The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1908-08-11
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picks or small change on the floor,
which the management was anxious
to discover and return. He had no
animus against the accused, whom he
had never seen until today. The man
seemed stupid, but honest, and when
he left the stand felt that the prose
cutiOn had dealt US blow all the more
terrible because wholly unexpected.
An expert assayer testified to an
analysis Of sample of the filings al
ready submitted and declared un-
! equivocally that they consisted of gold
with SO little alloy that the body from
which they had been separated might
be easily manipulated with small
| file, such as formed one of the blades
of the prisoners knife.
| A little more evidence, chiefly for
| NAL, was presented, and then the state
| rested its case.
Then l opened for the defense. After
careful reflection, although not with
/ out much hesitation. l had determined
that the best effect upon the jury
might be obtained by making the &C.
, cused his own first witness.
Jack told his story with absolute
frankness. Not the tremor of mus
Gle betrayed the intense, nervous strain
under which he was suffering. His
eye was steady and unfinching, his
voice clear and mistaken as he de-
scribed each link in the chain Of events
from the day when he first obtained
possession Of the reliquary until the
hour of his arrest. Nor was his mar
rative shaken under one Of the most
searching cross examinations to which
have ever listened. Manifestly the
effect upon the jury was good, and
began to cherish renewed confidence
Then the plowman told his story of
his discovery of antique coins while
turning the burrows on an English
farm in Staffordshire, how he had sold
few, given away others and brought
the rest to 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
~ good witness, and l INDUCED in
mild inward chuckle when / turned
him over to the district attorney for
cross examination.
That officer made it his business at
the outset to quicken all the apprehen-
sions which l 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-
lnirably calculated to cast discredit
upon his testimony. Finally the cross
examiner executed his coup. Taking
from the table a gold coin of about the
same size as the one on the ownership
Of which the entire case hinged, he
handed it to the witness with the ques-
ton, put in tones so rasping that they
might have harried saint:
did you ever see that piece befOre?"
I'm course" was the prompt reply.
Its the one sold to Mr.. Scarborough
there"
Take a close look at it, my man."
said the attorney. ''You may be mis-
taken"
NO" said the witness, whose ma
tive obstinacy had been adroitly slim
ulated to the highest pitch by the
shrewd tactics of the attorney for the
prosecution. "It amt likely could
be mistaken about a thing l know as
well as l knows that, and l beant
That's the very piece" And he grinned
triumphantly, as though he had scored
strong point
"Your honor" said the district attor-
ney, turning to the court, Il 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
noble Of the reign of Edward ILL.,,
but rial of the time Of James l. And
this am prepared to prove"
Here was. metaphorically speaking,
another elbow between the eyes," At
my request my opponent handed me
both coins, and compared them care
fully. They were totally dissimilar. So
far as pro ing Jacks ownership OF
duplicate of the library noble" and
bow the same came into his possession
were concerned, our case thus far was
q 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 try upon the redi-
rect examination to lead the pigheaded
and 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 pairs and
penalties which might be visited upon
him if he failed to adhere to his origi-
nal statement. And no tact, no adrOit-
ness-of which l at least was MASTER
could induce him to correct his fatal
biunder.
Continued