Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 15, 1895, Part III, Page 18, Image 18

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( 'Copyrlghll'd , tR S. by Dret Unrte. )
CIfAPTEn VI-Concluded. ( )
. GLIsten to lI1e , " said Key pa88lonatcly "I
' nm thinking only of you 1 want to and will
save you from any blame-blame you do not
understand even now. There Is stIll tlmc. I
'
& will fo ! bl1ck to the convent ) with you at once.
U You ahl1l1 tell me anythIng : 1 will tell you
everythIng on the wny. "
A She had already completely reallmed her
. austere garb and I1rew the veil across her
face. With the puttIng on her coIf she aeemell
E to have extlngulshell all the joyous youthful-
; neu of her plrtt and moved with the dellb-
' eratenesR of renunciation toward the door.
, They descended the staIrcase together without .
out a word , Theo who saw them PLIBS made
way for them with formal respect.
: ' When they were In the street she saId , qul-
ctlf , "Don't glvo me your arm-SIsters 110n't
. take It. " When they had reached the street
corner she ± turned It , saying "This Is the
. shortest way "
' restrained awk-
It ; was Key who was now
ward and embarrassed. Th fire of his spirit ,
the passion he had felt n moment before had
gonO ' out of him as If she were really the
; chl1rllcter she had assumed. He saId at last
despc'rl1tely : I
. "now long did you live In the hollow ? "
"Only two Ibys. My brother was bringIng
mo here to school , but In the stage coach
there was tome one with whom he had quarreled -
reled , and he dlrln't want to meet hIm with : ,
: me. So we got out at Sltlnn r's and came I' '
: , . to tha [ hollow where his old friends . Mr. and I
t : Mrs. Darker , lived. " ,
There was no hesitation nor altchtlon In
her voce" ! Again ho felt that he would as
soon have doubted the words of the sister
she represented as her own.
3 "Anll your brother-did you live with hUn ? "
, "No. I was at school at lIIarysvllle until he
: tool lI1e away , I saw little of him for the
past two years , for he had buslnos ! In the
'I mountains-very rough buslnes where he
couldu't take me , for It kept him away from
- the settlements \ for weeks I think It hall
. ' somethng ! to do with cattle , for ho was always
having II new horse I was all alone before
. . . that. too ; IC had no other relations ; 1 had no
friends Wo had ' always been moving about
. so'much , my brolhEr and II1e. I never saw
anyone that I liked , except you , and until
- yesterday I had only heard you. "
Her perfect naivete alternately thrilled I
him with pain and doubt. In his awkwardness
and uneasiness he was brutal.
"Yes , but you must have met someboJy-
other men-even here when you were out
with your schooJrellows , or perhaps on an adventure -
venture like this. "
Hell white coif turned toward him quickly
c "I never wanted to know anybody else. I
, ' never cared to see anybody else. I never
would have gone out In this way but for you , "
she said hurriedly. After a pause shE ) a'ded
. In n frlghtenM tone : "Thnt didn't sound
c like your voice then. It didn't sound like It
I a moment ago , either. "
: "Dut you are sure that you know my
'rocc ! , " he said , \\Ith affected g3ycty. "There
were two others In the hollow with me that
night. "
rol know that. too. But I know even what
you said. You reproved them for throwing a
d'- lighted match In the dry grass You were
. thinkIng of 'us then I know It. "
"Of us ? " said Key quickly.
"Of Mrs. Dukc and myself. We were
, I alone In the Iloue , for my brother and her
husbahd were both away. What you said
, - seemed to forewarn me and I told her. So
we were prepared when the fire came nearer
; alllt we botl ! escapad on the same hors "
c "And you dropp your shoes In your
flight , " said Key laughingly , "and I picked
them up .the next lay when I came to search
V ; for you I have , kept them still. "
"They were her shoes " said the girl
quickly "I cOllldn't thud ! mine In our hurry ,
anti hors were too large for me , and droppol
art. " She stopped and with a faint return
of her old gladness said : "Then you did come
bacl ? I knew YOU would. "
. i. . . "I should have stayed then but we got no
. reply when we shouted Why was that ? " he
demandoll suddenly
"Oh , we werc , warned against speaking to
ft any stranger or even being seen by anyone
i 'h1le we were alone , " returned the gIrl
Blmply.
"nut why ? " Key perslstell.
"Oh , because there were so many highwaymen -
: , men and horse stealers In the wools Why ,
k they had stopped the coach only a few weeks
before , and only a day or two ago whe M.'s
Darker came down. She saw them ! "
Key with difficulty suppressed a groan.
They walked on In silence for some moments ,
lIe scarcely daring to lIft ! his eyes to the
decorous IIttte figure hastening by his sIde.
I' . Alternately touched by mistrust and pain. nt
last an Infinite pity , not unmingled with a
desperate resolutIon , took possession or him.
