The Newport miner. [volume] (Newport, Wash.) 1899-current, 1911-08-17

for defense on cross examina ton.
| ION the street"
What part OF the street,"
II disremember."
"Was 1t the east end. the west end
or very near the participants in the
frayY'
1T mought a been the east end and
1t mought u been the west end"
| Likely the east endY'
| RECKON
What time O. day was itY'
About half past 5 In the afternoon"
"Sun shiningT
Eyes"
Gentlemen of the Jury. how could
the witness have got a clear view of
the fracas with his face to the west
and the sun shining right In his eyesY
The third witness was very easily
disposed OF. She was q young girl
Ellen Sturdy.
How Old are your" asked the coun-
sci for the defense.
''Ili be eighteen tomorrow"
"Your honor. object to the tesh-
mOny of the witness on the ground
that she Is not OF age"
The judge didn't know whether the
so he adjourned the court till the next
day. when the girl would be OF age.
When the court convened again the
attorney. having weakened the test1-
mony of two out of the only three
/ witnesses who had seen the shooting.
set his wits to work to dispose Of the
| girl But be did not act upon her di-
rectly He proved by several wit
nesstes that she was in love with Light
Fingered Jim" and badgered her into
admitting that though he had never
i said word to her. she was not sure
she had not worshiped him from dis
lance
"tienriemen of the jury. put 1t to
you" said the lawyer lis girl who
Is In love with a man who has been
killed in fracas a lit witness against
his adversary?
There being no more witnesses. the
prosecuting attorney made long
speech. plcturing the enormity OF the
crime so wildly that when he closed
every man OF the jury arose and shout
ed "Guilty"'
But the judge informed them that
counsel for the defense had something
to say about the matter before they
were to bring In q verdict. At this
they sat down and counsel for the de
tense arose. He took the ground that
there had been an ordinary shooting
match between the TWO men which
nobody had seen. Then he proceeded
to picture the innocent young love for
the prisoner on the part OF Ellen Stur-
| dy-she was not present to deny the
eachment-and the agony of the
poor girl at seeing the man she idol
lied dangling lifeless corpse. so eff
fective was this part of his harangue
that several jurymen were moved to
tears With his arguments and his
pictures fresh In their minds the jury
retired for consultation.
| After ten hours seclusion they sent
word to the judge that they were
ready to give verdict. Being recall
ed. the foreman asked:
Judge. air we to find verdic' &C.
cordin' to the facts er accOrdin to the
| evidenceY'
| The judge scratched his head and
| knit his brows. Then he asked the
| lawyers for an answer, and they both
declared that the verdict must rest on
the evidence.
Then" said the foreman. I'VE find
that the prisoner was jist havin lit
tie innocent scrap fer fun and acct
dentally got bullet In his vitais"
Up jumps counsel for the defense.
Your honor. the verdict being not
| guilty, l move the discharge of my
client"
"Feller citizens" said the judge, la
boring. ''tobogganin from one condi-
ton to another Is dangerous In any
community. Eff q man swingin' from
branch to branch let's go one hand be-
fore he's got a holt with the other
| he's. liable to drop. We don't want to
let go Of lynch law with both hands
to take a holt on court law. Fust off.
VIC OctLcI lila Gill; uC pI nav
in been tried by court law and found
innocent, we will now proceed to try
| him by lynch law and see If we can't
| convict him. All in favor of this hold
| up their hands,"
Every hand went up.
The Jury that had just acquitted the
prisoner on the ground that be had
been engaged in an innocent scrap and
accidentally killed man were ap-
pointed to hear evidence concerning
| the charge of murder before Judge
Lynch. Then rhe witnesses were re-
called. the services Of the lawyers
were dispensed with. and the judge
asked the questions.
"Bill Evans. you seen the shootin'Y
Eyes"
Tell what you SEEN"
81 seen Light Fingered Jim walkin'