The daily Alaskan., 1911-07-18

you saw tne shQoNnE hektu coAAHtl for defense eu cross continuation
 "On tbg street."
 "Wht part of Che streetT
 'I disremember
 Was lt tbe east end. the west end O. very uear the participants in the frayg"
 'It mought a been the east end and it thought a been The west end
 Likely the eust endT
 Reckon
 WhaJ ume O day was ltg'
 About baIf past 0 m tue afternoon"
 'Sm shinngr
 'Yes.
 1 "Geutlemen Of the Jury. how could Che witness have got clear view of the frucas with his face Co the west and the suu shining right fin his eyesT
 The third witness was very easily disposed ot She was young girl Ellen Sturdy
 How old are you?" asked the coun- sel for the defense
 "l1l br eighteen tomorrow"
 "Your honor. object to the testi mony of thr witness on the ground that she Is uui ot age
 The judge didn't know whether the objection should be sustained or not Do be adjourned lhp ruurt till thc newt day, when the Eirl would hu ni aEr
 When the court ronvcmrd uguln tho attorney. having weakened thr trs,i mony of two out oi lne only thrv witnesses who had Seu the shooting set his wits Io work Co dispose ui the girl But he did not Jct upon hrr di recuy. He pruved by several wit uesses that she was in love with Light Fingered Jim md bodgerrd her Into admitting thai, though he hnd never said word to her. she wos not sure she had not worshiped him from dis tance
 "Gentemen of the jury, put it to you" said the iuwyer-''is a girl who is in love with a man who has been ! Killed in a frucas a Ht witness against ! bis adversary
 There being DO more witnesses, the prosecuting attorney made a long speech picturiur the enormlty of the crime so vividly that when be closed every man of the Jury arose md 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 ln a verdict Al this they sat down and counsel for the de fense arose. He took the ground that there had been m ordinary shooting match between the two men which nobody bad seen. Then be proceeded to picture the Innocent young love for | the prisoner on the part Of Ellen Sur ] dy-she was not present Co deny the ! impeachment-aud the agony Of the poor girl at seeing the uan she idol ! ized dangling a lifeless corpse. So et- feclIve was this part of bis haigngue ] that several jurymen were moved io tears. With bis arguments and his ! pictures fresh In their minds the jury l retired for consultation. After fen hours sccluslou they sent word to the judge thut they were ready to give a verdict Being recall ! ed. the foreman asked;
 'JuCge. air we to dnd verde ae- cordin Co the facts CT accordln' to the evideuceT'
 The judge scratched bis head and ! knit his brows. Then be asked the 1 lawyers for an answer, and they both declared that the verdict must rest on the evidence.
 Then. snid the foreman, we dnd ] that the prisoner was jist havin' n ht- ! tie innocent scrap fer fun and accl- denaIly got a bullet in his vitals.'
 Up jumps counsel for the defense.
 .'Your honor. the verdict being not guilty. move the discharge of my client"
 ,Fener citizens. said the judge, la- boring. 'tobogganin from one coudi- ton to another is dangerous in any community. Ef n man swinEin' from 1 branch to branch lets go one hand be l fore he's got a holt with the other he's liable to drop. We don't want tO 1 let go of lynch law with both hands to take holt on court law. Fust or, we better mix 'em. The prisoner hay i In been tried by court law and found ] innocent, we will now proceed Co 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 l prisoner on the ground thBt he had been engaged fn an innocent scrap and accidentally killed mon were ap- ] pointed Co hear evidence concerning i the charge of murder before Judge 1 Lynch. Then the witnesses were re- called. the services Of the lawyers were dispensed with. and the judge asked the questions
 "Bm Evans, you seen the shootin'T
 "Yes
 "Tell what you seen"
 "l seen Light Fingered Jim walkiu along the street. Tom Flynn come out of the saloon. follered him and shot him in the back" ! tf-rA,t'lI 1, Aba wilkins fnko the