"I must make a confession to you , MIss
Rivers " he began with the bashful haste of
'b very boy , "that Is- " he stammered wllh
a half hysteric laugh , "thst Is-a confession
us If you were really a sister or a priest , you
llOo'\-a sort of confidence to you-to your
, dress. I han seen you , or thought I saw you ,
before It was that whLeh brought me here ,
. that which made me follow Mrs. Darker-
, my only clew to 'ou-to the deer of that convent .
vent That night In the hollow I saw a pro-
file at the lighted window which I thought
: was yours. "
"I IIQver was near the , , window " said the
young girl quickly. "It must have been 1\Irs.
l3arker. "
"I know that now " returned 'Key. "Dut
! remember It was my only clew to you-I
mean , " he added awkWardly "It was the
4j means of my finding you. "
"I don't sea how It marie you think of
: me , whom you never raw , to see another
W0l11an'1 profIle , " she retorted , with the
. . faLntest touch of asperity In her chlldllle
. voice. "But " she lidded , more gently end
; . with a relapse Into her adorable naivete ,
? "most people's profiles look alike. "
i' "n was not that , " proh'sted Key , still awk-
wllrdly ; "It was only that I realIzed some-
. thing-only n dream perhaps. " .
She did not reply and they continued on In
Illence. The gray wall \ of the convent was
already 1ft sight Key felt he hall achieved
- nothing. Except for Information that. was
Ilopelesi. he had come to' no nearer under-
standing of the brautlful girl beside him and
his fulllre appeared as vague all before And
above all , 1u ! waR conscious or an Inferiority
. of character and Ilurposo to this simple Tea- :
tutu who had obeyed him so snbnilsstvely.
. Had lie acted wisely Wouhl It not line
been batter If he had followed her own frank-
ties ! . and-
. "Then It was Mrs. Darker's profile that
p brought you here ? " resumed the voice be-
: noath the colt "You know she has ! gone
, ack. I suppose YOIl will follow ? "
' ( "Yon will not unlleratand imie . " said Key
desperately "Dut , " he adde.1 In a lower
- Voice , "I shah remain here until you do "
lie drew a little closer to hEr aIde
'Then you must not begin by walking 10
close > to me , " . she said . moving slightly ; away ;
' , - "they may Bee YOU from time gate. And you
. . mUlt not go with mQbcyontl ! that corner If I
have been mined already they will suspeci
' . "
) 'ou.
, "hut how shall I know ? " 'Ie BIIII1 attemnpt-
b. IlIg to take her hanll. "Let 11I0 walk past the
gato. I cannot leave you In this uncertainty "
. "You will know soon enouh ; " she said
. Ira'ely : , evading his hanll. "You nlUMt nct go
further now. bed nl M. "
She had stopped at the corner of tim . wall
110 again 11eld out his hand lIer little I1n.
Gers slid coldly betwI'cn hi . .
"Good night , .IISJI Hlyers. "
, ( ' "IHopl" she uht sudienly , withdrawing
ht : ' veil and lilting her cl.ur eyea to hb In !
the pio.mil1ghiL "You mllllt not flY Ihtt-t : !
Isn't .the Iruth. J can't : hear to hr.ar It tram
your lips , In your Voice My 111111\ > Is not
lUversl"
"Not JUvns-whyT" sail < lCey' , astoun.'cl1.
"Oh , I don't know why , " she said , half
' despairingly ; "only lilY brolher dldu't want
sue to au 111" Mllltl and hi. herl' , 'and I
: Iruinlso4. II ) aamne I. 1 'fUU4'--hllrtl : WI
.
. . - . , . , - ' , - _ , -
a secret-you musn't tell It ; but I could not
bear to hear you say a lie. "
"Good night Miss lUgs ! , " said Key adly.
"No nor that either , " 'she said softly "Say
Alire. "
"Oood night , Alice. "
She moved on before 111m She reached the
gate For a moment her figure In Its austere -
tere formless garments seemed to him 10
even stoop and btnd forward In the humility
of age and self-renuncatlon ! , and she vanished .
Ished within as Into a living tomb.
1"orgetlng : all precuton ! he pressed eegerly
forward and stopped before th gto. There
was no sound tram within : there had svl-
dently been no challenge or Interruplon : She
was safe.
CHAPTER VI ! .
The reappearnhce of ChIvers In the mill
with Collinson and the brief nnnouncement
that time prisoner had , conented to a satis-
factory , compromise was received at first with
a half contemptuous smile by the party , but
for the commands of their leaders and possI-
bly a conviction that Coillnson's fatuous
co-operation with Chivers would be safer than
his wrath , which might not expend itself
only on Chtvers but imperil the safety of
nil , It Is probable that they would have informed .
fanned th unfortunate prisoner of Ills real
latlons to his captor. In these circum-
stances Chlvera' half satirical suggestion that
Collinson should be added to the sentries out-
aide and guard his own property was surllly
assented to by nf.ggs and complacently accepted -
cepted by the others Chivers offered to post
him hlmrelf-not without an Interchange of
meaning glances with RIggs-Collinson's own
gun was retJrned to him and the strangely
escorted pair left the mill amicably together
nut , however humanly confident Chivers
n _ _ _ _ _ _ _
was In hIs companion's faithfulness , he was
not without II rascal's precaution and de-
termlnM to select a position , for CollInson
where he could do the least damage In any
aberration of trust. At. the top of the grade
above the mill was the only trail by whIch
a party In force ould approach It. This was
to ChL\'ers obtlouslY too strategic a position
to entrust to lila prisoner and the sentry who
guarded Its approach , 500 yards ! away , was
left unchanged. But there was another
"hllnd" trail , or cut-off to the left , through
the thickest undergrowth of the woods , known
only to his party. To place Collinson there
was to Insure him perfect Immunity from the
approach of nn enemy , ' as well as from any
confidential advances of his fellow sentry
This done , he drew a cigar from his pocket
and handing It to Collinson lighted another
for himself , and , leaning back comfortably )
against a large boulder gwnced complacently
at his companIon.
