Evening journal., 1905-04-27

ests as best he could Mrs. Wharton /
was the only woman I'm court, n very |
good looking person, with an honest /
countenance- She needed no lawyer,
for she had the entire sympathy Of ev-
cry one present Mr.. Hobson called |
the first witness for the plaintiff, /
Wharton's partner. Tom Clough, and /
proceeded to examine him.
Where were you on the night Of the
10th Of JuneI"
''Walkin down by the creek"
state what you saw on that occa-
sion"
"I seen the defendant and the CO.
respondent
"see here, Tom Clough." the Judge
interrupted, "you been talkin' to the
lawyer"
How do you knowY' asked Clough,
not being sure whether or no he had a
right to do So
What's a correspondent asked the
judge TO try him.
"The woman in the case"
"All right, go on. Reckon v know
more about law than thought"
"Waal, I seen them two sittin' on
rock with their arms around each 9th
er's neck"
"See anything moreT
''No"
Judge" Mr.. Hobson explained, "it's
customary for the plaintiffs attorney
to examine his own witnesses" 4.
"D'y' mean TO say" replied the judge,
| scowlng. that you intend TO 'nOpolize
all the witnesses in this-yere caseT"
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, Il was a-walkin' down by the
creek and I 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 inadmissibe. 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. L
don't see why John Roots word amt
as good as Tom Clough's. Cy Wharton,
what you got t say agin your wifeT'
Il object" said the lawyer. starting
up.
'Waal, you jist keep on objectin'." re-
1 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 criminate yourself"
mot obliged to say anything to crimi-
nate hisself.' 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 v got to say TO that? Cy
Wharton. is this put up job agin your
sufferin' wife or not?"
"Waal, Judge" replied the plaintiff,
with hangdog look, Il been thinkin'
maybe it's a put up job"
who put # upY
"waal, Judge, l 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"
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 he would be searched. He
had no choice but to produce it. The
court scanned it. then read it aloud:
"I want you 20 understand that there
7 amt no use your foolin' round me no
longer I love my husband and children
too well TO have any use fer galoot like
you"
The jury, without retiring, found a
verdict as follows:
} 'In this yere cri e O. dforce neither
husband nor wife hes been found Grim
inal. The real criminal rs Tom ClOugh,
who put up the Job. Ne verdic' OF the
jury is thet Tom Cloush is a internal
rascal. and Excelsior hes no more use
fer him."
/ ''Tom Clough, said the judge. 'the
sentence of the cour' is thet any one
guilty of a crime thet separates hus-
ban and wife and makes little chill
dren TO suffer- wheher it's the hus.
ban, the wife, the feoman I'm the case
or the correspondent had better git uT
t and git out o. Excelsior, with twenty
' four hours 70 sell out and settle UP
Dye hearT"
> The convicted man skunk away and
the husband and wife left the court
room hand in hand. the husband sm!i
ing. the wife shedding happy tears.
LENA NJ. BROOKE