Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-08-26

The night before the case was to
go to the jury my lawyer called on me.
He had that day made a summing up
speech so mastery that one newspa-
per commented upon it editorially.
He was tired and tagged with black
circles under his eyes. He had done
all that he could do. In the morning
would come the summing up Of the
prosecutor, after which the court
would charge the jury, which would
then retire for deliberation.
Mr. Russell explained this proceed
ure. Then he said: "Old man, there
is just one thing / want to talk to
you about. This case may go against
us. If it does, set your teeth and
bite on the bullet. Don't create a
scene. Remember, this is not court
of last resort When the clerk bids
nounces the verdict, stand straight
and don't finch. Puh"c opinion is
much in q case of this sort and the
world hates a gutter"
We talked until late and then shook
hands and ] retired for the events to
come. Another twenty-four hours, in
all probability. would decide whether
or not / would be a free man; yet |
slept that night without even qualm
over the agOnieS / should have known
possessed a brave woman not many
miles uptown. My feelings, my sem
sations. were dulled and stunted.
1t was three o'clock in the afternoon
when the jury retired and the sheriff
chained me to his wrist and brought
me to Part H.. an empty court room.
There my friends congregated as well
as several newspaper men and others
hn1D inc IN ~ ntH
You'd better send for n pint of
whisky to brace you up" suggested
the sheriff.
NO" l said, Il don't need whisky,
I think"
"If you don't. you'll be the first one
to pass through this without it," he
laughed.
Four o'clock came. five o'clock.
out i'm the streets | could hear news
boys shouting the extras that the
jury was dcliberating. An extra was
brought in showing that the jury
stood eight for acquittal and four for
conviction. and the extra Of a rival
newspaper showed the count the Op-
posite way. News drifted in that out
side they were betting even that |
would be acquitted-or convicted, for
that matter.
Without attempting to pose, I think
that in all that gathering of about
twenty-five men | was the least rest
less. | was so sure of my ground that
II never occurred to me for an instant
that | might be convicted. Six o'clock
came and | thought "Well. up to now
they hcsitated for the sake of decen-
cy not to rush right i'm with verdict,
but it seems to me that the time has
come when decency would not suf-
| fer"
At seven o'clock I thought What
in the name of heaven is the matter
with the fOOlS-it can't be that they
deliberate. are in doubt as to whether
am guilty"
At nine o'clock I went to the sheriff
and asked him to send for the whisky.
Someone suggested that we tell stories
and we sat around and each took his
turn at telling jokes and tales. Not
fifty feet away from me were twelve
men deliberating whether | was to
live or to die and here Listening to
tales. some Of them barrOOm stories!
So frightful was the reaction of the
tension to which ! had been subjected.
Twelve o'clock came. ''The jury
has been locked for the night" an
nOunced my counsel as he staggered
into the room and sank into a chair
with Il weary smile.
Around three o'clock I rolled up
my overcOat. made pillow of it and
stretched at full length on the judges
desk and fell into n fitful sleep.
When | got back to my feet / found
the room lined with men who had
stretched themselves on chairs and
benches and had fallen to sleep.
My counsel came in hollOw-cyed.
unncrved with the frightful strain Of
six weeks fighting and looking like
q ghost. He had been to nearby
hotel and had thrown himself fully
dressed. on n bed for an hours rest.
mo hurry" he said. they're first 60
ing to eat their breakfasts. They've
arrived on verdict and we've tele-
phoned his honor who shortly will be
on his way down"
With my counsel and the sheriff I
went to barber shop and got shaved
and spruCed up. Then | had an ice
cold bath and finished my toilet in
my cell, wearing a brand new suit for