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The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, April 09, 1915, Image 2

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A Unique Murder Trial as
Described by the Foreman
of the Jury, In Which Is
Revealed the Most Astound
ing and Inconceivable Act
of Rascality.
Copyright, 1305, by Harper Bros.
CM— . «-»-»o
Tue office of foreman on tlie jury in
the People versus Emory case falls to
the lot of Mr. Lambert, a literary man.
whose qualifications lay in his absolute
ignorance of the case, Ferris Barstow,
h man of tenacious tendencies, is the
lawyer for the accused girl. Alice Em
ory. former private secretary of Greg
ory Slaw, who was found murdered
mysteriously in his home. In present
ing the case to the jury Denke Gilbert,
the prosecutor, explains the facts in
detail, and the evidence nil points to
the guilt of the accused. The fore
man, homeward bound, assists Barbara
Frayne. a young horsewoman, and un
willingly listens to a declaration on the
Emory case. Barbara believes Miss
Emory to be innocent. The foreman
visits the scene of the murder. View- J
Ing the home from the outside, he over
hears Madeleine Mapes, the housekeep
er. endeavoring to persuade Betty
Field, another servant, to forget all
about a blue skirt she had seen the
former put in the furnace. At this mo
ment Barstow's assistant. Mr. Hunt,
visits the women in an effort to get
them to leave the neighborhood where
their testimony might injure the ac- ;
cused. The trial opens. Lambert forces :
valuable testimony from the architect
who had drawn the plnns for the Shaw
house. Gilbert produces evidence that
forged Shaw checks were made out to
the order of Alice Emory. When court
adjourns Lambert gets a message to
call up 22 Follicet and is told by Miss
Frayne that she occupied Miss Emory's
room on the night of the murder and
that Miss Emory was not there. Soon
thereafter Lambert is approached in
a dark lane by a man who Lambert be
lieves is Barstow's assistant, Hunt, but j
who calls himself Gilbert's assistant
and gives the name Corning. This man
tries to worm from Lambert his reason
for desiring to leave the jury, but fails". ,
Lambert is "warned he shouldn't leave ;
for Ilefryville without first consulting
the judge. Lambert ignores the warn
ing and plays the part of hero, with
Barbara a witness, by saving Miss ;
Mapes and Betty Field from what
looked like a runaway. The driver is
pitched off his seat and is badly hurt.
He proves to be Hunt in disguise. The
defendant is led into the court leaning
heavily on the arm of her lawyer.
Bayne. a juror, characterizes it as
"sham" to Lambert. Gilbert produces
evidence to show Shaw swore he was
unmarried. Barstow and Gilbert have
many tilts, and the latter has the
courtroom locked "while he examines
Madeletne Mapes about the blue skirt
which Miss Emory gave her. The
testimony further implicates Miss Em
ory. Barstow next takes the witness
and tries to place suspicion on her. He
questions her so viciously that Miss
Emory protests. This he ignores, and
in her anger his client rises. He at
tempts to hold her. She frees herself
and calls him a coward as Miss Mapes
faints. Bethna Field is terror stricken
when questioned about the blue skirt.
Gilbert makes an unusual move by
calling Lambert, the foreman, to the
Uncomfortable Moment».
1 STAKED at the speaker In as
tonishment as lie asked me to
become a witness, scarcely be
lieving my ears, but before I
had completed the wondering inquiry
■which rose to my lips Barstow had in
terrupted with a protesting roar.
"Your honor, this is outrageous,
barefaced intimidation of the jury! I
object and protest. You cannot toler
ate such action sir! It is insulting to
the dignity of the court!''
The passionate outburst brought half
the spectators to their feet, and the
Ravel crashed upon the desk again and
again, the Judge leaning toward the
excited audience in a threatening atti
"Sit down!" he shouted angrily. "He
seated, every one of you! Another
minute and I'll clear the benches.
Officer, arrest the next man or ■woman
who rises."
