Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-15

Sout IooH uoor as hilbert spoke, and q
deathlike silence followed. the jurors glanc-
ing at one another In utter bewilderment,
and the Judge himself staring with strained
intensity at the calm, resolute face Of the
public prosecutor. l no longer cherished
any prejudice against Deake Gilbert. and
my early impressions of the man had COM
pieteiy faded. Indeed. in the whirl of
events and the confusion of the moment
not knowing what to think or expect-I was
conscious of a firm reliance in his judg-
ment, OF a supreme confidence In his ability
10 handle the situation and extricate us all
from the maze of contradictions and sur
pr1ses in which we were involved
Suddenly Barstow staggered to his feet
and broke the silence with a burst
Of oh V toieI protest against continuing
sne .riai. It was preposterous. he as
serted. to begin rebutting testimony
necessity for crowding the work of two days
INTO one night. The situation demanded an
instant adjournment. 1t was inhuman to
prolons the case beyond the endurance of
jurors ana counsel, to say nothing of the
accused. He himself had not the physical
Strength to continue, and postponement
was imperative
ne lawyer swayed unsteadily clutching
wildly at the rail as he spoke but when the
prosecutor rose to reply he turned unon
MN with a torrent of invective denouncing
ms professional conduct and impugning his
MOVIES. .ho. . with such thunderous vehemence
mat the Judge was powerless to make him
sell heard. Finally he ordered a court ar
,enoant TO force the excited speaker to his
seat, out the instant the official laid n hand
upon ms shoulder Barstow flung him one
side with wave of his arm and continued
MS lmpassloned denunciation Then he
suoaehly paused, and, sinking into his
chair, slared at his opponent with all the
desperate ferocity of a mailman.
AS soon as the commotion among the
spectators subsidized Gilbert rose and ad-
dressed the court with quiet and impressive
uishlty. 1t was apparent. he observed that
nus opponent was suffering from nervous
strain OF unusual severity ana il nus ON
ciai DUTY would permit him to do so he
would gladly consent to the requested ad-
Journment But the ends Of justice, he as
sei.eu, were paramount to the comfort or
convenience of any individual and the
highest public interest demanded the imme-
gate examination Of Owen Hunt. not oniy
because he had been publicly accused of q
SriMe, put also because there was grave
Danger that another day might find him
physically incapable of testifyins to any
lacts In the case For this solemn reason
ne 1elt pound to urge the court to hear the
witness before 1t was too late
Gllbert's eyes never left the iudee's face
as ne spoke, and when he paused it was
apparent that his earnest wor DIS had made
oeep impression. Even to my mind they
sohveyeo suggestion of something left I'M
sald-of some underlying purpose which
must not be baked or halted
beIore his honor could respond however
farstoW was again on his feet vehementIy
ooi.. ,g tnat Hunt could not be called as
d witness without proper notice to the de-
Iense-that the list of witnesses which the
prosecutor had furnished, according to Ia w
old NOT include his name-that the defense
ceu,d not legally be subjected to surprises
OF TINS sort-that neither Hunt nor any
other witness could be compelled to testify
against himself. and Gilbert's ayoWed mr.
pose TO take advantage of a sick man ac-
n frfr, a TIL
the bar "
This man has already done his worst"
re shouted to make this trial a travesty
on Justice and a mockery of law! VIII the
court encourage him to outrage"
"A disturbance in the back of the room in
terrupted the speaker and as he glanced
over ms shoulder two men entered the door
supporting thlrd, whom / instantly recog-
n'zed as Owen Hunt. despite the bandaees
Wmch almost concealed his face, and be-
fore Barstow could resume his argument
the judge curtly interposed :
Il shall hear this witness, Mr. Barstow
ne announced. Take an exception and
preserve whatever rights you think in
fringed Mr.. Gilbert" he continued. lis
your witness mentally and physically equal
TO the examination you propose?"
The prosecutor whispered to his assistant
and glanced up quickly
He is equal to all demands which will
De made upon him, your honor" he an
swered firmly.
Then let him take the stand" directed
.le Justlce You can raise your right
hand, sir?' he continued, addressing the
witness as the attendants assisted him
INTO the chair Never mind sir Wen
dispense with that. Do you soIemnly swear
that the answers you shall make to such
questions as may be put to YOU in this
action between the people and Alice Emory
snail be the truth, the whole truth and
nothing but the truth, so help you God?'
Hunt touched the Bible with his lips, but
his eyes never left Barstow's face as the
judge addressed him.
Mr.. Hunt, are YOU aware that yo,, 40
NOT have TO answer any questions which
may tend to 1ncrminate or degrade Won
ana that you cannot be compelled to testify
against yourself in any way?"
The witness glanced up and nodded
I understand" he answered
Are you likewise aware" continued his
honor, that you have been accused In open
court OF the crime of murder-the murder
That is what 1 am here to answer"
The defiant response brought Barstow to
his feet.
Il advise the witness to remain silent!"
ne numbered. Il advise him that any,
timing he may say will be used against him.
No promise of immunity will be binding or
effective, and 1 warn him"
TN take my chances" Hunt interrupted.
Mr.. Gilbert?''
Il want you to tell the jury everything
you know concerning the death Of MIR.
Gregory Shaw
Barstow, Who had turned away with a
shrug of his shoulders, instantly wheeled
about. his face white with rage.
That is no way to conduct an examina
tion, and you know it!'' he shouted. fierceIy
Your honor. this is fragrant attempt to
prevent me from excluding improper tes-
tiniony 1t is"
The prosecutor will question the wit
ness in the usual manner" Judge Dudley
interrupted, but Barstow was not satisfied
for he Immediately interposed new obiec,
lions too technical for me to understand.
and no sooner carried one point than he
presented another contesting every inch
Of ground, and fighting against time with
wonderful persistence and resource. But
Ingenious his tactics were Judge Dud-
ley met them with prompt concessions.
yielding every demand until the obstruc-
ZIONIST desfsted from sheer exhaustion, and
the examination at last proceeded.
Mr.. Hunt. what is your business or pro-
fession?" began the prosecutor
The witness paused for a moment and
gazed vindictively at Barstow
Il am clerk-a private secretary-a GO
between-a cats-paw-a scapegoat! Well,
something of that sort" he added bitterly
In whose employ are your
Until today I was In Ferris Barstow's"
You mean Mr.. Barstow-the counsel for
AZ