The Barre daily times. (Barre, Vt.) 1897-1959, 1914-08-11
Tried For One Of
Tense and Convict
ed of Another
By r. A. Mitchell

passing from a conditlon answering
this description to one OF civilization
there were many failures in the substi
tuition of law for the more drastic
measures of Judge Lynch. There Is 9
town In New Mexico called Worthing
ton. the courthouse of which is now
IN imposing edi6ce. Many of the citi
Eens of Worthington remember wher
there was no courthouse and no couri
TO put In one. They can also tell you
the story of the first attempt TO dis
pepse with Judge Lynch and establish
law and order.
Shooting had been pretty vel
sauelched under the judge, whose de
crees were swift and sure, and some OF
the most prominent citizens thought
the time had arrived when regular
court might be established, not for the
shooters and horse thieves especially
but for the settlement Of disputed
points connected with property. So a
committee worked out the problem, or
ganized court elected judge and
sent east for a couple of recent grad
yates from law school-the one to be
made prosecuting attorney, the other
to represent those having cases.
All the desperadoes in that region on
hearing that Worthington was TO dis
pose of its cases by court OF law
docked into the town. Shootings be
came frequent, and the town, having
dispensed with Judge Lynch and or
ganized a court, found itself paralyzed
between the two. However, after much
delay the first trial came of, and Jim
Bunker, having shot down and killed
Andy Winfield in cold blood, was
brought before the regularly consti-
tuted judge.
The first witness was young girl
who had seen the shooting. Counsel
for the defense objected to her testi-
mony on the ground that she was I'M
der age. The point being referred to
the Judge, he adjourned the court till
the next day in order to look the mat
ter up.
That night there was another shoot
ing.
The next morning court opened, and
the Judge admitted the girls tesu'
mony. But counsel for defense badg-
cred her to admit that at the hour OF
the shooting she was In bed buried I'M
der the cover and could not see any
thing. A man who had been nearly
killed by one of the bullets fired by
the prisoner at the man who was muir
dered was proved TO be cross eyed, and
II was impossible for him to tell which
man shot the other A woman who
was carrying a bucket of water from
the well, hearing the firing, had looked
In the direction from which 1t came
and in a few minutes more saw the
prisoner walking away from his vic
tim, who lay on the ground weltering
In his blood. Counsel for defense
proved that the ear is not capable OF
determining the direction Of sound and
that the woman had been drinking at
the time of the shooting.
The jury was much perplexed by all
this testimony, which was proved to
be worthless before court of law.
They knew the witnesses were telling
the truth. while the attorney for the
defense proved that they were lying.
The prisoner, who had no fear OF con-
viction by a regular court, guffawed
every time his counsel broke down the
testimony of the witness for the pros
ecution.
Jim Bunker" said the Judge severe
ly, "ef you do that ag'in I'll adjourn
this court and try you before a COM
mittee."
The threat was quite enough TO cause
the prisoner TO restrain himself, ana
his merriment was not again heard in
the courtroom.
The prosecutor summed up the case,
after the testimony was all in, but all
of his witnesses having proved useless
he was obliged TO direct the attention
of the Jury TO the prisoners personal
appearance as indicating that he would
sooner commit murder than eat. This
argument had no effect on the jury,
some of whom were not as good look
ing as Bunker. The prosecutor was
followed by counsel for defense, who
made a thrilling speech picturing the
feelings of Bunker's mother on seeing
the one she had nursed as a babe
swing OF.
The Judge was reminded by counsel
for the defense that he must instruct
the Jury TO find in accordance with the
evidence, and when the judge asked
the only other lawyer present, the
prosecutor, IL this was correct, he felt
Obliged to admit that II was. So the
Judge gave his instructions in accord
ance with the evidence, and the jury re
tired to a back room for consultation.
Ii was not long before they returned
with verdict. which was announced
by the foreman as follows:
"In accordance with your honor's In
structions we find that Jim Bunker
hain't been proved to have done the
KILN nohow. We therefore find him
not guilty of the KILN, but cause he
larfed at the proceedin's we find him
guilty OF contempt Of court"
Tsha frd1a lonhad r,nupfuead ar this