Audubon County journal. (Exira, Iowa) 1884-1993, 1917-03-22
Law Versus
Judge Lynch
BY RICHARD MARLEY

at shooting since court had been es.
tablished.
you see, Jim," he said, "tAey1l keep
MS 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"
30 they shot their man and stood
trial.
The citizens of Four Aces, eager to
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 3 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 fred 1t was the murder
for killing 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
nesses who saw the shooting. The
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. ! 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 reflection"
% The Judge considered for awhile
then decided that reflection was not
thing in itself, therefore the testi-
mony Of the berkeeper was not to be
considered by the jury.
e There were several other persons I'M
the room at the time of the crime, but
counsel for defense proved that the
eyeslght of one was bad, that another
Was SO deaf that he couldn't hear
cannon fired, to say pothing Of a re-
ly:..yer, while thirfa bad been sitting
fat table in a Jog In thas 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 revolver-indeed, they
Would not know how to handle such a
Weapon.
sThe prosecutor endeavored to i'm
peach the Yeracity Of these witnesses,
but when lie 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.
When the lawyers had got through
with the case there was an impressive
silence in the court. The judge seem
ed averse to instructing the jury t.
acquit the murderer, but he could moi
see how he could do anything else. HI
was scratching his head when Oliver
Budd, prominent citizen Of Foul
Aces and leader of the late vigilanc,
j committee that had ceased operation
in view of the introduction of law int
the place. arose and said:
"Your honor, these yere men hav'
been tried accordin' to law, and tn
evidence shows that they are as inner
cent as two turtle doves. / sugges
that before givin' up our former meth
cd we try 'em by the Lynch system
jist for to see how the two compare"
The judge accepted the situation an
gave up his seat-a cracker box befor
his desk, a board between two barrel
to Mr.. Budd, who took his place an
said:
LET all the witnesses for the prose
cution stand up in line"
When the line was formed Judg
Lynch or Mr.. <Budd said to them:
"These yere two men air charge
with the KILN of Charles Benton
gambler. All Of you who know fo
sarten that they done it hold up you
hands,"
Every witness held up hand.
"That'll d." said Mr.. Budd; the1
turning to the large number Of spec
tators present, he added:
"Citizens Of -Four Aces, you hav
seen trial by court methods and
trial nv Lynch methods All who ar