The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-10-16
CHAPTER l..
Choosing a Jury.

oAANs ->H
inclination for either public or
private preferment. The only official
role l ever filled was the f%oremanship
of the jury in the Emory murder case.
and l pray l may never again be forced
to serve in a similar capacity. One
such doubtful honor is. in my opinion,
quite sufficient for n lifetime, although
l am free to admit it constitutes my
best If not my sole claim to fame. If
l am remembered at all by the next
generation it will not be as the author
of a commentary upon the Persian
poets which other and better works
will supplant. Even my contributions
to the encyclopedias will not save me
from oblivion, for the scholarship OF
today will be obsolete tomorrow, and
I may soon be deposed by some more
modern authority better entitled to the
distinguishing letters after his name.
But l venture to predict that my ex-
periences as a jury foreman will never
be duplicated, and that the trial of the
Emory case will forever remain unique
among the annals Of criminal law. But
w the reflected glory Of a cause cele-
bre would not suffice to imlnOrtalize
ME, l fear, and it Is with no such vain
hope that l attempt to play historian.
l recognize the vast distinction between
the Office and the man. and l do not
yet contemplate committing autobiog-
raphy-the suicide Of literary men. But
since l had u%neQualed opportunities for
observing the human forces which met
and struggled over what l take to be
the most memorable trial of the age,
and since the inside history Of the case
is known to me alone. | have conclud-
ell that my experiences are necessary
to complete'the record.
So much by way of prelude, and more
than enough for pages which must
justify themselves.
The office Of foreman in the People
versus Emory certainly sought the
nan but, though it sought him dill
gently and vigorously. two entire
panels were exhausted before it came
to me as the reward of ignorance and
innocence. Had l known what was in
store for me l should certainly have
read the newspapers and disqualified
myself. as others did, by asserting an
unalterable opinion concerning the
guilt or innocQnce Of the accused. Tn
fortunately, however, l was the first
victim selected from the third panel.
had not been present when the other
candidates were examined, and l had
never heard of the Shaw murder be-
fore l entered the courtroom.
1 shall EVE forget the prosecutors
glance of incredulity as l made this
confession. He could not believe his
ears, l suppose, for he repeated his
question as though l had not already
answered it. l resented this ut the
time, but today it seems quite natural
and excusable. 1t certainly was aston
fishing that m one could remain igno-
ant of a tragedy which was being dis
cussed from M end of the state to
the other. But l had never been much
of a newspaper reader, and at the par
ticular period in question l was absorb
ed in literary work to the exclusion Of
everything else. doubtless the news
had been received In our distant and
sparsely settled part Of the country with
as much interest as elsewhere, but no
echo Of it had penetrated my study.
and yer when l was summoned to
the courthouse l did not know exactly
why my presence was required.
do you mean to tell us that you
have never ever heard of the death of
Gregory Shaw"
This time it was the counsel for the
defense who put the question. and the
note of i%nsinuation in his voice aroused
my Indignation.
II mean to tell you l have never
heard of Gregory Shaw's existence
much less of his DEATH" l retorted
sharply.
Your writing leaves You no time for
general reading, ell, Mr.. Lambert"
"If you call the police news of the
newspapers general reading you are
right, sir" I snapped.
Il call it fiction" he responded. with
"A glance Mt the prosecutor.
Its the first time l W heard
Brother Barstow cali anything" re
torted that gentleman. apparently ad
dressing the crowded Don HE gen
orally bluffs to the bitter end"
4 ripple Of laughter ran through the
audience, but it was the prosecutor
chucklc rather than his words which
set me laughing with the rest. l wa.
in no mood for mirth. My dignity hat
been rutiled. and . felt myself aggrieved
but the sound Of Gilbert's spontaneous
and infectious merriment instantly re
stored me to good humor, and l begal
to study the man with keen interest a.
he lOlled ut his ease inside the coun
sells rail.
He was a tall, heavily built fellow