Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1910-07-16


the steps, but the reaction had worked
insidiously. The trial had been par
ticularly exciting one. and those who
had followed 1t were tired after the
three days strain In the i'll ventilated
courtroom. The sympathies of all had
undoubtedly been with the prisoner,
although the state had been vigorous
in its prosecution and the judge had
conscientiously done his duty. Murder
had been committed at Jamestown
Greek few months previously,
though a change of venue had been OBJ
tanned to Fort Morton. the prisoners
own town. Copperthwait had always
been quiet, law abiding ranc chman.
He was under thirty years of age. big.
broad shouIdered and swarthy. diff
dent In manner and somewhat slow Of
speech, though he had been slowly
and thoroughly angered in quarrel
over bunch of cattle. Six or eight
steers had been branded twice, one
mark over the other, and the dispute
arose over this. Duke, the victim Of
the shooting, had borne a bad reputa-
ton, and the village street was usually
more or less uneasy during his infre-
Quent visits. He had killed his man
and had been known to boast of 1t sew
eral times In Flynn's saloon. After
this last quarrel he had sworn to shoot
Copperthwait on sight. The quarrel
had occurred In the morning. That
afternoon COpperthwait had just left
the Eagle hotel to mount his mustang
tied to the hitching post In front when
Duke happened to turn the corner.
Here comes Duke" a bystander ex-
claimed. Copperthwait started and
caught sight of his adversary. Duke
stopped short and put his hand be-
hind him, and Copperthwait. quick as
a fash. fired once and put a bullet
between Dukes eyes. He had offered
no resistance to arrest and now was
in the rough little Jail near by while
the twelve good men and true delber
ated In the hot back room under the tin
roof Of the courthouse.
II guess my hands are little too
soft to play" said the judge good ma
turedly, feeling a qualm as to the ap-
propriateness of his joining actively in
the sport, but I'll be umpire If you
want me-"
The two teams were quickly formed,
the "Comanches" against the Sioux"
The Sioux won the toss and took the
field, and the Comanches were struck
out In one, two, three order. When the
sides changed Hardy. the prosecuting
attorney, took the box. and Blake, the
junior counsel for the defense, caught
him. After much urging the judge had
consented to preside over first base
since Mr.. Hackett had positively re-
fused to play and had been made UNI
pire by general acclaim. AS soon as
his honor found himself coatless and
on the field he threw himself into the
battle with the greatest enthusiasm.
The runs were frequent and the err
yors numerous, and at the end of the
third inning so many hands were sore
and so many arms growing stiff that
1t was mutually decided by the teams
to call the next inning the last. The
score stood II runs for the Comanches
the team made up of Judge Hitler.
Hardy, Blake, the keeper Of the Eagle
hotel and one or two other witnesses)
and for the Sioux. the battery Of
which was formed by the court clerk
and the sheriff, whose heavy, long
boots. extending far up inside his cor
duro detracted somewhat from any
grace of movement he might have had
as he lent his entire soul and mind to
the clerks erratic curves, ably backed
up by the assistant prosecutor, the ste
nographer and several witnesses.
At the beginning of the fourth and