The Barre daily times. (Barre, Vt.) 1897-1959, 1909-01-29
IndlsputabIe Evidence.

Copyright. 1903. by American Press AsSo'
clation.J
The case OF Peter Lusher was called
The Judge, having asked him II he had
employed counsel and receiving the 70
ply that be had not. appointed recent
graduate OF an eastern law school 70
defend him.
Lusher. a cowboy. was charged Win
having fred shot at the conductor
of a freight train with intent TO klll
The conductor had put him on the
train. passengers not being carried on
freight trains. While the conductor
was climbing back on to car Lusber
fred the shot. A 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. sbattuch. a pal OF
Lusher, was on rear car OF the
same train. He testified that be ana
Lusher were travelling together: thar
they were accustomed to travel on
freight trains; that on such occasions
they usually separated IN order TO at
tract less attention. and that IL one
were put of a train the other fired a
shot from his revolver as signal OF
the fact 10 the other. who then left the
train. Lusher, backed by this testi-
mony, claimed that Instead Of shoot
ing with intent to injure the conductor
be was merely giving the usual signal
to Shattuck, who was ON one Of the
rear cars.
There was no one In court. including
the prisoners counsel, who did not
consider this plea very farfetched.
The case looked bad for Lusher. for
If convicted OF trying to kill the con-
ductor be could not hope for a less
sentence than ave years at hard labor
IN the penitentiary. When the jury
was about to retire the prisoner said
to the Judge:
.sYour 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 il wanted 10? All l
ask is for the court to be adjourned
outside and III show what tomfoolery
this yere trial Is"
There was something so convincing
in this argument that the judge adj
journed 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
ed to be shot at Lusher borrowed q
quarter from the judge. inserting Its
lower edge between his friends thumb
and forehnger, stood of twenty PAGES
and sent the coin spinning in the air
without bringing drop of blood to
shattuck's fingers The coin happened
to fan at the feet Of the Judge, who
picked 1t up and, noticing ifs battered
appearance. remarked audibly:
"By thunder."
Lusher next procured a thread and,
tying a walnut to one end Of It. put
the other end In Shattuck's hand. who
held the nut suspended. Lusher walk
ed 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
~. khnv, .t<.a n as~rn - kt.n 4k.~naz "a
from the same distance as be had
cracked the nut cut the thread at the
middle.
By this time It began to look as IL,
had Lusher been vindictive toward the
conductor, he could have cut OF an
ear. darkened an eye or put q bah
through the center of bis heart with
out bali trying Some one suggested
as much. bur Lusher declared that IL
be was to be vindicated he wanted the
vindication to be satisfactory and pro-
ceeded with the exhibition. Borrow
ing hunting watch from juryman,
he opened the case, which was highly
polished and would serve for re-
ACNtth. oAAAAI& W bfGah III the
bark Of tree about two inches in dI-
ameter, be walked twenty PAGES from
1t and, still keeping his back toward
IT. caught the targets reflection In the
watch case. cred over bis shoulder ana
put bullet 10 the improvised mark.
At this the spectators cried. .Acuuit
him!' The judge ordered the jury
back into the courtroom. and as they
were proceeding thlther the prisoner
cut hole In each OF their hats with |
out scratching head
'You quit that" cried the foreman !
angrily. ''or you'll ret ten yearsg'
When court was resumed and the |
fury had been charged the foreman
spoke few words to the jury in low
tone. then arose and said.
Your homer. the Jury finds that the |
defendant Is not guilty OF attempting /
to kill the plaintiH. Furthermore. If /
DC had intended to kill the plaintiff he
could have shot or his fingers and toes
separately. chipping OF pieces of him
TIL there was nothing left but bis
heart to keep on beating. Further
more. Il wouldn't be safe to convict |
him unless hes unarmed and no wsap-
On within ten miles. for he could KIN
every mothers son Of rs before We
could get him under"
.The prisoner is discharged" said
he judge, following the verdict with
activity, and, stepping
Town from the bench. he took the pre-
,aution to grasp the COWBOYS hand