Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-24

would never have resumed my seat In the
Jury box. but at the time knew of no al
--ternatiye.------------
Moreover. despite all my evaporation and
suspicion / had guilty feeling that had
not been entirely frank with the court, for
| knew very well that 1t was not my expert
ence at the Shaw farmhouse, but my ac-
quaintance with Barbara Frayne, which was
the true source of my embarrassment. The
conversations / had overheard had not vi
tally affected my Judgment, but the new
influence which had come into my life was
too powerful to be ignored and too sacred
to be lightly surrendered. / could not have
explained this, however, in Deake Gilbert S
presence without making myself ridiculous,
but had / done so / would doubtless have
succeeded In forcing my release Certainly
If l had told of Miss Frayne's attempt to
retain me on the jury / would have been
allowed to resign. but this disclosure might
have cost her something more unpleasant
than ridicule.
The court crier interrupted these
conflicting emotions resumed
my place in the jury box, and the
audience rose as Judge Dudley entered the
room and assembled the bench.
Prior to my Melton experience had pic
tured the bench as sort of throne cush-
cence and reached by flight of low, broad
steps. And-yes-I remember there was
always generous display Of ermine
draped carelessly in the foreground. Even
a mystical significance to my mind. Il
think possibly I associated 1t with the
elevation of the host" but. anyway, 1t
conveyed the impression of a pompous
ceremony BETTING my conception of the ju-
dicial throne.
But the bench of the Melton court house
was merely cane-bottomed swing chair
placed before large yellow table desk,
which rested on an uncaroeted board plat
form six or eight inches high. This unpre-
tentious dais was. however, In entire keep
hn ~ ttcni hos h,rn
walls. ominously cracked ceiling and
rough, bare floor were not by any means
impressive. Even the jury box was no box
at all, but merely a square pen. large
enough to admit twelve highly uncomfort-
able chairs arranged in three tiers. This
and the rail guarding the bench, two ia
bes, some chairs for the use of lawyers
and number of pewike settles for the
public, comprised the furnishings of the
court. AS country school room II might
have passed muster. but as hall of JUS
tice 1t lacked something OF dignity.
That something, however. was supplied
by the presence of the Honorable Cephas
Dudley. The moment lie entered the place
was transformed all its meanness and
behind the ugly yellow desk and bowed to
the public and the bar l felt that the maj
esty Of the law stood fully INDICATED.
That austere old gentleman with his pro-
truding lower lip and his rusty broadcloth
made realize for the first time the dis
tinction between imposed and constituted
authority. The pomp and trappings of
power might be essential for the one but
they were wholly unnecessary for the
other. His honor was of the people, chosen
not to rule them. but TO rule for them,
and as an American | then and there con-
fidently-almost giady-submitted myself
to his guidance and authority.
Hear yet Hear yei Hear We! All-pur-
sons-havin' business with this trlalterm-
supreme curt held-in-an- fer county-of-
Melton-town- err Melton dra W. near-an' give
yer tention-and-yer-sh eheard!'
Gilbert rose as soon the court crier
had gabbled his formula and began the
days proceedings by waving the right to
continue his interrupted address to the jury.
He had concluded he explained, that the
outline of the story already given was suf
hcient to enable the jury to follow the
testimony, and he would therefore proceed
at once to the examination of witnesses.
The judge nodded acquiescently, and
Barstow instantly began another appeal for
his clients discharge. The facts disclosed
by the prosecutors opening showed no case
against her he declared moreover, there
were technical flaws in the proceedings and
errors OF omission and commission which
were fatal TO the further continuance of the
case.
This and much more Barstow submitted
to the court with evident confidence and
sincerity. But, though he supported his
contention with many legal precedents, and
made a long and earnest argument upnolI-
ing his position, l could not see much force
in anything he said The Judge, however,
listened attentively, and when the last word
was spoken he turned expectantly to the
prosecutor.
We'll, Mr.. Gilbert what have you TO
say?' he inquired sharply.
There was moments pause and then
Gilbert rose slowly, his eyes twinkling with
amusement.
II have nothing to say. your honor" he
answered, gravely. The counsers argu-
ment is unanswerable. In fact, IL reminds
me of this ancient rhyme:
Let my opponents do their worst.
Still my First Point Is Point the First!
Which fully proves my case because
All Statute Laws Statute Laws!"
The judge pounded his desk as Gilbert
resumed his seat, but the laughter which
greeted his reply was not easily depressed,
and even when order was restored belated
outlaws broke out in various parts of the
court room. Finally his honor denied the
motion for the prisoners discharge, and
Barstow. his face flaming with anger, again
rose from his seat.
II take an exception to your honor's ru!-
ing he observed, land / deplore the lev
ity which characterizes the prosecutors
conduct in matter OF life and death"
A hush instantly settled upon the crow l.
Ell benches. and. heartily ashamed of my
own participation in the mirthful outburs.,
l felt sudden admiration for the man who
had so signally turned the episode TO his
own advantage.
Then Gilbert called a witness to the stand
and the fight was fairly on.
As l followed the proceedings of that
first eventful morning, the prosecutors
JeStinS remark in the judges chambers fire.
quently REQUIRED TO my mind. The law was
apparently very like a game, and a game
which not only taxed the mental powers
OF the players. but also demanded great
physical strength. Even the court room IT.
self. crowded to its very DOORS suggested
an amphfheater whose audience watche
every movement of the combatants with
hungry interest. but with no visible SYM
pathy for the woman over whose life the
legal champions were battling.
Barstow concentrated his gaze upon the
jury box as Gilbert began the examination
of his first witness and scarcely relaxed
LIS scrutiny during the entire morning l
am certain 1 paid strict attea-
tlon to the testimony. but when
ever my glance wandered from
the witness-stand my eyes invariably
sought his. and each time our gaze met
was conscious of the uncomfortable SEN
sation 1 had experienced In the judges
chambers. At first / gave 1t no thought
but little by little ] felt myself becoming
fascinated by his steady. searching gaze
until l suddenly realized that his was the
only face l saw whenever / glanced about
me- Then il instantly flashed upon me that
the man was attempting to subject me to
his will. This discovery was disturbing
enough in itself but II was nothing TO the
thoughts which followed--com!ng like ter
rihed whispers TO my mind.
was Barstow resorting to such measures