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About The Loup City northwestern. (Loup City, Neb.) 189?-1917 | View Entire Issue (Oct. 9, 1896)
I_ ■ THEJUDGE’S SECRET. EVER before In the history of the state had an advo cate at the bar made such a stren uous effort to con JUL vince a Jury of the innocence of the prisoner. Many years ago It was U _ that the noted 1*8®' trial took place, but Sj|,$he scene all comes hack to me aa HN§irldly as at the time It occurred, now that a startling revelation has recent ! ty been made, after the death of the (? Judge who sat upon the bench. Although not more than a boy, I wit nessed the trial of Andrew Hastings With more absorbing Interest than any thing else In my life has since awak ened. I remember the gestures, the Impassioned face of Hastings’ attorney, Cel. George Harvey Palmer, and I can almost repeat the very words he ut tered when addressing the Jury. It was a prppderftil defense he made—wonder IqJ Jww |ie fought every Inch of ground, 'While a chain of strong circumstantial ’•fldenco was tightening the halter about his cllsnt’s neck. His cross-ques tioning of the state’s witnesses was so aSnaustive, his pleadings to the Judge ftftd to the Jury so earnest as to arouse the sympathy of many In the packed •purtroom. It was, as I remember, the WUt Important case with which Col. EUuier had been connected In Monroa fjKnty courts. He had moved to Ala •. bama from Virginia and had been In hte new home but a few months he •Of* the Hastings murder case became the sensation of the hour. Jast week Judge James C. Garrow d in Monroe county, Alabama, and i>ng his papers was found a state |; ment, in connection with the state p" ment written to be made public after his death. I have read that state ment, and it, In conection with the - Hastings, makes such hapter of court history tten It all down here, days of the noted ku it organization which e in the south during days of ‘‘reconstruc pposed that the organ n originally Intended to ldenly freed slaves by elr superstition, for the birth to hobgoblins, oks, and was shrouded found secrecy and mys an soon became charge y Inexcusable and out the spring of 1867 the 1 to take active meas luppresslon of violence the klan, or, rather, to nds calling themselves e original organization ie ceased to exist. , 1867, near the town of iroe county, Alabama, l camp follower of the bo bad opened a store ivas found dead on the die road. He had been >i with a club or some apon. klux victim,” was the ind with this the people to discard the matter ther consideration, but was one of the most officers of the law, who b time had come In the ippreasion of crime. He sheriff to make a most itigation, and. If pos to Drtng me muruerer or uiuruec to justice. It did not take long to fix the crime Andrew Hastings, who clerked for ■. The evidence against Hastings, It circumstantial, was very strong. ,vlng been raised In the south, Has had J*o love for his employer, who regarded as one of the despised of "carpet baggers' 'in those days. _jg finally quarreled with ills employer when reproved for insulting the union aoldlere and negroes who traded at the ■tore. WItneBBes testified to this quar Wl, which resulted In Hastings being AfiBhnrged. and there was an abun dgaco of evidence to the fact that us fch left the store he wus heard to re 4: “Hi fix the d-Yankee." was only two nights after Has ps’ discharge that Hlvius was killed. Two witnesses swore that Hastings ~ to borrow a shotgun from them • he day prior to the murder. It was proven that Hastings was heard guy when speaking of the killing !people ought to give the uiuu who a vote of thanks." ed to all this was the fact that igs could not account for his ■bouts on tbe night of the klll ptween the hours of eight and I was presumed be was kilted a inutes after that hour, in on trial Hastings stated that d gone 'possum hunting alone, g boms about eight o'clock and lag about uno o'clock the neat ag ll waa for this purpose be yted to borrow a gun He pruttd i was bis custom to go on these bunts by himself With his pre good character, ibis was sii there PT |b* tlefettse Cel. Pnlater made lbs musk of it tugbl the evidence of the prune it times with an t in passioned ir that almost amounted to a tea. I remember an old lawyer court room remark lag "Wei! f bats seen an attorney so ther l before t ut Palmer» argu to tb« imp, ae I said was a moat riy effort His face waa paia bo areas and walbsd Is tb* jvrr His «st*w. although alsrn and rembbed aa be utui out. tlsa ■ of tb* |urr, tied t« sv witness I say to yets that K am bars ts mad* but lit it# «(fort to nstUe vert the damaging evidence againat hla client. Hla address was mainly a pas sionate appeal for mercy for an Inno cent man who was the victim of pe culiar circumstances. He ended his speech by holding the Bible high above his head and saying: "As true as the Holy Book I hold In my ba’.d, so true is this man Innocent. I say