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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (May 8, 1911)
D MW CHARLES KLEIN S , AND ARTHUR HORNBLOW ILLUSTRATIONS BY RAY MALTEItf : CHAPTER XVII. The news that Judge Brewster -tuld appear for the defendant at the py rouchlng trial of Howard Jeffries went through the town like wildfire, -td caused an Immediate revival in the public interest, which was begin i.lr,g to slacken for want of hourly stimulation. Rumor said that there had been a complete reconciliation in the Jeffries family, that the banker was now convinced of his son's lnno nce, and was determined to spend a fortune, If necessary, to save him. This and other reports of Blmilar nature were all untrue, but the Judge let them pass without contradiction. They were harmless, he chuckled, and If anything, helped Howard's cause. Meantime he himself had not been idle. When once he made up his ml nd to do a thing he was not con tent with half measures. Night and day he worked on the case, preparing vldence, seeing witnesses and ex perts, until he had gradually built mp a bulwark of defense which the police would find difficult to tear down. Yet he was not wholly reas sured as to the outcome until Annie, the day following the Interview in his office, informed him breathlessly that titie had found the mysterious woman. The Judge was duly elated; now it was plain sailing. Indeed! There had always been the possibility that How aid's confession to the police was true, that he had really killed Under--wood. But now they had found the one important witness, the mysterl ons woman who was In . the apart ment a few minutes before the shoot ing and who was in possession of a letter in which Underwood declared his intention of shooting himself, doubt was no longer possible. Acquit tal was a foregone conclusion. So pleased was the Judge at Annie's find that he did not insist on knowing the v onian's name. He saw that Annie preferred, for some reason, not to give It even to her legal adviser and he let her have her way, exacting only that the woman should be produced Hit' instant he needed her. The young woman readily assented. Of course, there remained the "confession," but that had been obtained unfairly, 11- wgally, fraudulently. The next Impor tant step was to arrange a meeting at the Judge's house at which Dr. Bern stein, the hypnotic expert,' would be present and to which should be invi ted both Capt. Clinton and Howard's father. In front of all these witnesses the Judge would accuse the police cap tain of browbeating his prisoner Into aaklng an untrue confession. Per nor the captain could be argued into . admitting the possibility of a mistake having been made. If, further, he could be 'convinced of the existence of doo amentary evidence showing that Un- I or wood really committed suicide he oiight be willing to recede from bU position In order to protect himself. At any rate It was worth trying. The Judge insisted, also, that to this meet ing the mysterious woman witness should also come, to be produced at ruch a moment as the lawyer might wislder opportune. Annie merely de manded a few hours' time bo she could make the appointment and soon re turned with a solemn promise that the woman would attend the meet ing and come forward at whatever moment called upon. Three evenings later there was an Impressive gathering at Judge firew ater's residence. In the handsomely appointed library on the second floor were seated Dr. Bernstein, Mr. Jef fries and the Judge. Each was ab sorbed in his own thoughts. Dr. Bern eteln was puffing at a big black cigar; the banker stared vacantly into space. The Judge, at his desk, examined some 1 P1 papers. Not a word was spe Each Was Absorbed In Thoughts. His Own n. They seemed to be waiting for a fourth man who had not yet ar rived. . Presently Judge Brewster looked up and said: "Gentlemen, I expect Capt. Clinton in a few minutes, and the matter will .he placed before you." Mr. Jeffries frowned. It was great ly against his wish that he bad been dragged to this conference. Peevish ly, he said: "I've no wish to be present at the meeting. You know that and yet you sen far me " RCHTTEKIDtPdDD.QTrAW OJM V Y Junge Brewster looaea up at quickly and said quietly yet ctra de clsively: "Mr. Jeffries, It la absolutely nec essary that you he present when I tell Capt. Clinton that he has elthet willfully or ignorantly forced your son to confess