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WnaiHtt, !, T D, mi?ON o. mmiidii
T tMeiil, JlttKIIVtKt WITH VMtM.
CHAPTER XIV.
The sito of tho town of Oskaloo vrna
largely rcsponsiblo. for tliu unfortunate
reputation of its Inhabitants. Its mir
rflnmlingn vrcro mnlnrlnl. Tho vIHmko
lay In a low, marshy district, encircled
oo thm sides by stagnant stream, A
(tamp, offensive, dcproMltiir mint crept in
At evening, to brood nliovo it silent
streets and distribute fever nml njrtio
with a generous hand. Tho only avenuo
or eecapo rrom this piaguo InreBtwl cm-de-sao
was tho trail road which led nn
devlatlngly out of town to tho prairie
Sad hills toyond. It was thoroforo
With A feeling of misgiving that tho
wary travclor descended It. A similar
se ntiment prompted sojourner in that
"happy rnlloy" to docornto trees and
bowlders by tho wayside with warning
placards and inscriptions. "Sacred to
the Memory of Blank's Pills" was tho fly
lag testimony of ono unfortunate.
Perhaps it was In connequenco of theso
depressing atmospherio conditions that
stimnlating bovcragos wcro appreciated
at Oskaloo. It would soem that an im
pression existed that the vislblo popula
tkm varied directly in proportion to tho
presence and availability of somothing
to drink.
"There didn't seem to bo cnongh clti
ens nbout to justify an cntcrprlsln cen
tos clerk," Judge Natchcu had remarked
to Sheriff Mosely after n preliminary
visit. "Has there boon an earthquake
or an epidemic, or what?"
"I reckon not," Mosely rejoined, with
a humorous twinkle of tho oyo, "but I'll
allow, jedge, ye didn't give tho boys any
encouragement. Now.ef yon'd 'a' thought
to set out a pail of old rye and a tin dip
per on thet thar stump in front of tho
blacksmith's shop, you'd V seen a con
stitcoency to onct thet would 'a' glad
dened jrer eyes, It's my opinion," tho
Sheriff continued in easy disparagement
Of k4s birthplace, "thet's about the only
way an accurate and satWyin census of
tha popnlaMon of Oskaloo can be took."
Although the particular stump in front
of the blacksmith's shop referred to by
Mr. Mosely was vacant on the morning
of the 8th of September, the crowded
condition of the main street justified tho
suspicion that some similar attraction
was in the neighborhood. The additional
fact that the temper of the gathering
was genial strengthened this opinion.
When It ta added that actual hilarity
and mirth prevailed in theVklnttyof a
certain saloon which Mr. Bw1 Jerrold
had recently made' hU headquarters,' tho
situation will not admit of further doubt.
With the arrival of Mr. Jerrold a hogs
head of spirits was immediately put on
ftp at the Long Divide tavern-n face
ttone title supposed to refer to the pre
ikm mfnqnenoy of drinks at that well
Sefhnsi jenepiussptf The lockUeseHi-
aes, nrtng race to race with dyspepsia
;nd n complaint popularly known aa
"uum agerr rawed at the call as at the
ound of n clarion.
It was frankly announced by Mr. Jer-rcld-albeit
without the knowledge of
Henry Bruce-that' the'"flow of soul"
thus inaugurated at Oskaloo was entire
ly at the expense of the prisoner at the
bar. It was even suggested that this
generosity was a gratuitous tribute on
hk part to the esteem in which ho held
the inhabitants. There was a transpar
ency about this statement in view of the
coming trial which was ingenuous and
charnlng. : Howbelt, the potency of the
tribute seemed to disarm criticism.
A strong undercurrent of sympathy
was apparent in favor of the prisoner.
He was regarded In the light of a public
benefactor,- When this opinion began
to manifest itself openly, the district at
torney inade.Kn effort for impartiality
by attempting to impanel a jury and
wra Mem jaiooc rrom ute spirit of phi
Issrthropy which wm bromine enktemic.
HewasmetbyaslngularobsUcl; fully
wis half of the citiaenaof Oskaloo vol
uutaered their services as jurymen., At
tWi unheard, of proposition' the. legal
tsnttemsnpyinltWd matters to. take
tnefc own course. 1
Jtoeelyididnot hesitate to' contribute
ta quota to the favorable opinion, This
Wiibyrn tTaphio and thrllUng account
of the trie' performed by Bruce with
the "Smith Wesson" revolver at tho
8an Marcus ball. So far from prejudic
ing tlie popular feeling toward Bruce in
regard to tho killing of Foraker, it gave
an Impression of proficiency with tho
pistol so remarkable as to amount almost
to justification. ? It began to be believed
that it would.be little short of acrkno
to .deal harshly with one so gifted.
