Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-14
xxx.

10 the counSeTs table,
II submit TO the courts authority" he
answered, although the best interest Of
a defendant can never be served by forcing
unwilling counsel upon her. AS your
honor insists upon my services. however,
suggest the propriety of an adjouI n1nent.
Before the judge could answer Miss
Emory darted TO the rail-.
Your honor, l beg you to hear uls 20,
night she exclaimed. Il cannot stand
tnis suspense any longer Tomorrow Oh,
thousand things might happen oy iornor,
row! 1t is only fair and right that snould
be heard now. i implore you to let me ten
my story while l cam!
The womans voice shook with emotion as
she made her plea, and Judge Dn0ley was
'visi5ly embarrassed by the unexpe TED APP
peal
You are not the best judge o: your
own interests madam" he responded
quietly. Your proposed action is against
the advice of your lawyer, ana you YOU
should take time to reconsider the matte
before committing yourself irrevocaDly'
II have considered it. / cannot bear the
. torture of delay-l-'
You are excited now, madam Wneh
you calIner you may see the sltua 'ioii
in n different light.
II am perfectly calm, your honor, but l
dread waiting for another day. nave
waited so long already.
There was note of piteous appeal IN the
speakers voice, and the judge nodded SYM
pathetically.
II am inclined TO let the defendant take
the stand. Mr.. Barstow," he Observed, ten
tatively.
The, words seemed to renew Barstow
fighting spirit, for he stepped to the ran
with all his customary aggresslVeness.
Your honor cannot do So. he asserteu'
hotly. II now demand an adjournment as
a matter of right, and while am conduct
ing this case | insist that no unnecessary
obstacles be placed in my way.
His words and manner were equally OF
T.r-sr- fa.R frsE
Larkened.
You forget yourself, Mr.. Barstow" he
exclaimed The court has placed no OBJ
STAGES in your way. but it has reached
the limit of it's patience with your trucu-
lent behavior.
Barstow received the reproof with an in
solent stare.
81 may have forgotten myself" he NUT
tered slowly But l have not forgotten
that your honor promised me AN adjourn
ment if l continued in the case"
The judges face flushed angrily as he
heard the insinuating reply.
The court entered into no such bargain,
slr!' he retorted. Il offered you an ad-
Journment. and you responded by attempt
ing TO leave the court room contrary TO my
instructions. Now l deay your Application
Take the stand, madam, If you please.
Exception
Barstow retreated to his chair, muttering
fiercely to himself and, crouching down,
watched the judge with expression OF
vindictive fury until the defendant reached
the witness stand. Then his expression
suddenly changed, and pushing his chair
forward he concentrated his gaze on ms
clients face. studying her as he had stud
fed the jury during the early hours OF the
trial.
1 had heard the oath administered TO
many witnesses before Miss Emory took
the stand, but until L saw her with her
hand uplifted listening 20 the judges words
I had never been impressed with the So
lemnity and dignity of the simple cere-
r,~.I n
a Juror 1 had merely responded to the dra-
matte appeal of the moment. In itself the
formula prescribed by the law did not In
spire me with any particular feeling
received 1t in a different spirit, and
when she touched the Bible with her lips,
and turned to the jury, her face was trans
figured. and one felt that to her it was
sacrament.
Miss Emory. 1 warn you. before you
make any statement in this case. that the
law does not require you to testify in your
own behalf
The defendant turned quickly to the
bench as she heard the words.
II understand perfectly, your honor, she
responded. Mr. Barstow has informed me
of all my rights. and 1 regret exceeding
ly to disregard his advice"
You are not obliged to incrminate your
self in any way" continued the judge.
THE fact that you do not personally an
swer the charge against you does not
create any presumption of your guilt, and
the jury Will be specifically instructed 10
give it no consideration whatsoever More
ever, l urge you to be governed by the ad-
vice of the experienced counsel who repre-
sents you, and to abide by his decision upon
the policy OF your defense"
The grave courtesy of the words in
creased my respect and admira ton for the
venerable speaker. His office was too high
for personal resentment, and his impartial
bearing under grievous provocation en-
bodied the splendid impersonality of the
law.
Miss Emory seemed to realize the
solemnty and dignity Of his calm admoni-
ton, for she turned to him almost apollo
getiCally.
Il appreciate all that has been done for
me, your honor" she answered, but ] feel
sure am right in this. l would have been
content to make no denial for myself. But
my dearest friend has been attacked-cruel-
~ attacked to divert attention from me.
Therefore / insist upon telling the whole
story. She is as innocent as l."
There was n note of firm defiance in the
speakers voice. and began to understand
the nature OF Barstow's quarrel with his
client.
Miss Mapes is not upon trial, madam.
and requires no defense at your hands If
this is your reason for disregarding your
lawyers advice
II desire to be heard In my own behalf
as well. your honor. understand my
rights in every particular.
livery well. madam. DO you wish to ex-
anime the witness. Mr.. Barstow?"
The lawyer shook his head but his eyes
never left his clients face.
''Then tell your own story, madam, in
your own way.
Your honor will question me II I do not
make myself clear?
'Certainly. Face the jury, madam.
They cannot hear you If you look at me-"
Miss Emory turned from the bench. and
her glance rested momentarily on Barstows
heavy face before she met the eyes of the
mon who were to judge her story.
FOR an instant she hesitated, and
understood the dread feeling Of
oppression with which she was strug-
Cling. The twelve men confronting her,
the stenographer, the lawyers-an the
eagerly staring and listening occupants of
the room were erowding upon her with
suffocating closeness, and the very silence
of the place was sitting her.
1T first met Mr.. Shaw two years-a 1t
tie more than two years ago. she began, at
last speaking rapidly. almost breathlessly.
Il applied to him at his Office for a position
as private secretary and obtained 1t. l."
How did you happen TO make the appli-
cation. madam? Did you answer an adver-
tIsement?''
The defendant turned to the Judge with
a grateful expression as he interrupted,
and shook her head.
mo, SIR" she answered. II was recon-
rnended to him by friend