The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-12-18
ACCOMPLICE"
BY FREDERICK TREVOR HILL

my seat flaming with Indignation.
There are shutters to that window"
l asserted angrily. Il know what l
am talking about!!'
"Now. now, Mr.. Lambert" interpos-
ed the judge. "you mustn't be witness
and examiner too. Please take your
seat. sir. / will settle this question.
Haven't o a photograph Of the prem
Uses, MI. Gilbert:'
Eyes, SIR" responded the prosecutor,
pulling u a huge envelope. Here it
is. I offer it in evidence
with or without the shutters?" de-
manded BarstOw.
Gilbert drew the exhibit from it's ell
velope and hastily examined it.
"The window has shuttcrS,' he ad-
mitted smilinsly. Instantly the audi
ence burst into applause, and eve
until that moment did l realize the ex-
hilaration of popular acclaim.
l glanced gratefully over the room
as the judge and the attendants ham,
mered it to order. and my eyes sud
denly rested on Barbara Frayne, her
face radiant with approval, and l flush
cd with pride and happiness. 1t was
only for one glad instant that u eyes
met. but when l turned away l knew
that Barstow had OWNED the secret of
my futile resignation from the jury.
At another time Barstow's discovery
! would have caused ME considerable
anxiety and alarm. but ut the moment
of my little triumph it seemed OF no
importance. Indeed, the final outcome
| of my intervention robbed it of all sat
! isfaction. for Gilbert speedily demon
strated that no one but an acrobat
! could have swung himself down from
the veranda roof by means of the kitch-
en- window shutters, and the question
l had raised was thus met and an
swercd. But despite this | felt that
Barstow and l had between US, cast Il
doubt on one of the theories of the
! prosecution and interposed the first eff
| fective check to the responsiveness Of
its campaign. Certainly the moral eff
feet was a virtual victory for the de-
Tense, and it was noticeable that Gill
bert proceeded with greater caution
during the remainder of the day.
Having once given battle. however,
he pressed his attack with bewildering
rapidity. Without yielding ground he
continually shifted his position, trying
now a flank and a frontal move
ment, and then suddenly circling and
assaulting the rear But skillful as his
maneuvers were, BarstOw's defense
commanded equal admiration. Without
the slightest indication Of furry or sur
prise, he met the prosecutors rapid
and varied attack with counter dem
onStratiOnS and an ~impenetrable guard.
Try as he might to find the weak point
in his a~dversary's line, Gilbert could
not force his way to a vital spot, and
the morning session drew to a close
with BarstOw in possession of the
ground he had occupied at the moment
of actual collision.
The fact of a murder had been con
coded, and the defendants opportunity
to commit it was not seriously disput-
ed, but every attempt to prove that
she had any greater opportunity than
other inmates of the household was
strenuously opposed.
Gilbert, however, was apparently
satisfied that the location of Miss En-
ory's o and the difficulty of escap-
ing from the veranda rOOf except
through that apartment supplied sutti-
Gent proof of special opportunity, for
he did no follow up this line of attack,
strating the motive which induced the
commission of the crime.
His first move met no opposition. and
he speedily showed that Miss Emery
had been Mr.. Shaw's private secretary
for two years before his death. Most
of her work it appeared had beer done
at the farm, but occasionally she had
en- exclusive charge of all his CORE
spondence. Indeed. it was proved that
the decedcnt wrote very few letters
except those he dictated to Miss En-
DRY, and his private letter press books
showed that his secretary had her
hands full in attending to his mail.
But when the prosecutor attempted
to put the copied letters in evidence.
claiming that they contained ample
proof of Miss Emory's knowledge of
her employers criminal career. Bar.
stow fought tooth and nail against
their Introduction.
If such letters existed and copies of
them were found in the letter press
books was it fair. he demanded, to as
sumo that Miss Emory had typcwrit.
ten them or was otherwise familiar
with their contents? When the prose.
cution produced Il witness who could
swear that he heard Shaw dictate any
particular letter to the defendant thcn
she could be charged with Il knowledge
of its contents. but not till then. If il
could be proved that she had read amy
designated letter it might be received
in evidence against her. But the mer,
fact that Il letter press book had beer
found among the decedent'S papers
l was no proof Of the defendants guilty