The Cook County news-herald. [volume] (Grand Marais, Cook County, Minn.) 1909-current, 1915-05-13

y
service on the jury. This is an
unheard of proceedings" shout
cd Barstow.
"Objecton Oyerruled.'
"Exception.'
A court attendant approached the
bench and whispered in the judges
ear as I returned to my chair, and his
honor Immediately addressed himself
to Barstow.
Il desire to inform counsel for the
defense that the witness, Madeleine
Mapes, is in my private room,' he an
nounced, with frigid formality, land
he may now continue his cross eXam1-
nation if he so elects
RarstoW rose and advanced to the
rail. gazing fiXedly at the bench.
I'm view of what has just taken
place. he began, Il consider any pro-
longation Of this trial unnecessary and
inexpedient I shall not, therefore,
conclude my cross examination Of the
Witness
The judge flushed angrily as the law
yer spoke. but he controlled himself
with an effort and turned to the wait
ing prosecutor. Proceed with your
case. Mr. Gilbert" he directed.
The people rest,' announced Gilbert
promptly.
For an instant I did not compre-
bend the words. Then suddenly their
meaning flashed upon ME. The prose-
hoI f,,r To off
and the defendant was at liberty to
show us her defense.
Though Gilbert's case had ended
sooner than l expected, BarstOW was
evidently prepared for his announce
mcnt. for he sprang to his feet as he
heard it and advanced to the rail with
memorandum in his hand
IF the court please" he began, Il
request your honor to instruct the jury
to render verdict of acquittal in this
case. There is not sufficient evidence
of the defendants guilt to raise any
question for the jury. No verdict ex-
rept not guilty could be supported
by the facts submitted by the pros
ecutor The circumstantial proofs
wholly fail to make out the case re-
quired by law.
When the prosecutor told us in his
opening that we would find Alice EN-
Dry in every dark corner of this case
l assume he must have meant Made
leine Mapes. Listen at the door of
Shaw's study and what do you hear?
A quarrel between Shaw and Miss
Mapes-a quarrel between a faithless
lover and discarded woman. No high
words, but plenty of bitter hate there.
Look through the window of Miss EN-
ory's chamber on the night Of the muir
tler, and whom do we find occupying
the room SO conveniently situated next
to Shaw's study? Madeleine Mapes.
Draw aside the curtain of her closet
door, and what do you find? A blue
cloth skirt belonging to the AIapes wo-
man. Open the furnace door and what
do you see? The charred remnants of
her teltale skirt. Will you credit the
word Of this female Judas, who swears
eternal friendship for this defendant in
one breath and tries to swear her into
eternity with another? denounce her!
/ denounce her publicly and in the
name of the law. p
"Mr Barstow!'
l started as Miss Emory uttered her
counsels name, and, turning, saw her
standing by her chair, her face flush
ed with anger, her arms extended rig.
idly and her hands tightly clinched
Barstow paused for an instant, but
took no other notice Of the interruption
and before he could continue Judge
Dudley interfered.
"Counselor," he began, ct is only
fair to say that have fully determined
to allow the jury to pass upon this case
Please state your motion as briefly as
= possible, and I will deny it and give
you the benefit of an exception"
+ Barstow regarded the speaker witt
indignant establishment.
do you mean to decide this vita
question without hearing me?' he de
manded fiercely.
The judge frowned at the offensive
question.
II have heard you, sir" he respond
ed at last. But my mind is made III
and you can't change it. This case has
got to go to the jury, and you may az
well understand it one time as an
other" !. ' ~ L., ;. =, -.