The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-10-18

Suppose" said the district attor-
ney. slowly. II should cause you. to be
detained as witness in this matter!"
Sir" said Mason. sit would be an
act Of the purest idiocy. He would
decline to answer, on the ground that
such an answer would tend to incrimi-
nate him, and so be Immediately dis
charged. You must, my dear sir, be
content with the word of the marquis
as gentleman"
"Why not, rather" said the district
attorney. speaking even more slowly,
ARREST the Marquis Mazaccra for this
murder?"
Indeed why .aot?" replied Mason.
"You are quite convinced that he is
guilty Of it."
do you admit it, them" said the
lawyer.
Pardon me-" said Mason, 81 am his
counsel and shall always formally
deny It,"
Gentlemen" said the district at
torney, this interview is preposter-
GUS"
AT any rate" replied Mason, cit is
ended. Good morning"
Then he turned abruptly and walked
out of the room. The marquis bowed
to the district attorney and followed
Mason, while / came at their heels.
On the following morning the storm
Of public condemnation doubled
around the head of the district attor
ney Of New York. The story of the
mysterious visit Of the Marquis Ma
zaccra and his counsel to the Criminal
Court building was deliberately pub
lished.
The members or the party opposed
in politics to the district attorney de-
nounced him with savage comment. If
he was afraid to prosecute the Italian
Robini, 1t would find an attorney who
was not afraid. 1t then named a GER
tain lawyer In politics, one Theodore
Pagan, a person of large municipal in
fiuence and considerable prominence,
man Of no profound legal learning
and Of little legitimate practice, never.
theless person of ambitious and un.
failing assurance. This party demand
ed that Pagan should be sworn in as
an assistant district attorney and the
prosecution of the Marquis Mazaccra
put entirely into his hands.
Contrary to every expectation, the
district attorney of New York instant
ly assented to this proposition, with.
out a word Of explanation or com
ment. Pagan, fortified by his tremen.
dous assurance, began at once to car
ry his mob directions into effect. I'm
mediately after he was clothed with
the authority of an assistant district
attorney, he caused the Italian mar
Quis to be arrested.
Within week of the date of the ar
rest, the Marquis Mazaccra, alias Ri
cardo Robini, was indicted for the
murder of Tolman Perkins. His case
was advanced on the docket, jury
was impaneled, and the man placed
on trial for his life. The valet, re
leased and sitting in the court room
was the chief witness for the people
Randolph Mason appeared as counsel
for the prisoner, but his conduct OF
the defense was so acquiescent that
Fagan's friends facetiously named him
the co-counsel for the people.
Finally, having at great length es
tablished the death of Tolman Per
kins and its circumstances, Mr.. Pagan
arose. He stepped dramatically before
his table, threw back his shoulders
and caught up the third button of his
coat.
If your honor please" he said, "a
hove rec5on to believe that the pris
oner is relying for his defense upon
our inability to identify him as the
Marquis .Mazaccra. I have therefore
called number of Italian witnesses
Will your honor direct the interpreter
to be sworn?"
Then he whirled about triumphantly
into his chair like one who has glori
ously spiked the only cannon of his
enemy.
The reporters at the table paused a
moment with their pencils suspended
above their notebooks. This, then
was the solution of Mason's indiffer
ence. II the prisoner could not be
identified as the Marquis Mazaccra
he could not, Of course, be convicted
This was vital point-the savage
battle for the prisoners life would be
gin now. They waited, fingers tight
ening on pencils, for the report Of the
opening gun. Every glance in the
f4
son. 1t was an instant of peculiar dra
matte stress. Then it pulled out.
Your honor" said Mason, I'VE ad
nit the identity of the Marquis Ma
zaccra."
The Joy Of Mr.. Pagan could ont be
concealed; 1t sat glowing on his face
AZ be got once more to his feet The
only gap in his evidence had been
bridged for him. The road to the con,
viction Of his prisoner lay now unbro.
ken before him in the sun.
'If your honor please" he said, 81
have proved the incidents of the muir.
der, the death of the victim, and the
circumstances attendant on the dying
declaration of the deceased. / wish
now to introduce that declaration, to
connect the prisoner with this killing.
The identity of this prisoner with the
Marquis Mazaccra having been now
admitted, take it that the people
have made their case"
Then, posing on one foot, and rails
ing his voice until it carried to the
hai lifts at fho d00r he road fha ori OF
nal statement of Tolman Perkins:
cit was that Italian, the Marquis
Mazaccra who did IL When I get