The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1916-01-15

its usual brief stop. and while those
ride-barreIs were trained impartiaily
on Haveys and McBriars. a line of
soldiers began pouring out into the
roadbed and forming cordons along
each side OF the track Both lines
moved slowly but unwaveringly for
ward. pressing back the crowds before
their urgent bayonets.
Two wicked-looking gatling guns
were unloaded from the baggage car.
and. tending them as men might
handle beloved pets. came squads
whose capes were faced with artillery
red
Shortly a compact little procession
in column of tours. with the gatling
guns at its front and a hollow square
at its center, was marching briskly to
the courthouse. In the hollow square
went the defendant. handcuffed TO the
sheriff. Without delay or confusion
the gatling guns were put in place.
one commanding the courthouse
square and one casting its many-eyed
glance up the hillside at the back.
Then, with the bayonets of sentries
crossed at the doors. the bell in the
cupola rang while Judge Sidering
walked calmly into the building and
instructed the sheriff to open court
His honor had directed that every
man save officials who sought admis-
sion should be disarmed at the door.
Luke Thixton bent forward in his
chair and growled into the ear OF Old
Milt McBriaT, who sat at his left.
I've got as much chanst hyar as
fish on a hilltop. Hain't We goin' ter
do nothin' fer me?"-and Milt looked
about helplessly and swore under his
breath
One onIooker there had not been
searched Young Jeb bore the creden-
tials Of a special deputy sheriff. and
under his coat was a holster with its
flap unbuttoned While the panel was
being selected; while lawyers wran-
gled and witnesses testified; while the
court gazed off with half-closed eyes,
rousing only to oVerrule or sustain
motion, young Jeb sat with his arms
on the table, and never did his eyes
leave the face of the accused.
1t was a 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-heartedly re-
lied upon the old device of a 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
began unostentatiously sprinkling uni
| formed men through the dingy court
room until the hodden-gray throng
was flecked with blue.
| At length there came a rap on the
door of the juryroom. and instantly
| the low drone of voices fell to hush
His honor poured a glass of water
from the Clipped pitcher at his elbow.
while Luke Thixton and Milt McBriar.
for all their immobiIity of feature.
| braced themselves. Like some rest
less animal of many legs. the rough
throng along the courtroom benches
scraped its feet on the floor.
Young Jeb shifted his chair a little
so that the figure of the defendant
| might be in an uninterrupted line OF
vision. His right hand quietly slipped
under his coat, and his fingers
loosened a weapon in its holster and
nursed the trigger.
Then, with a dragging Of shoe-leath
eT. the twelve good men and true
shambled to a semicircle before the
bench, gazing stOlidly and blankly al
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 theil
foreman and inquired in that borec
voice which seems a judicial affecta
ton even in questions of life ant
death: Gentlemen, have you agreed
upon a verdict?"
The foreman nodded. The sheet o
paper. which he passed to the clerk
had been signed by more than one
juror with a cross because he could
not write.
I'VE, the jury" read the clerk in {
clear voice. find the defendant, Luke
Thixton, guilty as charged in the in
dictment-" There, although he haC
not yet reached the end, he INDUCED
in dramatic pause, then read on tn,
more important clause in the terms o
the Kentucky law which leaves thu
placing of the penalty in the hands o
the jurors-"and fix his punishment
at death
AS though relieved from a grea
| pressure, young Jeb McNash Withdrew
his hand from his holster and settled
back in his chair with fixed muscles
Judge SideTing's formal question
broke in on the dead quiet. so sa.
you all, gentlemen" and twelv
shaggy heads nodded wordless af1rma
ton.
. Soldiers filed in from the rear. Il
; less than thirty seconds the prisone
had disappeared. Outside the gatlin
: guns remained in place. and the troop
patrolled the streets.
2 For two days the McBriars stage
a in town, but the troops fingered Ions