Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1914-07-01
CHAPTER III.
"Murder in tho second deoree."

impatient judge and 4 sleepy jury.
In those three hours Kearney, the
man from headquarters, had his wit
nesscs present the case for the state.
The three men from Hell's Kitchen
told of seeing the prisoner lurking In
that neighborhood. He was in the
company Of two yeggnen. The police
man who arrested him told Of his ut
empted escape after the vault of the
bank was blown with nitroglycerin.
Garrett then learned why the expert
was brought into the case. The ex-
pert qualified as such in Il brief direct
examination He identified a heavy
iron wrench handed him by the pros
ecutor as one Of the tools found in the
kit taken from the prisoner.
''You made a careful examination Of
this Implement. did you not?" asked
the assistant district attorney.
II did"
'Tell the jury what you found there"
IL found spot about two inches long
by half inch wide and by laboratory
tests found it to be spot Of human
blood"
What else did you find"
Il busted the wrench with white
powder and found the prints Of a
thumb and two fingers"
The prosecuting attorney placed the
wrench in evidence as Exhibit A and
then offered as Exhibit B an enlarged
photograph Of the prints found upon 1t.
II 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 a realization Of
the utter hopelessness of his plight, and
bis face became chalky white. Death
ill the electric chair was before him.
He was but boy, and his patient, old
mother was sitting beside him, her
hand 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 of
despair that kept rising in his throat
and returned the pressure of his moth
er's hand.
The witnesses for the defense were
put on in quick order. They told in
hOmely language what they knew of
the accused. He had been q faithful
son and the support Of his mother. He
was working as an apprentice machin-
lst 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 IL wounded bird
would look up to the bough from which
ii had fallen.
lust tell the jury about your boy
said Garrett. standing and twirling a
heavy gold watch charm.
MY sou was born in the cottage in
which 1 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: it glistened
with the soft light of holy candles In
her faded eyes. and it fairly tremblcd
forth from her fragile body as she told
" the life Of her only child and OF
their mutual struggle.
ut is not in the nature OF my son tc
harm any one" she started to say, as
her story drew to a close. The young
prosecutor popped from his chair as II
q powerful spring had been released
beneath him.
II object-' he cried wrathfully. 81
ask the court to have that remark
stricken out as irrelevant, incompetent
and immaterial. Mt is not evidence"
"Gentlemen of the jury" said thu
court, after rapping with his gavel
<N of
20 the remarks just made by the wit
less. They are not in the nature o
Evidence. and they are ordered stricken
from the records"
Being only the mother Of the pris
oner, her frail body having brough
him into the world. Mrs. Montgomery
opinion of him had no value in court
There was no place in the trial for al
account Of maternal trust and love
Garrett took her from the stand, tn
prosecuting attorney declining. with al
air of scorn, to cross examine her.
The prisoner was then sworn. H
had spent nearly a month in the Tomb
waiting trial. and the prison pallor. tn
ghastly yellow tinge that would max
3 saint look like a convict. was uI1o1
/,iim. The spectacle Of his little mnthe
- on the stand had shaken his nerve. an
his hand tremlied as he took the Rfbl
and made his oath. His story was sim
pip enough despite the havoc WrOngh
with 1t by the district attorney.
Nhen the factory. closed he left Ny
"
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