Year: 1877

W u nA " Aon L nAnWEDa


"I have served two terms as sheriff of
Osage County," said the little man as
he lit fresh cigar, and braced his feet
against the stove as if about to delight
us with story.


"Did you ever hang anybody2" was
the natural inquiry that was quickly
propounded to the ex-sherif.


"No," and 1 thought detected faint
smile on the speakers lips. "But held
a man under sentence of death, and he
wasn't reprieved either"


Of course all of us wanted to hear
about that man, and Mr.. Mittimus pro-
ceeded at once to crafty our curiosity.


"I knew before the case was called
that John Upshot would be found
guilty of murder in the first degree.
His relatives-and they were numbered
among the most wealthy and influential
people of the district-engaged the ablest
attorneys in the State for the defense.
But money and talent could not save
the criminal. A good deal of legal lore
was lost upon the twelve honest farmers
who filed the jury box, and the only
interest that seemed to attach itself to
the trial was the chicanery of Upshot's
counsel.


"For four days that trial dragged its
serpentine length through the October
term. 1t worried me, for, as / felt that
/ was to have hanging on my hands, l
wanted to get through the ugly job as
quickly as possible. 1 did not sleep
much of nights, for l had to lie awake
and hear the murderer pacing his cell
as if the ghost of his victim was keeping
him on terrible march. The closing of
the trial was great relief and l breathed
freer. even when 1 heard the only YER
dict at which twelve honest men could
arrive. 1 heard the cheer that greeted
the verdict, and when 1 took my man.
back to jail, he looked up into my face
and said with smile:


"'You will do me favor by commit
ting no blunders when the time comes,
Mr.. Mittimus.'


ellis words and tone told me that ne
would die courageously, and l felt like
thanking John Upshot for that, for l was
fearful that he would play the coward.
felt that could hang man that wasnot
afraid to die. A coward, squirming and
weakening on the gallows, might have
unnamed me.


"The county town of Usage was not
large then. The Jail, to which was at
tached the sheriff's residence, stood on
a rise, and the rear windows, barred and
very strong, overlooked gently sloping
piece of ground which boasted of fine
grove of beech and butternut. That
grove held many pleasant recollections
to me, for there 1 had played through
boyhood, and loved to frequent its cool
ing shades, long after 1 had reached
mans estate. 1t was upon this pretty
scene that the sole window of John Up
shots cell looked. More than once
during the trial l had discovered him
standing at the bars as if signing for the
freedom of the birds that filled the grove
with their music.


"The day of execution approached,
but very slowly to me. Iassure you, gen.
tlemen, that wanted it to come on the
wings of the wind, for, as Ihave already
said, l wanted the hangman's job of
my hands. The prisoner appeared in
different for several days after the trial
but the horror of his approaching fate
soon fell upon him, and his smile faded
away. A reprieve was totally unlocked
for, and believe that No steps we're ever
taken towards one. 1t was given out
every where that Upshot would be hung


"The weather for the fall was delight
full. Indian Summer was upon us, and
the days had the mellowness of the true
Indian summer, and the skies were sof
and beautiful overhead. l used to wan
der into the grove on Sabbath after
moons; but my visits ceased suddenly
One day 1 happened to cast my eyes to
wards the Jail, which was visible from
the place occupied, and behold l say
a pale face at the window of John Up
shots cell. The condemned man seemed
to be looking at me, who had been com
missioned to launch him into eternity
Hiseyes seemed full of mute pleading an,
burned into my very heart. Icould no
stand that awful look, and made my wa
back to town, unnerYed for the first tim
since his conviction.


81 did not return to that spot unit
the night prior to the day set apart fc
the execution. The town was becomin
filled with people, for the few execution
that had taken place in the county ha
been public, and the precedent was to
adhered to in Upshot's case. M
programme had been carefully studieC
and, wearied with the matte
concluded to seek the cool grove an


find little rest. For several DAYS an


nights the prisoner had paced his &C


with that terrible tread which rings


my ears to day, and 1 wanted 10 get b


yond earshot of the awful sounds.