The commotion gradually subsided,
but the old jurist continued glaring in
dignantly at the crowd for some sec
onds after order was restored. Then
he turned to Barstow with an expres
sion of menacing severity.
"1 object!" Barstow again almost
shouted. "The court; a cannot coun
tenance this proceeding in any manner
whatsoever. If it does the case may
as well end here and now, for no ad
verse verdict rendered by a jury under
euch circumstances would stand for
one moment on appeal."
"I will assume the responsibility of
sustaining the verdict in this case,"
retorted Gilbert meaningly.
"Of course you will," sneered Bat
stow. "But I warn you there's enough
queer law in this case already to keep
you busy without making it utterly
Every note in the man's voice was
Irritating, and I began to suspect that
he was deiberately seeking to anger
the judge, but how lie dared rouse the
"Yes , sir; I can."
old gentleman at such a crisis passed
my comprehension. Suddenly it occur
red to me that he might be endeavor
ing to provoke the court into deciding
against him, and as 1 remembered his
boast tint any adverse verdict of the
jury would be overturned by the high
er courts if the prosecutor's request
should be granted I became convinced
that this was his settled purpose.
"Mr. Lambert. I will ask you" -
I leaned forward ns the judge ad
dressed me. but Barstow waved me
back with both his arms.
"Don't answer the question, Mr.
Foreman!" he shouted. "I object, your
honor! I object! Tf you interrogate
the juror now I warn you the case is
ended, and you will be held responsi
"1 will be held responsible!" the old
gentleman thundered, his face flush
ing with anger. "What do you mean,
sir? You are offensive and—and inso
ent. sir. and I warn you to—to— Your
objection is overruled, sir. Now sit
Barstow's eyes were glittering with
excitement, and I could see faint
traces of a dangerous smile on his lips |
as he uttered the sinister rejoinder.
"Mr. Lambert, do you solemnly
swear that such answers as you shall
make in this cause, between the people
and Alice Emory, shall be the truth, ,
the whole truth, and nothing but the I
truth, so help you God':"
I bowed my head over the Bible j
which the court attendant placed in ;
my hand, and, looking up. met Bars- :
tow's evil leer of triumph.
"Now, Mr. Gilbert, proceed with j
your examination." directed the judge. |
The confusion of countless witnesses |
must have bewitched the chair in
whi'-li i sat. for my brain whirled mad
ly and for a moment I could not have
told the prosecutor my name.
"Mr. Lambert, declare any fact, of
which you have personal knowledge
affecting this cause."
Barstow's arm shot out. and his
hand fluttered in protest ; is the pros
ecutor framed hi< question.
"Don't: answer, Mr. Lambert!" he
shouted. "I object!"
"Objection overruled," snapped the
Gilbert repeated his question, and as
he phrased it I partially regained my
self possession,
"Shortly after the close of the first
day of this trial." I began. "I was in
tile neighborhood of the Shaw farm
house. and. never having seen it, I
stopped and inspected it from the out
side. and while doing this I inadvert
ently heard a conversation between
Miss Madeleine Mapes and Mi-s Bet
tina Field."
"Stop!" thundered Barstow. "I ob
ject; This is not the witness' personal
knowledge. It is hearsay and not
binding on" -
"Objection overruled ami
granted," interposed the judi
M r. 1 inrstow," he continue 1
further interruption, it.
that you
■ Now,
erruption, it. is understood
object to each and every
if t Iiis witness, and each of
your objections is overruled and an ex
ception noted. Will that satisfy you?"
"Yes. sir. and I am also salNticl that
t ho further continuance of tins trial is
a waste «time, and I request von to
discharge i bo jury."
"I decline to grant the rennest "
"State the subMan'-o
versation you heard. M
prompted his honor.
the eon
"As nearly as I can r
answered, speaking to tin
Mapes warned the other
•member." i
jury. 'Miss
woman that
if talkorl to«» much or lipoaiiKi con
futed shf might bo guilty of munlo!'.''
