The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1915-04-16

"Objection "verruled."
"Exception."
A court attendant approar!leu the
bench and whispered in tho Judges
ear as I returned to my chair. and his
honor Immediately addressed himself
TO Barstow.
II 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 exami-
nation if he so elects
Barstow rose and advanced to the
rail. gazing fiNedly at the bench.
I'm view of what has Just taken
place. he began. II consider any pro-
longation of this trial unnecessary and
inexpedient. | 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 did not compre-
bend the words. Then suddenly their
meaning flashed upon me. The prose
cutor had no further proofs to offer.
and the defendant was at liberty to
show us her defense.
Though Gilbert's case had ended
rrnrop %I,n~ ,vv,o%oJ or%, ,rnc
evidently prepared for his
ment, for he sprang to his feet as he
heard it and advanced to the rail with
a memorandum in his hand.
IF the court please he began. Il
request your honor to instruct the jury
to render a 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-
cept not guilty could he 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 il his
opening that we would find Alice En-
DRY in every dark corner of this case
l assume he must have meant Made
ielne MapeS. Listen at the door of
Shawss study and what do YOU hear?
\ quarrel between Shaw and Miss
Mapes-a quarrel between Il faithlcss
lover and a 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
der. and whom do we find occupying
the room so conveniently situated next
to Shaw's study? Madeleine Mapcs.
Draw aside the curtain of her closet
door, and what do you find: A blue
cloth skirt belonging to the Mapes wo-
man. Open the furnace door and what
DO you see: The charred remnants of
her telltale skirt. Will YOU credit tlle
word OF this female Judas. who swcars
eternal friendship for this defendant in
n breath n tries to swear her into
eternity with another? d%enounce her,
l denounce her publicly and in the
name of the law. r
mfr. Barstow,.'
I started as Miss Emory uttered her
rounselS name, and. turning, | saw her
standing by her chair. her face flush
ed with anger. her arms extended rig
idly and her hands tightly clinchcd.
Barstow paused for an instant. hut
took no other notice Of the i%nterrun1ion.
and before he could continue Judge
Dudley lnterfered.
"Counselor.' he began. II, is only
fair to say that have fully determined
to allow the jury to pass upon this cas-.
Please state you motion as briefly rs
possible. and l will deny it and give
you the benefit of IN exception"
Barstow regarded the speaker viii
indignant establishment.
do you mean to decide this vita
question without hearing me:' he de
manded fiercely.
The judge frownel at the offensive
question.
~ have heard YOU, sir" he respond,
ed ut last. Blu my mind is made IN
and you can't change it. This case has
got to go to the jury. and YOU may as
well understand it one time as an
other"