Alma record. (Alma, Mich.) 1878-1928, 1915-01-21

many years. l then heard OF my boys.
arrest"
"Why didn't yuh go TO see his law
yerT" asked Kearney
IL went TO the Tombs prison." she
told him. land they said il was too
late for me to see my son. They did
not know the name OF his lawyer, but
one of the keepers felt sorry for me
and told me that you knew all about
the case. He got your address for me-"
Mrs. Kearney began clearing away
the dishes.
He's innocent. sir" the frail visitor
pleaded eagerly. HE has been my
support since he was boy OF fourteen.
and better son no woman ever had.
He knows nothing about crime. Mr.
Kearney. He's just country boy
His father was good man before
him. and l brought him up In the fear
Of God. You've got a good mother. sir.
and you ocean,
What can 1 do. ma'amy demanded
Kearney sharply, I'm the chief wit
ness for the prosecution. 1 gotta do
my duty, hard as 1t may be. The law
tells me what gotta do. and 1 must
do 1t. II you got witnesses bring 'em
to court In the morning"
II have several friends In Nyack
who will testify that my boy Is good
boy" she sobbed. They promised to
come to the courthouse tomorrow"
Kearney looked at his watch. pushed
back his chair and reached for his hat
and coat.
That's all 1 can tell you. lady" be
said as he departed abruptly.
Mrs. Montgomery called after him In
a thin. frightened voice. but IL he heard
he did not reply.
She started up from her chair and
sank back. sobbing bitterly.
Kearney's mother brought her a cup
Of tea and solaced her as best she
could, the tears flowing from her own
eyes.
Eugene Garrett. lawyer Of insignifi-
cant attainment at the bar, but with
certain degree Of political influence
in his assembly district, was the man
chosen by the court to defend Mont
gomery. The fee he would receive
from the public treasury was part
of his reward for his political industry
in and out of season.
Garrett welcomed the arrival of the
mother of his client and with the voice
nf n h.. frf nht
countrywoman that he would move
heaven and earth 10 free her son. He
inquired very gently as to her proba-
bility Of securing funds for taking the
case TO the higher courts on appeal,
should Il verdict against him be reach
ed by the jury.
Aside from the prospect of getting a
fee from her as well as from the court,
the lawyer took genuine professional
interest in the mother Of the defend
ant. He would use her TO work on the
sympathies of the jury She brought
TO the criminal courts building three
men and a woman, old friends from
the country about the town of Nyack.
All would be willing character witness
es for the accused.
They entered the courtroom with the
young assistant district attorney. his
witnesses and a flock Of men drawn as
veniremen. They were hardly seated
when the door of the chambers of the
presiding justice was opened by a
court attendant and heavy. drowsy
man in black silk gown strobe across
the room and made his way laborious-
ly and with much painting to the dais
before mural painting of Justice.
banked by another Of the three Fates
a jury was quickly secured from the
panel, and twelve men who had de
clared that they We're not opposed To
capital punishment, that they had not
read the newspapers. that they had no
opinions whatever and were perfectly
to give Montgomery fair
trial and order his life snuffed out.
took their seats in the jury box
The annals of New York's courts are
packed with cases where hysterical
editorials. articles of human interest
by special men and women writers
forcing sympathy for murdcrers and
have brought about ac-
quittals. But in the case of the peo-
pie or the police against James Mont
gomery there was no outcry for mer-
cy. There was not enough Of sordid-
ness in the crime to give the public
real thrill. He was not OF the real
murderer's type-the kind that Stays
for selfishness or hate. He was not a
minister OF the gospel nor was he the
dissolute son Of Pittsburgh million
aire.
The Waterman of the bank in the
west side had been cracked over the
head with an iron instrument. His
end was as prosaic rs had been his
birth and life
There was no crowd in the court
room as Garrett rose and announced
that the defense was ready for trial.
The policeman who had caught the
prisoner running away from the scene
Of the murder with kit Of tools sat