Hid thoy talk about any particular
farts in th ( . <-ase: M
1 lu* judge s question bounded as
though whispered in my ear.
'♦Yes. the subject of the blue skirt
was discussed, and Miss Field asked
Miss Mapes how slit was to answer
certain questions which might be ask
ed concerning it."
"Such as what?"
"Miss Field seemed to fear she might
be asked if she had ever seen the blue j
skirt, and Miss Mapes told her to say !
she hadn't. Then Miss Field said j
something about having seen it in the j
furnace, and Miss Mapes asserted that j
her companion didn't really know that
it was a skirt she had seen there and
advised her to deny all knowledge
of it."
Often as I had thought of this con
versation I never realized the damn
ing effect of it until I repeated it In
court, and the silence which followed |
was ominous of the impression it ere- I
"Did you hear anything else?"
I hesitated as Gilbert put the ques
tion. and 1 saw Barstow watching me
"Yes." I answered steadily. "I heard
a conversation between Miss Mapes
and a man who claimed to represent
Mr. Barstow. in which Miss Mapes
m;is urged to leave the state with the
Field girl and remain away until after 1
the trial."
"Did you learn the man's name?" i
"Miss Mapes referred to him as Mr. j
Gilbert paused and. turning to one of
his assistants, stooped and whispered
in his ear.
"Have you' anything further to de
clare. Mr. Lambert?" he inquired.
"Yes, sir." I responded. "I received
information over the telephone that
Miss Mapes had occupied Miss Em
ory's room on the night of Mr. Shaw's
death, but Î cannot positively swear
who talked to me over the wire."
Barstow rose and. moving to the
far end of the jury box. stood watch
ing me with embarrassing intensity.
"The night before last, a few min
utes after 1 received the telephone
communication," 1 continued. "I was
interviewed by a person whose voice
] recognized as the man called Hunt,
who had talked with Miss Mapes in
the Shaw farmhouse. He introduced
himself, however, as Mr. Abel Corn
ing, one of the prosecutor's assistants,
and attempted to find out what 1 had
learned about the case outside the
courtroom, saying that if I would tell
him everything he would endeavor to
persuade the court to excuse me from
serving on the jury. I declined to give
him any information, and yesterday I
encountered him driving Miss Mapes
and Miss Field in a closed carriage
along the Follicet road."
"Did you have any conversation with
him then?"
"No, sir. There was an accident, as
I think your honor knows, and the
man was badly injured. I know noth
ing more about this case except what
1 have heard in the courtroom."
Gilbert turned and nodded to his as
sistant. who immediately rose and left
the room.
"I have no further questions to ask,
your honor."
"Now, Mr. Barstow."
The judge glanced at the defendant's
counsel, who still stood beside the
jury box, but the lawyer, instead of
answering directly, moved to the rail
and addressed the stenographer.
"Counsel for the defendant does not
participate in the examination of the
juror," he dictated, "but lie requests
the court to take notice that the wit.
ness-juror carries in his pocket a
newspaper containing an account of
this trial and praising his efforts on
behalf of the prosecution.
I clapped my hand against my side
and discovered with dismay that the
sheet Miss Frayne had given me was
protruding from my pocket. It needed
only this to complete my humiliation
and chagrin, and I felt my face crim
soning as I turned to the bench.
"I have not read the paper, your hon
or." I blurted out. "It. was intrusted
to me for safe keeping, and I have
seen nothing but the headlines and
those only by accident."
There was a titter in the audience,
and as I glanced over the room 1 saw
Barbara Frayne rising from her seat
and instinctively 1 shook my head.
"Do you demand the discharge of the
juror upon the ground that he has this
newspaper in his possession?"
Barstow hesitated, watching me with
an insinuating smile.
"It isn't necessary," ho responded at
last. "One good reason is enough, and,
having given more than one already, I
will let well enough alone."
If the judge had been upon the point
of yielding. Barstow's indifferent -al
most contemptuous — answer would
have changed his misd, and I could
not understand the man's deliberate of
fensi votiess.
