The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-02
IndlsputabIe Evidence.

The judge having asked him IL 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.
busher, cowboy, was charged with
having fred shot at the conductor
OF a 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 Il car Lusher
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, Shottuck 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 i'm order TO at
tract less attention; and that II one
were put off train the other fred a
shot from his revolver as 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 iniurc the conductor
he 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
II convicted of trying to kill the con.
ductor he could not hope for less
sentence than FIVE years at hard labor
I'm the penitentiary. When the Jury
was about to retire the prisoner said
TO the Judge:
your honor. does any one we're think
that I've been goin' around with two
reyolvers at my hips for ten years for
nothin' Dye suppose | couldn't hit
the mans body II | 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-
journed the court, and Judge, attor.
neys. jury and spectators. lighting ci-
gars, went out into the courthouse yard
TO find out why the cowboy missed the
conductor.
The prisoners pal, Shattuck, consent
ed 10 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 a drop of blood to
Shattuck's fingers. The coin happened
to fall at the feet of the judge, who
picked 1t up and, noticing it's battered
appearance, remarked audlbly:
"By thunderw
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 he had raised his
pistol cracked the nut.
There were more exclamations. Lush
er 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 II,
had Lusher been vindictive toward the
conductor, he could have cut off 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
he was TO be indicated he wanted the
vindicatlon 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-
fiector. Pointing 10 a break In the
bark OF a tree about two inches In di-
ameter, he walked twenty PAGES from
It 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
cut hole In each of their hats with
out scratching n head.
"You quit that" cried the foreman
angrily, "or you'll get ten yearsw
When court was resumed and the
jury had been charged the foreman
spoke a few words TO the jury in low
tone. then arose and said:
Your honor the jury finds that the
defendant is not guilty OF attempting !
TO KIN the plaintiff Furthermore. II
he had intended 20 XIII the plaintiff he
could have shot off his fingers and toes
separately, chipping of pieces Of him
till there was nothing left but his
heart TO keep on beating. Further
more, II wouldn't be safe TO convict !
him unless he's unarmed and no weap-
on within ten miles, for he could kill
every mothers son OF us before we
could get him under"
'gThe prisoner Is discharged" said |
the Judge, following the verdict with |
remarkable activity, and, stepping |
down from the bench. he took the pre-
caution to grasp the cowboys hand !
fervently that he might make peace
with him before be had chance to