Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1910-03-09
A HABEAS CORPUS,
BY ALBERT J. FORBES.

1t was well established fact that
Kentucky must swing. No one cared
what his real name was. He was the
only man in the place hailing from
the state whose hunters had whipped
the British at the battle of New Or
leans. and that was sufficient. His
name had come out at the trial as Joe
Bates, but this did not alter the fact
that he was Kentucky. No one cared
anything about him except Eliza
Skemp. who kept few boarders and
had harbored him among them. 1t
was currently reported that she was
going to marry him or had married
him or didn't care whether she was
his wife or not
Nobody seemed to consider it hard
on Kentucky that it had fallen to his
lot to swing for the general good. The
citizens had determined that the next
man to shoot and kill should be tried
and convicted of murder-not tried
and acquitted, mind you. but tried and
convicted. That meant shooting was
to be stopped by making an example
Kentucky had been playing for large
stakes with a gambler who had come
In the day before. The gambler pulled
an ace out of his sleeve. and Kentucky
saw him do it, 1t would have been
| all right if the gambler hadn't been
| so clumsy as to get caught. 1t was
all right. too. for Kentucky to put
bullet between the gamblers eyes ex-
cept for the decision of the citizens
that the next man doing the shooting
! act must be made an example of. 1t
| was Kentucky's misfortune to be the
next man.
There wouldn't have been much in
! terest attached to the hanging if it
hadn't been for Eliza Skemp. Ken
lucky had no sooner been sentenced
than she went about trying to get peo-
pie to sign a petition for a pardon
what dye want to hang man for"
she said, "simply because he done the
most natural thing in the world?'
"Kight you are" everybody said.
what else could you expect under
the circumstances" and they all sign
| ed the petition. Eliza got it signed
by the whole community and took It
to the governor Of the territory.
whats this" he says-'petition for
pardon Of Bates? That's mighty queer
for the people of the town to convict
a man to stop shooting and then ask
me to pardon him. No. ma'am. Joe
Bates is sentenced to swing on Friday,
! the Goth, at IL o'clock. noon, and I'll
be there myself to see that the jobs
| done properly. It's time this terri
tory, if it ever expects to become a
! state, should have some respect for
law"
Liz saw that there was no use plead
ing, so she went away.
Now. Liz was no fool Of woman.
fellow. and it seems strange that
she should have taken SO much pains
for him. She set such store by getting
him off that two men in the town al
lowed they'd help her to carry out any
plan she might set afoot. There wasn't
any use trying to do anything by force,
for the governor appeared in town the
lot of deputy sheriffs to see that the
job wasn't interfered with.
The night before the hanging Liz
set the watches Of her two confed-
crates half an hour back. She went to
the Jail for last interview with Ken
lucky, and while the jailer's back was
turned she set his clock back. The
went about town comparing time with
the citizens and convinced them all
that their watches-those who had
watches-were half an hour too fast.
One of LIS friends claimed to have
come in from the capital with the gov
eminent time.
On the morning Of the hanging a
friend of LIS calls on the governor,
passes the compliments of the season.
asks him if he's tasted julep since he
left the States and ended by inviting
him over to her house to take one. The
governor accepted. and after partaking
O the julep LIS friend proposed that
they should sit down to a small game
to pass the time till the hour should
come for the hanging.
They played and played. and while
they were playing Liz came in, weep
ing copiously. She implored the gov
ernor on her knees, with the tears
streaming down her cheeks, to give
her Kentucky's body that she might
give it a decent burial. The governor
was "out'' in the game and didn't
want to be interrupted. so be said il
she'd go away he'd attend to it. But
she stuck to him, and the governor
made up his mind If he wanted to get
square he'd better get rid of her. so.
calling for pen and paper. be wrote of
an order to the sheriff to give the body
Of Joseph Bates to Eliza Skemp. Then
he casually looked at his watch. and.
seeing it was five minutes after II, he
started and exclaimed that he'd missed
the hanging. He gave the order to Liz.
and she makes for the Jail mighty fast
and gets there quarter hour, accord
ing to the jailer's watch. before the
execution time.
The jailer when he saw the govern
or's order to give the body of Joe
Bates to Eliza Skemp didn't know
what to do. Its habeas corpus"
said Liz, land there amt no one dares
to disobey that. 1t 'ud be onconstitu-
tional." The jailer didn't do anything.
and Kentucky, he just marches out
with Liz. They walked through
crowd that was waiting to see him
hanged. One of LIS confederates