Audubon County journal. (Exira, Iowa) 1884-1993, 1914-06-11
RED For One Of
Tense and Convict
ed Of Another
By F. A. mitchell

passing from cOnQltlOn 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 q
town in New Mexico called Worthing.
ton, the courthouse of which is now
an imposing edifice. Many of the citi-
zens of Worthington remember when
there was no courthouse and no court
to put in one. They can also tell you
the story of the first attempt to dis
pense with Judge Lynch and establish
law and order.
Shooting had been pretty well
squelched under the judge, whose de-
crees were swift and sure, and some Of
the most prominent citizens thought
the time had arrived when a 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 a court, elected judge and
| sent east for a couple of recent grad
| yates from a 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 a court of law
| flocked 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 off, and Jim
| Bunker, having shot down and killed
| Andy Winfield in cold blood, wars
tuted Judge
The first witness was a young girl
who had seen the shooting Counsel
| for the defense objected to her testi,
| mony on the ground that she was un-
der age. The point being referred to
the Judge, hesadjourned the court till
| the next day in order to look the mat
ter up.
1 That night there was another shoot
ing.
The next morning court opened, and
the judge admitted the girls testi-
mony. But counsel for defense badg-
cred her to admit that at the hour Of
the shooting she was in bed buried un-
der the cover and could not see any
thing 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
it was impossible for him to tell which
man shot the other A woman who
was carrying Il bucket of water from
the WELL hearing the firing had looked
: in the direction from which it came
and in Il 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 We're telling
the truth, while the attorney for the
defense proved that they were lying.
The prisoner who had no fear of con-
viction by 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 COM
mittee."
The threat was quite enough to cause
the prisoner to restrain himself, and
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 We're not as good look
ing as Bunker. The prosecutor was
followed by counsel for defense, who
made thrilling speech picturing the
; feelings of Bunker's mother on seeing
the one she had nursed as a babe
swing off.
The judge was reminded by counsel
for the defense that he must instruct
: the jury to find i'll accordance with the
!. evidence, and when the judge asked
!, the only other lawyer present the
prosecutor, if this was correct, he felt
obliged to admit that it was. So the
!. Judge gave his instructions in accord
ance with the evidence, and the jury re-
, tired to Il back room for consultation.
1t was not long before they returned
with a verdict. which was announced
by the foreman as follows:
"ln accordance with your honor's i'm
: 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"
: The judge looked nonplused at this
d decision and was about to apply to the