The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1917-03-02
Law Versus
Judge Lynch
By RICHARD MARLEY

tabliShed.
You see, Jim,'' he said, they'll keep
us in jail forever waitin' to try u.s.
Don't you worry about that, Pete
said the other. ''This yere community
isn't ready for real law yet
So they shot their man and stood
trial.
The citizens of Four Aces, eager tC
try the new legal system that had been
introduced, did not Inconvenience the
two criminals at all by delay. The
murder was committed in the morning,
and by o'clock in the afternoon the
trial commenced A limb of the law
named Simpson was prosecuting attor
ney, and one Waterman was assigned
by the court to defend the accused.
To save time they were tried together
The first hour was occupied in fencing
between the prosecutor and counsel for
the defense, the latter claiming that
the first shot killed the gambler, and
the man who fired it was the murder
err, while the other could not be tried
for killing a corpse. An appeal to the
Judge established the fact that both
were instrumental in the deed and they
should be convicted Or acquitted to-
gether.
Then the prosecutor summoned wit
yxhn fhn oh
first was the barkeeper of the saloon,
who was standing behind the bar at
the time. He testified that he saw
the two men open fire at the same mo-
ment On the gambler.
QueStiOn-What were you doing
when the shooting commenced?
Witness-Tom O'Brian had jist call
ed for some piZen, and | was reachin'
to the shelf back o. the bar for it.
Question-How could you see the
shooting when your back was turned
to the shooters?
Witness-There was a big loOkin'
glass behind the bar. I seen it in
that.
"Your honor" said the lawyer, turn
ing to the Judge, II move that this
mans testimony be stricken out. He
did not see the shooting. He merely
saw a reflection"
The judge considered for awhile,
then decided that a reflection was not
a thing in itself, therefore the testi-
mony Of the barkeeper was not to be
considered by the jury.
There were several other persons in
the room at the time of the crime, but
counsel for defense proved that the
eyesight Of one was bad, that another
was so deaf that he couldn't hear a
cannon fired, to say nothing Of a re-
volver, while third had been sitting
at table in a jog in the room where
he could not see the group in question.
Friends Of the accused swore that they
had known them for years, both had
taught Sunday school and neither had
ever carried a revolver-indeed, they
would not know how to handle such a
weapon.
The prosecutor endeavored to i'm
but when he called on citizens present
to swear that they wouldn't believe
them under oath one Of the witnesses
announced that if any man dared TO
question his word or his sacred honor
he would let daylight into his carcass.
This effectually prevented the impeach-
ment of any of these witnesses.
10 boI oh
with the case there was an impressive
silence in the court The judge seem
ed averse to instructing the jury to
acquit the murderer, but he could not
see how he could do anything else. He
was scratching his head when Oliver
Budd, prominent citizen of Four
Aces and leader of the late vigilance
committee that had ceased operations
in view of the introduction of law into
the place, arose and said:
"Your honor, these yere men have
been tried accordin' to law, and the
evidence shows that they are as inner
cent as two turtle doves. I suggest
that before givin' up our former meth
cd we try 'em by the Lynch system,
The judge accepted the situation and
gave up his seat-a cracker box before
his desk, board between two barrels
to Mr.. Budd, who took his place and
said:
''Let all the witnesses for the prose
cution stand up in line"
When the line was formed Judge
Lynch or Mr.. Budd said to them:
''These yere two men air charged
with the KILN of Charles Benton,
gambler. All of you who know for
sarten that they done it hold up your
hands,"
Every witness held up hand.
"That'n do" said Mr.. Budd; then,
turning to the large number of spec
tators present, he added:
"Citizens of Four Aces, you have
seen trial by court methods and a
trial by Lynch methods. All who are
in favor of the fust say Aye"
A dead silence followed.