■Fudge Dudley addressed me.
"Mr. Lambert," he began, "'answer
me on your oath as a juror. Have the
facts and occurrences which you have
related had stich an effect upon your
mind that you cannot render a fair and
impartial verdict in this case on the
sworn testimony heard by you in this
( courtroom?"
"1 would rather be excused
serving, your honor." T replied. '
I stated my position before the tr
"Yon ha\e not answered my question,
sir." he responded. "Can you render
an impartial verdict on the sworn tes
: tiniony. disregarding all matters which
! have reached you. directly or indirect
ly, outside the courtroom?"
"Yes. sir; 1 can."
His honor nodded approvingly as I
spoke and turned again to Barstow.
"Have you any motion to make, sir?"
he inquired.
' |To be continued.]
and I
a 1 1 io
AGlanceatCurrentTopicsand Events
Sell Live Chicks For faster.
New York, March 30. — The novel
though thoughtlessly cruel custom of
giving live chicks as Easter remem
brances lias found wide popularity
during the present week, hundreds of
the Huffy little "peeps" being sold by
downtown dealers. The chicks for
convenience in carrying were usually !
placed in small white boxes, in which
air holes were punched and tied neatly
with white or lavender ribbon.
These sell at. a quarter each in such
quantities that the supply in some
shops is exhausted, and new lots from
the incubators are ordered.
The practice, though unique, caused
considerable criticism because of the
fact that the chicks were bought large
ly for the amusement of children. The
early death of the tender sifts in the
hands of unthinking youngsters is as
sured. and. though the idea in the ab- ;
si t .u t is a pretty one. a continuance of
the custom is expected to meet, with
opposition from the Society For the
Prevention of Cruelty to Animals.
Our Reserve Army of Sixteen.
Washington. March 20. Not" long ago
three army officers were testifying be
fore a house committee on the matter
of a bigger army, when one of these
officers remarked that the reserve army
if the United States numb
I ! cprcsent at ive Augustus
red sixteen.
P. Gardner
f Massachusetts happened to be près
Hioto by American Press Association.
Representative Augustus P. Gardner of
ent, and with his ever present sense of
humor he resolved to give the sixteen
a dinner. He wrote to the war de
partment for their names and ad
dresses. and the war department be
came slightly irritated. Nevertheless,
the list was furnished.
As Washington looks at it. Mr. Gard
ner has mapped out a pretty big task
for himself. Inquiries by friends re
cently drew from him tue smiling in
formation that he had been so busy on
the shipping and immigration bills that
he hadn't time to think much about
the dinner, bur that he intended to go
through witli it.
There is one feature, however, that
is causing Mr. Gardner's friends con
siderable merriment, the matter of
transportation. The list shows that
there will be one fare to be paid from
Porto Tüco. two from S.iin Francisco,
another from Pike county, Pa.; ten
from New York and Brooklyn and
others from Indianapolis and West
Philadelphia. But: Mr. Gardner is rich
enough lo humor his whin.
Hill to Start Cattle Boom.
St. Paul. March 30. University pro
fessors under the direction of James
.J. llili will conduct a live stock cam
paign throughout the northwest, it
was announced at the First National
bank, to which institution the pro
fessors are attached.
Howard It. Smith, processor of ani
mal husbandry of the University of
Minnesota and author of "Profitable
Stock Feeding," resigned his chair to
direct the work, which has already
started. Mr. Hill's campaign will be
exhaustive in character and territory.
Professor Smith began bis campaign
by talking to groups of farmens and
bankers, lie will explain how to raise
stock and how to finance the enter
War Horse's Life Is Twenty Days.
London, March 20. Twenty days is
the average life of a horse during the
present war, according to an American
horse contractor here. But the life of
a horse nevertheless, le declares, is
twice as long as that of a motor ve
hicle. The contractor s;(id:
"Some horses last longer tlrin twen
ty days, but they're exceptions, for the
fearful condition of the roads puts si
horse out of commission in le*s than
three weeks. Motor vehicles are sub
jected to terrific wear as a result of
bad roads and heavy loads. At the
end of ten days the average motor lor
rie is ready for rebuilding and often
for the scrap heap."
