The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1921-11-25

fer 70 1t. Right here onder this here
warnut tree we're a-goin' to hold cote
and have yore trial, by jedge and jury,
and you'll shore git what's a-comin'
Bill Dale cut In with some bitter
ness: and you'll be the judge, and
your plans have already been laid, and
I'm to be hanged by the neck until
dead; eh? Well, you'll pay dearly for
it, l promise you. We always have
to pay for what we get, you know.
The Morelands and the Littlefords will
be quick to settle the account. You
know that"
"No," old Ball disagreed holly, II
don't know that"
He turned to the others.
"Set down, boys. It's the same price
as standin'. The jury will please set
over thar" pointing to his right. 1.-The
pris'ner and his guards will please set
right owe thar" pointing to his left.
"The hon'rable Jedge, which same is
me, will please set right thar" indi-
eating a spot at the base Of the gnarled
walnut. 1.-THE rest" he finished, twill
set anywhar they d-n pleases. Set
down, men,"
His orders were obeyed. Dale found
himself sitting on the ground between
two pairs Of mOuntaineers and facing
u line Of twelve mountaineers-the so
called jury. To his left was the self
appointed judge, and to his right
lOunged a score or more Of men whose
attention was then being turned to-
ward a jug Of fiery new whisky that
had never been near to a revenue
stamp or anything else that was hon.
est. The jug travelled rapidly from
one hairy mouth to another.
Old Ball passed the jug to a mem
Der Of the Jury" and announced:
"Well, dammit, co'te's open now"
"Kitty, kitty, kitty" tainted Walt
Turner. "Pore little kitty"
The mockery began. 1t was ridicu-
lous, and yet 1t was grim. Adam
Balls father himself furnished most
Of the evidence; also he acted as
prosecuting attorney. OF course there
was no counsel for the defense, and
it wouldn't have helped if Dale had
had a proverbial Philadelphia lawyer
on the grounds; all the proof and elO-
quence and pleading In the world never
would have changed, in the slightest de-
gree, the sentence that had been cut and
l-sol rDr Dill Dnln Tho ynnnly trial
was being held solely because the
Balls and Torreys felt that by hold
ing it they were insulting the majesty
Of the law and making their ven
geance sweeter. II became worse than
a traveSty.
Night fell during the wordy and
profane %harangue Of the Ball leader,
and 1t was ordered that a fire be built
at once. At once a fire was built, dry
brushwoOd being used, and In It's red
and pickering glare the faces Of the
hillmen looked doubly dark and doubly
wicked. Then the Judge begged a
chew Of tobacco and deliberately kept
the whole twist, and told the jury to
go out and bring back a verdict with
out losing time.
The twelve mountaineers rose un-
steadily and went to the creek, and
there one of them uncovered another
Jug of fiery new whisky that was alien
to a revenue stamp. They drank
heavily and returned to the walnut
tree court without mentioning the
trial.
The foreman was a Torrey, and a
particularly bad one. His swarthy
face, with Its high Cherokee cheek
bones and It's thin-lipped mouth, was
ultra-cruel, ultra-viciOus. He entered
the circle Of red and pickering freight
slowly, smiling evilly, and the other
eleven crowded up close behind him.