The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1920-07-23
CHAPTER xXlll-Continued.


science kept assuring me that 1t was
misfortune and not error on my part
that had brought me here. At every
point In the strange chain of circum-
stances / felt that / had acted as a
man of honor should have acted My
sense of innocence upheld me even
though the deliberate malicious plot
ting of evil men might make it appear
to the judge, to the jurors, to the
whole world that was a murderer.
Even though | should be sentenced to
death for killing woman | never had
seen the knowledge that at every point
I had done what ] still believed to
have been right. brought me strong
comfort and filled me with new cour-
age.
Yet 1t was with lack of Interest that
l listened to the monotonous question
ing that formed part of the selection
Of jury.
$50 far as I am concerned" had
said to my counsel in our last chat,
"any sort of a jury will do. Unless
we succeed in upsetting the evidence
against me with crash that all the
world can hear it makes no differ
ence"
II guess you are right" he answer
ed, despondently, it seemed to me.
land If the worst happens, we always
can take an appeal"
His reply convinced me that he, too,
was anticipating the result, which
long ago had decided to be the only
outcome, unless something unforeseen
happened-a verdict against me Of
murder in the first degree.
l heard almost with amusement,
the district attorney. with eloquent
oratory, tell the jury the crimes he
expected to prove against me, even
smiling a little at the picture he paint
ed Of a gangster seeking employment
in an apartment occupied by families
of wealth that he might find oppor-
tunities for plundering them. and
when he was surprised in the midst
of his burglarizng, brutally choking
the unprotected woman whose home
he was despoiling and then as she lay
there helpless ard insensible, shoot
ing her through the heart.
In fact, | quite agreed with all he
said even to his most strenuous adj
jectiyes-except for the one fact
that ! knew | was not the man he
was talking about. 1t had been bru
tai, cowardly murder, and I was fully
as anxious as the district attorney
could possibly be to see the miscreanI
who had killed Miss Lutan brought
to book
The testimony that was to come,
devoutly hoped. would give some clue
that would lead to the unmasking Of
the real murderer The first witness
called was one of the detectives wht
had arrested me. He told concisely
as though repeating a well rehearset
story. of having been summoned t.
the Granddeck and finding there the
body of Daisy Lutan. He said tina
she had been shot through the heart
WAS there anyone in the apart
ment when you arrlved?"
Eyes, doctor"
Anyone else?"
of the apartment, and the prisoner
''What did they say? How did the,
explain their presence there?"
"They said they had heard a sho
and had come in to investigate"
He told of examining the body
questioning the physician and of MAX
ing search of the apartment for tn
murderer, but finding no one els
there.
"What did you do then?"
my partner and ! followed tn
prisoner TO his apartment and place
him under arrest. We searched hi
room and in the dresser I found
discharged"
'What made you suspect Nelson
Why did you arrest him?'
my partner and | talked it owe
and we both were of the opinion thf
1t was an inside job. A burglar woul
have no chance to get into bulldin
like the Granddeck and make his ge
away. Ii was between the superb
tendeni of the building, who was
man OF responsibility. and this youn
fellow--who was only a caretaker."
HAD anything in Nelson's actor
made you suspicious of him?"
81 noticed that he was greatly e,
cited"
Anything elseT
after Nelson had gone upstairs
his own apartment, | questioned NJ
Wick. He said he had been in Il
elevator when he heard the shot. I
had gotten out at the fifth floor. whe
It seemed TO have come from. At Il
door of Miss Lutan's apartment
had found the prisoner
"That's ALL" said the district alto
neg triumphantly.
My attorney waived cross-examin
ton. The second detective was p
ON the stand and corroborated i
partners evidence in every respe'
Both of them told of finding blood
my coat The physician whom Wi
had summoned gave a somewhat ter