Connecticut western news., 1909-02-04
Lndlsputab!e Evidence.


 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 fired 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 car Lusher fired the shot A brakeman came up behind him and held him till other em- ployees of the road gathered round, took him in charge and at the next town turned him over tS the police.
 Another cowboy, Shattuck, a pal of LuSher, was on a rear car of the same train. He testified that he and Lushcr 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 if one were put off a train the other fired 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 l to Shattuck, who was on one of the rear cars.
 There was no one in court, including | tl,o Whn did 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 1 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 l couldn't hit the mans body if l 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
  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 to be shot at. Lusher borrowed a quarter from the judge, inserting its lower edge between his friends thumb and forefnger, stood off twenty paces 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 it up and, noticing its battered appearance, remarked audibly:
 By thunderw
 LuSher next procured a 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 paces, turned and before the specta- tors realized that he had raised his pistol cracked the nut.
 There were more eXclamations. Lush SI InCd llCu d SlOnS lO lhC lhlSdd dnO from the same distance as he had cracked the nut cut the thread at the middle.
 By this time it began to look as if, had Lusher been vindictive toward the conductor, he could have cut off 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 if he was to be vindicated he wanted the vindication to be satisfactory and pro- ceeded with the exhibition. Borrow ing hunting watch from a juryman, he opened the case, which was highly polished and would serve for a re- Hector Pointing to a break in the bark of a tree about two inches in di- ameter, he walked twenty paces 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 a hole in each of their hats with out scratching a head.
 You quit that" cried the foreman angrily. 'or you'll get ten yearsp'
 When court was resumed and the jury had been charged the foreman spoke d few words to the jury in low tone, then arose and sad:
 Your honor, the jury finds that the defendant is not guilty of attempting to kill the plaintiff. Furthermore, if he lad intended to kill the plaintiff he could have shot off his fingers and toes separately, chipping off pieces of him till there was nothing left but his heart to keep on beating. Further more, it 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"
 'The prisoner is discharged" said the judge, following the verdict with remarkable activity, and, stepping