The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1904-11-18

ta!ned a divorce had she so wished;
here Was no necessity for her to seele
freedom by causing his death. Mrs.
Dumbarton Was a woman of blamcless
life. and all who knew her could bcar
witness that hers was not the wicked.
d~eprayed and malignant heart hat had
conceived and carried out such a
crime.
There was no necessity to say more
TO amy enlightened body of men. He
had pointed out the gross improbable
ity. he might add, the utter fnpossi-
hility of such a deed being done by
such a woman; the lack of evidence
TO support so serious an accusation:
the inadequacy of motive on her part;
and he would ask the jury. as men OF
judgment and as lovers of justice 20
return q verdict which would free this
suffering lady from the in-convenieHces.
the hulniliations, and the foul sus-
ptcions OF Which unhappy circumstan-
ces had made her the victim.
George Coris sat down at the canclu-
sion of his speech with d sense OF salts
faction at having done his best For his
client, but Xix ewise with the knowledge.
that his case was weak and his argu-
lnent inconclusive. At the request of
a juryman, the maid was recalled and
questioned regarding the voices she had
heard on the night OF the tragedy, but
she merely repeated what she haG al
ready stated, and no further light on
the deco Was lOfllCOlnlng.
The coroner then summed up the cvi-
dence. The jury. he stated, must dis
miss from their minds all inadmissable
statements made by the solicitor for
the person suspected. They had heard
the evidence and they ought to find u
verdict contingent and dependent on
their conclusions. He would recall to
their minds the chief points of the evil
dence given. And he then dwelt briefly
but forcibly or the persecution the
suspected person had endured at the
hands of an unprincipled man; on his
demand for money; his entrance to her
mouse, where he was discovered muir
dered. the instrument by which his life
mad been taken being noticed in her
hand. The supposition that an unseen
and unknown eng had caused the
death OF David Dumbarton had, so
far as could be aseertained, no founda-
ton In fact.
Evening had come before he had I'm.
lshed his remarks and the jury had re
tired to consider their verdict. Gas
ilared IN the court, poisoning the close
atmosphere; strangers had come aud
gone, reporters had relieved each other,
the officers looked jaded. But the m
terest which had begun to flag in the
public mind now suddenly revived. the
silence was broken by whispers; the
court, which had p~erceptibly thinned
an hour 6 became ~sutfocatingly
crowded.
Olive Dumbarton, sensitively con-
scious to all that went on around her,
preserved a calnness that she felt was
unnatural; her emotions were frozen;
the tide of her life seemed to stand
still. Those around her, George Bos-
took, her solicitor, DR.. Quave, betrayed
their excitement by their restlessness
and by thea anxious manner with which
they regarded her. 1t was a relief to
her and TO her friends when the Jury
once more entered the court. She
heard their footsteps without a quick
entng of her heart throbs, and saw
without n fiutter of hope the isols of
satisfaction they wore at having come
to the end of q troublesome duty, for
she knew full we'll the verdict they
would return, and foresaw the fate that
cruelty awaited her. That which was
to her probably a matter of life or
death was to them an exciting incident
In the mototony of their daily lives.
In another moment the foreman OF
the jury declared that they were unani-
NOUS In their opinion that David Dunn
barton had met his death by being
stabbed in the breast, and that the fatal
blow had been struck by his wife.
The verdict was received in profound
silence. broken by the coroner's voice
as he proceeded to explain the differ
ence between murder and man.
slaughter. with a view to helping them
In their decision as to which form of
the crime had been committed by Olive
Dumbarton. Granddaughter was uniaw-
full act of killing another without mall
ice, either expressed or implied, and
was either voluntary or Involuntary,
While murder was the unlawful killing
of n creature by any means with
malice a~forethought, and with a settled
purpose to revenge. The evidence they
had heard must be the best guide to
their decision. If it was their opinion
the deceased had, in backing his de-
mands for money, OF through charac-
%teristic brutality, used violence which
in an act ON his wife's part OF
self defence; or if they considered the
fatal blow vas given during one Of
those paroNysms OF passion which.
While the frenzy lasts. stills the voice
of reason, and renders its victim reck-
less of the consequences of his or her
deed. then they must return a verdict
of manslaugkter.
Without quitting the box, the jury
gave 1T as their opinion that the case
before them was one of rn~anslaughter.
Ihe coroner then, turning toward the
black robed, immovable figure which
was the center of all observation, said:
Olive Dumbarton, the jury have In,
CURED into the cause attending the de-
mise of your husband, and have come
to the conclusion he met his death
at your hands. 1t is, therefore, my
aulS W eoiiiHllt you 10 the next a%SSizeS.
TO be holden at the DID Bailey, there
to take your trial upon that Charge.
On this George Coris applied that his
client might be liberated on bail, wher
coroner said he would accept bali
two sureties for the appearance of
me accused SO charged with man
slaughter at the ensuing assize.
And the necessary formalities, having
one through, Olive Dumbartan was
ed from the c%oroner's court and driv-
an home by George Bostock; Veronica
sitting beside her, clinging to her.
holding her hands. the girls sad eyes
liked upon her mothers immobile face:
olive Dumbarton herself, weighed down
a sense Of impending woe, heavier
to bear ana darker TO meet than ienta
Itself.
CHAPTER VII.
On recovering from the dull stupor
by the death of ha- b,,gha.t