to having committed a crime of which I am persuaded he is absolutely innocent." The banker shrugged his shoulders. "If I can be of service, of course I I am only too glad but what can I say what can I do?" "Nothing," replied the Judge curtly "But the moral effect of your presence Is invaluable." More amiably he went ou: "Believe me, Jeffries, I wouldn't have taken this step unless I was ab solutely sure of ray position. I have been informed that Underwood com mitted suicide, and to-night evidence confirming this statement is to be placed iu my hands. The woman who paid him that mysterious visit Just before his death has promised to come here and tell us what she knows. Now if Capt. Clinton can be got to admit the possibility of his being mistaken it means that your son will be fret In a few days." "Who has given you this informa tlon?" demanded the banker skeptic ally. "Howard's wife," answered the Judge quietly. The banker started and the lawyer went on; "She knows whe the woman is. and has promised to bring her here to-night with docu mentary proof of Underwood's sul clde." "You are depending on her?" he sneered. "Why not?" demanded the Judge "She has more at stake than any of us. She has worked day and night on this case. It was she who aroused Dr. Bernstein's Interest and persuad ed htm to collect the evidence against Capt. Clinton." The banker frowned. "She is the cause of the w"hole mis erable business," he growled The door opened and the butler, en terlng, handed his master a card "Ah!" ejaculated the judge. "Here's our man! Show him up." When the servant had disappeared Mr. Jeffries turned to his host. With a show of irritation he said: "I think you put too much faith in that woman, but you'll And out you'll , flud out." ' - Judge Brewster smiled. "That's our object, isn't It, Mr. Jef fries to find out?" he said sarcas tically. "What's the name of this mvsteri ius witness?" exclaimed' the Sinker '.estlly. "If the police haven't beea ible to find her why should Howard's ire be able to do so? There was a eport that she herself was" He taused and added, "Did she tell you irho it was?" "No." said the Judge dryly, "she will tell us to-night." The banker Bounded in his seat "You'll see" he cried. "Another lash in the pan. I don't like being mixed up in this matter it's disagree able most disagreeable." Dr. Bernstein puffed a thick cloud if smoke Into the air and said quietly: Yes, sir; it is disagreeable but unfortunately It Is life." Suddenly the door opened and Capt Clinton appeared, followed by his fldus Achates, Detective Sergeant Maloney, Both men were 1st plain clothes. The inptaln's manner was condescendingly polite, the attitude of a man bo sure jf his own position that he had little "espect for the opinion of any one else. With an effort at amiability he began: "(iot your message, Judge came as loon as I could. Excuse my bringing :he sergeant with me. Sit over there, Maloney." Half apologetically, he idded "He keeps his eyes open and his mouth shut, so he won't interfere, How do, doctor?" Maloney took a position at the far end of the room, while Dr. Bernstein Introduced the captain to Mr. Jef fries. "Yes. I know the gentleman. How do. Blr?" The banker nodded atlffly. He did not relish having to hobnob in this way with such a vulgarian as a graft Ina notice captain. Capt. Clinton turned to Judge Brewster. "Now, Judge, explode your bomb! But I warn you I've made up my mind." "I've made up my mind, too," re torted the Judge, "so at least we start even." "Yes," growled the other. "As I stated In my letter, captain,1 went on the Judge coolly, "I dona want to use your own methods In this mat ter. I don't want to spread reports about you, or accuse you In the pa pers. That's why I asked you to corns over and discuss the matter Informally with me. I want to give you a chance to change your attitude." "Don't want any chance," growled the policeman. "You mean," said the Judge, peering at his vis a vis over his spectacles, "that you don't want to change your attitude." Capt. Clinton settled himself mors firmly In his chair, ss if getting ready for hostilities. Defiantly he replied "That's about what I mean, I sup pose. In other words," went on JudRO Brewster ealmly, "you have found this this boy guilty and you refuse to consider evidence which may tend to prove otherwise." Tain't my business to consider ev idence," snapped the Thief. 