The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-12-29

Z INExPEDIENCY
or AN uNIRuTn q

[orlElnal-1

truth DY Establishing M AAtEuu. Inns
is especially so ~ the law. once had
client who gave me story Of why
lie killed a man so unreasonable that.
though 1 believed 1t, 1 saw no hope OF
convincing twelve other men in the
Jury box OF It. therefore put in a
plea Of my own invention. erred in
doing SO, and have never repeated
the device
Edward Barton, my client. stoker
on railway, was on trial for murder
ing the engineer of his train while the
train was in motion. It was consldera-
bly, ahead of Its time when it pulled up
at station within twenty feet Of an
other tram standing on the same track.
The engineer was lying unconscious In
the cab with a fractured skull. He
never regained Consciousness and died
in few hours. Barton's sweetheart
was the only person who saw the muir
der and was obliged reluctantly to tes-
tify against him. She was accustomed
when his train passed the house in
which she lived. near the track to
stand in the doorway and throw him
kiss. On the day of the murder. hear
ing the train coming, she ran to the
door in time to see the train dash past
Mt a much greater speed than usual.
The engineer stood with his hand on
the throttle, and Barton, instead of
looking out for her, stood behind the
engineer and dealt him a blow with
huge iron poker. The girl tainted and
the train dashed on.
I exercised NIL my ingenuity In con-
cocting n scheme Of defense, which Is
not necessary to my story. 50 l do not
give 1t here 1 could not very well put
nv client on the stand, for he could
only tell a story far different from the
one was attempting to prove. He was
convicted The day he was sentenced
to be hanged told him to tell his story
as he had told it to me-
"You ask me. Judge, why sentence
should not be passed upon me.
! killed the engineer, and did 1t for
good reason Before we started on the
run noticed that he was acting
strangely. We had no sooner got IN
| der way than he asked me for more
coal. There was plenty in the furnace,
and told him so. He turned upon me
like fury and ordered me to do as he
had hidden. put In more coal, and he
put on more speed. 1 begged him to
slow up a little, but he paid no atten-
ton to me- Our train was through
train and made no stop for an hour.
Meanwhile we were getting ahead OF
our time and liable to meet other
trains. The engineer was big, strong
man, and it would have been impossi-
bic for me to get him away from the
throttle. 1 was in an agony OF doubt
and fear. The man had gone mad.
Noticing that we were approaching
station, l looked through the cab
window and saw but half mile ahead
train standing dead on the same
track we were on. The lives of its
| passengers as well as those on our
own train depended on me. l thought
that the safety of the many was of
more Importance than the life Of one.
l did not have time to think that If l
| killed the engineer l would likely be
| hanged for murder. l did not know
that was passing the home of my
sweetheart. There was no thought In
my brain except to prevent slnugh-
| ter l stepped behind the engineer and
brought my poker down on his skull.
| did not think Of stunning him.
would take no chances. 1 intended to
kill him. BE fell like log. threw
back the reverse lever and whistled
down brakes. all within few seconds
The train stopped within two lengths.
and n terrible wreck was nverted. I
| glory in the death am about to die.
give my life for many others"
The moment he began to speak saw
my error in not relying upon the truth
| Not only his words but his manner
were convincing. When he had told
me his story ne told it hnltngly-
| When he told It to the judge he told 1t
as n martyr. The effect was absolute
ly convincing. The prisoner was re-
manded, and the Judge called me to
him for consultation. After discussing
a new trial and other plans we de-
cIded upon attempting to secure
pardon The judge wrote strong
recommendation to that effect. and 1t
was not long before the prisoner went
| forth free man.
Barton married his sweetheart, who
had put me to shame by telling the
truth while had relied on a lie. A
| number of persons who were saved
made up n purse for wedding pres
dollars and gold watch, on the case
of which was an Inscription telling
how he had saved the donors from
death or mutilatIon A committee
made the presentation In the house.
from which the groom's sweetheart
had seen the sacrifice OF the engineer.
But this was bagatelle compared
! with what was done by the officers of
| the railway company. Barton was
frst made conductor Of n freight train,
then of a passenger train, then train
dispatcher. then division superlntend-
emit He is now general passenger
agent Of one of the largest railroads in
| tho country