The star. (Reynoldsville, Pa.) 1892-1946, 1905-07-19

have been elsewhere on that evening OF
night, we are all right"
"Oh, an alibif"
Exactly"
The bitterness of feeling between
Frank Osgood and himself he freel.
admitted, though he said:
ut is all gone now, since Miss Mari
and myself understand each other"
The matter of the footprints, Harry
thought a simple absurdity. 1t was
quite possible that the shoes Of both
we're of the same size, and possibly
the same make.
Young Osgood was great favor
ite," said his counsel, "and had not an
enemy in the world as far as known,
except yourself. And as there is no
evidence of robbery, what possible mo-
tive could lead anyone to put him oSt
of the way? That is what the other
side will argue" he said to his client
"You were the one enemy"
Over three months had elapsed since
the disappearance of young Osgood,
and the trial of Harry Cummings was
about to take place, but close confine-
ment in prison and depressed spirits
had together so worked upon his
health that he was seriously i'll of slow
fever, too i'll, as the doctors testified,
| to he brought up for trial. This was
unfortunate in one respect. 1t gavs
those who believed in his guilt fresh
item of gossip, and they declared that
| his illness was assumed in order to
stave off the conviction which would
follow his trial.
At last, after considerable delay
the trial came on. The principle evi-
dence relied upon by the prosecution
was that which has already been men
toned. and through the ingenious mani
pulation of the district attorney, very
strong case, based upon circumstantial
evidence. was clearly made out against
Harry Cummings.
Now it was that all the womanly
tenderness of Mary Marr, all the sim
cerity of her affection, and all her
confidence in her lover, shone out in
beautiful relief as compared to the Sc
we're ordeal through which he was
called to pass. She was by his side
| in court, she visited him in prison,
she ministered at his sick bed, and she
| loved Harry all the better because he
was the victim of such misfortune.
The case had been nearly closed. 1t
was the morning upon which Harry's
counsel was to make his closing argu-
ment. The courthouse was crowded
| to suffocation. There was little doubt
in the minds of the public that Harry
Cummings would be brought in guilty.
Some trifiing matters, which we need
not now refer to, had been brought to
| light which were thought to still fur
ther implicate the prisoner. The court
was opened with more than usual SOL
emnity.
The counsel for the defense rose and
delivered very strong argument
against the weakness of circumstantial
evidence. 1t was philippe that COM
manded profound attention, and even
the judges listened to it with earnest
ness and surprise, it was so well eX-
pressed, and so indisputable in its de-
ductions. And now, may it please the
court and gentlemen Of the jury in re-
ply to all the evidence introduced
against my client, in reply to the fall
] ,,f pt,.p tnt oil
dence, shall give you but one proof"
He walked quietly to a side door, and
opened it.
Frank Osgood walked into the court
we'll and hearty, bowing low to the
Judge aud jury!
The surprise of all can hardly be de-
scribed.
10 was impossible for the officers to
preserve a proper state of decorum
under such exciting circumstances, and
cheers arose in the room from the
crowd, so genuine, so spontaneous, as
to defy all attempt to control them,
while some of the women tainted,
partly from intensity of feeling, and
partly from excitement, caused by the
noise, which was for some moments
perfectly deafening. Frank osgood
was very generally known to those
present, and was, of course, instantly
recognized.
Walking up to the prisoner Harry
Cummings, the long-missing man gave
Him his hand cordially, which created
another burst of applause, and it was
absolutely necessary to clear the court
room before further legal proceedings
could take place, owing to the reign
ing excitement among the spectators.
All was soon explained.
The night before his disappearance,
Frank had made an avowal of his love
of Mary Marr, and had been firmly
but delicateiy refused. This so morti-
fed and embittered him at first that
he became almost crazed. He did not
20 to bed that night at all, but, jump
ing out of the low window, wandered
he knew not whittier. Finally COM
ing to the shore, he saw a ship just
letting go her moorings to drop down