The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-09-13

On Thursday morning Jacob Sol
meyer reported to Randolph Mason,
and told of the transaction in detail.
He was puzzled to the finger tips and
curious to know Mason's object. But
he was q man Of discretion, aware Of
the value of silence and the folly of
any query put to Randolph Mason.
His theory was that Mason wished to
make case against the district attor-
ney looking to his removal, and in test
Of this theory he ventured to present
his report carefully in writing attach
ing to it sworn stenographic report
of the district attorneys speech to the
bankers" including his offer of pro-
lection against the Interstate Com
merce Act.
Randolph Mason tossed the papers
into the CRATE when Solmeyer had fin
ished, concluded the conference, and
dismissed him.
behind his thick glasses. "Mein Colt!
Mr.. Parks" he said, wat does Ran
dolph Mason mean? He pay six thou
sand dollars to get der district attor-
ney on record, den he burns der REQ
ord"
"Solmeyer," replied, 'I do not
know who was the man in the iron
mask. I do not know what melody it
was the sirens sang, neither do I
know what Randolph Mason means"
The old man shrugged his shoulders,
spread out his hands as though before
an impenetrable enigma, and went
down the steps to his hanson.
And yet was not in the least puz-
zled. thought saw clearly into the
solution of it all. Mason's ruse had
failed-that was the reading of the rid
die. He had planned to lure the dis
trict attorney out of st. Louis and
thereby cripple the prosecution; but
the 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.
At the next term, Patton would be
tried and convicted. A weakling out
of Israel had overthrown Goliath of
Gath in his brazen helmet.
1 had just pieced out and rounded
up my theory as the correct solution
of this otherwise inexplicable side
play, when Randolph Mason came out
of his room, walked past me in the
hall and started up the stairway. He
stopped on the third step and looked
down at me.
Parks" ne said, Ego out to st.
Louis at the next term Of the court,
and move it to discharge jeremiah
Patton. On your table is 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 floods in the
Ohio valley. The case Of jeremiah
Patton had been called for retrial
when l finally reached the United
States courtroom. The building was
packed with spectators. The district
attorney was inside the rail with
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 jury.
l spoke to the elder Of the defendants
counsel, giving him Randolph Mason's
directions and the reference He inn
mediately sent page into the library
for a volume, ran his eyes over the
syllabus of the case, and at once
arose. ... ... .
eff 1t please your honor" he said,
oner." . -......-
The Judge looked up from his calen-
dar els this a dilatory motion, Mr..
Scott?" he said. IF so, it may be
overruled."
This is a motion in the nature Of
q plea in bar" replied the lawyer.
The Judge was not interested. He
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
.rict Attorney he said. do you wish
10 argue this notion"
NO." said Stetheimer, 'let us get
On with the trial"
Then" said the judge, Il presume
chat 1t may be overruled."
The counsel for jeremiah Patton
was posing little for dramatic eff
.ect He held up his hand. Just
moment, your honor" he said; this
question has already been decided in
Missouri" He walked over and laid
the open volume on the bench.
The judge glanced at the statement
Of the case, then he turned to the
opinion. Apathy faded from his face;
the muscles of his jaw grew compact;
he settled down in his chair to read
the case carefully to the end. Finally
he rose and looked moment over
the courtroom; then he said,
II 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-
ment He has not been tried. The
case has been merely continued.
There must be an acquittal by Jury.
A judge cannot turn criminal loose
on society by royal edict"
The lines along the judges mouth
curled. Have you read this decis-