Oxford Democrat., 1914-10-06
.~
CHAPTER lit.
.Murdsr in the second degree"

| pale country boy racing nurrleu ant
impatient Judge and sleepy jury.
In those three hours Keamey, thu
man from headquarters. had his Wit
nesses present the case for the state
The three men from Hell's KitcheI
told of seeing the prisoner lurking II
that neighborhood. He was In the
company Of two yeggmen. The police
man who arrested him told Of his at
tempted escape after the vault OF thu
bank was blown with nitroglycerin.
Garrett then learned why the expert
was brought into the case. The ex
pert qualified as such in a brief direct
examination. He identified heavy
iron wrench handed him by the pros
ecutor as one Of the tools found In the
kit taken from the prisoner.
"You made careful examination ol
this implement. did you not? asked
the assistant district attorney.
81 did,"
Tell the jury what you found there "
81 found a spot about two inches long
by a half inch wide and by laboratory
tests found 1t to be spot Of human
blood"
What else did you find?"
81 busted the wrench with white
powder and found the prints OF a
thumb and two fingers"
The prosecuting attorney placed the
wrench In evidence US Exhibit A and
then offered as Exhibit B an enlarged
photograph of the prints found upon 1t
Il offer you for identification this
document, which is the Bertillon rec.
ord Of the accused taken at police
headquarters following his arrest
said the prosecutor.
The expert examined It
What do you find in this record
that bears upon the case before us?
The thumb print and the prints OF
the index and middle fingers OF the
right hand in this record are the same
prints shown upon the wrench with
the spot Of blood"
That is ALL" said the prosecutor.
with smile and an air Of triumph.
He was young and eager for record
of convictions. He looked significantly
toward the jurors as If to say. 1T Is
now up to you, gentlemen, to send the
prisoner to the chair.
This trump card Of the police brought
to James Montgomery realization OF
the utter hOpelessness Of his plight. and
his face became chalky white. Death
In the electric chair was before him.
He was but n boy. and his patient, old
mother was sitting beside him, her
Land clasping his.
Fortunately she could not cOmpre-
bend what WAS going on. She 'had
never heard Of the Bertillon system.
Montgomery choked back the sobs or
despair that kept rising in his throat
snd returned the pressure OF his moth
er's hand
The witnesses for the defense were
nut ON In ulick order. They told III
tomelv language what they knew or
the accused. He had been faithful
son and the support Of his mother. He
was working as an apprentice machin-
LIST in factory in Nyack when hard
times caused the factory to close.
Work was scarce and he had left
home to seek employment in the city.
The mother took the stand. She
turned in the chair and looked to the
Judge appealingly. as u wounded bird
would look up to the bough from which
It had fallen. =.
"Just tell the jury about your boy
said Garrett, standing and twirling a
heavy gold watch charm.
"My son was born In the cottage N
which l now live near Nyack"- she
began.
"You must speak louder" the judge
Instructed.
She finally raised her voice and told
her story. The mother love sang IN
every word she uttered; 1t glisteneo
with the soft light Of holy candles In
her faded eyes. and It fairly trembled
forth from her fragile body as she told
of the life Of her only child and OF
their mutual struggle.
at is not in the nature Of my son 70
barm any ONE she started to say, as
her story drew to close. The young
prosecutor popped from his chair as II
powerful spring had been released
beneath him. 49,
~ obiectr he cried wrathfully. u
ask the court to have that remark
stricken out rs irrelevant, incompetent
and immaterial. 1t Is not evidence.
gentlemen of the jury said the
court, after rapping with his gavel
you are instructed to pay no attention
| to the remarks Just made by the wit.
ness. They are not in the nature OF
evidence. and they are ordered stricken
from the records"
Being only the mother OF the prs.
pner. her frail body having brought
him into the world. Mrs. Montgomery
,pinlon of him had no value in court
rhere was no place in the trial for an
account OF maternal trust and love
Jarrett took her from the stand. the
prosecuting attorney declining. with an
pir of scorn, to cross examine her.
The prisoner was then sworn. he
had spent nearly month In the Tombs
waiting trial. and the prison pallor. the
rhastly yellow tinge that would make
saint look like a convict. was upon
him. The spectacle Of his little mother
m the stand had shaken his nerve. and
IA hand trembled rs he took the Bible
and made his oath. His story was sim
ole enough despite the havoc wrougn,
with It BY the district attorney.
When the factory closed he left Ny
ack and came to New York. bringing
his kit Of tools with him. He had nev
er heard Of the Hells Kitchen sectior
and was asking work along Tenth ant
Eleventh avenues because factories
were located there. he met a ma
who seemed to take an interest In hin
This man introduced him to anotne
and they bought him his supper at
restaurant near the river. They to-
him that they could get him work, b
! n would have to work at night Tne