The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-20
showed THAT Bills had murdered ;

''r"t IIlflS nNu mufOere0 q
n named OABrien without provo
catron except that O'Brim had claim
ed PTtor right to tire mine Of which
fHls had taken possession. O'Bricn
had gone into the mountain to assert
his cfaim, and Ellis had killed him in
the presence of two witnesses.
We'll, when tire time came for.
trial ELLIS sent word to me that he
"amtol to talk 10 ME in the court
room. but | sent back word for him
to keep his mouth SMUT and see me
immediately after the trial was over.
Lie poor devil sat iar the dock and
eyed ME w~istfully. I could see that
lie had confidence in me as 4 GRIMM
M lawyer who had lrever lost a ease,
but his life was at stake. and he was
suesslng>hard. | allowed the p]rosecu-
tlon to make out it's case with its
witnesses and Offered no objection
or amy kind. ! told them that was
busy and wanted to GET Through will.
Tie TRIAL as soun as possible and AS
so"n as my client was acquitted must
lake up another ease. involving il
great dead Of property. 1t was a
h!u1i, of course. but Il bluff sometimes
beats Il luil-hand.
N|hcn ~ ,ldiin Game took thn
principal witness for the prasccu-
''n, ald woI; after him in this
i'Hniah: We acre the man thai swor,.
away the life Of poor Barney last
year. His blood cries aloud frm. VEN
GtIncc. We nil know. everybody here
knows, Judge aml jury and all the
people know, that YOU swura AWAY
the life Of that poor boy wilen he
was innocent. You seem to make it
your business TO testify in such cases.
You evidently like to. place yourself
III Il position where You can swear
away human lives. Everybody knows
THAT poor Barney was here in Neva-
da, and his aged mother weeping in
| roland. when you swore against him,
and he was hanged a~ltoecaaser ON
year testimony. I don't know what
.you have against Ellis here. but Of
coarse you have some "rudge.'
'licre the prosecuting attorney
property interfered and demanded
the witness he protected from
insult, tut the judge ruled that the
mton who swore away !tlc life of pocr
deserved no protection. That
had an immediate effect ND
on the jury and I could see it. l was
1"t defending Ellis directly, but [
Was successfully %prc.iudicmg the
minds of the jury ~~eainst the wit
ness. I kept chi abusing him and fin
ably compelled him to admit TO judge
n'd jury that he had been mistaken
IN the Barney case the preceding
year. Then | rMnded and shouted:
''lIow dare you come into this
'cHlrt TO swear away another human
lie! How dare YOU appear before Il
jury Of Intelligent men. all Of whom
Of the Barney ease? You admit
hat You wclc mistaken in thlS Bar /,
ley ease and your testimony hang
'd that unhappy lad. I;ui YOU cant
nan" Ellis vita your prr.iu,iiccd l4>ti-
nnnV. | thank Gmd that the people
II Nevada did not mob you las:
'ear, and / nope trmt they will not
.Nnch you now, burt .ynu had better
ret "nl If this community as soon a.
can or l. will NOT vouch for your
worthless life. Get Off the witness
tamd and get out of my sight,
"He disappeared. He was almost
cared to death, and the jury could
that too. While he was getting
'1t Of the room | called for the other
witness, and he came to the stand in
nervous, trembling manner, which
that I ALREADY had him
cared alomst to death. He was very
much excited and evidently expect
Il me TO go after him as / had gone
pfier the other witness. Fe could
earccly stammer his name, and this
what | did to him:
"'Yml saw ONBrior,. the dead man,
aise a shovel and try to brain Ellis
ERE. You saw Ellis nun away from
i'm. You saw O'Brien run after FL
IS clear to the edge of the pit. Your
WI eyes Witnessed the fact that Ell
S Id not draw his gun until he was
bout to be braimed and knocked into
he pit. Now. tell tho jury the truth
'ithout amy hesitation or clubbing.
hut with it!'
"The poor fellow began to s~tutter
nd stammer and shake his head.