"You may smoke until I go , Mr. Colhinson
nnd even afterward it \ you keep the bowl of
your pipe behind a rock , so as to be out of
sight of your fellow sentry , whose advances ,
by the way , If I were you. should not encourage -
courage Your position here , you see , Is a
rather peculiar one' You were saying , I
thlllk. that a lingering affection for your
wife Impelled you to keep this place. , for her
.lthough : you were convlllcd of her ' death ? "
Colllllson's unaffected delight In Chivers'
klndnoJs had made his eyes shine tn the
moonlight with a dog-like wistfulness. "I
reckon I dILl say that , Mr. Chlvers , " ho said
apologetically , "though It. ain't gon' : to interfere -
tertere with you usln' the shanty jest now. "
"I wasn't alluding to that , Coliiflson " returned -
turned Chivers , with a large rhetorical wave
ot the hand , and an equal enjoyment ! In his
companion's ! evident admiration of 1IIm , 'but
It struck me that your remark nevertheless ,
implied some doubt of your wUe's death ,
anti I don't know but that your doubts are
right. " .
"Wot's that ? " said Collinson , ' with a dull
glow In his face.
Chivers blew the smoke of hb cigar lazily \
In the still lIr. "Listen " be said. "Since
your mIraculous conversion a few moments
ago I have made some frIendly' inquiries
about you , and I find that yoU lost all trace
of your wife In Texas In ' 52 , whore a number
of her fellow .Immigrants died of yellow fever
ts that so ? "
"Yes , " said Collinson quIckly !
"Well , It so happens that a friEnd of mine , "
continued Chivers slowly , "was In a train
which followed : that one and picked up and
brought on'lome of the survivors. "
"That was thb train wet brought the news , "
said Collinson , relapsing Into hs ! old patience.
"That's how I knowed she hadn't come. "
"Did you ever hear the names of any of Its
passengers ? " Bald Chilvers with a keen glance
at his companion ) .
"Nary onel I only got to know It was a
small train ot only two wagons , and It sorter
incIted Into Callforny through a , southern i's' ' ,
and kinder Iloterell out , and no one ever
heard of It ngln , und that was all. "
'Chat was not all , Collinson , " salll Chivers
hazily "I saw the train arrive at South Pass.
I was awaiting a friend and his wife. There
was a lady with them : ona ot the survivors. t
dldn't hear her aetna but I \ hlnlc my frlend'a
wife called her 'Sndle. ' I remember her as
a rather pretty woman-tall , fair , with a
strallht ; nose and a full c61n , and small , slim
feet. I ilV ; her only ! 11 nflIIent , for she was
on her , way to , Lug Angeles and was . I be-
hove golll to join her husband somewhere
III the SIerras. "
The rascal hat been enjoying with Intense
satisfactIon the return at the dull glow tn
Colllnion' face that even seemed to animate
the whole length ; of Ills angular frame IS It
turned eagerly toward him So he' went 0mm .
experiencing 11 devilish zest III' this llowcrlJI'
tlon ot hit mbtn'slI 10 her husband , apart
from the' , pl'1'.lIll1re of acting the Blow awak- .
ening of thIs 1patht'tJo ! giammt with a sell sa. :
tlon akin .to having warmed him into life
Y"t his triumph was of abort dmmrtatlon The
lIre dropped suddenly out of ColllnHun'l eyes ,
tile glow . from his face and the dull look tlf
un"arled patience returned
"ThJL'1 all very kind amid purty t'f yer , Ma'
Ohlnrs , " hq uh gravely \ ! " ) "ou've got all DIY
\\'Ue's pints tbar'to a dot , Ami It seems 10 lit
lIer Jelt like a ihoe I picked up t'other day
hut It WRln't my SadIe , for et Ihll" Uvlnc or
had lived Ihe'd bin just ferel"
Tile same fear and recognition of some Uni i
known reserve 10' this trustful mao came
over CblvorJ &I bttorl1. 10 imle angl'J' I'ueat.
. .
. . .
- ' - _ _ _ . . . . . . . - . -
mont of It ho would have liked to blurt out
the infidelity of the wife before her husband ,
but be knew Collinson would not believe hIm
and he had another purpose now Ills full
lips twisted Into n suave smile
"While I would not give you false hepee ,
Mr Colhinson " he said with n bland .m1e
"my Interest In you compels me to say that {
you may be over.conMent and \\'rong There
are a thousand things that may hnvt pre-
vented you wife from coming to you-III. .
ness , possibly the result of her exposure , pol-
erty , misapprehension of your place of meetIng .
lng , anll , above all , perhaps some false report ,
of your own death , Has It ever occurred to
you that It Is as possible for her to have been
deceived In th:1t : way as for you ? "
"Wot yer say , " said Collinson , with a
vague suspicion
"Whnt I mean , You think yourself ju.ti-
fled In believing your wife dead because she
did not seek you hero ; may she not feel her-
elf equally justlflell In believing the same of
you , because you had not sought her else-
-
where ? "
"Dut It was wrIt that she was com In' yore
and-I boarded every train that conic In that
fall , " said Collinson , with a new irritation
unlike his usual calm ,
"Except one-my dear Collinson-except
one . " returned Chl\'ers , holding up a rat forefinger .
finger , smilingly. "And that may be the
clew Now listen 1 There Is still a chance
of following It If you will. The names or my
friends were Mr. and Mrs. Darker 1 regret , "
ho added , with a perfunctory cough , "that
poor Barker Is dead. He was not such an
exemplary husband as you arE ! , my dear Col-
linson , and I rear was not nil that Mrs.
