Omaha daily bee., 1910-06-26
DEACON WAS A SONG sIRD
Obliged to MARBLE IN Court, RE
Proved tie Case fer the
Defense.

Proved the case fer the
Defense.
sam Dysert and I Ners law partners al
Lancaster, No. some twenty-five or thirty
years ago, and it was one OF the most COZ
genial associations have ever enjoyed
remarked Judge n. NJ Shelton Of the Sec
ond judicial circuit recently.
One spring sam was employed 10 de-
fend a lot OF country boys and girls who
we're charged With disturbing religious
worship. The information alleged that by
their bosterous laughter and uoseemly con-
duct they had broken up the meeting The
worst Of 1t was there seemed to be No de-
Tense. They admitted they laughed loudly
right in the midst Of the services.
Brother T. Spears, the preacher, vas the
Prosecuting witness. He was a tall, serious
man, and dreadfuly in earnest about his
case. The prosecutor. T. c. TAdlock shared
Brother Spears Indignation over the out
rage; nothing could be more sAcriliegous
than for youngsters to cut up in church. In
his opening statement to the jury in Justice
Bailey's court the prosecutor said here was
a splendid opportunity 20 teach budding an
arehists a Lesson lest they go on and on IN
I their evil ways and become confirmed law
I breakers
Can MI. spears. said the prosecuting
attorney.
The tall preacher. with dlsnifisd step
and solemn eountenanoe, took The witness
+ bon and places the palms Of his hands TO-
gelher, 4 picture OF prosecuted Innocence.
/ with plous esrnestness he described the
! little assembly in the back country. how he
had strlvsn to develop a desire for i4ght
| living and the commendabie progress be-
/ ing made. lie spoke more IN sorrow than
| in anger concerning the inexcussble con-
! duct OF the young disturbers of his meeting
and felt certain that the only way to save
them from a life OF crime would be to in
flict such punishment here as would cause
them 10 remember ever anter; he did not
mean to be harsh: he was only actuated
| by a feeling Of good towards the defend
ants--to be Just 10 them.
when the witness was TUNED over 10
I him Sam coughed in the dry way he had,
and thNp began the examinations
Brother Spears, you led the meetm
that night
- I did. SIR
You prayed?
/ ~ G.d. sir
And preached
Il tried to
And surg~
' u sung
what did you sing
There is Fourtsin Filled wtui
Blood" SIR"
Here sam pulled hymn book out o!
his pocket ard handed 1t to the witness
with the remark
Please turn to that song Brother
Spears
The witness did 90.
That's what you suns that night
LIT is. sir
wen. stand up and sing it nov, II you
please
what
You heard what said Brother Spears.
But ! can't sins before this sort ot
crowd"
'No-no-but. you see
"'Yuur honor said sam. tuning 70 th,
IeouFt i insist that the witness shall SIM
the cong denominatsd in the evidence jus
as he did on the night OF the alleged dis
turbsnee. IT is part Of our evidence and
very important. The reason FOR it will b,
disclosed later on
There was a long Iansle between tin
lawyers, and the court Finally ordered ih'
witness to get up and sing.
"'And. mind you, Brother Spears, sait
Sam, seriously. YOU must sing it Just a
you did that night; II you change a not
you viii have to so back and do 1t owe
again
Il THE witness got up and opened the book
There was a difference between singing q
a congregation in sympathy with you an
. crowd Of people in a court room. Brothe
Spears was painfully conscious Of the fact
You know how those old-time hymns ar
sung In the backwoods settlements. Yo,
, begin in the basement and work No 4
= the roof and then leap off from the di.Z.
height and finish the line in the basement
That's the way the witness aid. lie had
good Voice-that is. It was strong. I
Gabrers trumpet ever gets out of 'whacl
he could utilize that voice and wake tn
dead Just as readily. 1t seemed to threetci
the window lights, The crowd didn't sn
1T just yelled With laughter The iurymei
3 bent double and almost rolled from
their seats. The court bit his cob pip
harder and tried TO look solemn. ii WASH
! any use. There was only two strait n
I faces In the house, and one belonged 10
deaf man and the other TO Sam Dysart
The singer finished and sat down. II
looked tired. Sam Immediately excuses
! him. When the time for speechmalllri
came Sam remarked to the jury IL yo
gentlemen think YOU could so TO one o
+ Brother Spears meetings and behave bet
ter than you have here, why, you mas b
justified IN convietlns these boys and girls
. That was all no said. II was plenty. m
! jurymen acquitted the Young defendant
! before they got their faces straight
, Green Bag.
EAT, DRINK AND BE MERRY