The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-11-16

knowledge-he had seen no eyil-hcard no cyispoken
evil" If he had stuck exactly to this story it might
have gone well with him but he made several bad
slips SO fatal they that he came to be dsbeeved
entirely, and at last II came to this: The prosecutor
turned States evidence, he'd do what he could for him;
so he indicted with the other two as third partner
an the conspiracy.
They were arraiened and examined separately-thc
Irishman first Gilligan mad bad showing. He con
essed that there had been plant get at the water
and liquors in the cabin, and that there had been much
talk among the OF revengng themselves on the
captain and mate. The only thing that he steadily adj
hered to was that he had one doing the killing
and that he would not have sulled his hands with the
blood OF fellow man..
The impression he made was bad distinctly bad. He
rpped into telling of seeing the cook chase Diego
into the deckhouse. lie saw hm throw knife over
board In his endeayor to shield himself completely,
he followed any lead. He stepped from the stand dis
credited entirely
Ormsby followed him His tale was weirder than the
lrshmans He had discarded the idea OF complete
innocence now. claiming that he had only listened to
the plot had urged against it, He confessed to having
stolen the liquor in the captains cabin that he had
brought it out and that all hands forward drunk
that when the rush had been made he had hung back
urging them to desst Who hit him. or how he came
to be found in the hold, he did not know. Tin his
first story, it Smith who had done this when he had
caught him eavesdroppng) He became confused; his
testimony was rddled through and through The fore
man of the jury had grinned at his fellows when The
talkatve black had left the stand.
1t Smiths turn. The unsuspected happened
They could shake his story in the slightest He
Al
couldn't trap him or trip him. The lawyer who was
defending all three of the accused men somewhat
Chagrined for il is almost automatic that no person. IN
nocent guilty, tell exactly the same story on
the witness stand Slips will be made i'll some of the
minor details the witness will become nervous or un-
certain under cross-examination but Smith
wavered not in recalling the conversation be-
tween himself and Glllgan while they were below lie
still insisted in his story OF his attempt to recapture the
ship and kill the negro. But not blow had he seen
struck not shot had he fired. He admitted that he
knew the captain had brace of revolvcrs in the cabin,
he knew where they hanging, Tor he had often
them when standing his trick at the wheel How
one with two empty cartridges be found in the
hold where the wounded negro lay, he could not tell
That of the points that had upset Dgby and
thrown off his guard tone weapon had been subsequently
found in the binnacle). Through every turn and
manruvre of the prosecution Smith stuck to his story
AS he left the stand, the jury was nonplussed
When il to the summing up the prosecutor
asked for but thing-a verdict of guilty Tor all
three He pointed out the condition of the vessel the
discomfort the plottings the fact that one had
fessed he had stolen liquor from the cabin and brought
to the focastle the finding OF the two revovcrs lie
made much of Cilligans forgetuness and manner on
the witness-stand any used to negroes could see
the cook was lying But when he came to Smith ne
hayed him Here was the master mind the one who
had contryed it ALL the one who had kept sober and
learned his rigamarole by heart who had conceived
the bold stroke of flying the signal of distress The
attorney admitted that he may have attempted 10 XII
the cook. 1t was wonder that he had not Killed the
lrishman, too and appeared the sole survivor
probably he had wanted him to help work the vessel
The prosecutor built up strong story from vivid
imagination OF the captain and the mate, OF their brave
fight against overwhelming odds. Maybe they had
done for Of the other mutineers who appeared
the ships papersForbes, the Engllshman; Antonio.
the Portuguese and Diego the Canary Islander Where
were they2 How these three men and Forson, mate,
and John Crabbe the master had met their death had
not been brought out The three defendants denied all
knowledge Of it; two claimed that they were down IN
the focase the third that he was unconscious in the
hold 1t was preposterous, impossible these accusations
and counter accusations Behold these innocentsI
shouted the prosecuting attorney these men VINO claim
your pity, who tell these contradicng tales He fairly
laughed in their faces and suddenly breaking off in his
summing up he sat down.
returned verdict Of guilty for all three. The COOK,
who had left in him some OF the Orientals fatalism,
said nothing, GilHgan became clumsy wreck; Smith
alone kept his courage he jumped to his feet and began
a wild harangue In his excitement he reiterated that
he wished that he had killed the lying niger The
court officers pulled him down and senced him he
Judge arragned them all for sentence then and there az
murdercrs and mutincers. 1t plain his mind had
long been made upthcy were all three TO suffer nc eN
tremc penalty Of the law. They to be hanged
by the neck until they dead before the END 9t
the mouth In charge Of guards they were led out t1e
black souchng surly along the lrishman supported On
both sides Smith head mp and defiant, curSng Judge
and jury and the lying ngger IN one expansive breath
1t was Southern state and it would not do TO hang
two white men and a black man on the same scatold
Orn,sbv was ia die on THURSDAY and there was to b,
double hanging on the day following And mere thc
tale takes another turn
With the same fatalsm that generally causes men
Of dark SKINS 70 meet such tate unthnchngy, ormsoy
ascended the scaffold, he had protesscd religion ne
had prayed long the night before, bun ms Ups were
sealed as to the story o the murders Before they
had put the moose around his neck he asked leave 20
say a few words Maybe it ont OF curiosity thar
his r4anest was granted Standing there and speaking
50 loudly that s could hear he spoke as follows
listen to me. :ny last words. What Jonas Sm:.
says is tru- He or Gdligan had nothing 70 do van
it. ! killed them al all but Tony, the Portuguesc.
The mate Killed him with i beaying pin-he helped me
steal the liquor I'd have killed the others too II they
had come on deck Forbes at me with broken
bottle got he capns pistols for TO do it with
frr1 tyo SHOT. INTO The captains body They be-
i,y ali :he time smith hit the head IN th,
hoi ! was old il turned States witness that I'd ger
Tree Them ty.. mon are innocent 1ou hear me. peo-
ple--iuroernt : done it. That's ail-l'ye got to tell
I'm seia to my God Good-byF
A fee- seconds later the trap sprung
The young attorney who had defended smith and
Gihean. sul still convinced Of their innocence was
present in the prison yard The reporters made
record of his speech Il appeared IN the papers That
night the young attorney the United states attorney
and the Judge Ii takes great deal Of trouble and
some expcndiieie of money to open case that has
been concluded Ia the way this one had But the
United States district attorney was haken-even the
ii,dpe was willing to listen The attorney for the de-