Darker could have wished ; enough that he
succumbed from various excesses and did not
leave lI1e Mrs Darker's present address But
she has a young friend a ward , living at
the convent of Santa Luisa , whose name Is
Miss Rivers , who can put you 'n ' communication -
tlon with her. Now , one thing more : I can
understand your feelings and that you would
wish at once to satisfy your mind It Is
not , perhaps , to my Interest nor the Interest
of my party to advise you , but , " he con-
tlnuet , lancing around him "ydu have an
admirably secluded posItion here , on the
edge of the trail , and If you lire missing
from your post tomorrow morning I shall
respect your feelings , trUst to' your honor ta
keeI1 this secret and-consider It , useless to
pursUe you. "
There was neUher shame nor pity 1m his
heart liS the deceived man turned toward him
with tremulous eagerness and grasped hIs
hand In silent gratitude But the ell rage
/7 / I
. .
. ,
. '
. - .
. " '
, ,
hERB Shin WOULD HAVE AGAIN FALLEN , BUT COLLINSON CAUGHT HER DY
THE WAIST.
and tear returned as Collinson said gravely :
"You kinder put a new life Inter me , Mr.
Chivers , and I wlllll I had yer gift o' speech
to tell yo so. But I've passed my word to the
captlng thar and to the rest o' you fonts that
I'd stand guard out yore , and I don't go
back o' my word I mout and I moutn't find
my Sadie , but she wouldn't thInk the less
0' me-arter these 0' '
years waltln'-et I
stayed here another night ta guard the house
I keep In trust for her and the strangers I've
took In on her account. "
"As you like then , " said Chivers , contracting -
tracting his lips , "hut keep your own coon-
sel tonight There may be those who would
hike to deter you from your search And
now I will leave you alone In this delightful
moonlight. I quIte envy you your unrestricted -
stricted communion with natute. Ados ! ;
amigos , adlosl"
110 leaped lightly on a large reck that
overhung the edge of the grade and . waved
his hand. ' , '
"I wouldn't do that , Mr. 'Chlvers , " said
C01l1nson with a concerned face : "them rocks
are mighty ticklish , and that one In partlklar. .
A tech sometimes sends 'elll scooting "
Mr. Chlven leaped quickly to the ground ,
turned waved his , hand again and disap-
peared down the grade ,
hut CollInson was no longer 1I10ne. Hitherto
his characteristic reveries had been of the
past-reminiscences In which theu > . was .only
recollection , no Imagination , , and very , little
IIto
hope Under the spell of Chivers' words his
fancy seemed to expand , H seemed to think of
Ills wife all she might be now-perh ill .
despairing , wandering hopelessly , even ragged
and footsore , or-belicying him dead-relaps-
Ing Into the resigned patience that had been
his own But always a new Sade ! , whom ha
had never seen or known before A faint dread ,
the lightest or mlsglvlngs-perhsps coming
from hl3 very Ignorance-for the firet time
touched his steadfast heart and sent a chill
through it. lie shouldered his weapon chl
walked brikly toward the edge Of the thick-
set woods There were the fragrant essences
of the laurel and sprucebaked 11 the long
day sunshine that had encompassed their reo
ces s-stl coming warm to his face ; there
were the strange Bhlfngs of temperature
throughout the openings that , alternately
warmed and chilled him aB he walked. I
scorned BO odd that he should now have to
seek her instead of her coming to him : It
would never be the same meeting to him
way from the hoUse that he had bll for
her I lie strolled back and hooked down upon
it . nestling on the ledge. The white moon.
light that lay upon It dulled the glitter of
lights In It windows , but the sounds or
laughter and sInging came to even his un-
fastidious ear with a sense of vague dls.
cord. He walked back again and began to
pace before tie thick-set wood Suddenly
he stopped and lstened , '
To any other ears but those accustomed to
mountain solitude It would have seemed
nothing But , familiar as he was wIth all
the infinite disturbances : of the woodland , and
even tie stimulation of Intrusion caused by
a failing branch or lapsing pile cone . lie
was arrested now by a recurrIng Bound un.
like any otber. I was an occasIonal muffied
beat-Interrupted at uncertain Intervals , but
always returnIng In regular rhythm , when. i
ever . It was audible le knew It was made
by a cntering horse ; that the . Intervals
were dUE ! to to the patches of dead leaves
11 Its course and that this varying movement
was the effect of Its progress through 0l
stacIe and , underbrush. I was therefore
camilI through some "blind" cut oil In the
tblek-set 'ood. The shiftIng of the round
also showed that the rider was unfamiliar
\ Ith the locality , and Imetimes wandered
from the direct course . but the unfailing
and accelerating persistency at the sound
In spIte of these Ilffioultles , Indicated haste
and determinaton ,
lie swung his gun from his shoulder and
uamlned It caps. As the sound came nearer
he drew up beside a young spruce at the en.
trance of the thicket . There wu 10 necee
sly to alarm the 10ue or cal the other sen-
try Ial a single here anti rider , and he
was equal to that. He waited quietly an11
with his usua fateful patience Even am
his thioughu still reverted to his wife , and I i
wa with a singular feeling that he , at lat , I
SW the thick underllrub give way before a I ,
woman , mounted on a sweating but still sptr- :
lied horse , who swept out Into the open. Nev-
erthelel , ho stopped In front of her and ,
ca led : '
"Hold up thul"
'he horse recoiled , nearly uftseatlnc her.