The computation is based oil risks
from explosives also.
To Secure Lasting Peace.
London, March 27. An organization
known as the Union of Democratic
Control has been formed by a number
of distinguished Britishers to lay down
principles to guide the framers of the j
peace terms with a view to securing a j
lasting peace by giving the people of'
conquered provinces the right to settle
their own destinies and reducing inter
national armaments.
The executive committee of the union
is composed of Hamsey Macdonald, M.
I*.; Charles Trevelyau, M. IV, Arthur
Ponsonby. M. P., and Norman Angell,
the leader of the international peace
Women Could Have Averled War.
Paris. March 28. Mme. Despard
French, sister of General Sir .lohn
French, who is on a visit to Konen,
delivered an address on the subject of
"The Entente Cordiale Among Wo
She said that If women had made
their influence more strongly felt in
public life, if they had better under
stood their role in all its domains, they
would have been a barrier against
which the ambitions of those who
wanted war would have been broken.
Mosquito Extermination Raises Values.
Mosquito Extermination Raises Values.
Atlantic City. X. .T.. March 30.--Dr.
Thomas J. Headlee, entomologist at
the New Jersey experiment, station,
told the New .lersey Mosquito Exter
mination association that mosquito ex
termination had increased shore prop
erty values from .lersey City to Ktim
son by at least $0.*loo.uoo. More than
1.000,000 persons had been relieved
from tiu< pest, ho said, and the cost to
none of the counties was more than -0
cents per capita.
The association asked the state to in
crease its appropriation for mosquito
extermination from $20,000 to .$.">0,000.
1916 Shakespeare Celebration.
New York. March ".o. The three
hundredth anniversary of Shake
speare's death, in 101(1. will bo cele
brated all over this country if pres
ent plaits arc carried out. A prelimi
nary meeting has been held in the
Kussell Sage foundation building un
der the auspices of the festival com- |
raittee of the local Drama league.
The purpose is to give pageants and
processions illustrating Shakespeare's
plays in many cities and towns.
Leading actresses and actors will form
a stock company and tour the coun-j
try in these plays.
Must Swim For Diplomas.
Princeton, N. J., March 30.—Unless
the students at Princeton university
learn to swim before graduation sev
eral members of this year's class will
not receive their diplomas. A regula
tion made by the faculty in 1011 re
quired students to test in swimming.
This regulation has not beeil carried
out. but this year it is the intention
of the university authorities to see that
it is put into effect. Several members
of the senior class have not as yet
passed the test, which is to swim 200
yards, showing a mastery of two
First Hebrew American Governor.
Boise, Ida., March 20. Moses Aiexan
der, Idaho's new governor, is said to be
the first Jew ever elected governor of
a state in the history of this country,
Born in Germany sixty-one years ago.
lie came to this country, when a lad of
fourteen, with Iiis parents, who settled
iu Ohillieothe, Mo. Mr. Alexander be
gnu his business career as an appren
tiep at $10 per month, but in a few
years had acquired a business of ltis
own. He early took an active interest.
iu public affairs, and in time was elect
ed mayor of <Tiiilicothe.
In 1801 Mr. Alexander removed to
Boise, Ida., and engaged In the cloth
ing business. This business prospered
until in time he had established a
chain of seven stores in various cities
of Idaho and Oregon. For the past
fifteen years he has been president of
the congregation Beth Israel of Boise,
the only Jewish congregation in Idaho.
