The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-10-09

very quiet" She did not say that John
Burton was guarded by two strong
men. They waited outside Leona's door
as John bent over her.
Why didn't you come-to the big
oak2'' she asked.
WHAT It was you who didn
comet I was there waited till
nearly midnight I was caught in the
storm supposed that had frightened
you out of coming, but I dared not go
till I was sure you wouldn't come. /
mac to wait till the next day before
they would let-before ] could phone.
Then I knew it was because you were
sick, dear. But it was an awful nights
business.
But I was there, joint" she cried,
weakly. but so excitedly that the nurse
stepped in to warn them to Quietness.
Y on have been sick and dreamed
it, dear. ] was there waited for
you" He spoke very gently.
John" she whispered, Il was therei
No one must hear! Those men came
II saw it all At first I thought it
was you, but didn't know them
did they find him-the dead one?" she
asked. abruptly
John Burton, very white, was look
ing at Leona in a stunned, wild-eyed
way. Then great wave of relief
swept over him.
Dear" he said, you got the wrong
tree in the dark-the Folly oak-not
oursl That explains my missing you"
After little, trying to keep his voice
from being too eager he got her to tell
him the story of the murder She told
it accurately, describing. the men. He
knew them, even if she did not A great
light broke upon his mind at his iden-
! tilcation Of the tall fair murderer, but
he said nothing to her. Then he left
her and was escorted back to prison by
the two officers.
When they considered Leona well
enough-and she cOnValesced rapidly
they told her the story of Johns ar-
rest as the murderer. He had been
seen coming from the wood the night
Of the storm shortly before some one
found DOnaldsOn's body and raised
the alarm John could nct-or would
not-eXplain his presence, though he
admitted being there. Leona read the
whole thing in the papers, the details
of the indictment and the coming trial,
winch, or course, came under the Jur-
lsdiction of her fathers court. All the
evidence was gone over. overwhelming,
though, of course. purely circumstan-
tia1. The defendant had borne himself
we'll; his stcry-What there was of it
hung together, but it was proven
| that he and Donaldson were not on
good terms. and he would not explain
his presence in the wood in such 4
storm and so late at night. To all
questions bearing on that he was OBJ
stinately silent. This was terribly
against him. The details of the in
quest were gone over in the papers.
There were evidences of q fierce strug-
gle in the woods There was a dis
colored wound on the dead mans tenn
pie lLeOna knew it was a clu0- Blow
and hngermarks at his thread
Burton was defended by Walter
Longstreet. a prominent lawyer, and
the state was prosecuting through
Bruce Hunter. a new man at the bar,
but said to have much ability, and
more brilhancy than scrupulOusness.
He had lately come from the east
somewhere.
Leona, after careful thought. had a
long talk with her father, who was
plainly moved by Burton's refusal to
connect his daughter with such an af-
fair. and LOngstreet who had believed
in his clients complete innocence from
the start. The girl did not go to city
at all.
The trial was postponed for three
weeks, to the Impotence of the people
and of the prosecution. Bruce Hunter
was evidently anxious for sentence to
be passed, and left no stone unturned
to prove John Burton the murderer
His zeal was noted and a successful
future predicted for him.
At last the trial came. The court
room was crowded to suffocation All
the first day was filled by the prelim-
mary evidence and the coroner's testi-
mony- The second day there was the
first bit of sensation when LOngstrea1-
for the defense, brought forth a belt
a womans belt of heavy carved Span
ish Ieather-and held it up to judge
and jury. It had a quaint massive sill
yer buckle. The leather was stained
and discolered, as from wetting It
had been found near the body This
introduced an entirely new element
into the case. It brought a woman
into it. Not that the murder had been
committed with the belt, for the skin