The Birmingham age-herald., 1908-08-09

employers. The sergeant reluctantly made his Identification, and hurried on to
 say that he lived in the same nelghbor- hood with the prisoner and knew him to be a respectable man, who had never
 been in any trouble since he left prison, where he had earned a communication of his sentence by his good behavior
 Why, the crime Is 30 years oldn' ex- claimed the Magistrate who had been studying the documents produced by the deputy. And you say that the mans record has been good since that time?'
 Good as can be, Your Honor" said the detective sergeant. Never a word spoke against him that I know of. He got married three years ago-there's his wife by the railing, Your Honor; and has been a steady, hard-working man"
 An a booze-hghter besides, sergeant, ye forget that"
 "No your honor-I never knew him to teFa drop of liquor.'
 "Oh, don't tell me that! What are me ] eyes tor? The drink is barely dying out in him now. Call up this Pagan, who i squealed on him."
 John Pagan was called and advanced and took the oath with much fervor He was an undersized. pallid, wrinkled man l of middle age, at once overbold, and ob- sequiously humble to the magistrate. l well, Pagan, me man." asked the 1 Magistrate "an' why did ye go an blow l on McGinnis?"
 1 q considered it me duty judge, your honor." said Pagan
 i "Your. duty The court room Is full of this kind of duty this marnin', seems to me! Officer open thct windy and let a little fresh air come in. You step down, Pagan. me dutiful jewel. Since it appears that ye told the truth to the deputy, we won't waste our toime inquiring into your high motives"
 . Magistrate Dwyer leaned over his desk i Mrs. McGinnis, ma am, will ye be kind enough to step up this way? Thank 'ye, ma'am. Officer, open that gate for the lady, and be sharp about 1t, dye mind? Now, ma am, I'd like to hear what ye think of this husband of yours? Does he drink? Does he trate ye badly, ! ma 'am?"
 Mrs McGinnis flushed, and then turned ] pale. She glanced quickly aside at her | husband. He had lifted his face for a 1 moment, but as their eyes met he dropped his quickly, and seemd to shrink further into his slack, humble, dropping attitude, and she sharply averted her gaze.
 'Your honor he has been a good hus- i band to me, I can't deny that" she said in a low voice which trembled slightly, but which got firmer as she proceeded. ] But he has deceived me sorely, your i honor"
 And how was thot, ma'am?' q am a respecta ble woman, your hon. ! or-I come from a respectable family l i did not know that Joe-Mr. McGinnis- ! had ever been in jail. An he told me | that he never touched liquor. l can't stand drinking man-my mother had i her sorrows, judge, because of the drink. But MT. McGinnis was drinking all day | thar ba Wa arrested ! now I hear that he has been in prison. God help me! I can never forget this day, your honor; but l ask you not to send him to prison again
 And If do not, ma am, how then? Will you let bygones be bygones and h1p him to live this down?"
 By this time the indifferent loungers in the court room-the strange ragtag and bobtail who haunt these grimy chambers of distress-mingled with those having business there; the lawyers, the reporters i witnesses in other cases had gathered near the desk, scenting something unusual in the air Especially the newspaper i men. They had a warm spot In their hearts for Magistrate Dwyer. None Of , them much minded his reputation for i being too closely in touch with Tammany i Hall to befit the strict ends of Justice, for there was something eminently hu- i man and lOVaDle aDOut lue- Duily oiu spoilsman. Moreover, he often threw i formal routine and book laws overheard, and thus furnished "stories'' dear to the reporters. Still they did not think that ] Dwyer would release the prisoner. The outcry of the pure politics crowd would be too formidable, just now, when practical politics was fighting for Its life i and It's rule of the town. But everybody l looked curiously at Mrs. McGinnis, to see l how she would answer. She was silent 1 for at least half minute, and then slow 1 ly said:
 'T hope I'd do my duty, judge, your honor-but this is a sore disgrace" | Another one with duty spillin' out av their person. bedad!'' cried Dwyer, thump- ing his fist on the desk. "Oh, but isn't 1 this respictablity the foine thing! Let's see how much av it the prisoner has. McGinnis, me man, I s'pose ye tried to register illegally purely from a sinse of l duty?'
 The prisoner looked wanly at the mag 1 istrate. and faulteringly said: "Yes, | judge, your honor.'
 | A gale of laughter swept through the courtroom. But Magistrate Dwyer's an- gry glare and bull-like roaring abruptly | checked it.
 Be the powers, McGinnis. I can give | your sinse of duty what's comin' to it, thin! Do ye plead guilty or not guilty?'
 q am guilty, jedge, your honor.'
 Thin, McGinnis,' said the magistrate, taking up the papers in the next case, | "Tll have to say to you"
 Judge, your honor!' cried the prisoner suddenly, in a voice which brought Dwy- CTS angry eyes to him in wonder, please don't send me away yet! Will you let me tell you how this happened-judge, your honor-for Gods sake?"
 Dwyer dropped the bundle of papers, and let his obese body settle back in his chair. Say on, McGinnis,' he said;
 but make 1t short Officer I can see, 1 if ye can't, that Mrs. McGinnis looks
 wake-give her a chair, and stip lively
 too Proceed, McGinis, me man."
 The prisoner moistened his parched lips with his tongue, and then clasping his cloth cap in his trembling fingers, | and with his head bent humbly he said
 q was IS years old. judge, your honor, when I stole the set of furs from my boss. l was help to porter in the dry 1 goods district had no father or mother living, and I doin't deny that I was | goin' to the divil as fast as I could with | the drink and the card playin And I stole the furs one day to get money to go | on the way was going. An was caught and the judge, he wouldn't give me anoth- CT chance. nom ore would me employer. l though I was ready to swear to God that I would drop me old ways, and meant | what I said But they sent me to iail. I and I was there for two years, judge, | nd T ho1 IA