Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-02-17

ply that he had not, appointed a recent
graduate Of an eastern law school TO
defend him.
Lusher, cowboy, was charged with
having fired a shot at the conductor
Of freight train with intent TO XIII.
The conductor had put him on the
train, passengers not being carried on
freight trains. While the conductor
was climbing back ON to a car Lusher
nred 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, Ghattrck, pal Of
Lusher, was on a rear car Of the
same train. He testified that be and
Lusher were travelling together; that
they were accustomed to travel on
freight trains; that on such occasions
they usually separated in order 10 at
tract less attention, and that II one
were put on a train the other fred q
shot from his 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 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 faFfetched.
The case looked bad for Lusher, for
II convicted Of trying to kill the con
ductor he could not hope for q less
sentence than Eve years ut 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
revolvers at my hips for ten years for
nothin'. Dye suppose couldn't hit
the mans body IL l wanted to? All
ask IL for the court to be adjourned
outside and III show what tomfooleFy
this yere trial is"
There was something 30 convincing
In this argument that the judge ad-
journed the court, and Judge, attor.
neys. jury and spectators. lighting cl-
gars, went out into the courthouse yard
to and out why the cowboy missed the
conductor.
The prisoners pal. Shattuck, consent
ed to be shot at. Lusher borrowed a
quarter from the judge, inserting Its
lower edge between his friends thumb
and forefnger. stood or twenty PAGES
and sent the coin spinning in the air
without bringing a drop Of blood to
shattuck's flngers The coin happened
to fall at the feet Of the judge, who
picked 1t up and, noticing its battered
appearance, remarked audibly:
by thunderl"
Lusher next procured a thread and,
tying walnut to one end Of It. put
the other end in shattuck's hand, who
held the nut suspended. Lusher walk
Cd away from his mark, counting forty
PAGES, turned and before the specta-
tors realized that no had raised his
pistol cracked the nut.
There were more EXPLANATIONS. Lush
or 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 II began to look as II,
had Lusher been vindictive toward the
conductor, he could have cut OF an
ear, darkened an eye or put a ball
through the center Of his heart with
out half trying. Some one suggested
as much. but Lusher declared that II
he was to be indicated he wanted the
vindication 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 q re-
Hector. Pointing to a break in the
bark of tree about two inches in di-
ameteE he walked twenty PAGES from
II and. stin keeping his back toward
It. caught the targets reflection in the
watch case, fred over his shoulder and
put a 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 a hole In each Of their hats with
out scratching head.
'Tou quit that" cried the foreman
angrlly. "or you'll get ten yearsr'
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 fnds that the
defendant Is not guilty OF attempting
to kin the plaintiff. Furthermore. II
he lad intended to KIN the plaintiff be
could have shot or his fingers and toes
separately. chipping or pieces Of him
till there was nothing left but his
heart to keep on beating. Further
more. 1t wouldn't be safe to convict
him unless he's unarmed 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-