Clnou caught the reins. She lfted b I
.
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" t :
. OMAHA ! Septo 16-209 ,95o. t ,
SPEED AZOTE and DIRECTLY THE WORLD 'VINNERS 1
ATTRACTIONS
? wit be there . t :
FIVE DAYS RACING. BEST MILE TRACK IN THE WEST. {
M ouday Sept 16 The famous double running tem of horses owned by LEE ALLISON , and NED RE ADING the oalob- 1 "
, rated bicyclist , will run a five mile dash "for blood. " . 11 .
T uesday Sept. 17 AZOTE , Record 2:041 : Champion Trotting Gelding of the World , and '
ay , ep. .i DiRECTLY , 2:07 : Champion two and three year old pacer , will trot and pe . against their records ,
These two horses are at the head of their classes , and th9 evant will be one of the wonder of the season
.
Wednesday , Thursday , Friday Sept 18 , 19 , 20 of the be management of is racing to present a . schedule The aim
unusual interest.
REDUCEQ RAILROAD RATES ON ALL ROADS LEADING TO OMAHA. _
ROBERT W. FUnNAS , Secrotury , ELI A. BARNES , PrBlc1ont.
- - - - - - - - -
whip mechanically , yet remaIned holding I
In the air , trembling until she slipped , half
struggling , half helplessly , from the saddle
to the ground Here she would have again
fallen , but Colinson caught her sharply by
the waist. At his touch she started and ut .
torel a frightened "No ! " At her voice Col-
hinson started.
"Sallie he gasped.
"SethI" she hal whispired.
( To be Continued. ) . *
.
IUUING ' 1111 JANGI > .
Grace Macgowan Cooke In Leslie's Weekiy.
Saddle and slnch , strap slickers on , I' '
And ride In the teeth of the bitter ' ulWn
To hunt In the norther's Icy Claw ,
For cattle thIeves In some lonely draw.
Ride all day at a cruel pace ,
Your beard In icicles on your face ;
Ride till the light comes on to fail . , I
Your cattle drifting before the gale. .
Try , as the nIght begins to frown
Vainly to bunch them and bet them down
Heel In your saddle , and dream and wak-
,
Dear wer the price of your least mistake
For rout , and ruin , and death , and despair
Are out on their phantom steels of air , '
Riding the range.
'Vhen God the , prairie's smile , like the smile ' of
Srmds a blessing of beauty Cram bush nn.I
sad , ani.
Then the birds sing laud , and the winds
sing too . '
That the earth Is green and the sky l blue ,
Like a dom . : aapPhlr bUlhlng hlgh- '
Like nothain9eJ d but a Texas BIy. " . ,
There Is Ill IS till the aIr and spring 11
. your blood4 ' . , . 0 . :
That beats tlltquh your heart In ftqulck : ,
. ene fiq4'4 ( \ - ! ,
Till that heul Jll J e a maverick , goes astray
Poor yenrhimJJ-'let It flay . let It'playl
While the bzaebti3 a sign and the 'sun' Is n
kiss ) , ' l ; l 11 , ' , ,
All life was Itor a day like this .
When undo ' , ltt span of these .matchless ,
skieR , ' M1 " .
You shall )4)oii CupId , with bandaged
eyes , .k' . . ,
RidlngiflgO : , , "
\ t ! ' .
TOIQUV1 OF COURT. ,
TOr
' - < ' ' ! . .
Iimeiiietit' hntVury : the Monotony of
,
ltlnrT
. , lfeJ , he Bmiv ,
"Ther , ' ' * " f . " , , said an emInent
'lawyer In. t go Inter oooc'hc. ;
the ruiiiIghmjjmqi''tts't . the admIssion'
of evid&ncebtriaes' , that or the judge.
The Inv'arll1ble' ; rule of court Is that the
judge trying a' case sla1 decide what evi-
deuce Is to go In and what sbal stay out
There Is , however , a provlslol relatngto the
criminal Jurisdiction , that In criminal 'cases
the Jury Is time .Judgelof law and tle ; faqts. : '
When Dick Pr'endergast was a young pra.
ttoner ! , before his lecton as judge , be ) IS
once defending a man charged with annie
crime before Judge flawos In the criminal
court. He was very anxious to get up a
diversion In the case of the commission of
the crime to some other locality and to show
what transpired In the later place . The
prosecution had na witnesses as to what
occurred In this place but Prendergast called
witnesses to prove what tool place there.
