The Owosso times. (Owosso, Mich.) 1897-1926, 1913-06-27

torney-whom he had assigned to de-
fend him-who said that he had little
or no evidence for the prisoner and did
not think what he had would require
ten minutes to bring it out. Upon this
the judge told the obliging Juryman
that he was very sure he would have
plenty OF time to make his train.
I'm glad Of that. your honor" said
the gentleman. There's nothing /
dread SO much as waiting for any
thing, especially for a train"
The judges opinion as to the period
Of the trial proved quite correct For
awhile II seemed that 1t would be put
through at railroad speed. The charge
was read to the prisoner, and he was
asked to plead. He said he was Brit
ish subject and asked II that would
make any difference. When told that
It would not he pleaded not guilty.
l gave my account Of how had trap
ped him. and his victim testified
against him. The accused declared
that he was q British subject from
Australia and II his home were not SO
far away he could easily prove his re-
spectability. The twelfth juryman i'm
paneled asked him a few questions
about Australia. which he answered
evidently to the juryman's satisfac-
ton. But this didn't cut any figure
because ii didn't matter where he came
from. We had the deadwood on him.
We expected the jury to convict him
without leaving their seats, but they
didn't Then we thought they might
be half an hour, but the half hour
passed. and they didn't come back.
The judge went home to dinner, leav-
ing instructions to be called when
verdict was reached. He wasn't called.
The jury remained out the rest OF
the day and all night. In the morning
they sent word that they would like to
be discharged since they couldn't
agree. This made the judge angry,
and he sent back " ord that the evi-
dence was absolutely convincing and
they must agree. Indeed, they were
given to understand that they must
bring In a verdict or they would be
kept where they were till the crack Of
doom. They stood out till about 10
o'clock the second night. then sent
word that they had come to an agree
ment The judge was summoned, and
they filed into court The judge asked
the customary questions.
"Have you arrived at verdict?"
I'VE have. your honor"
do you find the prisoner guilty or
not guilty Of the charger
mot guilty."
"Whatw
mot guilty, your honor"
There was nothing to do in ac-
cordance with the law except to dis
charge them. Convinced that there
had been some rascality practiced, |
stationed myself at the door and scru-
tinized every man as he went out !
noticed that the twelfth juryman, who
had volunteered. led the rest out Of
the courtroom, and I heard him de-
scending the stairs three steps at q
time.
was convinced that he had imposed
on us all with a view to getting on the
jury, then standing ont for I'm acquittal.
i learned that he had told his fellow
jurymen that he had lived in Australia
and had known the prisoner there and
could vouch for his being respected
citizen OF Melbourne. He was sure
that he had been mistaken for some
one else and would not on any account
vote for conviction. Not until the
others became convinced that the man
was not to be moved did they conclude
to bring in verdict OF not guilty rath-
er than disagree and subject the state
to the expense of another trial.
There was no way Of holding the
man who had been tried. He had been
acquitted Of the charge Of which he
was accused and could not be tried
again for that crime. So we made a
virtue Of necessity and let him go.
Six months after this two men were
arrested for confidence work. l went
to the trial for information and look
at the prisoners. since 1t was my Gus
tom to keep track Of the rogues
brought in. The moment looked at
the prisoners ] recognized both Of
them. One was the man who had
swindled the farmer and whom ] had
supposed to be Jerry Wilson. The 9th
er-would you believe it?-was the
twelfth juryman who had forced his
acquittal.
But this was not all Of my surprise.
At the trial of the two men 1t came
out that this twelfth juryman, who
was willing to help us out If 1t didn't
take too long. was none other than
Jerry Wilson. He and the other man.
Tom Murphy (and other names), had
long worked confidence games togeth.
er, and when his pal was In trouble
Wilson had made himself up for gen.
tleman, had gone into the courtroom to
watch the impaneling Of the jury and
in the nick Of time had offered himself
to help us out.
l confess that in all my experience
I never knew a clearer case Of one
rogue standing by another. Wilson
ran an awful risk. Had I known when
he left the courtroom that he had sim
gle handed hung" the jury should
have kept him in sight. trumped up
charge against him and held him till
could find out who he was. That he