The Calhoun chronicle. [volume] (Grantsville, W. Va.) 1883-1984, 1912-11-05

make case against the district attor-
ney looking to his removal, and I'm test
OF this theory no ventured to present
his report carefully in writing, attach
ing to IL a sworn stenographic report
OF the district attorneys speech 20 the
bankers" including his offer OF pro-
lection against tho Interstate Com
merce Act.
Randolph Mason tossed the papers
into the grato whom Solmeyer had an
ished. concluded the conference, and
dismissed Kim.
In the hall the old German blinked
behind his thick glasses. "Mein Gottl
Mr.. Parks" he said, vat does Ran
Goiph Mason mean? He pay six thou
sand dollars to get der district attor-
ney On record, den he burns der rec
ord"
"Solmeyer." L replied, II do not
know who was tho man in the iron
mask. do not know what melody It
was the sirens sang. neither do !
know what Randolph Mason means"
And yet was not-in the least puz-
zlcd. I thought 1 saw clearly into the
solution of IT all. Masons russo had
failed-that was the reading of the rid
die He had planned to lure the dis
trlct attorney out of st. Louis and
thereby cripple the prosecution; but
tho shrewdness of the man had fore
stalled him. Mason had warned Pat
ton to oppose a continuance; he evil
IDENTIFY counted upon his counsel to
resist with such vigor that the court
would go on with the trial; he had not
dreamed OF mere objection on the
record. The plan had gone to pieces.
had just pieced out and rounded
up my theory as tho correct solution
Of this otherwise inexplicable side
play, whom Randolph Mason came out
of his room, walked past me in the
hall and started up tho stairway. He
stopped on the third step and looked
down at me.
Parks" ne said, go out to st.
Louis at the next term Of the court,
AID move it to discharge Jeremiah
Patton. On your table is a citation to
the only case you will require" Then
he went on up the stairway his hand
sliding along the mahogany rail.
Thus my theory, like that OF Jacob
Solmeyer, was snuffed out.
My train to st. Louis was eight
hours late because of foods In the
Ohio valley. Tho case Of Jere@iah
Patton had been called for retrial
when 1 finally reached the United
States courtroom. The building was
packed with spectators The district
attorney was inside the rail with a
bright new rosebud pinned to the lapel
OF his coat. The prisoner looked tired
out and very old, wretched, pitiable
figure, seated by the table with his at
torneys; the clerk was calling a jury.
l spoke to the elder Of the defendants
counsel, giving him Randolph Mason's
directions and the reference lie i'm
mediately sent a page into the library
for a volume, ran his eyes over the
syllabus of the case, and at once
arose.
IF it please your honor" he said,
Il move the court TO dismiss the pris-
oner."
The Judge locked up from his calen-
dar: lis this q dilatory motion. Mr..
ocuttE ne SAID. If so, It may be
overruled"
This is a motion IN the nature OF
Plea in bar" replied the lawyer.
The judge was not interested. lie
was becoming familiar with the cease
less clutching Of criminal lawyers at
every straw. He turned to the repre-.
sentative of the government. Mr.. Dis
trict Attorney" he said, do you wish
to argue this motion?"
No" said Stetheimer, let us get
on with the trial"
Then" said the Judge, II presume
that It may be oyerruled"
The counsel for jeremiah Patton
was posing little for dramatic ef-
feet. lie held up his hand. Just a
moment, your honor" he said; this
question has already been decided In
Missouri" He walked over anu laid
the open volume on the bench.
The judge glanced at the statement
Of tho case. then he turned to the
opinion. Apathy faded from his face:
the muscles OF his jaw grew compact;
no settled down in his chair to read
the case carefully to the end. Finally
a
the courtroom; then he said,
Il sustain your motion. Mr.. Scott"
The great audience stirred with
profound, universal surprise. The dis
trict attorney was on his feet. Your
honor" he cried, this prisoner cannot
be discharged. He is under indict-
nent He has not been tried. The
case has been merely continued.
There must be an aequittal by q jury.
A Judge cannot turn criminal loose
on society by royal edict"
The lines along the judges mouth
eurled, Have you read this decis-
ion?" he said.
mol" shouted the district attor.
ney, now angry and alarmed: but 1t
cannot annul trial by jury; 1t cannot
unhinge the gates OF our penal insti-
tutions; 1t cannot transform a presid.
ing judge into Caesar. holding the is.
sues Of life and death in the turn OF
his thumb. What court would pro-
roCnce a decision holding that a con
tinuance of tho cause should have the
effect Of a trial by Jury. verdict Of
not guilty and discharge of the
prlsoner!"
sir" replied the Judge, you IN
quire what court would pronounce
such decree. and reply the United