HomeMy WebLinkAboutThe Seaforth News, 1932-06-30, Page 6PAGE •SIX
THE SEAFORTH NEWS,
THURISDIAY, JUNE 9, 1932.,
John Uri Lloyd
Continued from last week.)
CHAPTER LX
'Trouble in 'Stringtown County Court
Judge Eiford"'arose, and locking his
arm in mine moved toward the door,
• as he did so 'excusing 'both Of us to
the circle. "Mr. Drew ;will return an-
other evening," he remarked. "1
,would speak to him in the quiet of
my home to -night." Something in the
(tone of his voice led me tto know that
he wished to talk seriously in private
and as if to impress the fact more
emphatically, we walked in silence to
his home.
"Did you notice the tall, -white-
haired man who left the room before
we did?" he abruptly asked.
"Yes."'
"That man has been in Stringtown
for a week. He stops at the tavern,
but has no business here, unless it be
in connection with this casein which
you are concerned. He has been ask-
ing questions of all kinds regarding
(Red -(Head and yourself, and has in-
quired into every detail of the poison-
ing affair. He . has interested himself
in Red -Mead's record since he came
among us as a boy. That he is ,not
alone is shown by the fact that many
uncouth men call to see him, but they
soon depart. The rumour has gotten
out that he is a friend of Red -{Head,
from the mountains, and that a scheme
for the boy's rescue is contemplated."
"And how am I concerned, Judge?"
"'That I shall ,now tell you, Sammy.
iWould to God you had kept out of
this easel You were asked to remain
away from Stringtown until after
(Court week, were you not?" His eyes
were upon me.
"Yes."
"And the messenger told you that
such was also my desire and advice?"
"Yes."
"Did you forget that twice you
promised to follow any aldvice when
the time arrived for inn to serve you
by asking you to grant me a favour?"
I made no reply.
"As a judge, sworn to do, the duty
of a judge to this great Common-
wealth of Kentucky, I could not well
do more. As a friend to you, I could
•do no less. Why diel you not take the
advice of your two friends?" Before
I could answer, had I any reply to
make, he continued: "Ugly things are
being said in Stringtown. The ,people
of .Stringtown County, too, are con-
cerned in this case, more so even than
(when old Cape was tried for stealing
the gold. 'There are factions, among
us, and some viciousness begins to
creep in; not that Red -Head has made
friends, Mei that this thing of sending
outside the State for an extpert to tes-
tify against one of our citizens is an
innovation."
"But
"But why do they accept that my
testimony will be against him?"
"Because you are engaged by the
prosecution, and, people believe that
chemical experts sell their evidence
and give theirtestimony to support
the claims of the side that engages
them; and," he added, "it alsoseems
to me that expert chiemical testimony
is not always on the highest moral
;plane."
"But I surely found strychnine,
Judge; should I not give my evi-
dence?"
"It is now too late to retreat, and
'for this reason I would speak to you
in confidence,, iSalnmy. Your father
was my friend; you need advice, as I
once felt you might, and even though
II am to be the ju'd'ge of this ease, I
+am in darty bound to give it,"'
"You have :.my thanks for your in-
terest,.and '1 regret • now that I did not
take the 'hint you sent ;i 'Susie".
"Had I ,not believed that you would
listen to her ;pleadings, I might have
made it stronger, but it .is now, too
late. Sammy," he continued, "you'are
satisfied' concerting the chemical
iprovings you 'have made?"
•'"1 am,;'
it 'no't pro'balble,; or at least pos-
sible, -that you place too ,great cred-,
6008 in statements made by author-
ities in whom you confide?" -
"No, for, I have veriified" thetieac-
tions."
"May not conditions unknown to
you induce other bodies than strych-
nine to give the same readtiolrs."
"Positively not."
"Are you"—he hesitated slightly—
"proof against prejudice that on the
one Mand bind's you to blind confid-
ence in scientific methods, 'and on the
other hand leads you to desire to help
the . side that secured your services?"
I winced, 'for Ifelt 'the thrust even
through the kindly tone of the judge.
"I am :a man of seience, and free
from .prejudice."
