The daily Alaskan., 1905-07-10
A NEW KIND OF
 CRIME
orirlnall

ms Neff case lo NohltN utWs " marked 6 cltlreu of Excelsior, west. ern mining camp, we've he'd trials fer horse stealth, robbery, murder and every crime laid down in the diction- ary, but thls yere crime -divorce-hes never come up before
 They say Cy wharton's goin' ( hev lawyer from Frisco
 "Y' don't mean e Whats he goin to do that ferg I've been thnkln' Cy's not trcatiu' his wife far, and now I'm sure or t"
 The lawycr Mir. Homer HobSon, a young man employed by reputable law Rrm, was sent out Co conduct thc case of Wharton versus Wharton. the firm SuppoSlug that regular court would bc held. When Mir, Robson arrived he was somewhat disappointed Co find that Judge Lynch was on the bench. It was too late to withdraw, and hc procec,led Co attend Co Wharton's inter, csts as best he could Mrs, Wharton was thc only woman tn court very good looking person. with an honest countenancc. She needed no lawyer, for she had the entire sympathy of cv. cry one present MT. HobSon called the first witness for the plamti0, Wharton's partner, Tom Clough and procccled Co examine him.
 where were you on the night of the 10th Of Juue|
 "walklu' down by the creek"
 state what you saw on that occa- sion"
 q seen the defendant and the O. reSpondcnt'--
 'Sce here. Tom Clough," the judge Interrupted, "you been talkln' to the lawyer"
 How do you knowy' asked Clough, not being sure whether or no De had a right to do so,
 whats a corcspondenty" asked the judge to try him.
 'The woman In the case"
 "An right, % on. Reckon v know more about law than I thought"
 "waal seen them two Slttin' on a rock, with their arms around each oth- CTS neck"
 "See anything morcT
 "No."
 Judge" Mir. HohSon explained. its customary for the plaintiffs attorney Co examine his own witnesses"
 "D'y' mean Co say" replied the judge scowling. that you intend Co nopolizc all the witnesses in this we're casey
 The attorney attempted Co explain, but the court would not listen. Call the first witness fer the ill treated wom- an" he cried, rapping with a billet or wood on the pine table before him The witness was the correspondent John Root. He was directed by the judge to tell what he knew about the case.
 "On the night of the 10th O June" hc said, "I was a-w8lkin' down by the creek and seen Tom Clough SittIn' on a rock with Cy Whsrton's wife, He was a-trying' to kiss her, but she give him a slap In the jaw
 Your honor" protested the lawyer this Is InadmiSsihle. In a case of crim con
 This sln't no case O crim con; its a divorce case" snapped the judge The lawyer gave it up and sat down The judge finished his remarks. 'l don't see why John Roots word aia't as good as Tom Cloueh's. Cy Wharton, what you got C say agin your wifcT
 q object" said the lawyer, starting up.
 "waaL you jist keep on ohjectiu'," rc. piled the judge, drawing a revolver from his belt and laying it on the table.
 Now, Wharton" cried the lawyer, remember you are not obliged Co say anything to criminate yourself"
 Not obliged to say anything Co criml nate hlsself-' rOared the judge. See here. young feller, you may know a lot about law, but not as it Is prac- ticed In Excelsior. The witness Is sworn to tell the truth and the hull truth. What Y got to say to thati Cy Wharton, Is this put up job agin your l sufferin' wife or noty'
 "waal judge" replied the plaintiff, with hangiog look, T been thinkiu' maybe its a put up job"
 ''who put it upy"
 "waaL judge, foun' a letter this mornin' from my pardner, Tom Clough. to my wife beggin' her to run away with hlm. Reckon he's got the Rn- swer. Ef she consented she's guilty O this yere crime and not me, Ef she didn't I'm the guilty one.'
 Tom Clough," said the judge, cock Ing his revolver, ''the court wants that | letter"
 Clough hesitated; but unfortunately for him. he had the letter in his pocket and knew be would be searched. He