1 hat s up to the prosecuting attorney." It will be." replied the lawyer sharply, "but at present it s up to you." x "Me?" exclaimed the other in genu ine surprise. "Yes," went on Judge Brewster calmly, "you were instrumental in ob taining a confession from him. I'm rajslng a question as to the truth of that confession." Capt. Clinton showed signs of im patience. Shrugging his massive shoulders deprecatingly, he said: Are we going over all that? What's the use? A confession Is a confession and that settles It. I suppose the doc tor has been working his pet theory off on you and It's beginning to sprout." "Yes," retorted the Judge quickly, it's beginning to sprout, captain!" There was a sudden interruption caused by the entrance of the butler, who approached his master and whis pered something to him. Aloud the Judge said: "Ask her to wait till we are ready." The servant retired and Capt. Clin ton turned to the Judge. With mock deference, he Bald: "Say, Mr. Brewster, you're a great constitutional lawyer the greatest In this country and I take off my hat to you, but I don't think criminal law is In your line." Judge Brewster pursed his lips and his eyes Hashed as he retorted quickly: "I don't think It's constitutional to take a mans mind away from him and substitute your own, Capt. Clin ton." "What do you mean?" demanded the chief. I mean that instead of bringing out of this man his own true thoughts of Innocence, you have forced Into his consciousness your own false thoughts of his guilt." The Judge spoke slowly and delib erately, making each word tell. The police bully squirmed uneasily on his chair. I don't follow you. Judge. Better stick to International law. This police court work is beneath you." Perhaps it is," replied the lawyer quickly without losing his temper. rhen he asked: "Captain, will you an swer a lew questions: "It all depends," replied the other insolently. "If you don't," cried the Judge sharp. ly, "I'll ask them through the me .Hum of your own weapon the press. Onlv my press will not consist of the jne or two yellow Journals you in- Bplre, but the independent, dtgninea press of the United States." The captain reddened. "I don't like the insinuation. Judge." "I don't Insinuate, Capt. Clinton, went on the lawyer severely, "I accuse j ou of glvliig an untruthful version of this matter to two sensational news- ua pers In this city. Tbe-e scurrilous trU tars tried UU yvanc maa i their lamas aad feund hlaa guilty, hut prejudicing the whole oornmunlty tffainst him before he comes t trial. In no other country In the cmnie world would this b tolerated. sioevt in a country overburdened with free dom." Capt. Clinton laughed boisterously. 'The early bird catches the worm," he grinned. "They asked me for in formation and got It." Judge Brewster went on: "You have so prejudiced the com munity against him that there Is scarcely a man who doesn t believe him guilty. If this matter ever comes to trial how can we pick an unpreju diced Jury? Added to this foul injus tice you have branded this young man's wife with every stigma that can be put on womanhood. You have hint ed that she is the mysterious female who visited Underwood on the night of the shooting and openly suggested that she is the cause of the crime." "Well, It's Just poHHible," said the policeman with effrontery. Judge Brewster was fast losing his temper. The man's Insolent demean or was intolerable. Half rising from his chair and pointing his finger at him, he continued: 'You have besmirched her character with stories of scandal. You have linked her name with that of Under wood. The whole country rings with "Yov Have Bstmlrchsd Her Character with 8torlss of Scandal." falsities about her. In my opinion Capt. Clinton, your direct object is to destroy the value of any evidence she may glv in her husband's favor." The chief looked aggrieved. "Why. I haven't said a word." Turning to his sergeant, he asked '-liars L Maloner?" 8lf DO Hut these sensation mongers have!" cried the Judge angrily. "You are the only source from whom they could obialn the Information." "But what do I gain?" demanded thj captain with affected Innocence. "Advertisement promotion," re plied the judge sternly. "These same papers speak of you as the greatest living chief the greatest public of ficial oh, you know the political value of that sort of thing as well as I do." The captain shrugged his shoulders. "I can't help what they say about me," he growled. 