Daily capital journal. (Salem, Oregon) 1903-1919, 1907-09-17


across the railing. Now, a thousand
things not set forth by legislatures
law men and judges affect a jury, and
the slight salutation caused the mem.
bers of this one TO glance ut one an
other. for lt seemed to Imply that the
exquisite lady In white not only knew
ClaudIne, but knew that she had spok-
en- the truth. IL 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 q
balance precarious indeed, and the lit
tie man, swallowing pltifully, looked
at his attorney with the eyes of sick
dog.
Then Joe gave the prosecutors an IL
Illuminating 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 we'll. The second witness, also n
|
ly acquainted with the dead man, and
there began to be an uneasy compre-
henslon 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
! Cmost bllssful RespectabIlltyD a lively
! convalescent In Arlers back yard. The
/ second witness also identified the re-
volver, testlfylng that he had borrowed
! II from Cory I'm st. Louis TO settle a
question OF craftsmanship and that on
his returning II to the owner the latter.
then working his way eastward, had
conflded 60 him his Intention OF stop
ping In Canaan for the purpose OF ex-
orclsing Its melancholy functions upon
n man who had once "done him good"
In that city.
by the time the witness had reached
this point the prosecutor and his as
slstants were on their feet, excited
ly shouting objections. which were
promptly oveTuled. Taken unawares,
they fought for time. Thunder was
looscd-forenslc bellowlngs. Everybody |
lost his temper-except Joe. And the
examination OF the witness proceeded. |
Cory, with that singular inspiration to
confde In some one which Is the char |
actcrlstlc and the undolng OF his kind, |
had outlined his plan of operations to |
the witness with perfect clarity. He |
would first attempt. 80 he had de- |
clared. TO lnclte nm attack upon himself |
by playing upon the jealousy OF hls |
victim, having already made n tenta- |
tive effort In that direction Failing I'm |
this, he would fall back upon one OF
dozen schemes Qor he was ready I'm
such matters, he bragged). the most
likely of which would be 70 play the
peacemaker. He would talk OF his
good Intentions toward hls enemy.
speaking publicly OF him In friendly
and gentle ways. then. getting at him
secretly, destroy him I'm such n fashion
as 90 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 IL fell from the
lips OF witness whom the prosecution
had no means OF impeaching. When
he left the stand, mistaken aud unds-
credited after n frantic cross examlna-
tion, Joe, turning 10 resume his seat.
let his hand fall lightly for second
upon his clients shoulder.
That was the occasion OF demon
stratlon which Indicated sentiment
favorable 10 the defense (on the part
OF at least three OF the spectatorsl and
it was In the nature OF such ham.
merlng OF canes upon the bare wooden
noor as effectually stopped all other
proceedings Instantly The indignant
judge fixed the colonel. Peter Brad
bury and Squire Buckalew with his
glltterlng eye. yet the hammering con
tlnued unabated. aud the offenders
surely would have been conducted
forth In ignomlny had not gallantry
prevailed, even IN that formal place.
The judge, reluctantly realizing that
some latitude must be allowed to these
aged enthusiasts. since they somehow
seemed TO belong 10 Miss Tabor, made
his remarks general. with the time
worn threat TO clear the room, where
upon the loyal survivors OF Eskew re.
lapsed into unabashed silence.
IL was now, as Joe had said, clear
enough case. Only the case Itself,
however, was clear for. as he aud his
friends feared. the verdict might pos
sihly be neither In accordance with
the law, the facts nor the convictions
Of the jury. Eugene's detection had
not altered the tone OF the Tocsin.
All day long Il crowd OF men aud
boys hung about the corridors OF tho
about the square and the
aelghboring streets. and from these
rose somber murmurs, more aud more
The public sentiment OF a
like Canaan can make IL.
self felt Inside courtroom. aud IL was
strongly exerted against Happy Fear.
The TOcsin had alWavS haan a taNVar. |