Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1909-05-12
lndisputabIe Evidence.

ECopyrtght. 1903. by American Press Asso-
ciation.1
The case of Peter Lusher was called.
The judge, having asked him if he had
employed counsel and receiving the re-
ply that he had not appointed a recent
graduate of an eastern law school to
defend him.
Lusher, a cowboy, was charged with
having fred a shot at the conductor
Of freight train with intent to kill.
The conductor had put him off the
train. passengers not being carried on
freight trains While the conductor
was climbing back on to a car Lusher
fred the shot brakeman came up
behind him and held him till other en-
ployees of the road gathered round,
took him in charge and at the next
town turned him over to the police.
Another cowboy. Shattuck. a pal of
Lusher, was on rear car of the
same train. He testified that he and
Lusher were travelling together; that
they were accustomed to travel on
freight trains; that on such occasions
they usually separated in order TO at
tract less attention, and that if one
were put off train the other fred
shot from bis revolver as a signal of
the fact to the other, who then left the
train. Lusher backed by this testi-
mony, claimed that instead of shoot
Ing with intent TO iniure the conductor
he was merely giving the usual signal
to Shattuck, who was on one of the
rear ears.
There was no one in court, including
the prisoners counsel, who did not
consider this plea very farfetehed.
The case looked bad for Lusher, for
Il convicted of trying to kill the con-
ductor he could not hope for less
sentence than five years at hard labor
In the peniteutiary. When the jury
was about to retire the prisoner said
10 the judge:
"Your honor. does any one yere think
that I've been goin' around with two
revolvers at my hips for ten years for
nothin'. Dye suppose / couldn't hit
the mans body if wanted to? All /
ask is for the court to be adjourned
outside and I'll show what tomfoolery
this yere trial is"
There was something so convincing
In this argument that the judge ad-
1ourned the court, and judge. attor-
neys, jury and spectators, lighting CT
CARS, went out into the courthouse yard
to find out why the cowboy missed the
conductor
The prisoners pal, Shattuck. consent
I'd to be shot at Lusher borrowed a
quarter from the judge, inserting its
lower edge between his friends thumb
and forefnger, stood off twenty PAGES
and sent the coin spinning in the air
without bringing drop Of blood to
Ehattuek's fingers. The coin happened
TO fall at the feet of the judge, who
picked it up and, noticing its battered
appearance remarked audibly:
by thunder"
Lusher next procured q thread and,
tying walnut to one end Of it, put
the other end in Shattuck's hand, who
held the nut suspended Lusher walk
ID away from his mark, counting forty
PAGES, turned and before the specta-
tors realized that be had raised his
pistol cracked the nut.
There were more ordinations Lush
q then tied a stone to the thread and
from the same distance as he had
cracked the nut cut the thread at the
middle.
By this time it began to look as If,
had Lusher been vindictive toward the
conductor, he could have cut of an
ear, darkened an eye or put ball
through the center of his heart with
out half trying. Some one suggested
as much. but Lusher declared that If
be was to be indicated he wanted the
vindication to be satisfactory and pro-
reeded with the exhibition. Borrow
ing hunting watch from juryman,
be opened the case, which was highly
polished and would serve for a re-
6ector. Pointing to a break in the
bark OF tree about two inches in d.
Ameter, he walked twenty PAGES from
1t and, still keeping his back toward
It, caught the targets reflection in the
watch case, fired over his shoulder and
put bullet in the improvised mark.
At this the spectators cried, "Acquit
him" The judge ordered the jury
back into the courtroom. and as they
were proceeding thither the prisoner
rut hole in each of their hats with
out scratching a head.
"You quit that" cried the foreman
Aagrily. ''or you'll get ten years." .
When court was resumed and the
1ury had been charged the foreman
spoke few words to the jury in low
tone, then arose and said
'sYour honor, the jury finds that the
defendant is not guilty of attempting
to kin the plaintiff. Furthermore, If
he had intended to kill the plaintiff he
could have shot OF his fingers and toes
separately, chipping OF pieces of him
I'LL there was nothing left but his
heart to keep on beating. Further
more, 1t wouldn't be safe to convict