"The faith you mets of science have
in human .aithority; and the sneers
you cast on the Supreme Ruler, and
the dogmatic conclusions of men :who.
search in fields your science is ' too
feeble to invade', seenn to me very
near man -worship or egotistical• fan-
aticism. Sir,"—he .spoke severely
now—"1 Sail to see the difference be-
tween your blind allegiance to ever-
changing science and the fanatical
faith of a superstitious slave bound to
signs and omens, which result from
the empirical observation of cycles of
phenomena; but let that thought pass
and turn to your own sellf. Are you
free from human error?"
'Yes, in this case, for I have gone
over the reactions again and again."
'Enough, Sammy, enough; would
that I too, felt this .sane confidence in
man's infallibility and in the science
that holds you in her toils. I am an
old man, any child, and' have met
many dramatic and pathetic experi-
e'n'ces. I have seen men shot in the
heat of passion, and have sentenced
men to the gallows on the testimony
of witnesses who. saw the plunge of
the knife or the flash of the pistol
held by the murderer. But never yet
have I been forced to candennr a man
to the gallows on the evidence of a
person who was in another State at
the time of the murder, who not only
did not see the crime committed, but
,who knew nothing about its occur-
rence. And, Sammy, whileduty to
the Commonwealth will not permit
metoever shrink from doing my duty.
to man and .men, in ail earnestness I
pray God to strike ole dead before on
the testimony of Samuel Drew• I am
:forced to hang this boy. Mark well
your words, Sammy; on them rests
a human life..A defenceless .man to
whom life is sweet lies now in the
dItringtown. County jail — one from
whom no man has the right unlawful-
ly to take one bright day. Mark well,
too, the position of your odd friend,
the judge,wwho begs you to err on
the side of humanity rather than to
do a wrong in the belief that science
is infallible. Give this helpless mac a
Benefit of every doubt, whether it hu-
miliates your science, disturbs your
dogmatism, or checks your ambition.
lIn after years you will find that you
have made no mistake."
I arose to go, arose without con-
ceding that there was a chance for
me to err or relent. At the door the
judge held, my hand long, and after
bidding me,good bye said, „in the most
earnest tone'( had eller known him -to
Use: `God grant, Samuel Drew, that
you do not oau'se me to hang an in
docent mac;' and after I had passed
front his door he called me 'hack.
"Sammy, there will .b'e trouble next
week; hear up .bravely, dare. to do
right even though it be at ambiiien's
expense. 'Sammy," and his voice sank
very low, almost to a whisper, as his
lips spoke into. my ear, "keep what I
say • in confidence. The ald'm,an you
saw leave the grocery is named •H'ol-
coanlb; he can'ie to Inc fast .night and
I• drew up his will. He deft all h'is'pos-
se'ssions, both real and personal, to
R'eci-IT-14d. an+d ,S.usie, share and .share
alike; hut,sa+id he,'Tn case Red-iilead
dies=anld he may die suddefi'ly, : but
*will never be hung -it must all go to
the girl Susie' Thergill be,trotrblein
Stringtown 'County 'Ooart next week,
I alttetan'ted lo withdraw' rip hand,
but t'he-speaker held it and continued::
"This is Keaiitalcicy, not Ohio; Ken The case opened in the:,esnal Way'
footstep
S'avrinyo' " and interest `soon eentred in the' 6vi-
Bront the loco cif' Jodge Ilford I deme that- came rapidly l before the
an -
turned with heavy heart and lagging' !Court and jury. The prosecution an-
�footstep.toward. the .home of myimo- nonaced that it1 tended 110 prove
thcr, realising now that the coming that po son was Llie cause of Mr.week would brig _'a death crisis to' Cyo'rdnuaii's death ankh that ' the drug
,someone I knew, and dor the first hadbeen' purchased by The prisoner,
dime I ai,p;preciated the fact that I was •an"cl administered by hips to the viz -
not a mere onlooker. >tini. Tothis the'attorneys•for the de-
• hese closing words in -.'my mind Ifcuce interposed a denial; feebly it
when 1 raised n g eyes "from `the to nae, although it' is possible
'ground because of a stop that sounded (halt being in the dark concerning the
on the stones ahead of •nae• _A'tall fords nature of the evidence to be offered,
carie Into the moonfig-ht,,passed ole 'they could not in opening rnaTke their
close and disappeared behind me. It denial stronger. As the trial progress -
was the old man from the i1i'oimitains. ed it could be seen that the judge pro_
OHA,PTE'R LXI posed to conlfne both parties to a
strict 'statement ,:of fact,'for 'ever' at-,
Suaie, Red -Head, and Myself Again; tempt to lnte'rjeot side i'ssue's or to go
into personalities .was s'kiliuil'y defeat-
e'd by his rulings, and yet :the day
'passed before 'the prosecutor 'was
ready to oall me as a witness. Every
step was tenalciously 'combated by
Counsel ' for the defence,: who, as the
theory of the prosecution unfolded it-
self, became a'ggre5sivel'y violent an+d.
