Gilpin observer., 1904-04-21

ence, indiscriminately mingled. Tho
prisoner himself. ignorant Of the
meaning of all this, sat on an up
turned tub, unshackled and unguard-
ed. Back of these figures appeared
the heads of a double row of horses.
Back of the seated men others were
massed. standing in the doorways.
Outside the building stood crowds,
now and then increased or lessened
by those who passed in or out of the
room where the court was in session.
These interested spectators were for
the most part dark, sunburned men,
wearing wide hats and narrow boots
with spurs. They all were armed.
Leaning against the sides of the man.
gers, or resting hand upon the
shoulders of another. they gazed calm
ly at the bar of Justice. The attitude
of Ellisville was one of sardonic calm.
AS a function, as show, this trial
might go on.
'Yo' Honah," said the attorney for
the state, arising and striking an at
titude learned in earlier forensic days
-"yo Honah, an gentlemen, rise to
mate penalty of the law. case of the
most serious, the most heinyus crime,
committed by the most desperate and
dangerous criminal that has thus far
ever disturbed the peaceful course of
ouah quiet little community. There
he sets befo' you," he cried, sudden
ly raising his voice and pointing
forefinger at the prisoner, who sat
smiling amiably. There he sets, the
hardened and self-confessed crimi-
nal, guilty of the foulest crime upon
the calendar of ouah law. A muir
derer, gentlemen, murderer with red
hands an with the brand Of Cain upon
his brow! This man, this fend, killed
ouah fellow-citizen, Calvin Greathouse
he brutally murdered him."
The orator knew his audience. He
knew the real jury. The shufling
and whispers were his confirmation.
"Yo' Honah," began the accusing
voice again, Il see bim now. There
sets the man! There he is befo' you!
His guilt has been admitted. Answer
me. gentlemen, what is ouah 1uty in
this case? Shall we set this incarnate
fiend free on the Ian again-shall we
let him come clear O. this charge
shall we turn him loose again in ouah
midst to murder some other of ouah
citizens? Shall we set this man free?"
His voice had sunk into whisper as
he spoke the last words, leaning for
ward and looking into the faces OF
the jury. Suddenly he Strengthened
up, his clinched hand shaken high
above his head.
"No!" he cried. mo! say to
you, ten thousand times no! This
man shall not go free! Justice, yo'
Honah, justice, gentlemen, is what
this community asks. An Justice is
what 1t is a-goin' to have. Yo' Honah,
an gentlemen, yiel to the statement
O. the defense"
Franklin rose and looked calmly
about him while the buzzing of COM
ment and the outspoken exclamations
OF applause yet greeted the speech Of
the prosecutor. The sentiment Of
pity was strong in his heart. He re-
solved to use all he know of the cum
ming Of the law to save this half-wit-
lCu SdNd6C. IlS QcIcI u1lueu 10 Q6leaI,
il possible. the ends of technical JUS
tice, in order to secure a higher and
a broader justice, the charity of q di.
vine mercy. He realized fully how
much was there to overcome as he
gazed upon the set faces of the rea.
jury, the crowd of grim spectators.
Your Honor, and gentlemen of the
jury" he began, ''in defending this
man stand for the law The repre-
sentative Of the state invokes the
law. yield to no man in my desire
to see better day of law and order
in this town. We are two years old
in time, but a century old in violence.
Is 1t merely your wish that we add
one more grave to the long rows on
our hillsides? Is that your wish? Do
you want a trial, or do you wish
merely an execution? Gentlemen,
tell you this is the most important
day in the history of this town. Let
us here make our stand for the law.
The old ways will no longer serve.
We are at the turning of the road,
Let us follow the law
Ito be continued.)