Entering politics, he was twice elected
mayor of Boise, tlie first time in I s 07
and again in 1001. In 100S he was
nominated for gubernatorial honors by
the Democrats, and, although defeated,
ran 7.000 votes ahead of the national
ticket. Last September Mr. Alexander
received the regular Democratic norui
Mose3 Alexander of Idaho Is of Jewish
nation for governor at the state pri
mary election. He made a canvass of
the state on the issue of lover taxes
and greater economy in
tlie public
serv ici
• piment
1 was .elected over his op
a good plurality, although
the state is normally Republican by
from 12.000 to 15.000. He was the only
Democrat elected on the state ticket,
and the legislature is Republican in
both branches. 114 A J
Rich on Belgium 's Bread Line.
New York, March 20.—Dr. Percy 11.
Williams of the faculty of the College
of Physicians and Surgeons, who went
to Belgium in December to take chargo
of the feeding of nearly a million peo
ple in the province of Liege, is back
home. At the offices of the commission
for relief in Belgium. 71 Broadway,
Dr. Williams talked of his experiences
in the stricken country. The picture
he painted was one of the blackest
misery, a whole nation plunged into
deepest despair.
"My whole impression," said Dr.
Williams, "after all these weeks in
Belgium is one of tlie deepest gloom.
1 never saw a smile. People go about
waiting, waiting. They are neither
frightened nor are they hoping. They
arc just waiting. It. is simply a land
of 7 .000,000 people who are living oil
black bread and soup. Many of their
homes are iu ruins. Many of their
close relatives are dead or lost. There
is no work. For example. I went into
a lace store one day at Liege. There
were several clerks, but they told me
I was the only person who had been in
the store that day.
"Another impression; it is a country
of old people and of children. There
Mere over 700.000 children in Belgium
before the war between the ages of one
and nine years, and they are there
now. At Vise, for example, where
there is no longer a house, where the
whole little city is gone, I saw chil
dren. children everywhere. They are
Jiving in cellars and going to school in
sidetracked and wrecked passenger
cars. We gave them two meals of
food a day so that they might keep in
The Man Who Succeeded Cole Blease.
Charleston. S. ('.. March 20. Rich
ard Irvine Manning of Sumter, win*
succeeded Cole L. Blease as gover
f South Carolina, is n banker
and planter, and many of his ances
tors have been prominent, in the af
fairs of th" state. Mr. Manning was
born in South Carolina in ISÔ0 and was
educated in the common schools of
ounty and the University of
Virginia. Ho left college before being
graduated and returned home to be a.
j Richard I. Manning, Now Chief Execu
tivc of South Carolina.
planter. His ambition was to enter
i f| lf , ] aw , | in t he was obliged to give
• up the study of this profession because
! of poor eyesight.
Mr. Manning went to the Baltimore
convention as a delegate at large from
South Carolina, lie was an original
Wilson man and with the other mem
bers of his delegation cast every ont»
of his votes iu the convention for
Woodrow Wilson.
Boston Is Still the Hub.
Boston. March 20. i'upi's of Boston
get. more instruction in the "three it's"
than those of almost any other largo
city in the country, according to n re
port of Frank Ballon, director of the
municipal bureau of educational meas
Investigation showed, he said. 2d per
cent of the time in grammar schools
in Boston is devoted to reading, while
the average in fifty other cities is 21.5
per cent. In arithmetic and writing
i the Boston percentage is slightly above
the average. Pupils there give much
less time to spelling and more to sci
ence than elsewhere.
Elgin Marbles In Safe Place.
London. March 2S For the first
time since 1 s 1 <». when they were tak
en from Greece, the Elgin marbles,
one of the most valuable collections of
statuary in the world, have been re
moved from the room in the British
museum, visited for nearly a century
by connoisseurs from till over the
world. The collection has now been
placed in the basement as a precaution
against Oerman aeroplane raids, but
the public will be able, owing to clever
lighting arrangements, to inspect it as
Wonien to Act Against War.
Amsterdam. March 2N. An interna
tional women's congress to discuss
what steps shall be taken by women
for the prevention of future wars and
for the promotion of the political liber
ation of the women of all countries
was de-ided upon at a meeting of rep
resentatives of leading women's or
ganizations in both neutral and war
ring countries held here.
The congress will be called to meet
at an early date in some neutral coun

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