Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-18


IN, least inclination for either public or
private ureferment. The only official role
1 ever filed was the foremanship of the
jury in the Emory murder case, and pray
l may never again be forced TO serve in
similar capacity. One such doubtful hon
or is In my opinion, quite sufficient for
lifetime although l free to admit IT
constitutes my best II not my sole claim to
fame. II | am remembered at all by the
next generation it will not be as the author
of commentary upon the Persian poets
which other and better works will supplant
Even my contributions to the encyclope-
dias will not save me from oblivion, for the
scholarship of today will be obsolete tomor-
row, and | may soon be deposed by some
more modern authority better entitled 10
the distinguishing letters after his name
But l venture to predict that my expert
ences as a jury foreman will never be dupll-
Gated. and that the trial of the Emory case
VIII forever remain unique among the an
nails of criminal law. But even the re-
nected glory of celebre would not
suffice 10 immortalize me- l fear and II Is
with no such vain hope that attempt 10
play historian. l recognize the vast dis
tfnction between the office and the man,
and | do not yet contemplate committing
autobiography-the suicide of literary men
Iut since had unequaled opportunities for
observing the human forces which met ana
struggled over what l take to be the most
memorable trial of the age, and since the
inside history of the case is known to me
alone, have concluded that my experiences
are necessary to complete the record.
SO much by way of prelude, and more
than enough for pages which must justify
themselves.
The office Of foreman I'm the people against
Emory certainly sought the man. But
though 1t sought him diligently and Vlgor-
ously. two entire panels were exhausted De
fore 1t came to me as the reward of lgnor-
ance and innocence Had l known what
was in store for me should certainly nave
read the newspapers and dlsquallheu my
self as others did, by asserting an unalter-
able opinion concerning the quit or lhho-
eencc of the accused. Unfortunately, now
ever. | was the first victim selected from
the thrd panel; had not been present
when the other candidates were examiner,
and | had never heard of the Shaw muroer
before l entered the court room.
l shall never forget the prosecutor n,,
glance of incredibly as l made TINS con
fession. He could not believe lie
ears. 1 suppose. for he repeated ms
question as though had not aIe 80,
answered it. / resented this at the time
but today 1t seems cute natural and ex-
cusable 1t certainly was astonishing that
any one could remain ignorant of a Tragedy
which was being discussed from one END OF
the state to the other; hut mad never
been much of Il newspaper reader ana al
the particular period IL question was
absorbed in literary work to the eAciuS on
of everything else. Doubtless the news had
been received in our distant and sparse.y
settled part of the county with as much IN
terest as elsewhere, but no echo OF II hau
penetrated my study, and even "Aen was
summoned to the court house l did not
know exactly why my presence was re-
CURED.
never even heard of the death of Mr.. Greg
DRY shaw
This time Il was the counsel for the de-
Tense who put the question, and the note
of insinuatiC.I IN his voice aroused my IN
dignation.
Il mean to tell you I have never heard
Of Mr.. Gregory Shaw's eXistence-much less
Of his death" l retorted, sharply.
''YOur writing leaves you no time for gen
eral reading, Ell, Mr.. Lamhert?'
III you call the police news of the news
papers general reading you are right,
sir l snapped.
Il call it fiction" he responded, with
glance at the prosecutor.
IT'S the first time / ever heard Brother
Barstow cali anything" retorted that
gentleman, apparently addressing the
crowded room. He generally bluffs to the
bitter eud!'
A ripple Of laughter ran through the au-
dience. but It was the prosecutors chuckle
rather than his words which set me laugh
ing With the rest. l was IN no MOOD foT
mirth-my dignity had been rufiied, and
felt myself aggrieved, but the sound of
Gilbert's spontaneous and infectious merri-
ment instantly restored me to good humor,
and l began 10 study the man with keen
interest ne lolled at his ease ms de the
counsel s<rail
He was a tall, heavily built fellow about
and kindly. his lips firm, but formed for
smiling. his nose large-humorousiy large
and his round, clean-shaven, dimpled chin
In perfect keeping with the boyish express
sion of his youthful, satisfying face. He
not stout, yet his large frame and his
loose-htting countryhed clothes gave him
that appea rance, and his slow. easy-going
manner reinforced the impression. To me
he typihed the successful rural politician
the village hail-fellow well-met of the hap
py-go-lucky sort. But a prosecuting Of
-. 4 h. .,g1 ns rQ11R TN1nrn
nothing formal or dignified in his bearing
Indeed. could scarcely take him seriously,
for my conception of a prosecuting officer
was severe and judicial Procureur du Roi,
or wigged and gowned queens counsel.
But right here l may well admit that
my ideas were based on reading, for until
responded to the sheriff's summons l had
never set foot inside a court of law. 1 did
not volunteer this Information at the time
because ] felt sure the next question would
disclose Il, but neither Gilbert nor Barstow
pressed their inquiries beyond the initial
fact Of my ignorance of the case at bar. and
before knew exactly what had happened
had been accepted by both sides and be-
come foreman OF the prospective jury by
virtue of being the first selected.
During the rest of the court day I had
angle opportunity TO study Deake Gilbert.
and the more ! saw of the man the more
difieult II became to reconcile him with a
prosecution for murder. The majesty OF
the law seemed Knocked in his genially COM
Portable person, and vet there was nothing
think IL was his easy acceptance of life
aEd-dCath responsibility which shocked me
during the early days of the trial. l know
it was his firm composure which encouraged
and sustained me at the end.
A score OF talesmen were examined and
excused before L had a companion in the
box, for jurors who had formed no opinion
on the Emory case were few and far be-
tween; but after Theodore Bayne took his
place beside me the remaining seats were
soon occupied This was not accomplished,
however. until Ferris Barstow. the counsel
for the defense had exhausted his peremp-
tory challenges and was forced to accept
such candidates as the court thought COM
petent. and II was afternoon before the
twelfth juror was secured and we were re-
Quested TO rise in body and take the oath
OF office. AS we stood with our right hands
lifted a deep hush settled over the court
room. and l do not think / have ever ex-
perienced more thrilling moment In
stinctvely I glanced over the silent audi
ence which crowded every nook and corner
Of the little court room, and at the same
moment saw Barstow whisper to young