The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1915-05-01

OAE Va Wi -
track of Miss Mapes and the Field girl
in Melton yesterday. discovered that
they wanted a carriage to get back TO
P~oIlicet.- the witness responded. and
this struck Barstow al a good oppor-
tunity to get them q Of the state. He
made me hire a hack. emove the han
dies from the doors and disguise my
self as a hackman- Then l was TO
meet the two women at a shop in town.
get them into the carriage and carry
them over the state line and keep them
away until the trial was over. Every
thing worked well until some fellow
tried to stop the horses. thinking they
were running away, and when l was
trying to dissuade him with the butt Of
my whip l was thrown from the box
seat and fell on my head. That's all
u
The witness voice died away in a
husky whisper, and be sank back wear
lily In his chair. Gilbert stopped and
spoke to his assistant and then gravely
addressed the court.
That is all. your HONOR he an
nounced.
The judge leaned over his desk, gaz-
ing earnestly at Barstow, and every
eye in the room centered on the law
yer, who sat quietly watching the limp
figure In the witness chair.
Does the defense wish to cross ex
amine:" he inquired gravely.
Barstow rose and faced the court
with perfect self possession.
1.-The defense does not wish to cross
examine" he retorted. But the un-
contradicted testimony of this witness
demands the instant discharge Of the
defendant, and / renew my request
that the jury be forthwith instructed
to acquit."
The mans tone and name were as
rough and aggressive as they had been
at the opening of the trial To all out
ward appearances the testimony had
no interest for him save that 1t was
favorable to his client.
Il think it my duty to join in the
defendants request, and / therefore
move that the jury be instructed to
acquit the defendant at the bar"
A burst Of applause followed Gil
bert's solemn announcement, and the
judges gavel was powerless to sup
press the tumult until Barstow rose
and held up his hand.
Il withdraw my suggestion and re
quest the court to deny the prosecu'
tor'sr' he exclaimed as soon as be
could be heard. This defendant Is en-.
titled to the only reparation the state
can make her under the circumstances
which is an un~instructed verdict Of moi
guilty at the hands of her peers. ]
therefore demand not as a matter OF
favor, but as a matter of right, that
her case be submitted to the jury with
no directions from the court, save to
do full justice"
/ do not like to think l was the only
person In the room who understood
the dignity of this appeal, but l know
/ felt like cheering 1t.
'The jury will retire to consider Its
verdict" announced the judge.
My associates rose, but before they
could leave the box l held them in
whispered consultation for a moment,
and we quietly resumed our seats.
Then Judge Dudley nodded to the
clerk, who Immediately rose and
faced Us.
Gentlemen of the jury" he began,
"have you agreed upon a verdict?"
I'VE have" I answered. rising as ]
spoke.
jury?" he continued. do you find the
prisoner guilty or not guilty of the of,
Tense as charged?"
mot guilty" / responded, but before
l had completed the words they were
| drowned in a t~hunderous burst OF
cheering. and Immediately all was wild
confusion. Men leaped on the benches
| and howled like maniacs, women wept
and enthusiasts fought to clasp the de
| PENDANTS hand, while the Judge pound
| ed his desk and attendants rushed
| about endeavoring to suppress the
| We WClC oliii ctdIu
ing in u places watching this scene
| of frenzied joy when we heard our
| selves addressed in even. earnest tones
.Mr. Foreman and gentlemen of the
jury, / thank you on behalf Of my
client and on my own behalf for the
| justice of this verdict at your hands"
Barstow stood close to the jury raj
as he uttered the words. and as we
| stared at him in open mouthed amaze
ment a sherif's officer approached and
| whispered something in his ear.
Certainly" we heard him answer
wait till I've had a chance to con
graduate my client and I'll be at you
| service"
He moved away as he spoke. and as
my eyes followed him across the room
1 saw Barbara Frayne greet Gilbert
with o~utstretched hands, and they
were still standing together gazing into
each others eyes as the crowd surged
around them and hid them from my
view.