left no stone unturned 'in his attempt,
to d'iscred'it a witness or. cast cioulit
on the evi'denice. When time for ad-
journment carne that night, the pro-
secution had proven: •
,Furst, That Red -(Head and Mr.
Nordmaa had quarrelled a few days
previously to his death. Ik was shown
that, out of patience With his indolent
habits, Mr. Nord''man 'li'ad scolded
him for not 'working. The witness
who testified' to this stripped to•baoco
in Mr. Nordman's barn and heard ev-
ery word 'of the altercation, and -also
heard Red - !-lead swear that he would
be revenged.
'Second, 'The village druggist testi-
fied that he sold Red -!Head one-eighth
ounce of strychnine. His book of
poison sales an Which the entry had
been trade and • dated was ,produced
as evidence and admitted. The. prison-
er had stated that the stiycheine was
for' Mr. Nordinan, who d'essired to put
it in the carcass of a lamb that had
+bee» killed by foxes, which letter he
hoped to kill when they returned to
(feed, the coining night.
'Th'ird. The servants -testified. that
.l'Ir. Nordman arose . in good health
the morning of his death, ate a jigh't
abrea'lefast, as was his habit, and that
'Red -{Head alone breakfasted with
by the side of the prosecuting attor- 'him. Very soon thereafter he was
ney, and then raised my eyes to the stricken with a severe pain in the sto-
chair where sat the man charged with mach; and then they gave hien a dose
murder, the very place and apparent- cif laudanum and called the grhysician,
ly the very chair ii) which Cupe once Fourth. The ,physician testified thiat
sat. His hair was red' as of yore, he found Mr. Nordmat, in great pain,
sorrel -red, like no other hair I had muscular convulsions having set in
ever seen; his eyes were fixed on 013' and paralysis of the legs, He adminis-
fa'ce, those same little yellow eyes; tered an emetic, to which, however,
his red ears and that florid face cov- •(he patient did not freely respond. In
ered with freckles were before me reply to 'a direct question of the pros-
again, Tanker and longer was that' ecator the. witness said that the case
crimson neck. I -looked him square' in presented all the sympto'91s of st 'Ich-
the eye, and then my _glance, not his,' nine poisoning,
fell to the floor, but not before II This closed the evidence of the clay
caught a .glimpse of a gentle move- and I: was .informed ' by the prosecu-
ment of the left ear, the amocking tion thatmytestimony would be ta-
movement fannil.iar in other years, and 'kelt immediately after Court convened
I knew that he yet defied me.the next morning.
next I raised ne eyes they:l
ni
Y y CHAPTER ',XII.
naught the forin of the sheriff, who
with a brace of pistols in his leather "ThejFoud Is Over, Holcomb."
belt stood :close to the prisoner, and That nightI awoke often, for in airy
then I turned to the audience. The ears rang again and :again the words
room was filled with men, and no one of judge Elford: "You . will hang the
needed to tell inn they were from far prisoner, Sammy."
