pE STORY,
5CCCCCCC
AUTHOR'8 NOTE.
The material facts In this
story of circumstantial cvldenco
are drawn from nn actual re
corded case, only such change
of names and local color being
mado as to remove them from
the- classification of legal re
ports to that of fiction. All tho
essential points of ovldence,
however, aro retained.
3 the members of tho Call
Skin club droppod Into
their ncctiHtomcd places
Judgo Dennett entered
with a stranger of distin
guished tnuln, nnd dignified
hcnrlug. Ills whl to linlr
nndwhlto mutton chop whig,
kors betokened the coun
try Jurist of long experi
ence whoso roveroncc for
tho IChl'IIhIi hunch cilhaoiI
him unwittingly to assume tho person
ftl npponnmco of a wearer of tho wIr
and erniluo of IIlnckHtonlan dnyB,
JutlKo Dennett Introduced lilm na
JudRO Tanner and nBsurod tho olub
that his guest was prltnud with many
u romlnlflconco of his long career and
would ulndly furnish tho story of tho
ovonlng. After tho pipes of good fel
lowship had boon burned for a spneo
Judgo Tnnnor aroso nnd begun his
Btory of circumstantial evidence
"I often wonder," ho snld, "If there
Is a trial Judgo of any considerable
oxporlonco who has not carried some
ono enso as a load on his mind and
conscience for years nftor tint verdict
of tho Jury la In and tho condemned
lod away to execution. It 1b a wise
provision of tho law that makes tho
Jury tho Judgo both of tho law and
tho ovldence, nnd tho JiiiIko but the
medium through which tho law
roaches tho twolvo; and I cannot con
colvo tho condition of mind of thoso
early English Judges, boforo whom,
when thoy had arrived nt a conviction
of guilt, oven tho Jury wna power
Iobb. It was from their arbitrary and
unreasonablo rulliiRB, now happily not
hold within tho power of tho Judge,
thnt most of our records ot miscarried
Justlco have resulted.
"Within my own oxporlonco thero
lins coino one enso which I bellovo la
as strange as nny of record and which
for years.MiB I looked back upon It.
caiiBod mo to doubt tho ability of mnii
over Infallibly to pass Judgment upon
a follow creature. Tho parties now
nro all dead and I tell It for the drat
tlmo. But to the story.
"In a llttlo city on the circuit In
which I havo hold court Tor moro
years than I caro to think of there
was at ono tlmo a hotel itopt by n
vory roxpoctablo man nnmeil Jona
than Millor. It was tho favorlto stop
ping placo for commercial travcllora
nnd thus tho most prominent and best
paying hotol In tho city.
"Ono ovontng a Jowolry salosnian by
tho namo of Robert Conway arrlvod
at tho hotol Just boforo suppor. Ho
Instructed Miller to send his grips up
to his room nnd romarkod In tho honr
lug of sovornl at tho desk that ho did
not caro to havo them loft In tho gon
oral baRgngo room as ho was carrylnR
a far moro oxpcustvo lino of samples
'than usual. Ho also askod that tho
'door bo carefully lockod and tho key
'brought to him.
"Suppor ovor, ho fell In with a
Salesman for a nhnn linnan nml nnn
for a clothing firm and thoy ropalrod
to tho bar whoro thoy played cards
and drank until 11 o'clock, whon thoy
m rotlred. It happoned that tho hotol
iwas well nilod and tho clothliiR mnn
and tho ahoo man had boon forced to
tako a doublo room together. This
room was directly across tho hall
from tho ono occupied by tho Jowelry
saloaman.
"About two o'clock In tho morning
Itho two roommates woro awakened by
'groans which seomed to como from
Itho room of their companion of tho
ovonlnR across tho hall.
( "Thoy aroso and without stopping to
.qross mirrioa out to Beo what tho trou-
bio was. You can lmnglno tholr hor
ror to And Conway, tho Jowelry man,
doad, tho bod bloodsoakod, and stand
ing ovor him. a dark lantern In nnn
hand and n bloody knlfo In tho othor,
Jonathan Millor, tho landlord, who
tromblod violently and emmm! inn.
horontly whon thoy burst Into tho
cnambor or death.