'They might add that you are also the richest," added the Judge quickly, "but I won't go Into that." Again Capt. Clinton reddened and shifted restlessly on his chair. He did not relish the trend of the conversa tion. "I don't like all this, Judge Brew ster 'tain't fair I ain't on trial." Judge Brewster picked up some pa pers from bis desk and read from on of them. "Captain, In the case of the People against Creedon after plying the de fendant with questions for six hours you obtained a confession from him?" "Yes. he told me he set the place on fire." "Exactly but It afterward de veloped that he was never near tha place." "Well, he told me." "Yes. He told you, but It turned out that he was mistaken." "Yes," admitted the captain reluc tantly. The Judge took another document, and read: "In the case of the People against Bentlo.y." "That was Bentley's own fault I didn't ask him," Interrupted the cap tain, "lie owned up himself." Turn ing to the sergeant, he said: "You were there, Maloney." "But you believed hlra guilty," In terposed Judge Brewster quickly. "Yes." "You thought him guilty and after a five hour session you Impressed this thought on his mind and he he con fessed." "I didn't Impress anything I just 3lmply " "You Just simply convinced him that he was guilty though as It turned out he was In prison at the time he was supposed to have committed the burglarv " "It wasn't burglary, corrected the captain sullenly. Judge Brewster again consulted the papers in his hand. "You're quite right, captain my mistake it was homicide, but it was an untrue confession." "Yes." "It was the 'same thing In the Cal lahan case," went on the Judge, pick lug up another document. "In the case of the People against Tuthlll and CoHgrove Tuthlll confessed and died in prison, and Cosgrove afterward ac knowledged that he and not Tuthlll was the guilty man." "Well," growled the captain, "mis takes sometimes happen." Judge Brewster stopped and laid down his eyeglasses. "Ah, that is precisely the point o' view w take In this matter! Now, aptaln, In tha present case, on the night of the confession did you show young Mr. Jeffries the pistol with which he was supposed to have shot Robert Underwood?" Capt. Clinton screwed up his eyes as If thinking hard. Then, turning to bis sergeant, he said: "Yes. I think I did. Didn't I. Ma- loney?" Your word Is sufficient," said ths udge quickly. "Did you hold It up?" "Think I did." "Do you know If there was a light shining on It?" ssked the juuge quickly. At this point. Dr. Bernstein, who had been an attentive listener, bent sagerly forward. Much depended on funf rilnton'a answer pernaps a man's life. "ni.n't know might have been, re plied the chief carelessly. Judge Brewster turned to Dr. iiern- stein. Were there electric lights on the wall?" "Yes." "What difference does that make? demanded the policeman. "Quite a little," replied ths Judge auletly. 'The barrel of the revolver was bright shining steel. From ths moment that Howard Jeffries' eyes rested on the shining steel barrel of that revolver he was no longer a con scious personality. As he himself said to his wife: 'They Bald I did It and I knew I didn't, but after I looked at that shining pistol I don't know what 1 said or did everything bocame a blur and a blank.' Now, I may tell you, captain, that this condition fits In every detail ths clinical experiences of nerve specialists and the medical experiences of ths psychologists. Aft er five hours' constant cross-questioning while In a semldazed condition, you impressed on him your own Ideas you extracted from him not ths thoughts that were In his own con sciousness, but those that were in yours. ' Is that the scientific fact, doc tor r "Yes," replied Dr. Bernstein, "the optical captlvatlon of Howard Jef fries' attention makes the whole case complete and clear to the physician." . Capt. Clinton laughed loudly. "Optical captlvatlon is good!" Turn ing to his sergeant he asked: "What do you think of that, Maloney?" Rergt. Maloney chuckled. "It's a new one, eh?" "No, captain It's a very old one," Interrupted the lawyer sternly, "but It's new to us. We're barely on the threshold of ths discovery. It cer tainly explains these other cases, "I don't know that It does," object ed the captain, shaking his bead. "I don't acknowledge " Judge Brewster sat down. Ixxiklng the policeman squarely In the face, he said slowly and deliberately: "Capt. Clinton, whether you ac knowledge It