M-TW tow HH1 uura uikk mm
- clean, boys, and siting them cartridges
ngnt ana lert so tnat Lrem was nowhar I '
Mr. Mosely repeated, illustrating tho act
by practical manipulation of the de-
4 eeased horse thief's weapon. An awe
u', fell upon the company. It was apparent
t '' mac a aero in amenities ana not a man
' m jeopardy of hU life awaited tlie re
V" pectful consideration of the citiaens of
V - Oskaloo,,
' ' When, therefore, Phil Kemochan ar,
;-. ' Head, bringing with him Henry Bruce,
I V Judge Hatches and Colonel Hunt, who,
a with a few of his troops, had joined them
-"''the interests of order, and justice.
', '.there was n rush to aee the prisoner and
something like a pubUe demonstration
, . ttomptod. Colonel Bill Furey, the prose-
mnasg Mcomey, viewed tala proceeding
withUl favor.' He glanced' appeallagly
stlmtoiPemberton.'who had dismonnt-
Bii'l good humor hikkcriui tlio audience.
No hoouer wero tho few chairs nud
benchen oxhausted than tho throng clicrr
fully availed lliomnclvci' of tho floor and
window hIHh of I ho court, Hero, packed
in on every sldo llko wtrdlncn, they
rvincod tho liveliest intenwt in tho pro
cmllngn. A difiK)tltlou was apparent
to nsniHt tho lawyers in selecting tho
jury. As each innu's nanio wan called
ho wiih greeted with cheers and cries of
cncouraKotneat, and nny reluctanco to
sorvo provoked a utorm of opiioidtlon,
Under theno circunintauceH tho pre
liminary hUHliietut of tho trial was not
transacted without somo delay and Irri
tation on tho part of judgo and lawyers.
By tho tltno tho jury was sworn his
honor had worn himself nut in his efforts
to presorvo order, nud tho audience had
shouted itself hoarse in nbuso and per
sonalities. A feeling of exhaustion super
vened. It was apparent that something
must bo dono. When, therefore tho
prisoner's counsol roso In his place to nd
dress tho court, ho received tho atten
tion of all present.
"Your honor," nald Judgo Natchez,
mopping his heated brow with a red
bandanna handkerchief and regarding
tho flushed fcaturcH of tho justice, who
sat indignant, arbitrary and collnrliw,
at tho head of tho long tnblo that an
swered for tho judicial bench, "beforo
proceeding to trial I would state that
tho preliminaries of this ciiso have been
powerful tedious, and I submit that tho
grnvity of tho Indictment necessitates
that this court adjourn and tako n
drink."
There was n dead sllenco. All eyes
wore fastened ioii tho judge. His hon
or reached silently for his hat, and draw
ing it over his eyes storied abruptly for
tho door. His example was followed,
In precisely threo minutes after this pop
ular proposal of tho prisoner's conusel
tho courtroom was vacant.
It appeared subsequently that during
this interval n singular rivalry wa man
ifested between Mr. Buck Jerrold and
Judge Natchez at tho bar of tho Long
Divide. It was in tho matter of forti
fying the jury against tho eloquence
of opposing counsel. Tho solicitude of
both parties was great, and tho rivalry
keen so keen in fact that tho "IS good
men and truo" grow mellow and philo
sophic under treatment. Seeing which,
Judgo Pembcrtonfclt called upon at last
to thump loudly upon the liar with his
empty tumblor and order n iicremptory
return to tho courtroom. This being
dono, his honor laid aside his coat and
vest, and rising to his feet addressed tho
assemblage briefly.
"It appears," remarked Judgo Pembcr
ton vaguely, frowning darkly in evi
dence of the affront afforded his judicial
dignity by recent events "it appears
that a disposition is on foot to defeat the
end of justice by tamperin. with' this yer
jury. What I knows, I knows and seen
myself. It hea got to be stopped, or I'll
impose fines here for contempt of court
thet'U bankrupt the hull county to pay
'era. Ea to how much the counsel in this
case, their friends and the audience gen
erly feel called upon to hoist in order to
grapple with the case In hand I hev Both
in to say. Thet's their bitnees. But thet
thar jury is mine, and I propose to run
them myself. Sheriff Mosely, you will
quarantine thorn 13 men dnrin dinner
and until they reach a vardict. I hold
you pussonally responsiblo for tho mental
condition of tho bull caboodle."
