The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1915-04-30

IA III SSA Az '
track Of Miss Mapes and the Field girl
in Melton yesterday, discovered that
they wanted a carriage to get back to
Pollicet,' the witness responded, IAN
his struck Barstow as a good Oppor-
tunity to get them out Of the state. He
made me hire IL hack, remove the han
dies from the doors and disguise my
self as Il hickman. Then l was to
meet the two women at Il 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 we'll until some fellow
tried to stop the horses, thinking they
were running way, IL when l was
trying to dissuade him with the butt Of
my whip | was thrown from the box
seat and fell on my head. That's all
The witness voice died away in a
husky whisper, and he sank back wear
lily in his chair. Gilbert stopped and
spoke to his assistant and then grayely
addressed the court.
THAT is all, your honor" he an
nounced.
The judge leaned V e his desk, gaz-
ing earnestly at Barstow, and every
eye in the room centcred on the law
yer, who sat quietly watching the limp
figure in the witness chair.
docs the defense wish to cross ex-
anime" he inquired gravely.
BarStow rose and faced the court
with perfect self possession.
The defense does not wish to cross
examine he retorted. But the I'M
contradicted testimony of this witness
demands the instant discharge Of the
defendant, and l renew my request
that the jury be forthwith instructed
to acquit."
The mans tone and manner 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 it was
favorable to his client.
II think it my duty to join in the
defendants request, and I 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 gavcl was powerless to sup
press the tumult until Barstow rose
and held up his hand.
II withdraw my suggestion and re-
quest the court to deny the prosecu-
tors" he exclaimed as soon as he
could be heard. "This defendant is en-
titled to the only PREPARATION the state
can make her under the circumstances,
which is an uninstructed verdict of not
guilty at the hands of her peers. l
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"
l do not like to think l was the only
person in the room who understood
the dignity of this appeal, but l know
l felt like cheering it.
"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,
2 "have you agreed upon a verdict?"
| "We have" I answered, rising as I
spoke.
"1Iow say you, gentlemen Of the
: jury"' he continued. do o find the
prisoner guilty or not guilty of the Of
l Tense as chargcd:"
: "Not guilty." l responded, but before
l had completed the words they We're
. drowned in a thun1erous burst Of
l cheering. and Immediately all was wild
I confusion. Men leaped on the benches
and hoWled like maniacs. women wcpt,
t and enthusiasts fought to clasp the de-
PENDANTS hand, while the judge pound
0 ed his desk and attendants rushed
about ~endcavoring to suppress the
r demonstration. We were still stand
ing in our places watching this scene
e of frenZicd JOY when we heard our
selves addressed in even. earnest tones.
S "Mr. Foreman and gentlemen of the
G jury, | thank YOU on behalf of my
G client and on my own behalf for the
G Justice of this verdict at you hands,
n Barstow stood close to the jury rail
@ as he uttered the words. and as We
a stared at him in open mouthed amaze
d ment a shcritf's officer approached and
d whispered something in his ear.
It "Certainly." we heard him answer
wait till I've had a nance to con
graduate my client and I'll be at your
@ service"
It he moved away rs he spoke, and as
It my eyes followed him across the room
II l saw Barbara Fraync greet Gilbert
Il with outstrctchcd hands, and they
II were still standing together gazing into
II each others eyes as the crowd surycd
d around them and hid them from my