or not, I can prove that you obtained these confessions by means of hypitotlc suggestion, and that is a greater crime against society than any the state punishes or pays you to prevent." The captain laughed and shrugged his shoulders. Indifferently he said: "I guess the boy up at Albany can deal with that question." "The boys up at Albany," retorted the lawyer, "know as little about the laws of psychology as you do. This will be dealt with at Washington!" The captain yawned. "I didn't com here to hear about that you were going to produce the woman who called on Underwood the night of the murder that was what 1 came here for not to hear my meth ods criticised where Is she?" "One thing at a time," replied ths judge. "First, I wanted to show you that we know Howard Jeffries' con fession Is untrue. Now we'll take up the other question." Striking a bell on his dtBk, he added: "This woman can prove that Robert Underwood committed suicide." "She can, eh?" exclaimed the" cap tain sarcastically. "Maybe she did it herself. 8onie one did it, that's sure!" The library door opened and the butler entered "Yes, some ons did It!" retorted the Judge; "we agree there!" To the servant he said: "Ask Mrs. Jeffries, Jr., to come here." The servant left the room and the captain lurnoa to tne judge with a laugh: "Is she the one? Ha! ha! that's easy' The judge nodded. "She has promised to produce the missing witness to night." "She has, eh?" exclaimed the cap tain, v Rising quickly from his' chair, he crossed the room and talked In an undertone with his sergeant. This new turn In ths case seemed to inter est him. Meantime Mr. Jeffries, who bad followed every phase of the ques tioning with close attention, left his seat and went over to Judge Brewster. "Is It possible," he exclaimed, "la It possible that Underwood shot him self? I never dreamed of doubting Howard's confession!" More cordially be went on: "Brewster, If this Is true, I owe you a debt of gratitude you've done splendid work I I'm afraid I've been Just a trifle obstinate." "Just a trifle," said the Judge dryly. Sergeant Maloney took his hat. "Hurry up!" said the captain, "you can telephone from the corner drug store." "All right, cap." Dr. Bernstein also rose to depart. "I must go, Mr. Brewster; I have an appointment at the hospital." The judge grasped his hand warmly. "Thank you, doctor!" he exclaimed; "I don't know what I should have done without you." "Thank you, sir!" chimed in the banksr; "I am greatly Indebted to you." "Don't mention It," replied ths psychologist almost Ironically. He went out and the banker lm- patiently took out bis watch. "It's getting latel" he exclaimed; "where Is this girl. I have no faith In her promises!" As he spoke the library door opened and Annie appeared. (Continued Next Issue.) Very Encouraging. Itepoits of fruit conditions following- the frost arc encouraging, says the Lincoln Journal. Kvi donlly no serious injury to Ne braska fruit prospects has resull cd from I ho cold w ave. This loaves Hit! Male practically certain of n good fruit crop, for llio danger of frost may now he considered past. Fruit growing i not u hasic in dustry in Nchraska, hut a plenti ful, supply lias a largo effect on the spirits if not, upon the purse. We suffer of loner in spirit than In purse, hero in Nehruska, and will continue to do so till wo, outgrow the habil of worrying over crop failures that never come not in the. old sense where we rose or fell with the corn. Ask your dealer about Wahoo Flour, and see if he thinks It la all right. Try a sack the next time you need flour. Making intensive Improvements. Mr. August ltaoh, jr., is having some extensive improvements made in tho dwelling rooms above his Main street store. Harry lllce has boon engaged to roplastor the rooms throughout, while A. II. Ilummerlli'ld is doing the painting ami pnpering. When tho work is completed Mr. and Mrs. Hach will have a very cosy homo, newly papered and painted throughout and convenient to llio store. Have you tried a sack of that Wahoo Mills flour Ask the man I alinnl It lha nntl tlnin von need flour. You will find It to he the best on the market. J. M. Howell, a popular drug gist of fireensburg, Ky., says "We use Chamberlain's Cough Remedoy in our own household and know it is excellent." For sale by F. O. Frickc &, Co. 21 INDICTMENTS FOR DYfJAMITING McNamaras and McManlpI ire Charged With Murder. SECRECY SURROUNDS SESSION Prisoners