to you, I know It. You may call It Intuition If you like, but so sure as you convict him you will have the blood of an Innocent man upon your beads." The verdict was guilty and Hastings was sentenced to be hanged. The case was appealed to the Supreme court, and the decision of the lower court was affirmed. An application was made to the governor for clemency, and a peti tion bearing the names of many promi nent citizens of Monore county was sent to the chief executive. Col. Palmer was leaving no stone unturned to save his client. The strain and hard work was telling on him. He bad grown emaciated, and more than once had been 111 from nervous prostration. ■ The governor refused to Interfere, but intimated that he might give the case a more favorable confederation If the presiding Judge recommended a commutation of the sentence. THIh was regarded as a forlorn hope, the deter mination of Judge Oarrow to suppress I crime helnsr so well known. The day of the execution was near at hand and Monroe county wax preparing to witness its first hanging in many years. Then, like a thunder clap came the newx that the governor had par doned Andrew Hastings. Not even a commutation of the sentence to life Imprisonment had been looked for, but here was an absolute pardon, and thr murderer with a shadow of the gallows already over him was a free man. It was some time before the people could be made to believe that the newx was true, and many did not. believe It until Hastings wax allowed to walk from the prison unshackled. The only reason the governor as signed was that Judge Harrow had re quested It In a private letter, and the appeal was such as not to be disre garded. But why did Judge Harrow make such a request? His honesty was above suspicion, his Integrity was undoubted, and bis firmness could not be ques tioned. Yet, after declaring It his pur pose to check the lawlessness then ex isting by the strong arm of the law, I L. I r 1 AM THE MURDERER, he deliberately used the power of his office to free a man convicted of a most foul murder. What could It mean? The Judge would explain. But the Judge did not explain and his si lence through all these years has kept the Hastings case one of the strangest of the unexplained murder mysteries of Alabama. When questioned at the time the Judge said: "I had Just and sufficient reasons for acting as I did.” Time and time has this case and Its strange denouement come before my mind, and often have I tried to reach a solution which would be satisfactory to myself and leave no suspicion upon the memory of a member of the Ju diciary, whose character had always been above reproach. It is all clear now. Judge Garrow has passed to stand himself before a Judge whose Justice, It is to be hoped, will be tempered with exceeding great mercy for us all. I have before me this statement, published In a Monroe county paper, and I give It here as the sequel to what I have already re A/1 • “To Those Who May He Living When I Am Dead: I believe if any shall desire to look Into my life his tory they will And nothing that pos terity shall be ashamed to read upon my gravestone. Yet there Is one trans action of my career as criminal Judge which demands of me an explanation. In truth, I should have been ready to meet that demand before I passed away, hut I was so placed that my lips were scaled. The wrong (If wrong I did) was In allowing myself to be hampered, hut Justice to an Innocent man weighed In the balance against unjust suspicion toward myself. "This single act of mine for which I may have borne public condemna tion was th* part I took In securing a pardon for one Andrew Hasting*, ar raigned and convicted of the murder of Anna Hivlns at the fall term of the Circuit court In Monroe county, Ala bama. October. IMt ■ Without any attempt to criticise tbe motlrea of those who thought It wise amid ecenee of desolation and lawless ness to hull In rherh the passion* of i suddenly freed slates by an appeal to 1 igetr superstitious feors. I. with others at th* Judiciary, determined that the time bad topi# in the south lo restore law and order With the determine tun to well* an stamp!* at th# Aral cast that com* under my Jurisdiction I refused to interfere In lbs death sea i tens* of llaaiings Tn this decision I ! clung, although dally Importuned by | Cot U« eg* II Calmer Hastings at turner Never tn my #*p*nsu»# on th* bench had I seen such persistence and dogged per********* as that U*)ci 4 lap la led II* cam* to me an* day a ***h be I fere Heating* tu la he iterated aad said "‘Judge <.*rr«-w, enppee* I should i give you proof that another man killed Bivins, would you recommend bis par don?’ ”1 replied that If the proof was such ns to convince me of its reliability I would certainly feel called upon to In terfere in the condemned man's be half. " 'But, Judge,’ he continued, 'you will have to give me your solemn as surance not to divulge what I relate to you.’ “I demurred to entering Into any such compact. “ ‘Remember/ be cried vehemently, 'while you can wrong no man by your silence, yet If you do not listen to me you will allow an Innocent person to die upon the gallows. I swear this before the living Ood.’ "His manner as much as anything else overcame my scruples, and I gave him my promise 'so long as I live' not to reveal any statement he might make to me. Then he said: " 'Judge Harrow, the man Amos Biv ins met his death as an expiation for a crime he had himself committed. In Virginia Just before the close of the war, with a squad of marauding soldiers, he entered the home of a man who was bearing arms In defense of the very fireside that was being ruth lessly Ipvaded and desecrated. Mo'.hec and children had to flee In the night, and she, the mother, met her death from the exposure and fright. This man Bivins was the only one recog nized, as he had sold goods about the. community from a peddler’s pack. The hand which laid the blows upon his head may not have Intended to strike life away, but reason lost Its sway, and there was naught to stay the avenger's hand but death.' “He paused a moment, and, letting hts hand fall heavily upon my shoul der, he exclaimed huskily: "‘Judge Harrow, I am the mur derer!’ "He brought to me the hickory stick, dark In places with the stains of clot ted blood. I reviewed Ills history, his conduct of the case, how he had ex pended money and devoted his time with no hope of any remuneration; I looked Into his face, and I knew he had spoken the truth. “I believe If It had not been for what he considered the Justice of his cagse and his little children, he would have surrendered at the first. It was un doubtedly his Intention to have saved his client even if the last resource should have been to take the prisoner’s place upon the gallows. “There was nothing left for me to do but to urge the pardon of Hastings, and that I did. J. O. HARROW, "Judge Monroe County Court." It Is not often desired to resurrect unpleasant memories, but sometimes justice to the living and to the dead de mand that the sepulchers of the past be invaded. So I have given this bit of history, believing that I am Justified In doing so, even If I had to drag from its grave such a ghastly skeleton as the kuklux klan.—Atlanta Constitu tion. I’oB*i+n*Pnmtrf, “Boll it down" Is a pretty good news paper maxim, but even a newspaper maxim needs to be obeyed with dis cretion. Charles Metcalf, who has been writ ing advertisements for a drama in New York City, had an unpleasant experi ence in connection with a compositor of one of the great dallies of that city. MetcalT wrote a poetical advertisement, as follows: From half-past eight till half-past ten. You laugh and laugh and laugh again. Imagine his surprise when a matter of-fact compositor set up the adver tisement and It appeared: From 8:30 to 10:30 You laugh and laugh and laugh again —Pittsburg Dispatch. (iot Wliat 11* Called For. "Here, waiter, can’t you fill an order at this restaurant? I called for roast beef and a baked potato. Here's »h« not at o. but where’s the beef?” “I'ndah de p'tatah. sah.” FLOTSAM AND JETSAM. No death warrant ha* been signed by a sovereign of Great Britain during the last 150 year*. Say* a fortlllaer concern in Nashville, Tenn.: "We buy your bones ami pay you ihe highest market price." Train robbery Is punishable by death in ArUona. The supreme court ha* Just upheld the constitutionality of the stat ute. Pulaski county. Missouri. present* a« a candidal* for Ihe leadership of the populist* a man whuse beard I* tlv* feet long A new hypnotic ha* probably been found In the Jamaica dogwood The fluid cstract ha* been found efficacious la dentistry. It I* reported that a while whale was seen recently In Is-ng Island sound This animal la rarely seen outside the Arctic regions Luminous inks may now be ttaed to print signs to be visible In the dark Xtae salts and calc non are Ike me dium* generally used From ataety four a flock of sheep awaed by P A Porter, of M» Morn*, kin., has keen reduced to silty since laet spring by waive# The |su»«r Now dual go sad spend that la the nearest eat—-u The k« tv l*wt Nw, sir. «l»rs # a bettor aw* around 4s coraer Puck Pwderewshl baa »«< hop* uf reatti tag lbs (but desire of bis Ilf* tbs permanent rur* af the spinal eumptatai whtsb baa m long afllieiod kla son II baa Mow suggested that an a mem j artal to llarrtet tto*» her* fltowo a an i ttonal institute and hospital a* a train* [ lag oktsl fnr -elsiel a or an* sksll be I grwetod in IA asktagtoa THE LOST FOUND. Nombar Wmn Right, bat tha Trimom H'm Turned. 