The star. (Reynoldsville, Pa.) 1892-1946, 1908-08-05


crutch, and that the watch had been
| hidden, not carried off, was the proof
that no thief had been the murderer.
| So Dan Malone lay in prison for
awhile, and was at last brought to
trial. The facts which the jury had
to consider were these:
No one had seen Dan after Mr..
Hardburn left home. A pistol which
was in the house had been used to
shoot him with. Dan declared that
he had not crossed the threshold, yet
there were the marks of a crutch
from the gate to the woods, down to
the spot where the murdered man lay
and back again, and Dan came into a
fortune on his death.
During the trial his manner, his
words, his pallid face, his evident ter
ror, even before Mr.. Hardburn had
been found, were all described and
set down against him. One of his
brothers was in prison for man
slaughter, and the race was bad.
The jury only brought in the ver-
dict all expected when they brought
in that of Guilty Of murder in the
first degree" and when asked what
he could say in his own defense Dan
only answered:
"How could any one believe that
could kill him?"
So Dan was condemned to be hung by
the neck until he was dead, and all
the world said 1t was only what might
be expected of Malone's boy-that he
should turn and bite the hand that
fed him. Even when the dreadful
day came there was little pity felt for
him. Such traitor, every one felt,
deserved hanging.
Simon and Betty both came in for
comfortable legacy, and the prop
erty went to charity in case of
Dams death, and Simon took his leg
acy and lived in little house that he
bought, and for man of humble sta
tion was very we'll off. He lived thus
ten years, adding to his means by
driving people to and from the sta
ton when he felt like it, and married
buxom wife.
One day, however, the wagon of
which he was so proud came to grief.
Simon was thrown out and taken
home In a dying condition. AS he
lay on his bed, attended by his weep
ing wife, more than bodily torments
seemed to rack him, and he begged
for priest. The priest came, and at
the end of the confession to which he
listened summoned the magistrate. .
This is what was taken down in his
presence and that of the priest from
Simon's own lips:
Father Steck says must tell the
truth before / leave the world or l
can have no absolution. wouldn't
tell it If had chance of life, but 1t
doesn't matter now.
Il lived with old Mr.. Hardburn
ten years ago. I'd lived with him
quite a time, and he thought good
deal of me. At last he took boy to
live with him-Dan Malone, a lame
fellow-and he thought of no one
else after that. hated Dan; he was
no better than I, and the old man
made will, leaving him all he had.
He put me in the will for $4,000, too,
but I wasn't satisfied. One day the
old man got lot of money paid him.
1t was a mortgage; he put 1t In his
pocket and went to fish. / knew he
was down in the woods alone, and l
thought II any one could knock him
senseless he could get the money, and
then l thought of my legacy. If he
was dead could have that, too. Dan
Malone was sick that day; l saw him
in bed; he was asleep. l went and
got pistol there was in the house,
and then l saw Dams crutch outside
the door; he'd got so he could walk
about the house pretty we'll without
it. He'd had costly doctors called in
to him, and thought minute, and
l took 1t. I wasn't going to have my
shoes measured If anything happened
to the old man, and the crutch seemed
to be good thing to knock him on
the head with, too. l tied my leg up
by handkerchief and went down
into the woods, leaning on the crutch
as If was lame. No one saw me.
The old man was fishing. I went be-
hind him and hit him on the head
and took his money and his watch as
he lay senseless. I wouldn't have
killed him If he hadn't come to and
called out, Good heavens! it's ST.
mon!' Then l had to. l hid the
watch In the tree, meaning to get it
again some day, and l limped home
as I had come. II any one saw me
from distance they thought it was
Dan. left the crutch where I'd
found it. No one was near. No one
suspected me. Dan was arrested and
tried and hung. would have saved
him II could without hurting my
self, but that was not possible. ]
here swear that he was as innocent
as babe, and that did the deed he
was hung for"
Simon lived just long enough to
sign this confession, and long ago re-
pentant hands set stone over poor
Dams neglected grave with his sad
lrAN