Harry Thompson , then prosecuting attorney
objected to the testimony. The court per-
mitted extra arguments on the paint and
finally sustained the objection of the prose-
cuton and refuse to admit the testimony
whereupon Prlndergast , with the utmost
sang frold , turned to the Jury and addressed
thEm as follows :
folows
, ,
" 'What . say you , gentlemen of the Jury ,
shall the , evIdence be admitted ? '
"The court and everybody except the jury
senied struck with amazement . and before
anyone had time ! to Interfere Prendergast
had secured from the jury an' expression or
desire In the premises , which was th3t the
evidence be admltled. He was Immediately
hauled up with a round turn Immeditely
anti offered the following argument , whIch
seemed to appeal strongly to the Judgment
court of tiae : jurors , although addressed to the
,
" 'Whether this evidence I or Is not admissible -
misible Is a question of law. Dy law In
criminal cases the jury' the
are Judges , both
or the law and the facts. Hence , they are .
Judges In this question , '
"The court br.am ' very Indignant , but the
more Indignant the court b came the more
friendly to Prendergast's clients the Jury
seemed to be Prendegast saId that he
threw the whole responsibility of the fate
of his client on the jury , ' without ofering any
evidence The jury retired and promptly
brought In a verdIct' of' acqultnl , which , of
course , the court had 10 power to set as'de. "
"When the legal blends with the 'dramatic
the combination Is peculiarly weird and thrIllIng .
Ing , " says Attorney Robert Cantwel of ChI-
cago. "I was la Springfield when the his-
trionic mania pervaded that place Amateur
theatricals were the fad , and everybody was
stage struck. Even the courts of Justice
came under the Thespian influence. Justice
Gardiner was especially susceptible. He was
nLeknamed Faltar because he weighed abut
400 pounds Ills courtroom was a kInd of
antique museum , all hung around with spears
and shields and 'coats of armor ; and the justice -
tce acted UR to his urroundlngs , giving
one Impreslon Qf the middle ages In his
sonorous tone -ld quaint expressions He ,
was a kind of arry Sulivaq or Helry lrv
Inl come to jiij.lgment. One day a man Qf
his own romiHI kidney was trying a case
before him-nour Jones , now prosecuting
attorney of Tppasjint county , Arizona , Sey-
moor was a tall , ,1nk personage with a most
theatrical manner Se wore a glued Albert
cat , ale a laRe shock of greasy black hair ,
through whiICH ' . ft dived his fingers at the
salient points ' ells argument In the curse
of his legal orat h , Seymour Bald something
which offend ll tt ! justice , who Immediltely
outstretched 1Z dr4numtthally
I matLealy vibrating finger
and , said In limmtidlihis. l tone of indignation :
. 'Selze the minion and bear him hencel'
"Thereupon fJ\orey Jones reared himself
to his full h lcltr ran his long fingers again
and again thrug his long oily hair until
he resembled t kLnd of legal Paderewaki and
exclaimed , :
" 'Anll lit this , the temple of Justice ? '
I 'W'lmat ho , guards to the baste with
him ! timundered time jutLee addressing the
court bailiffs , who thereupon pounced upon
Seymour Jones , bore him away , long hair
Albert cot , and al , and locked him up.
l'I was a remarkable and impressIve Incl.
dent and just like n chapter out of one of Sir
' ' . "
Walter Scot's novl.
Al esteemed eX-judge of Chicago relates :
"Murray McConnell . who was commlaloner
of the land
general omee under Buchanan ,
lived at Jacksonville , Ihl. . ald practiced law
there for some time . In thl same town Inc
Attorney David A. Smith , whose head looked
like nothig lu the weld except a bUllied
bal /t Tom CrattY'L Ono warm afternoon
McConnell and Smith were au opposite sides ,
tryIng a law suit before Judge Hndgea and a
) <
jury , They were enemltL The jury box wu
In the northwest corner o the room . snl..t
the west was a window . Ihhtlg up the spaoe
Immeder I front of the Jury box spc
" , , ; - ' _ . _ - _ , _ _ _ - , _ - , , _ . - . -
- - - - ' ' ' - - - -
_ z'r- , : ! --eer-- . ,
sherIff had closed the shutters of this wlndo
to keep out tIme hot sunshine McConnell
was addressing the Jury. Smith , tired and '
Weary . put his head down upon the table ,
with the billiard bal part of It toward the
window. As old 'Mac , ' In his rasping tone .
was lIarangulng the jury , the declining sun
cast a lto rift of light through a chink
of the window shutter square upon the tOIl
of Smith's head , Drawing himsel up to
his lull height , and raising his voice , 0 that
ho attracted all the attention possible , he
pointed dramatically ta Smith's shining and
sunlit , pate and spoke , scripturaly :
" 'The light shlneth upon darkness . and
the darkness comrebend th It not. '
"TI" laughter that followed awakened old
Smith , 'ho hooked around him In ludicrous
, nmazement , When lie learned the way that
McConn hatt been making sport of him , he
telt like Oolath when David struck him
, with the stone-thnt h9 never . had been hit
so liard' before . In his - life . .