and near. I recognised many String-, ,That sentence still dominated my
town men,. I also saw many whom I mind when Court convened next
felt were amen of Stringtown County;'.morning; but when I looked at' the
and there, too, sat the tall man from presiding judge no evidence of emo
the )mountains of Kentucky. In full 'tion on his part couid beseen; pas
view cif the prisoner, neither seemed sive and composed he satlooking
to notice the other. He was flanked about.the room, apparently as uncon-
on either side by a line o.f men dres's-, scions of personal responsibility as
ed in the same manner as himself; in- any of the spectators. I seated myself
deed, I should say that he formed the by the side of the prosecutor and pro -
'Central figureof a group distinct from needed to arrange my specimens, re-
our home folks, but they seemed not agents and the :apparatus. The eyes of
to know each other. Ian in the Court were now concentrat
And then my:eyes turned toward ed on use, even 10 Oaf olf the prisoner,
the front row, scanning each face un --'who scarce ten feet distant, sat be -
til they rested on that of one I he.'
sorbed,
the armed sheriff. Seemingly ab
-
til
though''( to meet again in the sorbed in manipulative op'erabi•ons; -I
Court of Stringtown County. There yet • noticed every movement of those
sat Susie, her eyes fixed onspace, f about me from
time
to time I raised
My heart fluttered and L'wished (blot+my eyes 0117'y -to catch the fixed gaze
instead of sitting by the prosecutorI of whomsoever they rested on,. where
were in the place of old negro Cupe,
'soever they turned juryiven, sheriff,
who sat by her• side. Then came a 'attorney for the. prosecution and'•.. for
mental .inventory, and by -a mind-IThe dole rte, H.o1co'mh from the mbar
flash I saw that we three, Susie, Red.' tains' Cupe; Red-II/tad and Susie,. all
Bead and',niyself, were once
,
morel --all I say but one, judge Elfiind. He
con'ftanmiteg one another acid our -fate; I'seemted 'unconcerned regarding either
and I eaw'to'o"that, seemingly we h,ad
any presence or my movements.drawn into, the turriroil all who both,( That he e awaited my convenienlce I
saved and hated us and it seelmed to .knew; and that this famous; case had
In-
tense
ire as though, be is superstition or not idralwnf itself datcii, and ..• had 'focusse'd
tselme I' . _
every condition necessary to a tragic
an also know'Aiesd'
end of one or' ail was mow perfected. ,tease Oiliness, friend and foe, taction,
II knew•that nature of the men a'b'out, ;feudist,:. judge, , prisoner. and jury
II knew that mlany Men had•s'but to put
their hands insidetheir; coats to de-
fend their honour or their friends, and
1 realised too, that every man'' present
knew both his enetuy and his friend;
but no- evidence•of this' fact: could 'be
seen in face or action. 'T'hen'I turned
again to Judge Elford, he whom every
iron in the room respected, be who
s'o'w 'stood 'before all this. assemblage
sworn to .sift , the right from ' the
wrong, and. who I Ihiew,-far' ie' had
told ane 'sd='believed that 'before thie'
case closed some oif those, present
en
would have setheir fast oearth.'
Wile wonting of the trial • dawned,
rand 1 entered the special bus that had
been engaged to take two attorneys,
;the judge, a few close :friends of these
ge'lltle+nlen—a ,few jurylnen among
them --ane( :m'yselift to Court. It was
.the way I: had passed to the trial df
Cupe.