"Tho caBO Boomed black onmicii
(against him. Thero was not a sus
picion in tho mind of nnyono In the
Icily that ho could bo othorwlso than
guilty. Yot when tnkqn boforo a Jus
'tlco for a preliminary hearing ho most
stoutly maintained his Innocence nnd
'told a story which bad It not paled
Into Improbability by tho sldo of
damning circumstances against him
would havo beon plnuslblo in tho ox
tromo. "Ho aald ho had Just reached his
room artcr, as waB his custom, Bit
ting up until a train duo nt hnlf past
ono, camo In. Ho had not had tlmo
to romovo his clothing when ho, too,
hoard groans comlnR from tho neigh
borhood of Conway's room. Llko tho
two aalcBmon, ho had hurried to in
yeatlgato, and as a weapon of do
fenso ho had taken tho knlfo. Ho
bIbo picked' up tho dark lantern which
ho always used In making hla last
rounds of tho hotol and which was
Btlll lighted.
"When ho reached tho Jewoler's
door ho waB surprised to And It stand
Ibk open. Tho groans had ceased,
a
frJwJ
epJOmiHAN MILLER
ft JPJ-
and ho entered, and going up to tho
bed. Hashed tils light upon tho bloody
Bpcctnclo of tho murdered man's
body. So grcnt was his horror and
surprlso thnt ho dropped tho knlfo
upon the bloody sheets, and had only
Just picked It up again when tho two
traveling men entered.
"Ills troubling and fear at their
arrival ho attributed to tho natural
horror of tho situation nnd tho ter
ror of the instant thought that guilt
might point to htm.
"With such a degreo of sincerity
was his Btory told, and so Arm was
tho landlord's bearing boforo tho pre
liminary court that ho attracted many
sympathizers who belloved IiIb story
and looked upon him us tho unfortu
nate victim of a most peculiar com
bination of clrcumstnuccs.
"Hut thesu circumstances wcro too
patent to bo ignored and Miller waa
bound over to await tho action of
tho, grand Jury, Indicted nnd in duo
comae of tlmo brought to trial be
fore mo.
"In tho tlmo Intervening botween
his arrest and his trlnl tho landlord's
attitude was a mixture of terror nnd
bravado which did not tend to in
crease tho bollof of tho general pub
lic In his Innocence I myself, al
though I havo always endoavorcd to
enter n trial freo from prejudice,
had I been a venireman, should havo
been forced to admit that I had
formed nn opinion concerning tho
guilt or Innocence of tho accused.
"Tho stato naturally rested upon
tho testimony of tho two salesmen
who nworo to tho events of tho fatal
ovenlng and to entering tho room
Just In tlmo to And tho landlord bend
ing over tho body. Thoy wero both
Arm in tho conclusion that hla terror
upon soolng thorn wns tho torror of
dlscovorod guilt. I admit that de
fendant's counsel should not havo al
lowed thla portion of tholr testimony
to go to tho Jury, but no objection
wns mado to It.
"Also further damaging ovldcnco
ngnlnst him wns produced to tho ef
fect that ho had a Bhort tlmo beforo
becomo llnblo through indorsing a
noto for a largo sum of money nnd
that his ownership of tho hotel wns
threatened In enso ho was not nblo
to ralBO tho amount. This seemed
to furnish a powerful motive for tho
crime. That ho had always borne
a good reputation, that his record for
honesty wnB bucIi that ho might eas
ily havo raised tho sum of money ho
required on a loan, and his own story
of going to Conway's room and And-
ing tho body woro all that tho unfor
tunnto landlord hnd to offor in his
own dofenBO.
