The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-10-23

the scene of the tragedy and see for
themselves the possibilities Of entrance
and escape and familiariZe themselves
with other essential details which are
! difficult to explain. l therefore move
for an immediate inspection of the
Shaw residence under such guidance
| and instruction as the court may deem
proper"
Ferris BarStow had risen when the
prosecutor turned to the bench. and
; the moment he caught the judges eye
his harsh voice doomed out in protest.
II object to any such inspection!' he
began. with his customary aggression.
The sole object of this proposed jun
keting trip is to give spectacular effect
to Il trial already sufficiently advertis-
ed. 1t can serve no good or useful pur-
pose. We neither ask nor expect quar-
| ter because this defendant is Il wom-
an. but | submit that no prisoner on
trial for life should be subjected to un-
necessary strain. Your honor knows
what these inspections involve. In
nine cases out of ten they are not in
spections of the premises. but inspec-
tons of the prisoner-tests to see
whether or not he will blanch at the
sight of the fatal spot. Such
vers belong to the days when prison
ers We're forced to touch the corpse
and We're judged guilty if its wounds
bled. l protest against such barbaric
tactics. and l trust this court will not
countenance them without grave and
cogent reasons"
Bar>tow glanced defiantly at the
prosecutor as he paused. but Gilbert
did not respond to the challenge. In
deed. he seemed unconscious of his op-
ponent as he stood quietly awaiting
the decision from the bench.
"Have YOU no plans or photographs
of the premises, Mr.. Gilbert?" inquired
the judge, after a pause.
1--WE have both, your honor. But
, much time and trouble will be saved
If the jurors can see the house itself.
Moreover, the accuracy of our plans
and photographs may be disputed"
Their accuracy will be admitted
without question:" interposed Barstow.
sight unseen."
The Judge glanced in%quiringly at the
prosecutor.
docs that satisfy you, Mr.. Gilbert?"
he asked.
1T is good as far as it goes. sir, but
; it does not eliminate the difficulty of
explanation" Gilbert responded. III
my opponent fears the effect of the
proposed visit upon his clients nerves
l suggest that he waive her right to
be present at the inspection and allow
us to look over the grounl without
her"
ANY suggestion from the prosecutor
that l waive my clients rights speaks
for itself and is it's W answer" re-
torted BarstOw.
Every note of the mans voice was
provocative of wrath, but Gilbert dis
played no resentment at his ugly show
of teeth.
Il will deny YOUR motion for the
present. Mr.. Gilbert" the judge decid-
ed after a pause "You may renew it
i, later ii YOU choose"
. The prosecutor bowed gravely and
was about to resume his address when
Rnrstow laid a hand upon his arm.
: zone moment. if you please" he in
terposed, ut the same time turning to
the court. Your honor, this is Fri
day. and 1t is now nearly g o'clock. In
. view of the long trial before us. l sug.
geSt that the jurors be discharged IN
. til Monday"
[ docs the prosecution agree!' in
J quired the court.
Gilbert glanced at his watch.
1 Il have no objection.' he responded
l provided the jurors be instructed tc
e return on Monday prepared to sta!
t here until the trial ends"
Y II will consent that the jurors be
given their entire liberty" interuoset
Rarstow as the Judge paused. IF tho
Il prosecutor will agree"
J. II would like to be equally accom-
modatiny.' Gilbert answered. with ;
t smile, 'hut | submit it is not practical
I for these gentlemen to come and 90 Il,
they please. This trial will he cndlcS.
if we have to wait each morning fol
G their appearance. They are from
widely scattered parts of the country
: Some of them are farmers. some arr
business men. md
L 'TIheyll all be lawyers before thi:
y trial is ended" interrupted RarStow.
but they'll be 700 old to practice he
fore that day arrives if we act on YOU
y suggestions" rctortcd Gilbert.
e THE jurors will return here,on Mon
! day morning prepared TO stay ut til,
Melton House during the trial of thi
Il case" Judge dudley interpoSeu dcci
! >ivrly. In the meantime. gentlemen.
Z hc continued. You may retire to You
u homes and make such preparations Il
IL may be appropriate. | warn YOU, how
/ ever. n to discuss the case or to li>tel
IL t" others discussing it. Keep ynlt:
: solves free from influence. prelude" %
x IMPRESSION and form no opinion f1vn,