Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1909-02-18
|ndisputab|e Evidence.

ne JuuSc, uuN lHS uShcu hiih ~ hs h""
employed counsel and receiving the re-
ply that he had not, appointed recent
graduate of an eastern law school to
defend him.
Lusher, cowboy, was charged with
having fired shot at the conductor
of a freight train with intent to kill.
The conductor had put him of the
train. passengers not being carried Oh
freight trains. While the conductor
was climbing back on to Il car Lusher
fired 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. Shattuck, a pal OF
Lusher, was on rear car of the
same train. He testified that he and
I.usher 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 II one
were put off train the other fired
shot from his revolver as Il 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 injure 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
if convicted of trying to kill the con
ductor he could not hope for less
sentence than five years at hard labor
in the penitentiary. When the jury
was about to retire the prisoner said
to the judge:
"Your honor does any one yere think
that I've been goin' around with two
revovers 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 tomtoolery
this yere trial is
There was something so convincing
in this argument that the judge aG-
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. Lusner borrowed
quarter from the judge. inserting its
lower edge between his friends thumb
and forefingcr, stood off twenty PAGES
and sent the coin spinning in the air
without bringing Il drop of blood to
Shattuck's fingers. The coin happened
to fall at the feet of the judge, VIII"
picked it up and, noticing its battered
appearance remarked audibly:
by thunder,
Lusher next procured thread and,
tying Il walnut to one end of Il. 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 explanations Lush
err 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 1t began to look as it,
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
rs much, but Lushcr declared that if
he was TO he viudicatcl he wanted the
yindication to be satisfactory and pro
ceeded with the exhibition. Borrow
ing a hunting watch from a juryman.
he opened the case, which was highly
polished and would serve for Il re
tector. Pointing to Il break in the
bark Of Il tree about two inches In di-
ametcr, he walked twenty PAGES from
it an,. still keeping his back toward
it. caught the targets reflection in the
watch case, fired over his shoulder and
put IL bullet in the improviSrd mark.
At this the spectators cried, "Acquit
him." The judge ordered the jury
back into the courtroom. and as they
were proceeding thithcr the prisoner
cut hole in each of their hats with
out scratching Il head.
"You quit that" cried the foreman
angrily. "or you'll get ten years.
When court was resumed and the
jury had been charged the foreman
spoke a few words to the jury in Il low
tone. then arose and said:
Your honor, the jury lindS that the
defendant is not guilty of attempting
to XIII the plaintiff Furthermore, if
lie hod intended to Kill the plaintiff he
could have shot off his fingers and toes
separately. chipping off pieces of him
TIL there was nothing left but his
heart to keep on beating Further
more ii wouldn't be safe to convict
him unless he's unarm"d and no weap-
on within ten miles. for he could kin
every mothers son Of us before we
could get him under"
The 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
ferveutly that he might make peace
with him before he had a chance to
shoot. Every man in the courtroom
insured his own safety by following
the judges example. Last of all came
The conductor. who told the acquitted
man that whenever he and his friend
wished TO ride on his train to step
right into the caboose and If he would
notify him Sumptu0us lunch would
be provided Then LuShcr walked out
Of the courtroom a couuuering hero.