The stories of early Australian judges are
numerous , and Incredible. The following in-
cidept which Is vouched for as a fact , Is of
a judge who had a very lofty Idea of his own
legal capacity and was at the same tIme anxIous -
Ious to sustaIn the lgnlly or his court A
"shooting 'case" came before him. There
was 10 "rect evidence as to who was the
perpetrator Or' : the murder , but the Individual
arrested was well . known , and Indeed con-
tossed the dQed . When brought Into court
the jucle j cautioned the prisoner that he
must remember his rlglts ns a free citizen ,
and tt ; ab.ye all things , he must not in-
'terrupt the proceeding of the court After
thIs friendly warning the judge proceeded testate
state that he the prisoner was accused of
having 00 6uch a date , shot the deceased
Upon this time prisoner broke In , "Well , an'
so I did. "
The judge was annoyed at the Interruption.
"nold your tongue , slrt" be exclaimed ,
"Haven't I told you not to commit yourself
nor to Interrupt me1 I shal commit you
i for contempt of court If you do so again
he added 'sternly Ho then repeated the ac-
: , eusatioem . upon whIch , the prisoner broke In :
"I , have told afore that "
ye aero I killed-
The judge's Indignation was Intense at this
, second Interruption and , he demanded : "Mr
-
Sheriff , what Is your evidence ? " '
i' r ' ! ' I"ave 'nothing but circumstantial evi-
dance , your honor and the prisoner's own
confession. "
"Then , " said the Judge , "I discharge the
prisoner on this accusation , but commit him
for contempt of court "
,
' ' .
UI'IWI'IES.
'household ' Word : rson-Wel , Molly ,
did you like my sermon this morning ?
Molly-Oh , yls , your rlvlrence , 'twas mighty
lmprovln' .
I'arson-And what part of It did you like
beat , Molly ?
Molly-In troth , p'ase your rls'rence , I
don' remember . any put exactly . but altogether .
gether It' was mighty Improvln' .
Parson - 'ow , Molly I you don't remember
It , how could It be Improving
Molly-Now , does your rlvlrence see that
lnin I have been washing ani dhrylog on - that
hedge There ?
Parson-CertaInly , Moly ,
Molly-And Isn't the , lnin ! all the better for
' '
the c'anln' ? '
Parson-No doubt , Molly.
Molly-But not a dhrop of the soap and
, wather stays In It. Well , sir It's the same
thing wid lI1e. Not a word of the sarmlnt
stays In me. But I am , all the better and
cl'aner for it , for all that
. At Trinity Methodist Episcopal church In
; 'Youngstown , 0" , the other Sunday an evan-
I gells\ from Cincinnati endeavored to raise
, f6OOO to pay off the church debt You know
Methodists are always In debt. This Is one
of tieir boldest cimaracteristics . Among those
who spoke up and said they would give wall
Mrs , Jones , wife of Asa W . Jones , time repub-
hican candidate for lieutenant governor. When
Mrs. Jones "gave the amount of her donation
as $100 the evangelist cried out : "Ood b'ess
Sister Jones and If It was not so near elec.
tlon time I would say the same for Brother
Jones. " His remark caused much merriment.
At the yearly meeting at Friends at Wlmn-
Ington , 0. , Edward R. Walton , formerly a
mIssionary among the Indians , offered to pay
s : : If the meeting would give him five mnin-
utes' time to make a speech. Time meeting
closed the bargain , and Walton began his dol-
lar a mlnuto dIscourse
At the end If time five minutes paid for the
clerk called a lmait . As he was In the middle
of a story , Mr. Walton thought a minute , then
gravely and deliberately marched to the
clerk's desk and laid down $2 more , and fln.
Ishe hIs story In seven minutes.
Said Rev. Dr. Wihrow of Chicago : "It Is
understood In some quarters that minister
never know when to stop when they are talk-
lug , and editors always do when they are
writing They never write a long article
or a dry one ; they stop short whenever they
get dry. " .
. .
Cure for U"u.luclae.
As a remedy for all forms of headache
Electric Bitters has proved to be the very
best. I , eltees a permanent cure and the
mast dreaded habitual sIck beadaches yield 10
its Inlnence. We urge all who are afflicted
to procure I bottle and give this remedy a
fair trial. In cases of habitual constipation
Electric Bitters cures by giving the needed
tone to the bowels , and few cases long , resist
the use of thIs medicine . Try It -nce. Only
flft" cents at Kuhn & Co.s drug store.
DOCTOH
Searles & Searles
I SPECIALIST3.
,
. AilIorm'mof Blood and
? ' Shin .orr. DI8kse8 , torol , Bni
I'htplo. tcroCul" , Tumors
' t' , ' 'etor. Euma and 1Iood
- - ' . - I'olson thoroubly cloAled
. trnul th system .
. LADIES given careful
'l " and spectal attention for aU
' \ ' ' I ) , their . many peculiar aU-
lents.
V mTARRH , Throat ,
, - Throat
F"'s Lungs Liver Y8popsl"
' 'l'roublea cured by a special
\ " 'l'oUlles curel Ipeal
L ' . course of 1reatlueut
cune
. \ 1
WEAK MEN ( ViTALiTY WEAK )
I , 4 i. 1YIL made so by too close op.
plication to business or study aevero mental
Ituy.vere
strain or grief SEXUAL . , CEBE II
middle life arle rom the eteutl at youthful
tales all Yield readily to our new tr.at.
meat for Jai of vital power.
WRITE Your troubles If out of the city .
respondemacs 15 ' 5 Thousands , cued at home by cor.
kj' Vosrlea .1 i.irlae I" .rnei * Wt
_ 1. Seal & Sle : " : ? a. iL
.
