The Denison review. [volume] (Denison, Iowa) 1867-current, 1906-07-19

house, upon the dusty cottonwood trees
growing dlSpiritedly on each side of
the road that stretched away from the
little sandy square to become, a few
hundred yards below, the main street
OF the town, and upon the tin roofs of
the two story brick OF frame stores on
each side of it. The jury had been out
overnight and, although it was 10
O'Clock in the morning, had given no
sign. The prisoner had not yet been
brought up from the county Jail near
by, and the group of men directly in
terested in the proceedings We're 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 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 an adobe shack and oc
caSional herds of cattle.
The sheriff, a brawny, blue shirted
young fellow of thirty, with unkempt
halr and mustache, uncrossed his boot
ed legs, Strengthened out one of them,
pushed his hand deep into the pockes
of his corduroy trousers and yawned
AS his coat was thrust back with tho
movement the butt of his A calber
gun" might be SEEN Without reply.
ing, he drew out large silver watch
and studied it absently.
The small boys among the group OF
hangers on in front of the steps were
beguiling 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 young
lawyer cheerily. That's no way to
pitch ball. Throw it in this way"
And the boys hands were scorched as
Say, kin you pitch a curve?" he
asked. Lets see you do it,
All right said Hardy, rising good
naturally and taking off his coat
Here you go. Hold on" he added
You couldn't catch it if did. Here
Mr.. Hackett; go out there and let me
throw you Il few curves"
The 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. 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 and 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 dcpositing his rough brown
sack coat beside Hardy's.
Gee, you've got musclev' he added
rubbing his hands after the first pass.
Murray" yelled the small boy. '"That
was corker. Git on to them curves,
Clarence" he cried in worshipful adj
miration.
Wouldn't mind little of that eNer.
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
their cigar ends and moved half apollo
getically into the sandy square. AT the
left of the courthouse and adjoining it
was small open field of we'll 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 q
suitable bat and ball and catchers
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 bc-
ing drawn into a game when lie 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 ill 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
scentiously done his duty. Murder
had been committed at Jamestown
Creek few months previously, though
change of venue had been obtained
10 Fort Morton, the prisoners own
town. Copperthwait had always been
quiet, law abiding ranchman He
was under thirty years of age, big.
broad shouldered and swarthy, diff
dent in manner and somewhat slow of
speech, though he had been slowly and
thoroughly angered in a quarrel over
bunch Of cattle. Six or eight steers
had been branded twice, one mark