Year: 1878




year ISIS, by Mrs. Al. Duniway, ln the Office Of
the Librarian of Congress az Washington city
CHAPTER Xxx.


When the court was called on the fol-
lowing morning, the rush for the scene
Of trial was simply indescTibable. Hu-
manity is always on the alert 10 crafty
its prurience or solve a mystery. The
story bad gone abroad that my husband
had been accused Of numbering a courte-
san, under very questionable circum-
stances, which promised very naughty
developments iu detail as the trial
should proceed, and this was enough TO
arouse the morbid eagerness Of every
unkempt Uaquero, greaser, white man,
or negro within a radius Of hundred
miles.


Naturally, my husband was a gentle
man in feeling, and had been made
more thoroughly so by geuteel bringing
up. When he was not in his cups, he
shrauk from anything like coarse or in
delicate conversation with as much in
tuitive reserve as a woman might. And
now that he had been sober for months.
and had had time to recover much Of
his native delicacy, I knew that he
would chafe under the dread ordeal be-
fore him with infinitely greater suffer
ing than though he had not been guilty
Of much which be would gladly have
forgotten.


There is no scourge like the whip Of
conscience With which TO lash the
guilty sinner A Bunyan could Ian
guish in prison in the eujoymentSf the
fullest serenity Of soul, because he knew
himself guiitless Of ofIense toward God
and man. A Servetus could burn al the
stake with dignity and fortitude, for he
was not ashamed Of the truth for which
he was condemned to death; but my
poor husband had none Of the martyr
feeling TO sustain him. He deserved
humiliation and disgrace, and he felt
the situation far more keenly than
though be had been guilty Of actually
numbering a fellow-man in the heat of
passion.


TIE counsel for the prosecution was
an assiduous applicant for glory as a
States attorney. To add TO his ardor
there was very soon TO be a new State
election, in which be looked TO receive
the full vote Of his party for another
official termi and what, to him, was a
human life, when weighed in the scale
against his personal ambition?


The first witness that appeared upon
the scene was a policeman, who had
boarded with me for months at the
Azara House. He was a fne-lookiug
man, with kindly visage and excessive
urbanity, and l could plainly see that
for my sake he was disposed 10 favor the
prisoner, even while / could not help
understanding that also for my sake he
would feel better satisfied if my hus-
band were placed, by law, beyond the
reach Of opportunity to bring me fur
ther trouble.


The testimony Of this witness was
- brief aud 10 the point. He had known
the missing woman we'll; had last seen
her at the gambling den in company
with the prisoner at the bar; had no
ticed that she had won the heavy stakes
the prisoner had played, aud had re-
mafked that he was very much excited
over the result Of the game; had seen
the two leave the dive in each others
company had seen them approach the
lodging-house, where the deceased was
known 20 reside; had heard angry words
on the part Of the prisoner, and gleeful
defiance on the part Of his gay compau-
ion, but had been called away by a street
brawl in another direction, and did not
see the prisoner strike deceased.


The next witness, also a policeman,
had been attracted to the doorstep
where the missing woman had last been
seen by the cry of murder; but when he
reached the spot the deceased was no.
where to be seen, though the prisoner at
the bar was still standing on the door
step. He did not arrest the prisoner,
because no one had indicated that be
was the eulprit


Neither witness had seen the prisoner
strike deceased. Thus far it seemed
that there was indeed little ground upon
which to base an action. How the
grand Jury could have found true bill
upon such meager testimony was nor
clear


Then the counsel for prosecution askef
for further time. Some Of his most i'm
portant witnesses had yet 10 come from
Calaveras, he said, and it was necessary
in order to subserve the ends and aim
Of Justice, that further time be given.


The Court graciously granted a reces
till one o'clock.


"Now, Judge Downy, tell me why
cannot talk to my husband" l said, az
preaching him as a difident, bal
frighted child would approach an aus
tere pedagogue.


"You can talk to him, my dea
madam, but only through his attorney.


"Bnt why do you enjoin such a regu
lation upon anybody ?"


"Oh, it's the universal custom"


isAnd If il should become UNIVERSAL
customary for people to have smallpox