"Thero could havo been but ono
conclusion na to wha, tho verdict of
tho Jury would bo, although I am suro
that 1 gavo thorn the law without par
tiality, minor took his sontenco with
resignation and when I asked him If
ho had anything to Bay, ho aroso and
addressed tho court as follows:
"Your honor, It comes to every
man onco to dlo. For tho sako of my
dear wlfo who Btood by mo bo nobly
through thla terrlblo ordeal I should
havo chosen for myself n dlfforent
ond from, that which is to bo my lot
I havo no fault to And with tho view
tho Jury and this court havo taken of
their duty, but you nro making a
torrlblo mistake. You havo convicted
an innocent man. I am not guilty
ot tho doath of Robert Conway. I had
nothing whatevor to do with hla
death. Some day tho truth will como
out, but I fear it will bo long after
I havo dono with thla world. I hare
uo moro to Bay but that I am Uno-
In
cent, and this I will declare to tho
end.'
"How mnny men when facing death
on tho gallows have said tho same.
I wonder how many mon havo said
It truly. It Is true, as Popo says,
that hopo springs ctcrnnl in tho hu
mnn brenst, but I often wonder If wo
do not make a grievous error In not
giving greater credence to the dying
statement of a condemned man.
"Jonathan Miller paid tho penalty
of tho death of Robert Conwny with
tho samo stoical resignation which
hnd marked the end of many a man
In tho samo extremity. With his
death the case seemed at an ond nnd
It passed from my mind along with
many othor cases which havo arisen
in a long nnd busy dnreer. I probably
never again would havo recalled It
except Incidentally had It not been for
a strange occurrence.
"I was Just retiring for tho night
ono evening about two years aftor
tho execution of Miller when I wa3
startled by tho sound of a horso dash
ing madly up to my gate. Thew
was a loud rapping on tho door and
upon opening it tho panting horseman
cried:
'"Duck Everett's Just beon shot
down In Kllcy's saloon. Ho'a dying
nnd wnnta to see you right away.
Says ho'a got an important confession
to make'
"I hurried out, nnd mounting tho
messenger's horse, spurred full speed
for Klloy'a place, which was a dlBrop
utnblo roadhouso about a mllo dis
tant. On tho way I tried to recall
who Buck Everett might bo, and nt
last remembered him ns tho porter
in Minor's hotel nt tho tlmo of tho
Conway murder. When 1 arrived nt
tno plnco ho was almost gono, but
with tho aid of a stiff drink of whisky
ho revived Biifllclently to mako tho
following confession:
" 'I'm a gonor, judgo, but boforo I
cash in 1'vo got to got Bomothing off
my mind. It's Conway, I've seen him
day and night. My God, Judgo, thero
ho Is now pointing his bony Anger
at mo! Take him away. For God's
sako tako him away.' Ho gasped In
torfr nnd tho froth upon hla pallid
lips ww bloodyN Wo thought ho was
going beforo his weighty Bccrot was
told.
"Como, Buck, have it out and
you'll go easier I said ns I hold hlB
head.
" 'Yea, Judge, 1'vo got to toll it,' he
whiapored. 'It waa mo that killed Con
vay. Miller nevor dono it. Tho
thing took hold on mo whon I took hla
grlpa upstnira nnd ho said they waB
full of Jowolry. I slipped In and
knifed him nB ho Blopt andgot what
thero waa In his pockets. I was Just
turnln to tho grips whon I hoard
tho landlord comln' down tho hall. I
slipped out and got past him, and
I never could understand why -ho
didn't see me. When they put It
on him I hadn't the "norvo to apeak
up. My God, I've got Millor on my
soul, too! There they both stand.
Take 'em away,' and ho wont Into
unintelligible ravings which Anally
ended In the gasp of death.
"You can Imagine my stato of
mind upon hearing this terrlblo con
fession. Was not Miller's death
upon my soul as well? Was I not
equally culpable for not having u
keener Insight into character that I
might havo read his Innocenco in
his Bteadfnst nttltudo? Many a long
night as I walked tho lloor of my
chamber I turned theso questions ovet
lng my mind, novor Anding an an
awor that was satisfactory to my
consclonce I sorlously considered re
signing from tho bench. My faith
in man's Justico had received a crush
ing blow. For flvo yoara I carried
that weight of self accusing guilt, and
only the sympathy of my friends and
tho loyalty and truBt of my townsmen
sustained me.
