Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1909-02-05
I|l,disputable Evidence.

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Copyright. 1909. by American Press Asso-
ciation.l
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 recent
graduate of an eastern law school to
defend him.
Lusher, a cowboy, was charged with
having fred shot at the conductor
Of a freight train with intent to kill.
The conductor had put him of the
train, passengers not being carried on
freight trains. While the conductor
was climbing back on to 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
Lusher were travelling together; that
they were accustomed to travel on
freight trains; that on such occasionsl
they usually separated in order to at
tract less attention. and that If one
were put off a 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 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 we're 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 Isl '''s~ -
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 a
quarter from the judge, inserting its
lower edge between his friends thumb
and forefinger, stood off twenty PAGES
: and sent the coin spinning in the air
without bringing drop Of blood. to
Shattuck's fingers. The coin happened
to fall at the feet of the judge, who
picked it up and, noticing it's battered
appearance. remarked audibly: !
''By thunder!' =
| Lusher next procured thread and,
tying a walnut to one end of 1t. 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 EXPLANATIONS. Lush
er then tied stone to the thread and
from the same distance as he had
; cracked the nut cut the thread at the
: middle.
I 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
! he 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-
Hector. Pointing to break IN the
bark Of tree about two inches in d.
ameter, he walked twenty PAGES from
! IL anu, Bull keeping LIS OhCA OWdEu
It, caught the targets reflection in the
watch case fred 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 ~ they
were proceeding thither the prisoner
cut a hole in each of their hats With
out scratching 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 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 kill the plaintiff. Furthermore, IL
he had intended to kill the plaintiff he
could have shot of his fingers and toes
; separately, chipping OF pieces Of him
TIL there was nothing left but bis
heart to keep on beating. Further