Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-10-20

other sounds such as would be uttered
by one struggling with an enemy.
Lastly, we shall prove that the pris-
oner is the identical man who stopped
with Mathews that night and who dis
appeared as mysteriously as he had
come"
Having thus announced what he in
tended to establish. he produced the
witnesses he had promised Three diff
ferent persons who on that day proceed
ing the murder had seen the stranger
come into town and so TO Mathews
house swore that the prisoner was the
same person. They claimed that. not
withstanding slight change in him.
they would still know him If they had
met him anywhere. because as soon as
they were informed that he had com.
mitted murder his image was i'm
pressed upon and since carried in their
minds.
The prisoners attorney seemed over
whelmed by this conclusive evidences
and showed by his manner that he be-
lieved the prisoner guilty, When he
had finished his effort the prisoner
asked to be put on the stand in his
own defense.
I've spent the last four years. your
honor" he said. "ln New Mexico. hav-
ing been a good deal of a wanderer
since | came to this country; conse
| Quently l can't prove my identity. Be
! sides, 1t wouldn't do any good to prove
IL. because the murderer had no iden
tity. All can say in my defense-and
that | can't prove-is that in the spring
| of 1865, when this murder was COM
mitted. l was fighting for the United
States in Virginia with Sheridan. who
was cutting Off the retreat of the Con-
federates. Quite likely was engaged
| at Winchester at the very time the
murder was committed. But can
only assert this. | have no way OF
proving IT."
The jury and spectators were SYM
/ pathizers with the Union cause and
were affected by this defense. The
! prosecuting attorney In order to head
off such sympathy arose and said:
IF the prisoner was really soldier
of the United States either he can pro-
duce his discharge papers or he was a
| deserter."
The prisoners discharge papers were
far away. Indeed. he had not seen
them for years and didn't know where
they we're He sat mute. not seeing
any way to prove his innocence. The
Judge began his charge to the Jury.
virtually instructing them TO find YER
dict of guilty.
int hot hn N
with the pick and shovel arose and
said:
Hello. Charlier'
The prisoner looked at the speaker
but gave no sign of recognition.
did you strike that wagon train?
continued the man among the specta'
tors
who are you?" asked the prisoner.
"Bill Somers."
Your honor" cried the prosecuting
attorney, springing TO his feet. there
is a game here to defeat Justice. Thi:
fellow will doubtless identify the pris
oner as an eminently respectable per
, SON."
J Nevertheless" retorted the prison
er's counsel. Il demand that If the mar
who calls himself SOmers can throw
: any light on this case he be heard"
Let the witness take the stand
said the judge.
Somers told the story of his and
, Young's coming west and how they
/ had been separated on the plains; alst
: that they had never met since tina
parting. that they had been soldiers II
! the same company Mt the close of tn,
, civil war and had fought shoulder Il
shoulder Mt the battle OF Winchester.
This Is simply a made up story
your honor" the prosecuting attorne!
protested Neither of these men I,
r known or has any proof OF his iden
!, tity. They are probably two hors'
! thieves who have escaped the vigilance
committees"
"If that man." said the witness
/ pointing to the prisoner. rs Charlie
) Young. ex.sergeant OF Company -, I'll
Pennsylvania volunteers. he has tn
scar of mimic ball that hit him in hi
t side at the battle of Winchester"
/ How do you know that?" asked tn
5 judge.
r Because I carried him OF the fel'
] when he was struck"
, Pull up your shirt" said the judg
to the prisoner.
The shirt was drawn up and the sea
revealed
: The Judge began again his charge +
/, the jury. stating that an abb had bee
E proved and they were to acquit tn
! prisoner This they did before leavin
I their seats.
D what became Of you. Charlie" ask
e ed Somers as they left the courtroom
''the day you left me on the plains?"
: 81 hunted two days for you. the
r concluded that some one had carrie
e you away"
l. You haven't had much luck, hay
z you?" remarked Somers.
n "Not a Bit
e "WeIl. all's well that ends well. Nv
q struck rich vein
). And. putting his arm through tina
g Of his old friend. he led him away.
Oct. 20 in American