'Ono night I was seated In the study
of Rov Charles Polndoxtor, tho rec
tor ot tho Episcopalian church. Be
foro a cheory grato Are wo talkod Into
tho night and to him I unburdened my
soul.
" 'My heavens, Judgo' ho said to mo,
laying his hand on my shoulder.
'Why havont you told mo all this be
fore? I might havo Baved you those
years of troubling. Novor boforo havo
I disclosed that which has beon lm
pnrtod to mo in tho confessional, but
In this caso I bellovo my duty to
tho dead Is outwelghted by my duty
to tho living. When you sontonccd
Jonathan Miller you condomned a
guilty man. You remember that I at
tended him as a spiritual adviser in
his Inst hours. To mo alono ho told
tho truo story of that fatal night. Ho
was guilty of Conway's denth although
hla hand did not strlko tho blow.
Ho wont to Conway's room with tho
Intont to murder him and rob him ot
his wealth. It was for that fell pur
poso that ho took tho knlfo and lan
tern. When ho reached the room
ho found tho deed nlrcady dono, and
oven as tho two travollng mon on
torod tho room ho was meditating
upon how ho might socuro tho con
tents ot tho satchols and hldo thorn.
Lot your mind rest, JudRo; his hand
was as guilty as tho hand that struck
tho blow!
"Thus waa tho weight of years lift
cd from my mind, and thla, gcntlo
mon, la my story."
Amid tho congratulations and
thank8 ot tho mombors ot the Call
Skin club Judgo Grower from the
chair announced that Judgo Sturgli
had a story for tho next mooting.
(Copyright, 1909, by W. Q. Chapman.)
DIME IN PLACE OF DONKEY.
Uncle's Gift a Disappointment, but
8mall Niece and Nephew Still
Have Hopes.
To be suro ho wna mnmma'a broth
er, but ho hnd awful tablo manners,
tho children decided. Ho camo from
Wyoming, wlicro ho hnd land and cat-,
tlo nnd horses nnd sheop, nnd maybo'
donkeys, too, nnd should havo known
better, but ho nto with his knife, nndi
when ho nto you could hear him clear'
out on tho Btreet.
When ho laughed tho llttlo glm
crncks on tho mantel would Jump and,
Jlgglo, nnd altogether ho seemed to
protty near All tho houso, for It waa
not n largo ono.
"I guess ho must hnvo 'most a thou
sand dollars," said the llttlo boy. His'
jlster was scornful.
"Thousand dollars" sho Bald, with,
tho conAdenco of ono studying arlth-,
metlc. "W'y he's got HUNDREDS!"
"Well," anld tho llttlo boy, "ho'a
been horo a week now and I haven't'
scon no donkey, yet Why don't ho
give us one If ho'a so rich?"
"I don't know," said tho llttlo girl,
"Ho knows how bad wo want one, too,
because I told him."
Theso things being communicated
to mamma, she was Indignant.
"I nm ashamed of you both," she
nnld. "Aren't you glntl uncle Will's
with us?" The children nodded sol
emnly. '"Course we nre." snld tho llttlo
boy. "Only we'd bo gladder If ho'd,
brought us a donkey."
At last camo the time for uncle
Will's dopnrturo. As ho departed ho
left In each moist llttlo palm a silver
dime.
"Well," Bald the llttlo boy, "ho'a
gone, nnd I'm glad. How many dimes,
docs It tako to buy n donkey?"
"I'll tell you," said the llttlo girl
with inspiration. "'Way out whoro
he lives donkey' cost a dime apieco,y
so ho thinks he's given us each a
donkey."
"Maybo thnt's it-," snld tho llttlo boy
with hope. "Sis, next tlmo mamma
writes him, we'll send our dimes to
hi in nnd ask him to buy donkeys with
'em."
