The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-20
WHILE THE
JURY WAS OUT
BY William Frederick Dix

Fort Morton court house; upon the
dusty cottonwood trees growing dis
piritedly on each side of the road
that stretched away from the little
sandy square to become, O few hum
dred yards below, the main street
of the town, and upon the tin roofs
Of the two story brick or frame
stores on each side of 1t. The jury
had been out over night, and al
though 1t 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 interested
In the proceedings were sitting and
lounging about the steps, smoking
and carrying on desultory converse
tioE. The district Judge, sitting on
the top step, was an Eastern college
man, about forty years of age, once
an athlete, and still with o trim,
slender figure.
The small boys among the group
of hangers-on in front of the steps
were beguiling themselves tossing
the ball, and the prosecuting attor-
ney, young graduate from the East
who had come up from Pueblo,
called out:
Here you are, Johnnie, give us q
catch"
The small boy who had the ball
grinned sheepishly, and threw 1t at
him.
Harder, harder!" said the young
lawyer, cheerily. That's no way to
pitch ball. Throw 1t in this way"
and the boys hands were scorched as
he caught the return.
Say, kin you pitch a curve?" he
asked. Let's see you do It."
"All right" said Hardy, taking off
his coat. Here you go. Hold on"
he added, you couldn't catch it IL !
did. Here, Mr.. Hackett, go out
there and let me throw you few
curves"
The others laughed at this, for
Hackett, the senior counsel for the
defence, also up from Pueblo for
the trial, was an enormous middle
weight Hoosier, G feet inches In
height and weighing ESQ pounds.
Il0 udu d ludbS VI CIlop uldCh udlT
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 profess
sion; deliberate of speech and any
thing but an athlete.
Here, I'll catch you," exclaimed
hn
what lanky, powerfully built Wes-
terner, rising 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,
curves, Clarence!" he cried in wor-
shipful admiration.
Wouldn't mind a little of that
exercise myself" said the Judge, ris-
ing interestedly and hesitating on the
steps.
why not have little game
while We are waiting?" said Hardy,
hdli JohtnSiy. SotuC ol, bhCllh.
Moved by a common impulse, the
little group frightened up, threw
away their cigar ends and moved
half apologetically into the sand
square. At the left of the courthouse
and adjoining 1t was a small open
field of well trodden, dusty grass,
where a scratch half game was
played occasionally and where horses
were tethered during the court. One
of the small boys was despatched
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, fol-
lowed by several other small boys.
No one had the slightest idea of
being drawn into game when he
left the steps; but the reaction had
worked insidiously. The trial had
been a particularly exciting one, and
those who had followed 1t were tired
after the three days strain In the ILL
ventilated courtroom. The sympa-
thies of all had undoubtedly been
with the prisoner, although the
State had been vigorous in its prose-
cution and the judge had conscien-
tiously done his duty. Murder had
been committed at jamestown Creek
few months previously. though a
change of venue had been obtained
to Fort Morton, the prisoners own
town.
Copperthwait had always been a
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 slow
ly and thoroughly angered ~
quarrel over a 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, mad
Ill