The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-06-07

"~"""' uVVh ia uuhty COktunWOOu tree
growing dlspirltediy on each side o
the road that stretched away from th
little sandy square to become. q fe,
hundred yards below. tho main stree
OF the t0wN. and upon tho tin roofs o
the two story brick or frame stores Of
each side of II, Tho jury had been OH
overnight aud, although II was /
o'clock In the morning. had given II
sign The prisoner had not yet beef
brought up from tho county jail nea
BY. nnd the group OF men directly In
tercsted In the proceedings were sit
ting and lounglng about the stcpa. amok
Ing aud carrying on desultory conver
satlon. Tho district Judge. sitting OF
the top step, was an eastern colleg,
man. about forty years OF aye. once al
athlete and still with trim, slender
figure. The only touch Of tho western
In his dress was the gray SLOUGH ha
worn straight and firmly net upon bill
brown hair.
"A pretty bit OF grazing land" b,
was saying 70 tho shoriff as he looked
out over the level prairie. dotted her,
and there with an adobe shack aud oc
caslonal herds OF cattle.
The sheriff. II brawny, blue shirted
young fellow Of thirty. with unkcmpt
hair and mustachc, uncrosaed his boot
ed legs, Strengthened out one OF them
pushed his hand deep into the pocket
OF his corduroy trousers and yawned
As his coat was thrust back with the
movement tho butt OF his "a caliber
"gnn" might be seen. Without reply
Ing, he drew out large silver watch
and studied II absently.
The small boys among the group OF
hangers on In front OF tho steps were
beguillng themselves tossing ball, and
the prosecuting attorney, young grad.
uatc from the east who had come up
from Pueblo. called out:
Here you ARE. Johnnie! Give us
catch"
The small boy who had the ball grin.
ned shecplshly and threw II at him.
Harder: harderl" said the young
lawyer cheeriiy That's no way to
pitch ball. Throw it In this way"
And the boys hands were scorched as
be caught the return.
Say, kin you pitch curver' hs
asked. Lets see you do H."
"All right" said Hardy. rising good
naturcdly and taking OF his coat
Here you 40. Hold on" he added.
"You couldn't catch II II did. Here.
Mr.. Hackett; 10 out there and let me
throw you few curves"
Tho others laughed at this, for Hack.
EFT, the senior counsel for the defense,
also up from Pueblo for the trial, was
an enormous middle aged HoosIer six
feet two In height and weighing $50
pounds IIc had mass of crisp black
hair and wore Il black broadcloth frock
coat and trousers, low turned down
collar and ready made tie. He was
slow moving and ponderous, though
forceful and shrewd In his profession,
deliberate OF speech and anything but
an athlete.
Here. III catch you" exclaimed the
Junior counsel Blake, II somewhat
lanky, powerfully built westerner, rls-
Ing and depositing his rough brown
sack coat beside Hardy's.
Gee, you've got muscle!" he added,
rubbing his hands after the first pass.
"Hurray" yelled the small boy. THAT
was a corker. Git ON to them curves,
Clarence" he cried In worshipful ad-
miration.
wouldn't mind little OF that exer.
else myself" said the Judge. rising in
terestedly and hesltating on the steps.
why not have little game while
we are waiting" said Hardy. half tok.
ingly. "Come on. sheriff"
Moved by common impulse the lit.
tie group frightened up. threw away
their cigar ends and moved half apollo
getically into the sandy square. At the
left Of the courthouse and adjoining II
was small open field OF well trodden,
dusty grass, where scratch ball game
was played occasionally and where
horses were tetbered during court. One
Of the small boys was dispatched for a
suitable bat and ball and a catcher's
glove, and by the time the sides were
arranged he came racing back with
them, highly excited. followed by sew
eral other small boys.
No one had the slightest idea Of be-
Ing drawn into a game when he left
the steps, but the reaction had worked
lnsldiously. The trial had been a par
hcularly exciting one, and those who
bad followed 1t were tired after the
three days strain In the III ventilated
courtroom. The sympathies of all had
undoubtedly been with the prisoner, al
though the state had been vigorous In
ts prosecution and the Judge had con-
'cientiously done his duty. Murder
had been committed at Jamestown
Creek few months previously, though
change OF venue had been obtained
70 Fort Morton, the prisoners own
own. Copperthwalt had always been
quiet, law abiding ranchman. He
vas under thirty years OF age, big
broad shouldered and swarthy, din.
lent In manner and somewhat slow Of
Ipeech, though he had been slowly and
thoroughly angered In quarrel over a
sa.auh ~ naAkIa Ntw 49, at..Ak s.Ann-m l .