The Elbert County tribune., 1909-07-22

''the states attorney has deputized me
to try this case, as he is out of town
and 1t seems to be the wish OF all the
parties to avoid publicity as much as
possible
"Who is for the defense?" inquired
McCurdy
Walter Linton, a brilliant young at
torney, went over to '.The Pawn" and
held a whispered conversation. Then
he announced that he would defend
the prisoner.
..Will the defendant have jury?"
1--WE elect to try the case before the
court said Linton.
Davies opened for the state aid in
words Of fire he painted the awful
treachery of THE Pawn" who. too
had waited until his rival was en-
gagged in a friendly scufiie" with an
other and then had slipped in and de-
livered the poltroon's blow. He trust
ed that the real cause of the rivalry
might not be made apparent. 1t was
no wish of the state to drag in the
mire the name of one of its most love-
ly daughters II the ends of justice
could be subserved without 1t. But
the state would be able to show mo-
tive, powerful. compelling motive.
While he was a friend OF the accused
he had still his duty to perform. and
he felt that he must put friendship
out of his heart and do that duty with
all the power that lay within him.
And where was Tom Childress?
Why was he not there to ask the
vengeance of the law upon his assail-
ant? The state would seek to show
why. If the accused had any special
knowledge of the whereabouts of his
victim the state would be very likely
to discover it. But he had no charges
to make; the present charge was se-
rious enough, and he was willing to
let what might come out In the evil
dence
Linton then outlined the defense
| and said he would seek to show that
not Chester Easter but Tom Garrity
had struck the blow.
But this hope for THE Pawn" was
dashed when Garrity went on the
stand and swore that he had no knife,
| and was fully corroborated by all the
rest. They swore with equal positive
ness that "The Pawn" did have q
knife. All had seen it as he stood
brandishing 1t at the top Of the stair
way. Diaz had seen 1t when he re-
turned to the ONCE Diaz also heard
the threat against the life of Childress.
He did not know what had become Of
Childress. He lived near him. and his
family knew nothing of his where
abouts. He believed that Easter could
tell where he was II he wanted to.
This objected to by defendants coun-
sell. and objection sustained.
Through It all The Pawn" sat with
bIoodless face and with eyes far, far
away. He seemed to take no interest
In the proceedings until Linton said:
II will now put the defendant on the
stand In his own behalf. Be sworn.
Mr.. Easter"
McCurdy mumbled the oath: DO
you swear to tell the truth, the whole
truth, and nothing but the truth con-
cerning the matters and facts pertain
ing to this case which shall be asked
OF you by counsel. SO help you, and SO
forth?"
"The Pawn" took the stand like an
automaton. II the object Of the con-
spiracy was to daze him nothing could
have succeeded better. The mystery
is how they kept their faces straight.
Several of the less experienced at the
noble art of practical Joking had to
leave the room to indulge In smother
ed shouts Of laughter.
Nov, Chester, tell your version Of
this AFFAIR" said Linton.
'I win tell 1t ALL" began "The
Pawn" in a voice choking with emo
ton. II will tell everything. I can't
keep 1t back any longer. Tom Chill
dress face is with me day and night
I wake up and see 1t in the dead Of
night II sleep it is with me in my
dreams. o. great God, II only could
shut that terrible vision from my
yntndi" 1a roaa and fhroWin0 nm hfn