Will Bs Arraigned This Aft ernoon and Date Set for Pleas Mo. Msnigal Is Chief Witness Before Grand Jury. Los Angeles, Cal., May 6. Twenty ne new Indictments, according to re liable authority, were voted by the grand jury against the accused dyna mite conspirators, James and John McNamara and Ortie McManlgal. .Nineteen of the Indictments, IX is understood, are against the MoNv muras alone and charges them with. murder In connection with tho blowing; up of the Los Angeles Times newtpe per plant on Oct. 1, and the conse quent deaths of twenty one men. The other two are said to be against Mc Manlgal as principal and the McNa mara brothers as accomplices In the. Llewellyn Iron works explosion. Christmas day, in which no one was killed. The prisoners will be arrnlgned this afternoon and a date will then be set for them to enter their pleas. Close Secrecy Preserved. McManlgal was tho principal wit ness heard by the gruiiil Jurors, about whose movements and meeting place a veil of secrecy was thrown. When, the Jurymen assembled, they were told to go quietly one by one so an not to attract attention to the Jury room of Judge Willis' court In the hall of Jus tice, next to the county Jail. In tha regular grand Jury room dummy Jury men were qunrtered while bailiffs- mounted gunrd at the door. Then witnesses were directed to JudRe Willis' court room. When Mc Manlgal was summoned he wns taken from his cell and thence escorted over the bridge leading from the prison In to the hall of Justice and the Jury room. He was examined for more than two hours. Immediately after ward the grand Jury adjourned. The grand Jury henrd several wit nesses besides McManlgal. SAYS "MURDER IS MURDER' Former President Roosevelt Discusses Prosecution of McNamaras. New York. May 5. Ex-rresldent Theodore Roosevelt has assigned ar ticle entitled "Murder Is Murder" la the Outlook this week, dealing with the dynamiting of the Los Angelea Times and the arrests recently made by Detective Burns. Mr. Roosevelt says: "The arrest was made in conse quence of testimony secured by Mr. Burns, who has been Mr. Ileney'a right hand man In bringing to Justice grafters who violated the law of the United States In Oregon and grafter who violated the laws of California la San Francisco. IIo has proceeded with Impartial severity against the most Influential politicians and the richest business men. It happens that the men whom he has now arrestee are members of a labor organization;. Just as men whom he formerly ar rested were members of the Repub lican or Democratic parties or of great and wealthy corporations. "It would have been a wicked thlnf In the former cases with which Mr. Burns had to do for lending Republic ans or Demorrnts to combine to break him down and support the accused merely beenuso the accused belonged to their political pnrtles, and It would) have been a wicked thing for big cap italists and hlr business men to make common muse with the capitalist against whom he proceeded merelf bemuse they were capitalists. Wher ever any politician of either party or any capitalist did actually take this position, whether In the caso of the men priBi"iited by Mr. Burns, or la any other rnse, the Outlook unheal tatjngly and severely denounced them. in exactly inn snmo spirit i state tne convictions of the Outlook In express ing Its hearty reprobation of the con duct of those labor lenders who, with out waiting to know anything of the facts of the case, have at once flown publicly to the defense of the alleged dynamiters whom Mr. Burns has now arrested, and who talk about the ar rest ns being part of a conspiracy against labor unions. "No worse service ran be rendered by lnbor union leaders to the cause of unionism." DEFI TO DOUBTERS OF BIBLE Bryan Challenges Them to Produce Volume Superior to It. Chicago, May 5. William J. Bryan, speaking at the tercentennial celebra tion of the King Juntos Translation of the Bible, challenged materialists and Uiobp opposed to the theory of divine Inspiration of the bible to show they were right by producing a book supe rior to that volume. "Atheists and materialists declare that the bible Is merely the work of man," said Mr. Bryan, "and that It was written under the limitations that apply to human wisdom. Taking this position, they necessarily must con tend that, unless man hns degenerated In ability and declined In wisdom, he now can produce a book equal to tha bible. IM them product It"