The Trouble with the Horse.
An old horseman in northern Mis
souri, who Is noted for the mcnnlng ho
can put Into a few words has added a
new nnecdote to the popular stories at,
tho stock yards, snys the Kansas City
Star. Ho was called by a neighbor
ono day recently to seo what was the,
matter with an ailing horse. Thls
neighbor owns Arst class stock, but,
keeps his barn In tho worst possible
condition. The horses nro curried as
rarely as tho barns are cleaned. He
does llttlo moro for his animals than
to feed them and give them water.
When tho old stockman camo back
from his visit to the neighbor's stables
an acquaintance met him.
"What was tho mnttcr with the
hay?" tho man asked.
Tho old horseman stared solemnly,
then shook his head.
"Notfiln,," he answered. "Ho'a Just
discouraged."
LUCK.
"Why, Sam! Did you Bell your
voto?"
"No, ma'am; but I dono found a dol
lar onco whoro a brilliant canderdato
lost It"
Height of Fame.
Senators, nssomblymen, stato offi
cials and oven governors nro not
looked upon with bo much awo In
Albany as in othor places. They'ro
used to thom there Senator Wagnor
of Now York was waiting for a shavo,
the othor day In tho Ton Eyck barber
shop. Presently Lieut. Gov. White
got out of a chair and Sonntor Wag
ner took his placo.
"Do you know who-that man Is you
Just shaved?" asked tho senator of tho
barber.
"Never saw him beforo."
"Why, that's tho lieutenant gov
ernor of the state"
"Huh, that's nothing. Battling Nel
son onco snt In thla chair." Now
York Herald.
Homely Anecdote.
Gerald Coventry, tho stngo manager,
narrates an amusing Incident which
occurred during a rehearsal of "Tho
Pirates of Ponzanco" whon ho wns
bringing out tho piece. At tho point
where Frederick, tho hero, cornea In'
nnd the girls sing:
Oh, Is thero not ono rr.Alden hero
Whoso homely fnca anil bad complexion
Havo caused all hopo to disappear
Of over winning man's aftictlon?
a charwoman, who had beon watching
the rehenrsal Intently, broko out with
tho audible comment:
"Begorra! nnd I think thore'a a lot
ot thorn I "Tit-Bits.
DcfcjgMy
Typical Decoration. .
"How appropriate for tho Como-
ops to havo. their ballroom decorated
with growing vinos."
"Appropriate in what way?"
"Becauso vines, you know, aro
climbers, too."
Paul's Teachings to
Thessalonicans
Sunday Scnool Lcuon for Anjoit 8, 1909
Specially Arranged for Thl Paper
LESSON SIX. 1 Thesl' 5:12-21. Memory
verses 1C-1S.
GOLDEN TEXT.-"Seo thnt .nono ren
der evil for evil unto ony man; but ever
follow that -which Is good." Thes. 6-15.
TIME. This epistle was written prob
ably In A. D. 51, or early In A. D. 62.
PLACE. At Corinth during Paul's year
and u half work In that city.
Suggestion and Practical Thoiight.
Paul's Letter of Consolation nnd
Wlso Advice 1. Characteristics of
the First Eplstlo to tho Thessalonlans.
Noto tho facts In "Tho Lesson In Its
Setting." Review tho circumstances
of tho Thcssalonlnn churcluns given
In Acts 17. Seo lesson 3 of this quar
ter. Three missionaries had como
thero froom PhlllppI, two of thom
torn and bruised by a torrlblo Angu
lation at PhlllppI, emerging from tho
lowest dungeon of a prison, their
whole aspect bespeaking their pov
erty, their Bufferings, helr earthly In
significance Theso poor persecuted
wanderers supported themselves, by
weaving black goat's hair, into 'tent
cloth. Hero they preached a few
weeks, founded a church, nnd wero
driven away by persecution.
