The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1909-06-11
IndIsputab!e Evidence.


The judge. having asked bin If he had
employed counsel ana receiving the ~.
ply that ne bad not appointed recent
graduate OF an eastern law school "a
defend him.
Lusher, cowboy, was charges win
having fred shot at the conductor
of n 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 Lushcr
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. pal OF
Lusher was on a 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 TO at
tract less attention, and that IL one
were put off Il train the other fired
shot from his revolver as signal Of
the fact to the other. wlio then left the
train. Lusher. backed by this testl-
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.
Kx-nS M I'M lrtIf t,,r
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 cen
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
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 Is"
There was something so convincing
In this argument that tho Judge nd
journed the court. and Judge after
neys, jury and spectators. lighting 81
CARS, went out into the courthouse yagi
TO find out why the cowboy missed the
conductor.
The prisoners pal. Shattuck. consent.
ed to be shot at. Lusher borrowed
quarter from the judge. inserting It's
lower edge between his friends thumb
and forefnger, stood off twenty PAGES
and sent the coin spinning IN the NH
without bringing a drop of blood to
Shattuck's fingers. The coin happened
to fall Mt the feet Of the Judge, who
picked it up and, noticing its battered
appearance. remarked audibly:
by thunder!''
Lusher next procured thread and.
tying a walnut to one end of II. 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 10 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 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 INDICATED 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 re-
hector. Pointing to a break in the
bark Of a tree about two inches in d.
ameter, he walked twenty PAGES from
it and, still keeping his back toward
1t, caught the targets reflection I'm the
watch case, fred over his shoulder and
put bullet In the lmprovised 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 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 a few words to the jury In a low
tone, then arose and said
Your honor, the jury finds that the
defendant IS not guilty Of attempting
to Kill 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
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 XIII
every mothers son of US before we
could get him under"
A.. % a