'I looked neii.her to the right nor to
'the left as we passed '••through the wi1
lege, but followed Jludge Ellford to the
court -house, where I felt a sen'sa'tion
of relief as I entered the portals of
that stone building, with its great
round pillars in front and its iron -
;barred jail in the rear. I then held my
final audience with the (prosecu'tin'g at-
torney, and at :last stepped into the
court -room: of ,Stringtown County.,
IThe judge sat in .his ,place exactly
as he did when last I saw him, years
ago in that sante seat. Time had en-
feebled him physically, bat not men-
tally, for that fine intellectual ;face and
placid brow were surely the snore im-
pressive by reason of the lines that
age had deepened, and by the touch
of brighter silver left in his snow-
white beard and hair,
The jssry was in its place, its mem-
bers typical of the former jury be-
fore which in this very room I had
been a witness; 'sone of them may
have been the same individuals. Be-
fore each man stood that ever -(present
box of sawdust, and -from the move-
ment olf their jaws or the pouched
cheek it could be seen that none need-
ed to be instructed concerning the ob-
ject Of these utensils. I seated myself
were awaiting 111y. voice. I turned any
eyes' to the jury;-ao•t a mouth was in
motion,firm set :were each pair .of
jaws, never before had such a thing
;been known in Kentucky: The last
boulch was ;.gliven the vessels before
die, and then I whispered to the at-
torney ip'y whose "side r sat: "II am
ready," and raised my : eyes to the
face of the judge, who, ' catching the
movement, without awaiting voice to
bid hlisis open the court, , bade me
arise, A strange innovation did he
then 'snake,' an .iiinov'ation,,that struck+
me to the heart; for instead of 'turn-
ing die over to the eleric to be aw'orn,
as hrci been done with all other wit-
nesses, he too arose;, and before' Bolsa
I held' up :my hand, and frgm hiin
carne in deep, measured' tones the
;question of the 'oleins oath: "Deo -you
solemiahy swear`to tell the tnuth, the
wlt'ole truth and nothing but the
inti th 1"
"I do.J
'My voice startled ire. I1 any man
wdioreads these lines 'could have been
'111 my. place, he too would have been
startled by that first word, The•pa'st,
with its prelsentimeots and omen's,
/show crystallising inito form, the mid-
night pleadings of the girl •I loved,
the• solemn a'dv'iice of Judge E'llfdrd;
yetwere in my ear, The ominous
circle before tie, the doubt concern-
ing tre reoelpbion of day testimony,
and_aastly the pensive ;face olf iSusie to
my 'right and the 'hateful face of, Red -
[Head to
edIHea'd'to my left' were enough to dis-
19085585 one more : experienced. But
the sensation 'that followed these
;words passed and an the calm ,tihat
ifotlo'wecl I- became 'myself, ready to
protect any reputation. I looked • a't
IRed-Head; his gaze was fixed on me;
our eyes met,: and I saw in them the
Full' measure of .hate, I -felt in my own
'heart; 'and',•then I •sand • to. myself: '34
I don't Jiang. that fellow' he will shoat
me dead when next we meet. If brain
does not conquer now, ,it will be
Muscles' turn next" Point by point
ithe prosecution drew from the the
sbatemient that I had ewamlined the
suspected liquid 'for all known poisons
bath inorganic and organic. Sind then
II was led to the reaction's of strych-
nine and to its location among dile
!poisons, These I gave in detail, tlhe
!p'articulars of .which 'need not he re-
peated, and finally I was asked:
"Did yet. get those reactions from
the 'snlbstance tested?"`..
"I did."
'Have you specimens of the subs-
tance?"
I have.
"Can you show the jury and; the
Court the group test for alkaloids and
also the colour of reactions of strych-
nine
t,
"I can."
"I ask, then, that Professor Drew
be allowed to corroborate his testi-
mony by ex erinlents that will sub-
stantiate his words;" and an this
point, alter a legal battle with the at-
torneys for the ddfence, the judge
ruled' in our favour. Then I made the
tests .for alkaloid'swith the group re-
agents showing the ,presence of alka-
loids. Next I made the .respective col-
our test with morphine which did not
respond and then with strychnine
which did, each juryman craning his
neck close about. me in order to get
a good view of the purple or blue -
Violet colour that sprang into exis-
tence in that 'porcelain dish, where'the
strychnine test was applied, to fade
away into green, and red.
`That is the reaction: of stryehaiine,"
11 said, and ,proved it by means of a
crystal' of pure strychnine,
Then came the final question: "You
swear that you lfotutd strychnine in
the contents of tbait stomach?" ,
"I do."
Opposing counsel :now viciously as-
sailed me, but to no avail," for I
:brought my authorities and Showed
bhat• this test was -accepted by chem-
ists of the world, and that Fowne,
Fresenius, Turner, all considered it
conclusive, and at 'last, triumphant, I
was dismissed.. •. "
Judge Elford now came down from
his chair. "Repeat -the tests that I
may see ,them .chase," he said, He
stood over die,' and, side by side, both
sfiryohnine and' the suspected sub's=
Mance, I gave the test , foralkaloids
and also the colour test for strych-
nine. The sante violet'blie colour
carie with booth, ;
"'Will no othez4 substance produce
that reaction?"
"None."
"This is' a great world; there are
iteany coirant1ies in Ill; do nolle of the
thousands of forms of vegetation in
these various .lands act as d'oes'ethis
substance?"' He spoke into my very
ear.
