The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1915-11-11

mother that the jury had discharged
Eric without leaving the box, and on
the advice of the court himself. Adam
Carr opened his eyes and spoke aloud
for the first time since he was stricken
the week before.
| II knew they would" he said with an
effort. but quite distinctly, to the great
amazement OF the doctor and the nurse.
The Widow Payson and John were not
surprised They understood the in
scrutable ways of the man.
The machinery OF the law never
worked so fast as in the case Of the
State VS.. Eric Midthorne. Five days
after he surrendered himself to the
sheriff. his case was called for hear
ing. The court room was crowded. for
| the Courier had announced the trial
day and hour. No one was there in the
| hope of finding fresh sensations, but
to hear the story OF the fight from the
lips OF the victor himself
Inside the railing sat the entire bar
Of the city. Judge Oswald Bright came
over from the capital and occupied a
seat on the bench beside the court. His
daughter sat with Mary Midthorne at
the defendants table. Horace Blagden
and his wife had seats so close to Eric
that they could lean forward and whis-
Der in his ear. an oft repeated act
which sent a thrill of appreciation
4
moral though utterly wasted effect on
| the jury
The prelIminaries were brief. Mr..
States Attorney Collins read the affi-
davit on information and belief and
called his only witness--the sheriff of
the county. who merely testified that
the prisoner at the bar was the man
mentioned in the instrument and that
he had openly confessed to the Staying
of Chetwynd Blagden. The state rest
ed. The audience leaned back with an
audible breath OF relief.
The defense very naturally moved to
quash the indictment. on the ground
that the corpus deficit had not been
established. but formally withdrew the
motion a m oment later, as a part of the
program. to permit Eric Midthorne to
tell his slory on the stand. The audi
ence listened with breathless interest
TO the recital, dividing Its attention be-
tween the young man In the box and
the grey haired parents of Chetwynd
Blagden. watching with eager eyes for
some sign of animosity on their part.
II the people expected or hoped for q
demonstration they were disappointed.
The BlagdenS sat very still and erect,
their pinched backs to the multitude.
their heads twisted slightly toward the
witness. from whose face their gaze
was not once removed during the un-
IeClldi AT conclusion
they turned expectantly toward the
states attorney.
Horace Blagden's figure straightened
perceptibly. A moment later his own
name was called. He arose slowly
at any other time we would have said
pompously-and slipped into the wit
ness box: stir swept through the
crowd, Here was a sensation. after all.
Facing the Judge. the great man of
Corinth took the oath, his right hand
uplifted. 1t did not trenble He then
testified to the reputatienr-of the de-
tendant for truth and veracitv. and to
his standing in the community. That
was all. He gave 1t clearly. unfalter-
ingly. He was not asked II he were the
father Of the deceased. II was as the
first citizen OF Corinth that he testified.
One could have been excused for smil-
ing at the theatric Display Of self re-
card that oversbadowAd the real inten-
ton Of the man. The great man Of
Corinth was speaking. No one could
have asked for more than that.
Horace Blagden did not mean to
place himself In a false position He
was intensely sincere In his desire to
dissipate all doubts in the minds of the
townspeople as to his attitude toward
his nephew, No more convincing wav
could have presented itself he argued
than this opportunity to publicly re-
earlier newspaper expression. Adam
Carr. when he heard OF the act. uttered
an opinion that no one else dared to
voice:
"old Horace simply can't help It. It's
born in him. When he dies. by the
grace, he'll lie in state. And. no mat
ter how dead he Is. he'll know he's ly-
ing In state"
The judge instructed the jury to find
for the defendant. and Eric was dis
charged from custody almost before
you could have counted IL.
The whole affair was so palpably
predestined that it savoured of trav-
esty. and yet there was a seriousness
about 1t all that could not be mistaken.
The law itself did not come in for much
consideration. So far as the real legal
aspects Of the case were concerned, all
presidents were violated. But no one
cared about that. Not a single soul in
all Corinth desired the punishment of
Eric Midthorne. Corinth. therefore. was
the law.
Eric's trial was much the same as a
wedding or a funeral-a matter OF a
few very important minutes and then
everybody going about his own bust
ness as IL it hadn't occurred. The we'd
ding means q great deal to the fellow
who is getting married. and the funeral
Is OF the utmost importance to the chap
who is being buried, but the world does
not care a scrap what happens to either
Of them after 1t is all over. Most Of us
get married and all OF US die. People
come and see us do both. II the oppor-
tunity presents itself. and go away
thoroughly satisfied that II Is the end
OF the matter so far as they are con-
cerned.
Corinth would have stepped up and
congratulated Eric on his acquittal If II
could have done so with propriety. But
there had been ample time for reflec-
ton. The magnanimous Blagdens were
to be considered. How would 1t appear
to them IL everyone rushed up to shake
hands with the destroyer OF their only
son? Dreadful So Corinth. or as much
Of ii as could be crowded into the
courtroom. considerably effaced itself
as soon as the verdict was given.
While the crowd was leaving the
courtroom, the Judge on the bench
calmly turned to the clerk and said:
Call the next case. Mr. Clerk"
The regular panel remained In the
Jury box: the sheriff went over to the
telephone and called up the gaol; and
half an hour later a dissolute sailor
from the water front was on trial for
stealing a pound Of tobacco, and the
states attorney was working his head
on, so to speak. to secure the maximum
penalty. One has TO make an example
OF such chaps. you see. Society de-
mands II.
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