2. Pnul longed to visit them again,
and made threo vain attempts to do
so, from Borea, from Athons and from
Corinth. Ho felt tholr need of train
ing and of moro knowledge of tho
truth, of comfort, and of guidance.
3. Timothy hnd Just como back
from Thessalonlca, and had brought
a report concerning tho church, giving
a favorablo report in goncral. But
two facta wero mado known by him.
Ono waB that they wsro suffering bo
voro persecutions from both Jews nnd
Gentiles; tho other that they wero dis
couraged and troubled by tho death of
some beforo the second coming of
tho Lord Jesus.
4. The eplstlo Is very personal and.
retrospectlvo, breathing a spirit of af
fection nnd of Joy.
5. If It seems strange that such a
letter could bo written to a church
founded by Paul less than a year be
fore, implying tho wonderful matur
ity ot this Infant church, when wo
compare It with tho slow progress of -modern
missions, we must remember
that tho Urst church members wcro
Jows, and religious proselytes, long
trained In the religion of tho truo
God. Moreover, many of tho Greeks
wero cultivated and thoughtful peo
ple, who through tho Gospel had' boon
enlightened by the Holy Spirit.
A Lesson In Morals for tho Build
ing Up of tho Noblest Christian Life.
V. 23. First, the Ideal and aim. The
First sentences of tho Lord's Prayor
oxpress tho ideal of the wholo prayor,
and, therefore, of nil prayer and all
living. It is as necessary to havo tho
right goal of life as for a sea captain
to know tho port for which he Is sail-
ing.
"And tho very God of peace" Bet
ter as R. V., the God of peace himself,
tho God who brings pence tho pcaco
with himself, through sins forgiven,
and nature in harmony with his;
peaco in the soul, pcaco of conscience,
tho pence of trust in God our Fathor.
"Sanctify you." Make you holy, pure,
freo from sin and imperfection, from
every taint of evil. "Wholly." Unto
completeness, to full perfection, In do
grco nnd In kind.
"Wholo spirit nnd soul and body."
Every part of your nnturo, tho spirit
that allies us to God, the highest
moral nnturo. "And soul."
Second. On our wny to this Ideal wo
have Arst ns a means, tho right treat
ment ot pnstors and teachers (vs. 12,
13). "We beseech you." Because It la
bo important, and lies within your
cholco and power "To know thom."
To understand their feelings and moj
tlves and self denials, and their desiro
to help you, even when they "admon
ish you." They hato to do it, but It
thoy lovo you they must do it at
times. j
"Esteem them very highly in lovo."
Tho greatest force for building char
acter is to love and esteem good peo
ple, such as aro worthy to bo pastors
and teachers. And show your csteom
and lovo In every posslblo way.
"Bo at pcaco with youraelvoa." By
being bo earnest in Booking tho objoct
ot Christian worship nnd tcnchlng,
that all differences botween individu
als aro ot llttlo valuo compared with
tho great purpose that binds all In
one
Wo build character by service for
others (v. 14). To this end Pnul says,
"Wo exhort." Encourage summon, In
splro by word and oxamplo.
'Warn thom that aro unruly," Hko
disorderly soldiers, breaking from
their ranks. Such is tho picture pre
sented by the Greek word. Cnuso tho
unruly to see tho evil and danger of
their wayB. ,
"Comfort tho feeble-minded." Bet
ter ns In R. V., oncourago tho faint
hearted, tho discouraged.
"Support tho weak." Pay especial
attention to thom. That is what your
strength is for.
Whllo wo aro not to dcsplso propho
sylngs we should (v. 21) "provo all
things." Apply tho right tost. Sep
arate tho wheat from tares. Distin
guish between genuine and counterfeit
colna ot truth. Then "hold fast that
which is good." This Is especially,
needful In our day.
In a word (v. 22) "abstain from
every form of evil," R. V., which Is
tho truo rendering or "abstain from all
appearance of evil."
You can do this, because (v. 24)1
"faithful Is ho that calleth you to this .
Ufa and this work. Ho will perform
hit promises. j
,
A
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