The Falls City tribune., 1911-01-27
Trial by Jury
BY MARTHA Y. MONROE
Copyright. 1911. by American Press
Association.

Oh Nose Harkins. De persecutin' at
to'ney mus do eberything he kin to
conflict yo.' an yo' lawyer what de
| cot glib yo' has got to do eberything
he kin to get yo' off. Mr.. Persecutin'
Attorney, open de case"
The prosecuting attorney rose and
said:
Jim TurElee, wha' TO- yo' kill Nose
|IIarkinsg"
Il didn't Kill Nose Harkins," replied
the accused, much excited.
Yes. yo' did; yo' know yo' did"
Turning to the court: I'VE shall prove,
yo' honah, dat de prisoner done de
deed wild malice afterthought. on de
impulse oh de moment. In de early
mawnin' he heered n rooster CROWN,
an he dreamed oh fried chicken TO
breakfast. Wild blood in he eye, he
got UP an went to de fam oh Nose
Harkins, opened de henhouse do,
went in an grab Il chicken by de leg.
De squawkin' reused Nose Ilarklns. He
got out oh bed, frowed up de winder
an looked out. DE dawn was break
IN, an Jim Turnlee, he bein' inside
de henhouse. didn't see Nose lookin'
out oh de winde'; but, hearin' de winde'
20 up, he staid in de henhouse TO
hide. Nose go way from de winde'
am git he shotgun an shoot into de
henhouse. Den jim he shot, too. an
Nose drop back daid. Dat am de cir
.,,,af,,,sg, l. -. 10 .aen HIM rIrnlnn
he done de murder, an if he counsel
prove TO de contrary de jury won't
beliebe i'm
The state attorney sat down, and
the counsel for the defense arose.
Jim Turnlee.' he said savagely.
The prisoner started.
"Wha' yo' lookin' wild out oh dem
eyes oh yourn fo'? Yo' hain't gwine to
fight Il regiment oh wildcats; yo' gwine
TO prove dat you didn't kill Nose IIar-
kins."
If this was intended TO restore the
prisoners equanimity 1t failed. jim
looked more than ever as if he must
defend himself by killing the judge,
Jury and spectators. His counsel pro.
eeeded:
Jim Turnlee, tell de cot wha' 20
were on de mawnin' dat Nose Har-
kins was killed"
81 was in ma bed
"What was yo' dom in bed?"
"Sleepin'."
Hold on dahl" i%ntcrposed the pros.
ecutor. IF yo' WIS asleep how do
yo' know wha' yo' were? Might n been
stealth chickens"
The prisoner4looked ready to break
and run.
"Yo' honah." said counsel for de
Tense. de gentlemen said in de open
in argyfyer dat ma client was dream
in oh fried chicken fo' breakfast.
How he know wha' ma client was
dreamin' bout. | like to know? An
de prosecutor said dat Jim was in de
henhouse. If Jim was in de %henhouse,
how did Nose know it was Jim what
shot himf'
II didn't say Nose said Jim shot
him. Nose was daid |ennyhow."
Glow yo' ewine 10 prove dat de mig
ger IN dc herhouse was Jimf'
How / gwine to prove datY'
yes. How yo' gWine to prove dat?"
go honah. hab I got to prove twas
Jim N de henhouse when Nose was
killed.
The judge looked puzzled and final
ly said:
"SIose was killed, wasn't hep
"Sartin. sure!'
IN a niger in de henhouse shot
himfa
yes, judge
"Den since Jim hearn de rooster
crow an dreamed oh fried chicken
fo' breakfast de 'pinion oh de cot is
dat jim got up an went to de hen
house fo' to git "A chicken. OATS wha'
cherry bigger would IA done. An il
Jim was in de henhouse when Nose
shot in dar berry likely Jim shot back.
Ennyhow, | would if I'd IA been dar.
yo' bet"
"Mnch 'bliged, yo' honah, 70 gibin'
me ma line of argufyin'. De groun'
on which ma client stands is self de
Tense"
How yo' make dat OUT" asked the
prosecutor.
"Ef a niger was shootin' at yo'
wouldn't 20 shoot backE'
"Yes-no."
81 leabe it to de gentlemen oh de jury
If dey was in a h%enhouse stealin' chick.
ems an de owner OBJ de chickens was
shootin' at EN- wouldn't dey shoot
back
The jury consulted, and finally the
foreman gave their reply.
"De jury thinks dat if dey was in de
henhouse an Nose Harlins was shoot
in at EN- dey wouldn't need to shoot
back, 'cose Nose couldn't hit a BAN
This decision was quite n backset for
the defense, but the prisoners COUNSEL
was equal to the occasion.
"Yo' honah," he said, "ef Nose could
MT hit a ban how cum de use oil Jim's
shootin' back?"
At this j%uncture the widow of the