This severe rebuke cast a temporary
gloom over the courtroom that his hon
or's complicity in the recent conviviality
could not entirely subdue.
When at length tho case of "Tho Peo
ple vorsuB Henry Bruco"was formally
opened, it appeared that tho district at
torney would "call the nttention of the
intelligent bench beforo him to one of
the most cruel and blood curdling mur
ders of modern times," Tho incredulity
with which tho jury received this an
nouncement was decidedly discouraging
to
peered, however, that this version of the
case rested on the attorney's unsupported
kmv ywjitum icyiviKTUiaUYU 11 RT-
statement. There were no witnesses to.
the highly ingenious and thrillimr assaa.
aination of Captain Foraker which he
proceeded to set forth in detail.
When he attempted to offer in evl.
deuce the testimony of the sergeant; of
Foraker's men aa to what Lemuel Wick
eon had told hltn of the affair through
the windows of the jail, Judge Natchez
promptly objected. In the langungo of
the prisoner's counsel. "Wljereaa Lera
Wickson was deceased, contrary toln
own expectation, this fairy tale of thet
thar boss thief was no nntomortem state
ment." Shoriff Mosely was now sworn
and testified that at tho time of tho
affray between Foraker and tho pris
oner Wickson was in close custody and
somo three miles from both nartira.
"Pr'aps, boys." said Iko. winkini craft.
ilyat certain of his fellow townomen
ranged on tho jury bonches, "you'll Kit
thet pottyfoggtn old skeeslcks deludo
you into tho idoo that Lem bed the
eight of a Moxican buzzard and could
spot the hull situation from thet thar
distance!'
But hero Judgo Pcmberton. whoso iu-
dicial conscienco was now thoroughly
aroused, asked tho shoriff on which side
of the case he was retained and called
him sternly to order. Ike orravelv de
scended from the stand after assuring
the jury that he was on tho same side as
his honor and all lovers of law and jus
tice. lv
It was then developed that all the evi
dence in the case rested upon tho unsup
ported statement of Henry Bruce, who
was sworn in his own defense. He was
naked to give an account of the killing.
which be did in a few direct and atmnle
words. The sincerity of his manner, the
dignity' of hia bearing and' the quiet
wanltnem of Bruce in hk trying position
M lie weight with Ms judges.
But there was one fact which more
anything else compelled the rever
of this Lone Star tribunal. It was
Is that the man who stood before
m on trial for his life had been able
disarm an outlaw in the act of bran-
ig a. Smith Wesson -shooter at
1 cock! It may be doubted whother.
view of the recent adjournment,' cer-
or the jury were not in doubt as to
tber the accuracy of this statement
was not tho real causo at issue. At any
t-ato tlo foreman permitted his features
to rolax in smiling scrutiny of tho pris
oner during tho taking of his testimony.
Nevertheless It wnn with mixicty in
his face nud manner that Mr. Uuck Jer
rold approached Sheriff Mosely when the'
court tooK n recess ror dinner.
"What's up?" luqulred Ike, noting his
companion's expression. "I reckon tho
provnlliu opinion Is favorable, Buck," lie
continued, glancing In at tho open door
of the tent where tho arbiters of tho fata
of Henry Bruco wero serenely discuss
ing their noonday meal,
"Thet's jest it I" replied Mr. Jerrold.
"Tho opinion is favorable now. Iko. but
sonco you'vo got that jury quarantined
how long is it goln to last? Yon must
keep 'cm up to It! If I could only con
trivo to roach 'em with this universal
pannyseer that makes 'em so charitably
disposed, well nnd good. I know the
town, yo seo, nnd it's gln'ral sentiments.
Whon tho reaction sots in, thoro's no
holdln 'em."
Tho gloom of Mr. Jerrold's manner
gavo tho sheriff n senso of conviction.
Holiecnmo thoughtful nt once. Sudden
ly his oyo brightened. Ho drew himself
up to tho height of his small figure and
brought his right hand down with n vig
orous sinp upon tno shoulder of Buck
Jerrold. It seemed that all tho nervous
energy of his nature was concentrated
in tho two words ho whispered:
"Iced teat"
Closing ono cyo gravely upon tho re
cipient of his information, ho returnod
to an apparently watchful scrutiny of
tho twelvo occupants of tho boarding
tent.
In a surprisingly short spaco of timo a
bovcrago proffered under tho nbovo tltlo
and bearing a strong resemblance in
color nt least to tluit familiar metropoli
tan drink began to circulate about tho
deal board and achioved instant popu
larity. When tho jury left tho social
board it was with no porcoptiblo lower
ing of mean or manner, and it was oven
remarked that tho easy roll affected by
some of them was more in keeping with
tho locomotion of tho jolly jack tar than
tho dilatory stop which usually distin
guishes tho Texan.
I pass over the able and eloquent
charge delivered by Judgo Pcmberton as
not strictly necessary hero. Enough that
his honor's exposition of the law was
mado with tho assistanco of certain
notes ami hieroglyphics, recorded with a
piece of chalk on a pine shinule durimr
tho progress of tho trial. Enough that
ho emphasized his points by carelessly
tapping tho bench with the handle of a
colt's 6-shooter, which ho had recent
ly taken from his belt to serve the pur
pose of the customary gavel, Enough
that when he defined the law in accord
ance with a certain state of facta he
staked his. legal reputation and a casual
00 on the strength of his position.
Judge Pemberton did not direct a ver
dict, though requested so to do by both
Judge Natchez and Colonel Furey, not
withstanding the fact that this was a
criminal action. It was apparent that
hia honor desired to be just. It was only
when he dropped the suggestion 'that
"frontier captains bed been givin ftfe
much lately to runnin towns in Texas"
that he was supposed to betray hia own
personal convictions. But ho retrieved
this false step by an appeal for justice
that electrified the courtroom.
Amid a breathless silence the lurv left
the benches and repaired to tho neigh
boring stable to deliberate upon their
verdict.
In the, little courtroom Judge Pember
ton relaxed his dignity. He lighted a
black clay pipe, tilted his chair back,
aau Biacxing uom nis cowmue boots on
a dilapidated lawbook clasped his hands
behind his head in dreamy contempla
tion of the moldy ceiling. The prisoner
and his counsel conversed in low tones.
A sudden nasal murmur shook the court
room. Tho avenging spirit of Justice
was beginning to nod.
There was a quick shuffling of feet at
tho doorway and a hurried rush for the
courtroom. Thejuryflledsolemnlyback.
The prosecuting attorney entered hastily
among tho thronging citizens, suspicious
ly wiping his lips with his red bandanna.
Judge Pemberton awoke with a pro
longed snore, and grasping his 6-shooter
immediately rapped for silence, unfor
tunately in sleepy criticism of his own
nasal efforts. Staggering hurriedly to his
feet, ho adjusted his glasses and frowned
89verejy upon the aereno and complacent
lw. M .
"Eoys'Xald his honor gravely, "hev
you agreid,fcpon your vardict?"
"I reckon sovjodgo," roplied tho foro
yxaxxt with ebrn d grin.
"How say ypuv,Ia tho prisoner guilty?"
"Guilty?" t'tmYed tho foreman with
an tacrodulouf) isnyf "not much!"
0fe"
) i .
3
'.ANJ.V'
'-.
W
'ChttUyr' retumrd the foreman with an
uwicauiou uniir "not much!"
"How hev you found, then?" inquired
his honor,
' "Waal, jedge," the foreman responded
familiarly, while he leaned unsteadily,
on the legal table and comprehended the
entire assemblage in a single philan
thropic smile, "ye see, it's about like"
this. Wo've sized the sltooation up and
been over the whole bizness. Hero's the
JUeased knows how peart the prisonor fe
with a 6-shooter, and thet it'svolunury.
wlcldo to go ag'ln him; accordin'ly hf
gits billn full and allows to lay him outi
natch'ally diseased goesjunderj'and'vfs
iiiowm nut, guilty, owm io eon-
tribetary negligence on the part of kd&
eased."
VW ITTi I
jfti&i 'm -i .
Wto...iSO JLW JKm.
smmVJTu JfsWasr'u vflmwJmV'
Ira, w
mfilll j ) ill ' "jfjBVLw-
to bk ooNTirtur.D.l d
IT MAKE8 A DIFFERENCE.
ftoforu tlio looking id" tho culloiv youth
Of rlghlrcn )cnr ilolh stntnl, with nnzlou
fscct
Lonir months lie's tcmitictl Ills iipikt lip, In
sooth,
Ami now nt tlio mtiMnrlic lie llnOs n trace.
"At InMl" (How ulnd tho shout!)
"Tlie hnlr Is coming out."
How illnVrrnt Ills emotions, tliouuli, when at
Tho ko of fifty, lie, beforo thn glnss,
Burteys Ills crown ami realises that
With all his cans tho bald nous shows, alas!
And that, beyond a doubt.
The hair is comlnit out! Truth.
He Waa Ton Killing-.
Jane wanted to go to the circus, and John
wanted to go to tlio theater.
"We can go to tho theater any time," she
said, "but tho circus is hero for only a week,
and wo have not always the chance of going
to It."
"Well, ns you like," said John, "but nb
low me to say this, I will not bo responsible
for tho consequences."
"What consequences?" asked Jane in sur
prise. "Theso consequences," answered John
gravely. "Suppose ono of the lions should
break out of his cngc while wo wcro there.
It's all over with you"
"AH over with met"
"certainly. Tlio lions .ain't blind, are
theyf"
"N'-no. But what has that not to do with
mcf"
".fust this. If you look to mo to bo
sweet enough to eat, bow will you look to
a raging, roaring, hungry lion? Ho will
think you are n delicious morsel, and you
are itone."
"But, John, there will be other girls there
besides me."
"I know it, but you will bo tho sweetest
one there."
"Very well, John, dear; I think, darling,
wo'd better go to tho theater." Spare Mo
ments. She Preferred to Stand.
"Tako this scat, madam."
Tho Broadway car was crowded, and a
young lady with a-strlklngly beautiful face
and sylphllko flguro had just entered as
theso words wero uttored. The speaker, a
flue, manly little fellow of 1,1, had risen at
onco and stood smilingly in front of her,
prompt to obey the generous Impulse that
had inspired him. Bo unusual a sight in
New York could not but awaken surprise.
The passengers craned their necks. Some
tittered audibly, and a horrified look camo
over the face of the fair iiossengcr as she
indignantly turned her back in the face of
the precocious youth, who straightway re
sumed his old position.
He had been sitting on his father's knee.
Truth.
I1U Regret.
The two tramps had been wandering
about from back door to back doorlnause
less search for a bite, as almost every place
they visited was closed for tbe summer.
"Anybody at home?" inquired Willie,
waiting in the alley as his friend came out.
"Naw," was the disappointed response.
"Where are they?"
'"Gone to the World's fair."
Willie sighed.
"Brother Walker," he said sadly, "when
I think bow this World's fair is ruining our
business, I almost wish' Columbus, hadn't
discovered America." Detroit Free Press.
Explained.
An Irishman went to a lawyer with a
Lse, but the attorney wanted a retainer.
The Irishman was poor, and finally the
lawyer said he would take the case on
contingent fee. It was settled, but tb
contingent fee part of the agreement both
end the client. He confided his ignorance
to his friend Paddy, and asked for an ex
planation: "An tt is the mcantn of a con
tingent feo yer after knowin? Sure, I'll
tell ye. A contingent fee means that if ye
lose the case the lawyer gits nothln; if ye
win, you get nothln." Green Bag.
Not Her Fault.
An old woman who kept a "village shop"
auu posioinco commuwi in a remote coun
try parish wiih continually impressing upon
her customers tlio ft:ct that she always sold
tho best of everything. One day a lady
walked in to purchase some stamps.
"Dear me, Mrs. Fell," she said as she
proceeded to Btntnp her letters, "I cannot
make these stamps stick."
"I don't know why, I am sure, mum,"
replied tho offended Mrs. Fell, "for I al
ways keep tho very bent." Tit-Bits.
"Quite Apparent."
-Life.
Very KRectlve.
A certain French surgeon and professor
of medicine, dissecting one of his patients
at a clinic one morning, who, he asserted,
had died of Internal inflammation, a cer
tain process of which ho contended was the
cause of every disease, wan tumble to find a
trace of It. Ho explained the circumstance
to his pupils thust
"Messieurs," said he, "our mode of treat
ment, as you see, was thoroughly effective.
Our patient Is dead, but he died cured."
Bulletin Mcdlcale.
Filial Obedience.
Mrs. Drown (angrily) Didn't I caution
you not to make a noise with that horrid
tin whistle?
Little Johnny (quite crestfallen) Why,
pa told me to.
Mrs. Brown You naughty boy I Vou
snow very well he didn't.
Little Johnny (pertinaciously) Oh, yes,
he did, mat I asked him to buy me a bi
cycle, and be said I should have to whistle
for it Yankee Blade.
Society Note.
Wife (at an evening party) Don't you
think, dear, that Mlsx Alice has something
manly about her?
HusbAh'ft"' (after a giauee at the young
lady in question, who Is sitting in a re-
mote corner of the room in close proximity
wnunuiBi nuiiiirrr perceive notuiug
except tho arm of that dude, Gus de Smith.
Texas Sittings.
It Wm Chicken none.
"Come here," said the old maid to her
false teeth; "I have' a bone 'to pick with
fou. Truth.
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