The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1916-10-31


sprang from the selfish detachment
that had prevented us from knowing
whom to trust.
am not going to describe that most
turbulent afternoon. The details are
unessential to the main point, which
was our decision. Counsel was ap-
pointed by the court from among the
numerous eX-lawyers. The man who
took charge of the defense was from
New York and had served some ten
years in the profession before the gold
fever tool; him. | happen to know
that he was most sober minded,
steady individual, not at all in sym
pathy with the rougher elements but,
like most OF his ilk, he speedily be-
came so intensely interested in plying
his profession that he forgot utterly
the Justice of the case. He defended
the lawless element with all the tricks
Mt his command For that reason
Woodruff was prevented from testify
ing at ALL except as to his ownership
of the cattle. so that the effect Of his
pathetic story was lost. DIR. Rankin
had no chance to appear
We retired to Randall's little room
to deliberate. Not man of the twelve
of us had the first doubt as to the
guilt of the prisoners. We took bal
lot. The result was eleven for acquit-
tai and one for conviction. had cast
kho o,,r ,,oNo Por nuiotinp
We argued the matter for three
hours.
There's no doubt the men are
guilty" said one. "That isn't the ques-
ton. The question Is, dare we de-
clare itT
"It amounts to announcing our
own death sentence" argued another.
'"Those fellows would stand together,
but who of the lot would stand by usf
Why, we don't even know for sure
who would be with u.s."
"This case ought never to have been
tried by a jury" complained a third
bitterly. ut ought to have been tried
In a miners court, and II 1t hadn't
been for those soft heads who were
strong for doing things regularly in
stead Of sensibly we'd have had 1t
done that way"
WELL" said an older man graVely,
"I agree to that. l am going to be
governed In my decision not by the
merits Of the case, but by the fact that
have a family back In the states.
consider my obligations to them great
er than to this community"
l reasoned with them for long
time, bringing to bear all the argu-
ments l had heard advanced at vari-
GUS times during our discussions In
Danny Randall's back room. At last,
seeing l could In no manner shake
their resolution, l gave In. After all,
i could not blame them. The case
was to them only one of cattle steal
ing. They had no chance to realize
that 1t was anything more. Without
solicitation on my part they agreed to
keep secret my opposition to the yer.
diet of acquittal.
Our decision was greeted by wild
yells and the discharge of pistols on
INC puTC VI Tue rough eleuIeHJ ne
meeting broke up informally and in
confusion. 1t would have been use
less for the presiding officer to have
attempted to dismiss court. The mob
broke through en- masse to congratu-
late the prisoners. Immediately the
barkeepers were overwhelmed with
work Here and there | could see
small group of the honest men talk
ing low voiced. with many shakes OF
the head. Johnny, Old and Cal, who
had attended with his arm slung up,
had their heads together in corner.
Danny Randall, who, It will be re-
membered. had not appeared publicly
in any way. stood at his customary
corner Of the bar watching all that
was going on. His gamblers were pre-
pairing to reopen the suspended games.
After comforting together a moment
the three express messengers made