- -
- ! , AIf U r"u . - . -
_ t\
' _ _ DrLiLIIDr JD '
L11 . 0
o Worse Thaf Rinii
Indigestion spoils more lives
than rum. But y u think you h ve. '
EJ
U " " ' S
"n1alana 'or "gnp , or sOlnethlng ' : .
H worse The trouble is all " in the
U digestive tract , Ripans Tabules
D bring a sort of Millennium with
them , One gives relief and their
habitual . use keeps the whole sys-
tem 11 tone. ,
R
flipana Tabuies : Sold by druggists , or by malt .
It the price ( iG cents a box ) 10 .ent t The lit-
:1 Dana Chemical Compauy , No. I Spruce st" , N Y. .
: _ _ _ _ _ _ _ _ 0
I TIDICIIDE101cioiILDr1D
- - -
I RYA
k " '
TIE MERCANfLE ! IS THE FAVORITE TEN CENT CGAR
Fu Bile by all , First' Cass Dealers. Manufactured by the
F. R. RICE MERCANTILE CICAR CO. ,
Factory No. 804 , SL LouIs , MO t
- - - ,
. .
f , _ ' ' . . ) What I.S I. Thl.so - - Parrots , , Mockhig Goldfish birds
. G IVEN AWAY Bycry Saturday
' lt 7 P. M
A ticket goes with every package of "Mnx Geisler's Prepared Bird Seed
, " , Dlr S.t
I Food. Hemcmher that .
Fed we only keep fresh Importe.1 and perfecty Cilia
Seed that our mixture Is altogether dirrerent from the cla
alogcher dlrerent frm
called "Mixed Ihd Seed " All our seed , etc , Is warranted . I
Geisler's Bird
Store , 303 No" 16th St ; O/lha
- ,
-
ORCHARD HOMES
NO PLACE ON EARTH
Offers greater advantages to the intelligent settler . One-halt the wrk
au now do here will give four times the result. In this
you wi tmes result wonderfully productive -
dutve , country. Twenty to forty acres In this land of pleny Is enough
. to work and Is to make . Do the work .
euro you monoy. and the rellUI are
ICIured : there Is no such thIng as failure . The people are friendly : schools .
churches. newspapers , are plenty : railroad facilities fine and a soil wbo"
rluhnes Is unsurpassed , all invite the enterprising man who Bol to bet
tn his own condition and that ot his family . nS
-
Two and Tlrc\ Crops Can be Successfully Grown the
Same Year
Timber Is abundant-Lumber is cheap-Fuel cost , nothing-Cattle
Tmber II cheapFuel cost nothlnl-Catto are euily
raIsed and fattened-Grazing Is 1ne all the year eal ,
CLIMATE
I healthy and delghtfulj land and sea breezes and cool nights The mean
temperature Is 4 to e' aegreel The average rainfall I. 66 inches . No
extreme of heat or cold : sutclent rain for all crops
20 TO 40 ACRES .
lrperly worked makes you more money and makes It easier than the belt
16acre farm In the west. Garden productl are I wonderful Yield and all
bring big prices. Strawberries , peaches pluml , apricots grapes , peat
flgs . early apples , In tat all small fruits , are sure and profitable crop. .
NO DROUTHS . NO nOT WINDS ,
NO FLOOD , NO HEATED TERMS ,
NO BLIZZARDS , NO COLD SNAPS .
NO LONG COLD WINTERS. No CROP FAILURES.
The great fruit growing and vegetable raising ditrIct of the' outha. A
soil that raIses anything that grows and a location from which you roach
the markets of the whole country . Your frulti and garden truck sold oa
the groomed and placed In Chicago ( Si Lull and New Orleans' snarketi I
U to Zj hours-In this garden spot of America.
'fhe Most Equable Climate i1 Americae
. Orchard Homes
The most carefully selected lands In the best fruit and garden lectonl " s
ow ofer In traatl of ten to for ty acres at reasonable prlcel and terms ' ,
those who wish to avail themselves of the wonderful resource of the COU
try now attracting the great tide ot immigration.
20 TO 40 ACRES
In that marvelous region with Il perfect climate and rich soIl It propr'l :
worked will make YOU more money and make It faster and easier than d
belt ' wi flm In the west Garden products are an Immen" yield cad
bring big prices all the year round , Strawberrie. . . aricots , pluml , peaches ,
81lcots pcb
brln& profitable early crop. apples , fig , , oralg -al 'smell fruit.s'-.arO an early and " T
GO SOUTH. GO SOUTH
This il yoU opportunity . The people an frllndl ; schools etclttl ; n _
apers progressive : onurrhe liberal. The Int.rrllinc man who wants totter
papel the condition of himself and his family . , should investigate 1' at.
ter and he CnltoD convinced. Carefully lellclid fruit lrowhigamad gag4e .
. ZO . offer on liberal terms aM rsaaozasbi. .
handY In tacU ct 10 to I acre. we pow oter lbeal t.rU rla -4
prlc" , Corr..pondenc. solicited .
GEO. W. \ AMES , General Agent
1617 Far.lQI St. , Omaha , Neb.
.
, .
. , , , _ . . . _
. , . . _ . _ ' - " . , . , ' . _ . , - . - - --4----- " . , ' . . . a _ - - - - ; , - - . . - - ' , -a--- - , . t