The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-08-18

and If you come to the door and sur
render we will protect YOU"
We heard Prices wife pleading with
him in agitated tones to surrender,
and after some demurring, Price fol-
lowed her advice. He opened the door
and surrendered to us, and we took
both our prisoners to the special car
and Immediately started for Fort
Worth, arriving there late the same
evening.
We went to the railroad hospital,
where l saw the surgeon in charge.
Powers was in better condition by
this time, and we arranged to have
him brought out of the small room
which he occupied and placed in a
larger one. We then had a party of
rs or 80 railroad men, and other men
who lived near the hospital, file into
this room and form a half circle
around Powers cot. He was placed
| in such position that by merely
turning his head he could obtain a
good view of those who were lined
up. knight was standing in the half
circle near one end and Price was
placed about midway between the Gen.
ter and the other end of the line.
Their dress and general appearance
were very similar to that of the others.
After everything had been arranged
the doctor in charge told Powers to
look over the line and see if he could
recognize any persons there. Powers
at once pointed his finger at Price and
said:
THAT is one of the men who was
on that train"
He turned his head, looked along
the line, and, without any hesita-
ton, pointed to knight, saying, And
there's the other"
We took Price and knight to Tyler,
Tex, where they were both locked up
in default of bail, to await their trials
on the charge of murder.
Colonel Spivey, prominent Grim
inal attorney, was employed by the
defense. while the railroad company
engaged Capt. James Hogg and his
law partner, John M. Duncan, to as
sist in the prosecution.
In due course the day of the trial ar
rived, Circuit Judge McCord presiding.
The defendants demanded separate
trials. Colonel Spivey proposed to try
knight first for the reason that it was
generally understood that he, being
the younger of the two men, had been
under the influence of his brother-in-
law. II he received a severe sentence
it would augur well for heavier one
for Price, whereas, If Price got off
lightly, knight would receive an even
milder sentence. knights trial lasted
two days. The jury returned a verdict
of guilty of manslaughter, and his
punishment was fixed at ten years in
states prison. His counsel immedi-
ately served notice that he would ap-
ply for a new trial, and also asked
the continuance Of Prices trial until
the next term of court. The continu-
ance motion was granted and Price
was released on bail.
While the question of Prices bond
was being arranged by the lawyers
anu Inc court, L, III COuupduy Will VII
liam Boyd, the master of Transports
ton, left the court room and walked
out into the grounds in front of the
court house, where we stood convers
ing for a few moments. l noticed
rather singular looking man who
had been following me almost con-
tinuously during the trial. He
looked about thirty years Of age, was
in his shirt-sleeves, and was wearing
Texas hat with brim of extra width
and no collar. He had the ap-
pearance of being slightly under the
influence of liquor.
/ had noticed the man so often that
I had grown accustomed to looking
for him. / suspected that he was a
crank" and would bear watching.
Now he came right up to me and
said:
"Furlong, know you, and want to
tell you that you will never convict
John Price, and am mighty glad that
he Is going out on Q bond"