1! any one had told him he was drunk he would not have resented It, but would have made an effort to re tain hls equilibrium and dignity long enough to explain that he was only a little oozy woozy. He realized that be lived at 206 Irvington street, and that hls residence was on the right hand side ae he wobbled along homeward. The uncertain light of early dawn, combined with the blear In hls eyes, rendered it necessary for him to stop In front of every house and gravely brace himself against the railings until he could focus hls eyesight on the num ber. Finally he identified hls house, but after arguing with himself for a couple of minutes he came to the con clusion that he was Just woozy enough to make mistakes possible, so as to be absolutely certain he balanced himself against the front fence and studied the number on the transom Instead of 20*1 he saw !>09. Then he wondered how It happened that he had got on the wrong side of the street and three blocks too far out, made a zigzag acrose the street and started hack, and before he hud walked three blocks he came to the ejjd of the street. The woary pil grim Was bewildered. He couldn't un derstand It. but getting hls directions, shaped hls course In the street on the rigni Hide anil kept on until he came to 509 again. He atudied it from every possible point of view, even trying to etand on his head to read It, but It per versely remained 509. Utterly bewildered he sat down on the steps and waited till a policeman came along, "I’m losht," he explained. "I wanter go ter 206 Irvington street.” "This is the place right here,” de* dared the policeman. "Can’t be. This Is 509." "No. It ain’t It's 206, but the tran som Is turned over.” The lost was found.—Han Francisco Poet. DESERVED KICKING. TliU Editor W*i the Kirrpllon That Vritrmn tti* Kale. * One of the editors has treated me very well and Inspired me with both liking and respect, says the National Review. There Is only one editor whom I should like to kick. He di rects the destinies of a famous periodi cal and his name Is known far and wide. I offered him an article on a sub ject of current Interest. He took it and kept it until it was too late for me to place the thing elsewhere at the time. Then he sent it back, but meantime he had appropriated my idea and bad got some one else, supposed to be an au thority, to write another article on the same subject. He may be an honorable man and this maneuver may have been within bis rights, but according to my notions, It was a dirty trick, entirely opposed to the unwritten law of honor able Journalism, which scrupulously respects property in Ideas. He was quite at liberty to reject my contribu tion and even commission some one else to do the same tiling, but then be should have told me so at once and not have kept me out of the market until it was too late to compete with him In the pages of a rival. Hubsequently I did publish my article elsewhere and had the satisfaction of knowing that It attracted a good deal more attention than hie substitute, which was, indeed, very poor stuff, written to order and In a hurry by a man who had really nothing to say. The editor, however, probably cared nothing for that, as he is reputed to set more store by the names of his contributors than by the quality of their contributions, wherein hls wisdom is doubtless Justified by the folly of his readers. That is my solitary experience of shabby treatment at the hands of an editor, and what class of men can be named In which you will not find one cad to a score of gentlemen? A New I’lnnt That Cura* Asthma. Medical science at last reports a posi tive cure for asthma In the wonderful Kola Plant, a new botanical discovery found on the Congo River, West Africa. Its cures are really marvelous. Rev. J. L. Combs of Martlnsburg, W. Vn.. writes that It cured him of asthma of \ f.tnt fttuiutinif iifill I Inn I. Cl ('lute, of tlreeley, Iowa, testifies that for three years he had to aleep propped up in a chair, being unable to He down night or day. The Kola Plant cured him at once. To muke the matter sure these and hundreds of other cures are sworn to liefore a notary public. Ho great la their faith In Its wonderful curative powers, the Kola Importing Co. of H«4 llroadway, New York, to make II knowu. la sending out large i awes of the Kola compound free to all sufferers from asthma All they a«k In return la that when cured yourself you will tell your neighbors about It. Ket (p your name and address on a po# tal card and they will send you n large case by mall free It emits you not If lag Mil you shuuld surely try It. Why iahaill *«IScU Well Johnnie " said Mrs Oiitl. did you have a pleasaat time at tbs ttsnday sehuui pH ale'" Sts." growled Johaale “I d da t g|t nothin tu sat but a asadwteb sad a n* up is of dry rakes with red saad sprinkled over *m * Why shat became af the beautiful rhueoiato <abe sad rhickea salad that I as at f* t he supermisadsat aad t»n>h«r« gobble# »m up * A tsotwonc. Os* Maibo msu baa gsa* lata tb« , aatuae bualaoao af rawtbg da* an tog ! wedding* parties, etc An Rngllfth Corn Naiad. An adaptation of an English corn salad made by a celebrated English cook consists of the sweet corn cut from the cob and boiled until tender in j a little water, milk, salt, pepper and butter. Drain the corn and set on ice I until very cold aod serve with a sauce j made in the following manner: Mix the yolke of three eggs with one-fourth of a pint of olive oil. and add to it one half teaspoonful of English mustard, a tablespoonful of tarragon vinegar, a dozen raw oysters cut tine and rubbed through a puree seive, a dash of papri ka, a slice of onion chopped very fine and a gill of cream whipped until stiff. —New York Post. Plso's Cure for Consumption is our only medicine for coughs and colds.