"Not to my Science
Says n'o."
"The servants administered' a dose
cif laudanum, and l:audaaum contains
monplvine. Is not morp'h'ine an alka-
loid?". -
knowledge.
To be continued,,
PROFESSIONAL CARDS'.
Medical
;DR, H, HtACIH RO'S'S, Physician,
and Surgeon. Late of London, How-
pital, London, England. Special:
attention to diseasesofthe eye,'eer,,
nose and throat. Office and anal-
dente behind Dominion Bank, Office
Phone No, 5; Residence Phone l(l4.
'tsR. F. J. BIURIROIWS, Seaforth;
Office aiid residence, Godericii street
east of the United Church. Coroner
for the County of Huron, Telephone
No. 46:
'DR. C. MIACIKIA?Y —C. Mackay,.
honor graduate of Trinity University
and gold medallist of .Trinity Medical
College; ' member of the 'College of
Physicians and Surgeons of Ontario-
DIR. F. J. R. FO!RSTER-(Eye, Else
Nose and Throat. Gradualte in Medi-
cine, University of Toronto int.
Late Assistant New Rork Ophthal-
mic and Aural Institute, Moorefield**
Eye, and. Golden Square throat hospi-
tals, London, England, At Comae-
ercial Hotel, 'Seaforth, 3rd Monday ie;
each month; from 11 a,m. to 3 p.m
DR. W. C. SIPIROAIT,--Graduate of
Faculty of Medicine, University of
Western Ontario, London. Member -
of College of Physicians. and Sur-
geons of Ontario. Office fat' rear oir
Aberhart's dtug store, Sea%rt!.
Phone 90. Hours 1.30-4 p.na., 7411
-9 p.m. Otherhours by appointaae*t.
Dental
!DR. J. A. MLTNIN, Successor te.
Dr. R. R. Ross, graduate of North-
western University, Chicago, ill- Li-
centiate Royal College of Dental Sur-
geons, Toronto. Office over Saw'
hardware, . Main St., Seaforth, Phone
151.
DR. • F. J. BECHELY, graduate -
Royal College of Dental Surgeons,
Toronto. Office over W. R. Smith's,
grocery, Main St., Seaforth. Phones,
office 105W, residence 1B5f.
Auctioneer.
GEOIRIGIE . ELLIOTT, Umlaut
Auctioneer for the County of Huron.
Arrangements can pe made for Sale.
Date at The Seafor!'h Netys. Charger.
moderate and satisfaction guranteed.
WATSON AND ,REID'S,
REAL ESTATE
AND INSURANCE AGENCY
(Succssors to James 'Watson)
•M.AILN ST., SEAFORTII, ONT.
All kinds of Insurance risks effect-
ed
i%cted at lowest rates in First -Close
Companies.
THE McKILLHP
Mata I
a Fire la
sitranca
FMA11zM AND ISOLATED TOWN
PROXIMITY, 0 -L Y, INSURED -
.
Officers •- John Bennewies,
'hagen, President; Jas Connolly, •God-
erich, Vice -Pres„ ID. IF. 'M'c'Gre'go ,.
'Seaforth No. 4, !Sec,-Treas.
' 'Directors -(Geo, R. McCartney, Sea.
forth No. 3; Alex. Broadfoot, Sem-
forth No. 3;;''J'atnes Evian's, .(Seaforth.:
No. 15; Rohl, :Ferris, Blyth No. I; Sas.'
ISholdice, Walton No. 4; John, Pepper, '.
1Brucedeld; William. 'Knox, Loathes-,
borough, -
Agents :Jas, Walt, rB'lyth ' o. It;
E. IHfnchdey, (Seaforth; J. A. Marrero
Seaforth No, 3; W. J. Yeo, Clfntom,
No. .3; ,R. 'G. IJ'abmuth, Bornitolra:
!Auditors jas. 'Kerr, ;Seaforth;.
Thus, Moylan, Seaforth No.. 5.
Parties desirous to effect insurances
or
as cacr-
or transact other business, will he
promptly attendedto by .applications
to -any of the above named officers ad-
dressed to their respective past
offices.
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