Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-10-30

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Ailt McBriar. who sat q his left.
"l'vs got - much chanSt 'hyar - ,
hsh on q hilltop. Hain't ye goin' ter
do nothin' fer me?"-and Milt looked
about helplessly and swore under his
breath.
One onlookef there had not been
searched. Young Jeb bore the creden.
tials Of special deputy sheriff, and
under his coat was holster with its
nap unbuttoned While the panel was
being selected: while lawyers wran-
gled and witnesses testified; while the
court gazed OF with half-closed eyes,
rousing only to override or sustain .
motion. young Jeb sat with his arms
on tho table. and never did his eyes
leave the face Of the accused.
It was very expeditions trial.
Judge Sidering glanced at the faces
Of Old Milt and young Jeb. and had NO
desire to prolong the agony of those
hours. The defense half-heartediy re-
lied upon the old device of false
alibi, which the state promptly pune
tured. Even the lawyers seemed in
haste to be through, and set limit on
their arguments.
At the end his honor read brief in
structions. and the panel was locked
in its room.
Then the McBriars drew a little
closer around the chair where Old
Milt waited, and the militia captain
strengthened his guard outside and
ho0on "a Iii mi
formed men through the dingy court
room until the hodden-gray throng
was flecked with blue.
At length there came rap on the
door Of the juryroom, and instantly
the low drone Of voices fell to a hush.
His honor poured a glass of water
from the Clipped pitcher at his elbow,
while Luke Thixton and Milt McBriar,
for all their immobility Of feature.
braced themselves. Like some rest
less animal OF many legs. the rough
throng along the courtroom benches
scraped It's feet on the floor.
Young Jeb shifted his chair little
so that the figure of the defendant
might be in an uninterrupted line Of
vAOAOAs lilo AA6AS Aouu 4ulCIly olppCu
under his coat, and his fingers
loosened weapon in it's holster and
nursed the trigger.
Then with dragging of shoe-leath-
or, the twelve good men and true"
shambled to a semicircle before the
bench, gazing stolidly and blankly at
the rows of battered law books which
served his honor as a background.
\ There they stood awkwardly in the
gaze of all. Judge Sidering glanced
into the beetling countenance of their
foreman and inquired in that bored
voice which seems judicial affecta-
ton even in questions of lite and
death: Gentlemen, have you agreed
upon verdict?"
The foreman nodded. The sheet OF
paper, which he passed to the clerk,
had been signed by more than one
juror with q cross because he could
not write. tf
eve. the jury" read the clerk in a
clear voice, find the defendant. Luke
Thixton, guilty as charged in the in.
dictment-" There, although he had
HUI yet EcdCuSU Inc cuu, 10 lllUulSSU
in dramatic pause, then read on the
more important clause in the terms CT
the Kentucky law which leaves the
placing of the penalty in the hands OF
the jurors-'and TX his punishment
at death"
AS though relieved from a great
pressure, young Jeb McNash withdrew
his hand from his holster and settled
back in his chair with fixed muscles.
Judge Sidering's formal question
broke in on the dead quiet, 80 say
you all, gentlemen" and twelve
shaggy heads nodded wordless affirma-
ton.
Soldiers filed in from the rear. In
less than thirty seconds the prisoner
had disappeared. Outside the gatling
guns remained in place, and the troops
patrolled the streets.
For two days the McBriars stayee
in town, but the troops fingered long
er, and in that time Luke had again
been taken back to Louisville.
Once more Old Milt led back dis
gruntled faction with no more spirited
a program than to go home and bide
it's time again. When they brought