Alma record. (Alma, Mich.) 1878-1928, 1905-10-20
WHILE THE
JURY WAS OUT
BY William Frederick Dix


dusty cottonwood trees growing dis
piritedly on each side of the road
that stretched away from the little
sandy square to become. a few hun
dred yards below. the main street
of the town, and upon the tin roofs
of the two story brick or frame
stores on each side of it. The jury
had been out over night. and al
though IL was 10 o'clock In the
morning. had given no sign. The
prisoner had not yet been brought
up from the county jail near by, and
the group of men directly interested
in the proceedings were sitting and
lounging about the steps, smoking
and carrying on desultory converse
ton. The district Judge. sitting on
the top step, was an Eastern college
man, about forty years of age, once
an athlete, and still with trim.
slender figure.
The small boys among the group
of hangers-on in front of the steps
were beguiling themselves tossing
the ball, and the prosecuting attor-
ney, a young graduate from the East
who had come up from Pueblo.
called out:
Here you are. Johnnie. give US a
catch!"
The small boy who had the ball
grinned sheepishly. and threw 1t at
him.
Harder. harderl" said the young
lawyer. cheerily. That's no way TO
pitch a ball Throw it in this way"
and the boys hands were scorched as
he caught the return.
Say, kin you pitch a curve?" he
asked. Lets see you do It,"
"All right" said Hardy. taking off
his coat Here you go. Hold on"
he added, you couldn't catch 1t If
did. Here, Mr.. Hackett go out
there and let me throw you few
curves"
The others laughed at this, for
Hackett, the senior counsel for the
defence, also up from Pueblo for
the trial, was an enormous middle
weight Hoosier, feet . inches in
height and weighing $50 pounds.
He had n mass Of crisp black hair
coat and trousers. low turned down
collar and ready made tie. He was
slow moving and ponderous, though
forceful and shrewd in his profes-
sion; deliberate OF speech and any
thing but an athlete.
Here. III catch you," exclaimed
the junior counsel, Blake, a some
what lanky, powerfully built Wes-
terner, rising and depOsiting his
rough brown sack coat beside
Hardy's.
"Geel you've got muscle" he
added, rubbing his hands after the
first pass
"Hurray!" yelled the small boy,
that was a corker. Git on TO them
curves, Clarencel" he cried in wor-
shipful admiration.
Wouldn't mind a little of that
exercise myself" said the Judge, ris-
ing interestedly and hesitating on the
steps.
why not have little game
while we are wsiting?" said Hardy.
half jokingly. Come on, sheriff"
Moved by a common impulse, the
little group frightened up, threw
away their cigar ends and moved
half apologetically into the sand
square. At the left OF the courthouse
and adjoining It was small open
field of we'll trodden. dusty grass.
where a scratch half game was
played occasionally and where horses
were tethered during the court One
OF the small boys was despatched
for a suitable bat and ball and
catchers glove, and by the time the
sides were arranged he came racing
back with them, highly excited, fol-
lowed by several other small boys.
No one had the slightest idea of
being drawn into a game when he
left the steps; but the reaction had
worked insidiously. The trial had
been particularly exciting one, and
those who had followed Il were tired
after the three days strain In the III
ventilated courtroom. The sympa-
thies of all had undoubtedly been
with the prisoner, although the
State had been vigorous in its prose
cution and the judge had conscien-
tiously done his duty Murder had
been committed at jamestown Creek
few months previously. though a
change OF venue had been obtained
TO Fort Morton. the prisoners own
town
Copperthwait had always been a
quiet. law-abiding ranchman lie
was under thirty years OF age. big.
broad shouldered and swarthy, din
dent ia manner and somewhat slow
OF speech. though he had been slow
ly and thoroughly angercd in a
quarrel over q bunch OF cattle Six
or eight steers had been branded
twice. one mark over the other. and
tie dispute arose over this. Duke
the victim of tie shooting. had
borne bad reputation. and tilc vii
lago street was usually more or less
uncas during his infreguent visits
Re bad killed his man. and hal been
known 10 boast OF IL several times Ia
Flynns SAIGON. After this iasi quar-.