Five Mile Beach weekly journal., 1915-09-17
Tried For One Of
Tense and Convict
ed of Another
BF.A. Mitchell

town In New Mexico called Worthing-
ton, the courthouse of which Is now
On imposing edifce. 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 aud 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 a judge and
sent east Cor a couple Of recent grad
yates from a law sehool-the one to be
made prosecuting attorney, the other
to represent those having cases.
All the d~esperadoes in that region on
hearing that W~orthington was to dis
pose of its cases by account of law
locked 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, vas
brought before the regularly consti-
tuted judge.
The first witness was n young girl
who had seer the shooting. Counsel
for the defense objected to her testi-
mony ON the ground that she was I'M
der age. The point being referred to
the Judge, he adjourned the court till
the next day In order to look the mat
ter up.
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 I'M
der the and could not see any
thing. A 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 a bucket of water from
the well, hearing the firing. had looked
In the direction from which 1t came
and In a 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 a court of law.
They knew the witnesses were telling
the truth, while the attorney for the
defense proved that they were lying.
The prisoner, who had no fear of con-
viction by a regular court, gutfawed
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 a ON
mittee."
The threat was quite enough to
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 were not as good look
ing as Bunker. The prosecutor was
followed by counsel for defense, who
made a 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
Tic July ~ AAo Al dSNOl0oDNC WIN INV
evidence, and when the judge asked
the only other lawyer present, the
prosecutor, Il 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 a back room for consultation.
1t was not long before they returned
with a verdict, which was announced
by the foreman as follows:
"In accordance with your honor's in
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
decision and was about to apply to the
two lawyers for their opinion when
CIV Nudge smoke uD: