511
, VUtN,lMVfi mi9 0flESBiT
Tiie Annual
m
A CIRCUMSTANTIAL. EVVZNCE"
c5T0JeV
THEGASZ
up
DISMUlL
rwm mm
, HAVE attempted to
vary these stories
of circumstantial
( v i d e i! e e," said
Jurtne nturgis at
the weekly meeting
of the Calf Skin
club, "by putting in
my little ciiiitribu
tion to this sym
posium in the style of fiction. The
fart 3, however, are drawn from my
own experience. As it is my first at
tempt at anything outside the paths
ot legal Mt err t ure J crave the indul
gence of you all. With your permis
sion 1 will read my story." The judge
then read the following narrative in
a manner that showed be had not,
during his years on the bench, forgot
ten his early dull before a jury.
' Jim Dismukes sat in mute resigna
tion and stared into be fare of the
Judge; that stern yet sometimes kind
ly old face that meant so much to
Jim. He wondered in his simple way
why there should bo so much of
trouble and 60 much of solemnity
about so unimportant a member of
the community as himself. He won
dered more than all why that terrible,
ur.kuown thing called the law had
6cen fit to drag hini from his little log
home and keep him through those
long months shut up behind the
barred windows of the modest county
jail while, except for the doubtful at
tention of "Itill," his half-grown boy.
the Hula ten-acre patch might be
growing up in ragweed and cockle
bur. Of course Jim knew that, one da-rk
and forbidding night a traveler tramp
ing homeward along the little fre
quented highway that ran into the
timber just beyond his place had
stumbled over tin- body of young Ar
thur llallard. Jim knew people said
Ballard had been murdered. He knew
when he went with the crowd to look
at 1 lie body tiy tne dim. early morn-:
Ins light, he had seen that reeking.)
horrible gunshot wound in his breast, j
and he had trembled and grown pale.
He knew he was charged with filing
the shot that made that wound. And
Jim also knew, deep down in his own
heart, whether or nut this charge was
true. Jim knew, and this knowledge
ft was now the duty of a judge, twelve
men aad a state's attorney to drag
forth.
As Jim sat before these terrible
Inquisitors and watched the changing
play upon the countenance of the
judge a tow-headed, stubby-nosed
baby slid from his mother's lap, nego
tiated the distance to Jim upon all
fours, and began the perilous ascent
of hi long and awkward legs. Jim
hent over and putted the little head,
but Pally Ann grabbed the child to
her lap again with the whispered in
junction: "There now, Ruddy mustn't bother
pappy. Pappy's busy."
Tappy" was Indeed busy.
The Inst mnn of the panel had Just
been accepted by both sides.
"I wish I had 11 more Just like
lilm," thought Clay Sheppard. the
young aud ambitious state's attorney,
as he passed the veniremen over to
the defense.
"I can trust hini nt least to give
Jim a square deal," thought old Tom
Robinson who had volunteered to
save ,11m. if possible, pimply because
he couldn't help doing kind deeds
any more than he could help llvins,.
The twelfth man truly was an
ideal juryman. In a small commu
nity the questioning of a venireman
is largely n matter of form. Either
the slate or the defense can tell long
before the trial by looking over the
list of veniremen what men they would
like to have on the jury. Amos Watson
was one of those who would have
been picked In advance by both sides.
A farmer of expansive acres, which
lay In the high priced prairie beyond
the timber of which Jim's place was
a dealing, he was Identified with nil
that was progressive in the commu
nity. He was a deacon In the church,
a director In the bunk, an officer In
the county fair association, and, In
fact, held most of those honors which,
beyond the city, are the capstones of
success. He was Indeed an Idenl Jury
man. In the city he would have been
challenged for cause, for, with all
the rest of his good qualities, he was
Intelligent.
The attorney for the state then
arose for his opening. As he de
scribed with the minutest detail Jim's
movements upon the fatal night. Jim
writhed nnd would have given all the
world, yes, even his precious ten
acres, to have escciped the utaros that
summed to barn into the back of his
wrinkled neck. At the same time he
vaguely wondered how the state's at
torney knew things about him that
he didn't know himself.
Then old Tom Robinson brought
tears to Jim's eyes as he referred cas
ually to Jim's "devoted wife, his hon
est faced boy, soon to grow Into man
hood and the little Innocent bobe that
prattled at Itr, father's knee." Older
and irterner eyes than Jim's would be
I
bathed in tears when Old Tom Rob-,
inson returned to this motif In his
cltsing appeal.
And the evidence began to pile up
that, s-.-nt Jim fanner and farther
away from the little log home and
the ten acre patch. Circumstantial nil
of it. but each link forged and pol
ished into a perfect chain that it
would take a stronger hand than
.lira's o break. There was the quar
rel over the sucking pig that young
Rnllard killed while driving over the
big prairie farm lu his light top buggy
to hit it up with the buys in town.
There was the story of Jim's way
laying him, as with a companion, he
dashed back ugain late in the night.
and much the worse for his evening s
"fun." of Jim's catching his horse's
bridle and demanding payment for
the worthless runt; and then of the
cruel, stinging backhanded cut
across the faco with Rallard's buggy
whip and Jim's sullen threat "to git
even with tho damned stuck-up ef ho
had to fill him full of buckshot."
And there was the evidence of Hal-
lard's often walking home past Jim's
house and through the timber, when,
with the open heartedness that was
one of his many weaknesses, he had
loaned the mare and. buggy to some
one of his cherished town compan
ions; of the finding of the body just
beyond die Dismukes fence corner;
yes, even the marks of feet that Jim'e
boots fitted so evnctly.
Then the state's attorney sprung
the star witness, a mute one but with
a story so plain that duller jurymen
than these 12 could huve read It
from afar. It was but a circular bit
of newspaper probed by tho doctor
from the wound In Arthur Rallard's
breast. Alone It meant nothing.
Fitted Into the newspaper found un
der the Dismukes family bed. with
every indenture Interlacing with a
nicety that could never have been ac
cidental, It was as damning as the
warrant of death Itself. Then there
wns the inunisle loading shotgun be
hind the door, freshly fired, according
to tho firm opinion of well qualified
experts in the person of local sports
men and tho village gunsmith.
What hnd Jim Dismukes to offer to
all this crushing weight of evidence?
What mattered It though he declared
in an aggrieved tone to the Judge,
whom he persisted In addressing In
stead of the Jury: 1
".ledge. 1 found that paper the
niornln' I went to look at the corpse.
I fetched It home fer Hill's jest learn
In' t' read an' I thought as how he
niought spell out some o' the news
f me an' his ma. I Jest shoved It
nnder the bed an' fergot all about
it. As fer shootln' the gun, 1 reckon
that part's kertect. I shot heT eua
most every day, an' we hed rabbit
thet evenin' by reason of me shootln'
it. Rut 1 ain't neier kilt nothln' but
critters an' varmints '1th thet gun.
Honest. 1 oln't Jedie."
Of what avail s tho evidence of
young Rill that on Ihe night In ques
tion his father had not left the house
but had sat up nearly all the night
blowing tobacco rineke Into young
T;7.rUil v- " iHTS 'JfT.r,T V-i-TL 4 11 .
rti i u,f v mi i . r i '
I Or VMV Vv H II
m mmm&
1
i
3w
Rill's ear for the ear ache. Rut then
what match was young Rill for nn as
tute and ambitious state's attorney.
It might have been some other night
that young Rill had the ear ache.
He had it many times, and young Rill
wasn't very strong on the calendar,
anyway. The evidence of Sally Ann
might have corroborated that of her
Mist born, but a wise and beneficent
law holds such evidence prejudicial
to the minds of jurymen, and a wife
cannot come to her husband's aid In
such a dire extremity.
The usual character witnesses, the
last ditch of a tottering cause, put in
the usual evidence that Jim His
makes had always borne a good rep
utation In bis neighborhood for
peaceableness and quiet, and this evi
dence was duly torn to pieces under
the cross fire c. the prosecution.
When the arguments came at last
Jim again sank down as far as pos
sible in his car-bottomed chair and
stared in wonder and admiration at
tho ambitious yotins state's attorney
as he writhed and perspired In a burst
of oratory that p-.ilnted Jim Dismukes
a terrible, blood sucking monster v"
Ing up and down the earth seeking
whom he might devour; as he threw
back his long black hair and raised
his trembling hands to the cracked
celling and called down the ven
Rcanco of high heaven upon, the foul
murderer of Arthur Rtillard.
Jim wondered if God could seo the
stute's attorney through the cracks
in the plaster. Sully Ann hugged Rud
dy to her breast and wept softly. OM
Tom Robinson hoped tho jury su.
her.
And then everybody wept when old
Tom rose and got his foot on the solt
pedal. Even the Judge burled his
heud in the record before him
and blc his nose tunefully. The
state's attorney began to wonder if
being the stern avenger of an out
raqnl law was such an honor, after
all.
Jim listened Intently to the judges
Instructions, but could make neither
head nor tail of them. Something
about mallets, be thought, but he
couldn't lemember anything about
mallets, and he had understood all
along It was a shotgun. Rut the Judge
knew better than he did, perhars.
When the Jury filed off Into the
little room tack of the Judge's ros
Hum, the tension broke and the court
mimn
: Hi mi
If
i
a
r v
.mined like a hive of bees.
Above the hum' could be heard the
scratch, sera Icli, scratch of the
judge's pen as he wrote up the chancery
i cord.
Jim felt like a shipwrecked Bailor
who bad a breathing spell In his light
for life during a lull In the storm, lie
piayed with the crowing and strenu
ous I'uddy and when he thought no
body was looking seized and pressed
Sally Ann's work worn hand.
"ICt's all right. Sally," he whispered.
"Mr. Robinson, he fetched 'em, I
reckon."
The minutes dragged Into hour;?,
aud the Jury had not returned. The
judge fidgeted and finally sent a bailiff
to inquire if the jury wished any fur
ther explanation of the law. As the
shadows through I he small paned win
dows lengthened into evening the
word came that tho 12 were In hope
less disagreement. Something at the
judge's waistband reminded him that
Ii!:; supper was getting cold and. he
ordered tho jury In. The whisper
went round that they stood 11 for
conviction and one for acquittal.
Only mental telepathy can explain
how news like this flies through a
crowded court room.
The judge was ungry. He had
two powerful motives fcr unger, hi.)
spoiled and sodden supper and the
double cost to the county In another
trial. He mentioned only one of these,
however, In his scathing rebuke to
tho 12 men that stood before him. Ho
reminded them that they had failed
In their sworn duty and were un
worthy to bear the name of rltlxen.
Then stood forth Amos Watson, the
Ideal juryman.
"May I have the permission of the
court to say n few words," he be
gun. "Eleven men on this jury are
not deserving of this rebuke. One
mnn deserves It all nnd more, i am
that man. I have held nut In this
case for acquittal and as my fellow
Jurymen labored with me to bring me
to their way of thinking I have fought
out a battlo with myself nnd my
maker. It has been a fight that has
extended beyond this court room back
six months to the time of the death
of young Arthur Rnilard. It has been
with mo waking and sleeping. Rut
now, thank Clod. I have ion the vic
tory nnd 1 am iciidy to tell this court
why I conld not consent to the con
viction of Jim Pismukes for murder.
It Is only because he Is Innocent. I
kllied Arthur llallard'"
There whs a bush, and then a mur
mur and then a roar which it took
the combined rupplngs of the sheriff
and all hh deputies to quell.
"(Jo on Mr. Watson, fell hat jou
have to tell," sternly comanded the
JndRc, as the "ideal juryman" stood
and nio ;ed his brow.
"Yes. judre. I will tell It all. I
l'.
killed Hullmi. I wailed for him in
the bushes by tile side of tic road
where I knew he would pass, and 1
shot him down. So o rtain did I seek
to make good my work that when I
recalled that, my shotgun had boon
loaded for some time, I drew the load
as I waited arid put in a fre:ih one,
wadding it with a piece of newsiapor.
The rest of the newspaper I throw
into the bushes, anil Jim told the
truth when he said he found It there.
It is true that Jim's boots fitted In
the trucks, and I wonder that Tom
itobinson did net inquire where Jim
got his boots. Well. I gave them to
hi::i."
"When Jim was arrested I wanted
to (oil, hut 1 could not. I put the
terrible truth off from day to day.
Always tomorrow 1 was going to lift
the weight from my mind, but 1 look
ed nt my position In the community,
at my family and at all the things
that mea:i so much to a man and I
could not.
"When I found myself drawn on
Ihe jury the devil tempted me to ac
cept aad secure Jim's arquiltal. Then
he would be free and no one would
ever l.now. ll.it the evidence wan so
strong that my arguments were
weak against my fellow jurymen. r
knew then that the truth had to romo
out. 1 knew that another Jury would
hang Jim. And then, thank (!od, the
victory was given to me and if you
knew the load of remorse and agony
that the telling lias lifted from my
shoulders you would not wonder at
my coolness."
"Rut, Mr. Watson, you bad a mo
tive, u strong motive'.'" queried tho
Judge.
"Yes, judge, I bud a motive, a
strong motive. You have a daughter,
judge. So have I. You would not
want to see your daughter's name
dragged in the mire of a case like
this. Neither do I. Rut I had a
strong motive."
"James Dismukes Is discharged
from the bur of this court, nnd tho
court regrets the Injustice that has
been put upon him. The sheriff will
take Amos Watson Into custody.
I'm sorry for you Amos. I'm glad
for you, Jim." said the Judge, hastily.
"I knew Mr. Robinson would fetch
m." cried Jim Dismukes, loyal to
the Inst as he lifted Ruddy In his big
strong hands and kissed the dirty,
chubby face.
It would 'not 'be becoming in the
author of these narratives to mention
the reception accorded by the Calf
Skin club to Judge Sturgis' story.
1 .
"And were you the Judge?'' quer
ied half a dozen members In unison.
"No, gentlemen," answered Judge
Sturgls. "1 was the ambitious young
state's attorney."
iCr Ttf l.t, I'M, by IV. 'J. Otupnma.)
hi.
l','
st
-
In the sprinK it woman's f.inry lightly
liliiiH to cletmlnK lniese,
In lh' rprliiK the Hcmp.v waler mIm!
will vigorously (tmine
On the wliidiiw-Klasn nnd Illinois.
wlillo Iht lilislmnil lilen uwny i
To kdioi- dlimy Spot of refllK"', to es- ,
npe the illrvful d.iy.
In the KprlnR n newer hiIIkIi lints I lie
lunula licil kltelien Move,
In ihe spring your units Mini trous
ers o'er the alley fence lire liovi
i Mn) lie "hove" lx wtmin Id iine here,
lint II surely Ills li e mini.-).
Ill Ihe ispritltf U HniuclKe of eo!iwels
iliecir.iteM II. f h(ii::ie :V'h face.
Ill I lie spi lni: you i nine home weary
nnd U.H lliroiiKh Hie wreck you
creep
You olscover Ihire'H no dinner noil
you've not n pirn to sleep.
Ami when nently you remark that
there oilRht tie a Minor il;ni
For hoiise-clennliifc", nhrlllH u chur
ns: "Huh: Well, Unit's Jimt like
ii rniiti!"
How to Entertain.
If you want to have the Jolllent kind
of an evening parly, have one of the
new ones called nn "Entertaining En
tertainment." The way to do it Is to buy or bor
row n book on "How to Entertain."
Invite a congenial cotcile of
friends ,
(lOxcuse us, we seem to be quoting
from some such n book. Anyhow, get
some people in to spend the evening.)
Now w hen you have them all seated
In a chatty, sociable way (There we
go again, as if this were from the
book. Tell them to sit down).
When they are ull looking at yon
and wondering what to do nl, pull
the book on "How to .Kntertain" from
its place of concealment and say to
them that they will be entertained ac
cording to Hoyle, or whoever Is the
author of the manual on being a host
or hostess.
You mny thus spend an entire even
ing citing authorities to prove that by
doing thus nnd so they ought tn have
a good time.
Ten to one this will make a bit.
P. S. The above Is meant seriously.
Try it.
Carrying It to Extremes.
Once postcarditls gets Its fingers on
a mnn It never lets go. Instead, its
clutch grows stronger und stronger,
until in the end it is Inslduously mas
terful over him as any other habit.
Take the case of Rudford Rllnkum us
an example.
One year ago he began by mailing
a postcard to a friend. Within a week
he was seeking excuces to send post
cards. Ho ordered his clothing, his
conl, his office supplies by postcard.
As the habit became fixed, he aban
doned his vacation trip, and mailed
postcards every day to the people ho
would have visited.
And now he has stopped going to
church. Instead, he mails a postcard,
with a special delivery stamp on It. to
his minister, so as to reach him Sun
day morning.
The flnul manifestation of the habit
Is to mail postcards to yourself. Mr.
Rllnktim's family and friends are pric
ing strait Jackets nnd getting rates,
of board by tho month from sana
toria, i
'-Mfj
Labor Statistic.
"What trade dis s your husband fol
low, madam?" asks the census laker,
holding his pen poised over tho
proper blank.
"I hurdly know," she answers.
"Surely you know what b occupa
tion Is."
'He he is employed In n ladles'
tailoring establishment, where he
makes the pads that fill out the
places that ought to be filled out In
the gowns."
"Yes'm. He's an upholsterer," do
cides.the census man, promptly.
What Is Needed.
'Tnder the modern cold storr.go sys
tem," said the man with the deep-set
eyes, "it Is . possible to kce, food for
Interminable periods."
''So I have read," said the man
with the ingrowing face.
"Meats are kept In such porfect con
dition that it Is possible to have n
fresh meat at any time and In any
place. So with fruits and vegetables
under the modern scientific system
we may keep apples and berries ur.d
potatoes for yars. The same with
eggs, and "
L2v Lr'WVi . 1
