Los Angeles herald., 1906-08-18


up under his chair and gripped the
arms of the chair as though hanging
on for his life. His bones showed white
through the flesh of his hands and the
cords In his neck stuck out like they
were about to break.
His eyes bulged like they were about
TO burst from the sockets and Attor-
ney thompson stopped his talk on
hangings.
But moment later came the break,
down. Thompson was making a last
appeal to the jury. He singled out
Juryman Hart and began to plead
with him. The attorneys voice was
low and pulsating with passion and
sympathy.
Think of what a death of that kind
means" he begged as he leaned over
and addressed Hart personally. Think
IN future years as you approach the
black veil of the unknown, that then
you Will be held responsible for
human life, then you will prepare to
face the Almighty God and say that
you sent Ernest G. Stackpole to his
death.
Appeal to Juror Hart
Now Mr.. Hart, 1 want you to go
In that next room and fight for this
young man. 1 want you to uphold his
cause, no matter what the other Jurors
may think when they are swayed by
the eloquence of Attorney Fleming l
want you to do for him as you would
have another man do for your son
were he in a similar condition.
Il trust his life to you, Mr.. Hart,
and l know you will make his fight
when he has no one to stand between
him and his fate, no champion to argue
his cause" M
AT that point the auditors were
startled by sob and their eyes flashed
toward Stackpole. His eyes were red
with weeping and he held his handker-
chief over his face For some moments
he sobbed pitifully and then he squared
his shoulders and faced the men who
are to decide his fate.
A personal appeal to a juryman al
ways goes very well, because then he
of a necessity, assumes a certain i'm
portance bestowed upon him by the
counsel for the defense and he does
his best to live up to that confidence.
Hopes to Hang Jury
So Thompson seems to basing his
hope of the case rather on hung
jury and working on one man to hold
out against the verdicts of the others.
. The defense closed last night and
then Judge James suggested that the
case be continued.
In flash Attorney Thompson OBJ
jected, saying that he had cut short
his speech upon the supposition that
the case was to go Immediately to the
jury.
He was told that he could reopen the
argument again, but he declined and
the case was continued until this morn
ing.
Before the close of the session last
might Juror Austin, an old man, COM
planned of being ILL., 1t is not thought
his illness will affect the case, how
ever.
Today. before noon Attorney Flem-
ing will have $closed the case for the
prosecution and the fate of Ernest G.
Stackpole will rest with the jury.
Defendant on Stand
Yesterday morning Stackpole took
the stand in department one in his
own defense. He was there not more
than twenty minutes and his testimony
was rather fat
He simply said that he was a car
penter, that he had roomed at the
Blaine lodging house for three weeks
before the killing of SchecIx, but that
on the night of the murder he had
been to a fire in the neighborhood.
He admitted having served two
terms in states prisons, one from Ala
media and another from Salt Lake. Fol-
lowing the taking of his testimony the
case was closed and Attorney McComas
opened argument for the prosecution
He was followed by Attorney Nole-
man for the defense and then Attorney
Thompson started the closing argu-
ment for the defense.
A night session was ordered and ar
gument was taken up at O'Clock. At
that time there were probably 800 men,
women and children in the court room,
many of the women having sat there
during the two hours recess, going
without their suppers in order to hold
seats during the interim.
When the defense closed the women
crowded around Stackpole and several
people shook hands with him. He was
then taken to side room, where he
was handcuffed. He accepted cigar
from Clerk Jack Wright and seemed
to have recovered to a certain extent
from his breakdown.
Prisoner Tells Story
While the cuffs were being snapped
on Stackpole he told little joke about