— Mrs. (.. Halts. 4IIU Htb Are , Denver. Col., Nov. H,'Wf> A Simple Hay Fever Remedy. Sufferers from hay fever may,accord ing to a Herman physician, often tem Kr an attack by rubbing the ears Iskly when there la the slightest in dication of fullness in the nose. The rubbing should be thorough, and until the ears grow red and hot. The reme dy is simple enough to insure a trial, sud, if even moderately rflicacious. will warrant Its wide passing from one vic tim to another.—New York Times. When bilious or costive.eatacascaret candy cathartic, cure guaranteed. 10c, Vie. Dainty Toilet Article for Hairy. A tortoise-shell puff box and brush are newer for the baby's basket than are lose of either silver or ivory. Very elaborate ones bavc an initial or the monogram in gold. A soap box may be added to match them, and some times a tiny comb is put with the brush, though few youDg babies have hair long enough to require one.— Ladies' Home Journal. lf»gemaa'et:amphor Ira with Uljrcerlne. Tin- original and only grnulnr. CurraCluuifH-tl llsrotv saxi Fare, Cold »orr», y, <>. Clark CwJf.HavaaA* lt Is always said at this time of the year that the coming winter will lie the most se vere ever experienced. Caacarcta stimulate liver,kidney* and bowels. Never sicken, weaken or gripe. It Is better to starve and be rl<bt, than to beast and be wrong. -■— ■■ TOD HAVE backache; (Set Rid of Itl It U a *1(0 thAt you hAVO Kid* ; ney Disease; Kidney Disease, If not chocked, leads to Bright’s Disease, and Bright'* ■as^Disease Kills! I . Because ~r the Kidneys break down and pass away with the urine. Heed the Danger Signal and begin to cure your Kidneys to-day by taking I Llarge bottle or new ityle smaller one at your druggist s. _ .a i ■iinnana-im- f a • IOO Reward *IOf. The readers of this paper will lie plesseA to leafn that there Is at least one dreaaeo dIsrase that science has been able to cure In all Its stages, and that Is catarrh llalT* Catarrh is the only positive I'u-e known to the medical fraternity. Catarrh being a constitutional disease, requires a constitu tional treatment. Hall's Catarrh Cure Is taken Internally, acting dlrectlv upon lb* blood and niucuous surfa es of tlm system, thereby destroying the foundation of the disease and giving the patient strength by building up the constitution and assisting nature In doing Its work The proprietors have so much faith In Ita curative powers that they offer One Hundred Dollars for any rase that It falls to cure. Pend for llet of testimonials. Address. F. J. CHENEY * CO., Toledo, ft fold by Druggists, 7> cents. “Preliminary openings” are baits todraw fair shoppers earlier In the Mason than uiua'. The lay lor maid of the autumn will en thuse over the special four-in-band ties de signed for her use Juat try aide tiox of Cuscarete, the fluent liver and bowel regulator ever made. (iratltud* *eer»* to be a quantity poa »ed by rery few l'etunia and apple green are the (red ora* nut inic •bade* in everything. • > i I < ,• I i i i i i 1 i ) » r I » • I* fc* r i ► ► > » h i _► Pullman Never llallt Uetter Tourist Sleepers 1 Than those used for the M u r 1 i n g to n Route's personally conducted once-a week excursions to California. That is one rea _ ton why you should patronize them when you go west Other reasons are: The time is fast— cars are not crowded—excursion con ductors and uniformed porters accom Kany each party—the scenery enrouto i far and away the finest on the globe. The excursions leave Omaha every Thursday morning and go thro' to Nan Francesco and Los Angeles without change. For full information about rates,etc., write to J. Fbaxcis, Gen. Agt. Uurlington Route, Omsba, Nets ^MISSOURI;, Thu h«at fruit Mention in the Weal. No drouth* A failure of cropa rievrr known. Mild climate. Productive aolL Abundance ol good pure water. For Mapa aad Circular* giving full deacrlp tlon of the Hlcb Mineral. Fruit and Agricultu ral Land* In South Wear Mlaaourl, write to JOHN M. PC BOV. Manager of the Mlaaourl Land and Live Stock Company, Neoaho, New ton Co., Mleaourl. 1,200 Ml. CRIB., f. H. BLOOM It. Council BlufTa. ' Iowa. & "Cattle Ax is popular with all x || parties because of its remarkably R tine flavor, its high quality and the R m low price at which it b sold* I The people of the United States 9 ! W know a good thing when they sec fl ‘ II it, and they won't pay 10 cents for R £ other high grade tobaccos while they B R can get "Cattle Ax" for 5 cents*. R ’