' disgrace on US all by
bunglin'"
"You are to consider that pint" re-
piled the judge.
The jury then filed out to the saloon
where the shooting took place. In half
an hour they filed back again. and the
xAo -oR6inf.