The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1904-04-30
. POINT
or LAW
lOriginaI.J

WAL. Jim Sanders, yer here to be
tried for the KILN Of Andy Larry. The
said Andy Larry an you uns was play
In ii small game at b Sunset saloon.
an Andy won consid' Of you uns'
money You draw'd student an with
no other p~rovercashun excep' losin' far.
jist because you was tonlucky"-
Andy was the onlucky one inter
rupted the prisoner. He dropped a ace
Of clubs ON the tioor when ! had anoth-
er one in my hand"
Are you sure of that?"
TON Burke seen it. ] kin prove n
by him"
Call Tom Burke sail 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 SIGH a barefaced statement as
hat. There's hundreds of men as has
played with me who'll swear that | am
incapable of any SIGH onhandiness. II
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
judicial pose,
ITO prove what | say" continued the
prisoner. I'll agree TO deal myself two
aces of clubs from a squar' pack an
use n from my sleeve, an if any mem
Der of the jury kin spot the time | done
any part Of this professional bit of
work III plead guilty, confess an dance
the rope without objectin'."
"Jim Sanders remarked the judge.
''prev'us to this charge you uns has
always bore a excellent r~eputashun.
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
a showdown. The dealers hand was
three Of a kind, being three aces of
clubs. and two kings. The judge look
ed at the hand m~editatively and hen
turned the aces owe One ace belonged
to the pack. The others had different
backs. The judge and jury looked at
the prisoner as If the vindication was
questionable.
Yer honor and gentlemen Of the
jury" sale the prisoner, Il hey done as
I 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.
| could hev dealt ZEN all from keerds
Of the same pattern, as ! 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:
JluI DdllucTS, i Z tLldI htu Of
the excellent reputashun you bore be
fore the shootin', an ! hev allus re-
garded you uns a honorable man. but
I mus confess I was not prepared for
this spechul evidence of yer high toned
n of honor. The experiment is on
tirely satisfactory. We will resume
our original positions"
The table was moved back into it's
place. and the jury again placed their
chairs and stools in two rows.
Gentlemen Of the jury" said the
judge, "Ill now charge you. The pris-
oner Is accused of shootin' in cold blood
one Andy Larry. The o%ccashun 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 on ac-
count Of SIGH onperfeshunal clumsiness.
specially he's dead. What you
uns has to consider is. Did Larry drop
the keerd. or did Sanders drop it? An
o uns needn't consider if Sanders
dropped it. cause he's proved sich
muffin unworthy Of him. An o uns
needn't lug in no side questions like
whether the prisoner is guilty anyway.
ven IL Larry did drop the keerd. or
whether Sanders was right in assumin'
that Larry wasn't playin' far. You
uns is to decide II La dropped that
ace. If Larry dropped il. then o 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
done the community a service in putin
out of the way a nan 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'T'
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