Waterbury evening Democrat., 1907-03-06


 judge, but 1t seemed to her that day by day the inimical spirit gradually failed inside the railing and also in those spectators who, like herself, were enabled by special favor to be present throughout the trial, and that now and then kindller sentiment began to be manifested. She, was unaware how strongly she contributed to effect this herself not only through the glow of visible sympathy which radiated from her, but by particular action. Claud- inc was called by the state and told as much of her story as the law permitted her to tell, interlarding her replies with fervent protestations, too quick to be prevented, that she never meant to bring no trouble to Mir Fear" and that she did hate to have gentlemen start ing things on her account" When the defense took this perturbed witness her interpolations became less ire quent, and she described straightfor- wardly how she had found the pistol on the floor near the prOstrate figure of Cory and hidden it in her own dress. The attorneys for the state listened with somewhat cynical amusement to this portion of her testimony, be- lieving it of no account, uncorroborat- ed, and that, if necessary, the state could impeach the witness on the ground that it had been indispensable to produce her. She came down weep ing from the stand, and, the next wit ness not being immediately called, the eyes of the jurymen naturally followed her as she passed to her seat, and they saw Ariel Tabor bow gravely to her across the railing. Now, thousand things not set forth by legislatures, law men and judges affect jury, and the slight salutation caused the mem- bers of this one to glance at one an other, for it seemed to imply that the exquisite lady in white not only knew Claudine, but knew that she had spok- en the truth. It was after this that a feeling favorable to the defense now and then noticeably manifested itself in the courtroom. Still, when the evil dence for the state was all in the life of Happy Fear seemed to rest in balance precarious indeed, and the llt- tie man, swallowing pitifully, looked at his attorney with the eyes of sick dog.
 Then Joe gave the prosecutors an H. luminating and stunning surprise and, having offered in evidence the revolver found upon Claudine, produced as his first witness a pawnbroker of Denver, who identified the weapon as one he had sold to Cory, whom he had known very well. The second witness, also a stranger, had been even more intimate ly acquainted with the dead man, and there began to be an uneasy compre- hension of what Joe had accomplished during that prolonged absence of his which had so nearly cost the life of the little mongrel, who was at present (most blissful RespectabilityD lively convalescent in Ariel's back yard. The , volver, testifying that he had borrowed 1t from Cory in St. Louis to settle question of marksmanship and that on his returning it to the owner the latter, then working his way eastward, had confided to him his intention of stop ping in Canaan for the purpose of ex- ercising It's melancholy functions upon n man who had once "done him good" In that city. .r.. .....
 By the time the witness had reached this point the prosecutor and his as- sistants were on their feet, excited ly shouting objections, which were promptly overruled. Taken unawares, they fought for time. Thunder was loosed-forensic bellowings. Everybody lost his temper-except Joe. And the examination of the witness proceeded. Cory. with that singular inspiration to confide in some one which is the char acteristic and the undoing of his kind, had outlined his plan of operations to the witness with perfect clarity. He would first attempt. so he had de- clared, to incite an attack upon himself by playing upon the jealousy of his victim, having already made tenta- tive effort in that direction. Failing in this. he would fall back upon one of a dozen schemes (for he was ready in such matters. he braggcdD. the most likely of which would be to play the peacemaker. He would talk O: his good intentions toward his enemy, speaking publicly of him In friendly and gentle ways, theu. getting at him secretly. destroy him In such fashion as to leave open for himself the kind gate of self defense. In brief. here was the whole tally of what had actu- ally occurred. with the exception of the last account in the sequence which had proved that demise for which Cory had not arranged. and 1t fell from the lips of n witness whom the prosecution had no means of impeaching. When he left the stand. unshaken and undis- credited after q frantic cross examina. tion, Joe. turning to resume his seat. let his hand fall lightly for a second upon his clients shoulder.
 That was the occasion of a demon stration when indicated a sentiment favorable to the defense lon the part of at least three of the spectators. and it was in the nature of such a ham, mering Of canes upon the bare wooden floor as effectually csopped all other proceedings instantly. The indignant judge fixed the colonel. Peter Brad bury and Squire Buckalew with his