The Yale expositor., 1909-09-24
Indlsputable Evidence.

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lcopyrieht. 1903. 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 che re-
ply that he had not, appointed a recent
graduate of an eastern law school tn
defend hln.
gLusher, a cowboy. was chargcA with
having fred shot Mt the conductor
of a freight train with intent To kill.
The conductor had put lin of the
train, passengers not being carried Oh
freight trains. While the conductor
was climbing back on TO II 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 policcsN
Another cowboy, Shnttuck. 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 In order 10 at
tract less attention, and that IL one
were put Off a, train. the other fired
shot from his revolver, as a signal Of
the fact to the other, who thensleft 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 I'm court. lncludlnr
the prisoners counsel. who did npi
consider this plen very fArfetchcd
The case looked bad for Lusher. f.;
If convicted of trying 20 Sillfthp con
ductor he could uot hope for a less
sentence than five years ut hard labor
in the peniientiary. When the jury
was about to retire the prisoner said
to the Judge:
Your honor. does any one yerc think
that I've been goin' arCucd with TWO
revolvers at my hips for ten years for
uOluln ~ ; = HAlftbpN. \ NRAFhal.A taiA
the mans body II wanted to? all
ask is for the court TO TO adjourned
outside and III show what tomfoolery
this yere trial is" lnr
There was something so convincing
in this argument that the judge nd.
journed the court. and Judge. attor
neys, Jury and spectators. lighting e.
gars. 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 It's
lower edge between his friends thumh
and forefnger stood of twenty PAGES
and sent the coin spinning IN the All
without bringing drop of blood 10
Shattucks fingers. The coin happened
to fall at the feet OF the Judge wh
picked 1t up and, noticing It's battered
appearance. remarked audibly: =.
7By thunder"
Lusher mex, procured a thread ana
tying a walnut to one end OF f. put
the other end In Shauuoks hand wb2
held the nut suspended Lusher waiL
ed away from his mark, counting forty
PAGES. turned and before the spe,tar
tors realized that be had raised MS
pistol cracked the nut u
There were mere eSciamariOns 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 II began TO look as If,
had I.usher been vindictive toward the
conductor, be 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 70 be vindicated he wanted the,
vindication to be satisfactory and pro
eeeded with the exhibition. Borrow
ing a hunting watch from juryman,
he opened the case. which was highly
polished and would serve for q re-.
flector. Pointing To n break In the
bark OF tree about two inches In oil
ameter. he walked twenty PAGES from
II and, still keeping his back toward
It, caught the targets reflection In the
watch case, fired over his shoulder and
put a bullet IN the improyised mark.
At this the spectators cried, "Aequit
him. The judge ordered the jury
back into the courtroom. and as they
were proceeding thitber the prisoner
cut hole In each Of their hats with
out scratching a. head iue
"You quit that" cried the foreman'
angrlly, "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 q law
tone. then arose and said
Your honor, the jury flnds that the
defendant Is not guilty Of attempting
to kiIl the plaintiff Furthermore. II
he had 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 betting Further.
more. II wouldn't be safe to convict
him unless he's unarmed and no weap-
..HF