Courier Democrat. (Langdon, N.D.) 1891-1920, 1905-06-29
A NEW KIND or
CRIME
lOriginal.l

lSAASAudi Ff
This we're case is somep'n new" NJ
marked a citizen Of Excelsior, a west
ern mining camp. We've he'd trials
Ter horse steahn', robbery, murder and
every crime laid down in the dic+,on.
airy, but this yere crimedivorce-hes
never come up BEFORE"
They say Cy Wharton's goin' t. hev
a lawyer from Frisco"
~ don't mean It! What's he goln'
to do that fer? I've been thinkin,
Cy"s not treatin' his wife far. and
now I'm sure Of tt"
Inc lawyer, MIR. Homer Hobson. a
young mar employed by a reputable
law firm, was sent out to conduct tho
case Of Wharton versus Wharton. the
nrm supposing that regular court would
De held. When Mr.. Hobson arrived he
was somewhat disappointed to find
that Judge Lynch was on the bench
1t was too late to withdraw. and he
proceeded to attend to Wharton's inter-
ests as best he could. Mrs. Wharton
was the only woman in court, a very
good looking person, with an honest
countenance. She needed no aEyer.
Tor h had the entire sympathy of ev-
cry one present. Mr.. Hobson called
the first witness for the plaintiff.
W~harton's partner, Tom Clough, and
proceeded to examine him.
Where We're you on the night of the
10th Of June?"
"Walkin' down by the creek"
State what you saw on that occa-
sion."
II seen the defendant and the CO.
respondent
See here, Tom Clough," the Judge
Interrupted, "you been talkin' to the
lawyer"
How do you know" asked Clough.
not being sure whether or no he, had q
right to do so.
whats a correspondents" asked the
Judge to try him.
"The woman in the case"
"All right, go on. Reckon y know
more about law than I thought"
WAL, 1 e e them two sittin' on q
rock, with their arms around each 9th
er's neck"
"See anything more?"
mo"
Judge" Mr.. Hobson explained, cts
customary for the plaintiffs attorney
to examine his own witnesses"
by mean to say" replied the judge,
scowling. that you intend to 'nopolize
all the witnesses in this yere case?"
The attorney attempted to explain.
but the court would not listen. "Call
the first witness fer the ill treated wom-
an" he cried, rapping with a billet of
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"
he said, II was a-walkin' down by the
creek and seen Tom Clough sittin' on
a rock with Cy Wharton'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 inadmissible. In a case of
Grim con-
This amt no case O. Grim con; it's
a divorce case" snapped the judge.
The lawyer gave it up and sat down.
The judge finished his remarks. II
don't see why John Roots word amt
as good as Tom Clough's. Cy Wharton.
what you got t. say agin your wife?"
II object" said the lawyer. starting
up.
"Waal, you jist keep on objectin'," re-
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 to say
anything to eliminate yourself"
mot obliged to say anything to crimi-
nate hisself!" roared the judge. "See
here, young Teller, you may know a
lot about law, but not as it is prac-
tced in Excelsior. The witness Is
sworn to tell the truth and the hull
truth. What y got to say to that? Cy
Wharton. is this q put up job agin your
sufferin' wife or not"
"Waal. judge" replied the plaintiff,
with a hangdog look, II been thinkin'
maybe it's a put up job"
"VVho put it upT"
"Waal, judge, I foun' a letter this
mornin' from my pardner. Tom Clough,
to my wife beggin' her to run away
with him. Reckon he's got the an
swer. Eff she consented she's guilty
O. this yere crime and not me. Eff she
didn't I'm the guilty one."
atom Clough." said the Judge, cock
ing his revolver, 1.-The court wants that
letter."
Clough hesitated; but. unfortunately
for him, he had the letter in his pocket
and knew he would be searched. BE
had no choice but to produce it. The
court scanned 1t, then read it aloud:
IT want you to understand that there
amt no use your foolin' round me no
longer. I love my husband and children
too we'll to have any use fer a galoot ike
you"
The jury, without retiring, found a
verdict as follows:
In this we're crime O divorce neither
husband nor wife hes boen found GRIM