Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-09-28

each side of it, The jury had been out
overnight and, although 1t was 10
o'clock In the morning, had given no
sign The prisoner had not yet been
brought up from the county Jail neal
by, and the group Of men directly In.
terested In the proceedings were sit
ting and lounging about the steps, smok.
ing and carrying on desultory CONVEX
sation. The district judge, sitting on
the top step, was an eastern college
man. about forty years of age. once an
athlete and still with Il trim, slender
figure. The only touch Of the western
In his dress was the gray SLOUGH hat
worn straight and firmly set upon his
brown hair,
"a pretty bit of grazing land" he
was saying to the sheriff as he looked
out over the level prairie. dotted here
and there with au adobe shack and oc.
casional herds OF cattle.
The sheriff, brawny, blue shirted
young fellow of thirty, with unkempt
hair and mustache. unerossed 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 the butt of his A calibel
gun" might be seen. Without reply
ing, he drew out large silver watch
and studied 1t absently.
The small boys among the group OF
hangers on In front of the steps were
beguling themselves tossing ball, and
the prosecuting attorney, young grad.
uate from the east who had come up
from Pueblo, called out:
Here you are, Johnnie! Give us a
catch.''
The small boy who had the ball grin.
ned sheepishly and threw it at him.
Harder; harder!' said the youna
lawyer cheerily That's no way to
pitch a ball. Throw 1t In this way"
And the hoy's hands we're scorched a.
he caught the return.
"Say. kin you pitch curve~ he
asked. Lets see you do it."
"All right" said Hardy, rising good
naturally and taking off his coat
Here you 60 Hold on" he added,
you couldn't catch 1t If did. Here,
Mr.. Hackett; go out there and let me
throw you few curves"
The others laughed at this, for Hack
cit, 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 250
pounds He had mass of crisp black
hair and wore black brOadcloth frock
coat and trousers, low turned down
collar and ready made tie. He was
slow moving and ponderous, though
forceful ana shrewd In his profession.
deliberate of speech and anything but
an athlete.
Here, I'll catch you," exclaimed the
junior counsel, Blake, somewhat
lanky, powerfully built westerner, ris.
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. 'sThat
was corker. Git on to them curves,
Clarence he cried in worshipful adj
miration.
"Wouldn't mind little Of that exer-
else myself" said the Judge, rising in
terestedly and hesitating on the steps.
"Why not have little game while
we are waiting?' said Hardy, half jok-
ingly. "Come on, sheriff"
Moved by a common impulse the lit
tie group frightened up, threw away
%hns. nd Y,a0voa h0lf onn1n.
getically into the sandy square, AT the
left of the courthouse and adjoining it
was small open field of well trodden,
dusty grass, where scratch ball game
was played occasionally and where
horses were tethered during court. One
Of the small boys was dispatched for a
suitable bat and ball and q 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 game when he left
the steps, but the reaction had worked
insidiously. The trial had been par-
ticularly exciting one, and those who
had followed it were tired after the
three days strain in the i'll ventilated
courtroom. The sympathies Of all had
undoubtedly been With the prisoner, al
though the state had been vigorous in
its prosecution and the Judge had con-
scientiously done his duty. Murder
had been committed at jamestown
Greek few months previously, though
q change Of venue had been obtained
to Fort Morton, the prisoners own
town. Copperthwait had always been
q quiet, law abiding ranchman. He
was under thirty years OF age, big,
broad shouhlered and swarthy, diff
dent in manner and somewhat slow of
speech, though he had been slowly and
thoroughly angered in quarrel over
bunch of cattle. Six or eight steers
had been branded twice, one mark
over the other, and the dispute arose
over this. Duke the victim Of the
shooting had borne bad reputation.
and the village street was usually more
or less uneasy during his infrequent
visits. He had killed his man and had
been known to boast of it several times
IN Flynn's saloon. After this last quar-
rel he ha6 snorn to shoot Copperthwair
on sight The quarrel had occurred In
the morning. That afternoon Copper
thwait had just left the Eagle hotel to
mount his mustang tied to the httching
post in front, when Duke happened to
turn the corner.