The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-30
A CirCumstantial Case
Tho Astorian's royelet 10 In -Four Chapters

seemed stupid, but honest, and when
| he loft the stand ! felt TINT tho prose
cuiion had dealt IN n blow all the more
tcrriblc because wholly unexpected.
| An expert assayer testified 10 mn
analysis Of a sample Of the filings al.
ready submitted and declared On.
equsyocally that they consisted OF gold
with NO little alloy that tho body from
which they had been separated might
DO easily manipulated with small
iilc, such as formed one Of the blades
OF the prisoners knife.
A little moro evidence, chiefly for.
nal. was presented. and then the state
rested ita case.
Then opened for the defense. After
careful reflection. although not with.
out much hesitation, I had determined
that the best effect upon the jury
might bc obtained by making the act
cuscd his own first witness.
Jack told his story with absolute
frankncss, Not the tremor Of a mus.
clio betrayed tho intense. nervous strain
under which he was suffering. Ills
eye was steady and unninching, bis
voice cIcar and unshakcn as he dc.
scrlbed each link In the chain Of events
from the day when he first obtained
possession Of tho rellquary until the
hour Of his arrest. Nor was his nnr.
railye shaken under one OF the most
searching cross examinations TO which
have ever listened. Manifestly the
effect upon the jury was good, and !
began 10 cherish renewed confidence.
Then tho plowman told his story OF
bin discovery Of antique coins while
turning the burrows on an English
farm In Stsfforlshire. how he had sold
a few, given away others and brought
tho rost 70 this country and finally
how he had parted with the last re-
naming gold piece to the prisoner at
price agreed upon between them.
The man was old and evidently nerv.
Gus under the strain OF his first expert
ence In court OF Justice. yet under
my careful handling he proved fair
ly good witness, and I indulged In
mild inward chuclsle when ! turned
him over TO the district attorney for
cross examination.
That officer made Il bis business at
the outset 10 quicken all tho apprehen-
sions which had allayed and to
arouse a personal antagonism toward
himself. The simple old farm hand
was very ignorant, and this fact was
made patent TO the jury In way ad'
mirably calculated TO cast dlscredIt
upon his testimony. Finally the cross
examiner executed his coup. Taking
from the table gold coin. OF about the
same size ns the one on tho ownership
Of which the entire case hinged, he
handed II to the witness with the ques.
ton. put In tones 10 rasping that they
might have harried q saint:
"Did you ever SEQ that piece beforef'
"In course" was the prompt reply.
"It's the one I sold 10 Mr.. Scarborough
there"
"Take close look at II, my man."
saId the attorney. "You may be mis-
taken"
"No," said the witness, whose ma.
tive obstInacy had been adroItly stim'
ulated to the highest pitch by the
shrewd tactics OF the attorney for the
prosecution. ut amt likely could
DO mistaken about n thing I know as
we'll as ! knows that and I beant.
That's the very piece" And he grinned
triumphnntly, as though he had scored
a strong point
"Your honor" said the district attor-
ney, turning to the court, 81 assure
you, upon my professional word, that
the coin which this witness has just
now so positively Identified as the one
which he sold to the prisoner Is not q
noble Of the reign Of Edward Ill.
but q rial Of the time Of James !. And
this am prepared to prove"
Here was, metaphorically speaking,
another "blow between the eyes," At
my request my opponent. handed me
both coins, aud | compared them care
fully. They were totally dissimilar, So
far as proving Jacks ownership Of a
duplicate Of the library noble" and
bow the same came Into his possession
were concerned. our case thus far was
a failure unless the jury believed the
Comparatively unsupported testimony
of the accused, whose motives for per-
Jury might be made to appear self EVIL
dent. In vain did I try upon the redi-
rect examination to lead the pigheGded
ana now thoroughly frightened coun-
tryman to select the right coin from
the two shown him. His feeble brain
seemed temporarily unbalanced by !
vague visions of unknown pains ard !,
penalties which might be visited upon
him II he failed to adhere to his orlgi-
nal statement. And no tact, no adroit-
ness-of which at least was MASTER
could induce him to correct his fatal
blunder. Ea a@s
Miss Etherldge was agltated at the
beginning Of her first ordeal on the
witness stand, but gained confidence
as she proceeded with her story. Tie
prisoner had called upon her (here she
blushed and slightly faltereO on the /
evening Of his return from what he
had said had been his summer vacation,
He had shown her gold coin which
ha auld hA hnd rcha aad froy,, a x,loxxy Il