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THE STARKVILLE NEWS VOLUME 11. * JH BORLiEVS | | ACQOITTfIb | ♦ * 5k jk * BY DUPOJ4T VICARS. * * * ************************** IT sometimes happens that the judge of a court of justice finds it imperative to waive forms and cere monies, and remember that he is a man. as well as an official, and that there are times when he ceases to be an irresponsible agent of a blind god dess who often cuts the wrong party with her two-edged sword. Of course a court is always a court, biit the judge is not always the wool sack, notwithstanding the opinion of that Dutch justice of the peace who considered himself always an object of contempt. In such case, that is to say, when the judge is a man, and not a machine, sitting on high, with a ban dage over his eyes, his ears filled with wax lest he hear the warblings of the siren, truth, and a keen, two-edged sword in his hand with which to strike at random, his proceedings and opin ions are not points of pract ice, or prece dents generally to be followed, but are said to “coram non judice,” which is as much as saying: “Not before the judge, but before the man.” They are not to be found in the sheep-bound vol umes lining the walls of every law yer’s office; they are entered in that great book known as “Humanity,” the authority of which is never questioned. in a little town situated in the heart of the Rocky mountains, so high above the level of the sea that the meteor ological phenomena of its surround ings could not be regulated by the gov ernment weather bureau, since they were always hanging upon the ragged edge of some inscrutable law, or rule of physics, sometimes snowing in the middle of July, or compelling the in habitants to wear st raw hats and linen ■coats in January, there dwelt a com munity of individuals who delved for good and other valuables in daytime, and at night sat around in the various places of resort, exchanging lies, or devising schemes to get rid of their hard-earned gold without receiving a quid pro quo. in plain language, Ko komo was a mining town. Outwardly, its people were rough, uncouth men, gathered from all parts of the earth, with straggling beards, cowhide boots and clothing that would not pass muster in a civilized, well-reg ulated community. Inwardly—well, every one was a psychological phe nomenon. A murder was committed one day, and the murderer was caught red handed, or, rather, he caught himself, for he did not try to escape, actually sending a message for the sheriff, while he guarded the corpus delicti himself. It was well toward eveuing, and the thermometer had taken a sud den fancy to drop 20 degrees below .zero. There was absolutely no way of es cape for a criminal, and when the sher iff escorted his prisoner to the jail, lie did not worry about the insecurity of that structure. “Jim,” quoth he to his prisoner, “I hain't got no key, an’ can’t lock you up, but it’s my duty to put you in jail, for if 1 don’t somebody will ac cuse me of bein’ bribed, besides it's thunderin’ cold, Jim. Tell you what you do. Jim, if you git too cold, come over to Sample’s, where I'll be, an’ warm up.” Saying which he shut the door, and the prisoner was metaphorically in the clutches of the law. “Jim” found it rather cold, appar ently, for later on that evening he left the precincts of his prison, quite un concernedly, and started out to find the sheriff and get w armed up. The sheriff at that particular time was enjoying a game of billiards at Sample’s saloon, with the judge of the court, the clerk about 20 promi nent citizens standing or sitting around a red-hot, big-bellied stove, watching the game. TJie sheriff had massed the balls in a corner of the ta ble, and was about to make a shot when he felt his arm touched. Turn ing instantly, he saw his prisoner with an anxious look on his face. “Well, Jim,” said he, putting down bis cue, “what is it?” “Nothing much,” replied Jim, “thought I’d come over and warm up. Hut say, Bill, if you’d made that shot you’d a missed. Give me tl e cue an’ I’ll run the string out.” The others consenting, Jim took the cue and not only run the game out, but made a string of about a hundred over. Everybody at that quit the game and gathered about the hot stove to discuss the man who could handle a cue in that fashion, all agreeing that he ought to possess some redeeming trait, although he had just killed Hill Jackson. The judge, after ordering hot wdiiskies for the crowd, set the pace for Jim to tell all about it. “Thar ain’t much to tell, judge,” said Jim, “but 1 don’t allow it w-ar my fault. Hill Jackson has alius had it in fur me.” “No, it wan't about a woman,” con tinued Jim, deprecatingly, as the county clerk made a suggestion. “Women are in a good many things, an’ they try to get into everything, but thar’s some things they ain’t into. Bill jest hated me on general principles. 1 alius seemed to be git tin’ into his way, an* the more I tried to keep away from him, the more 1 run agin him. 1 never seemed to git along nohow, 1 was alius the under dog. Bill knew it, an’ a$ I alius turned up when I w r asn't wanted, he would swar 1 was a-snoopin’ arter him to find things out, but 1 wasn’t. What good would it have done me if I had found out things? I never could have done anything with ’em. If I found a gold mine, somebody w’ould git it away from me an’ accuse me of tryiu’ to steal it. But Bill de clared I was his hoodoo. He said I was a nightmare, an’ it made him shiver only to see me around. He must have felt like when he see a yaller dorg, he wanted to throw stones at him. swore he would kill me if I didn't keep out of his way, an’ every time he come across me on the street, not thinkin’ of him at all, he just up and fought me an’ I alius-got the worst of it. “Well, this evenin’, along late in the afternoon, he run into me as I was turnin’ a corner, an' he swore 1 did it a-purposQ, but how could I? 1 couldn’t see around a corner, could 1? Then Hill says: ‘Damn you, I’ve got you now where thar ain t nobody looking, an’ I’ll just kill you an feel easier.’ With that he draws his gun an’ says: ‘Say your prayers if you’ve got any, afore you git sent over the range whar you’ll never come back to bother me.’ I didn't keer much about whether 1 was dead or alive, but just at that moment 1 felt as if 1 wanted to live, so 1 stooped down without thinkin’ an’ picked up a rock that happened to be lyin’ thar, an dashed it at him. Maybe he was took by surprise an’ thought I was gittin’ on my knees to pray. 1 didn’t have no gun nor anything else about me, an’ 1 had no thought to kill Bill. I just threw’, the rock for luck, an it happened to slam him in the face. That’s all thar is to it, judge.” “Sheriff, where’s Bill?” inquired a bystander. “Oh, he’s dead, all right enough,” replied the sheriff, “lie’s lyin’ out there where he fell, most likely as stiff as a pick handle by this time. “Jim, was Bill dead when you left him?” asked the judge. “1 don’t know, judge,” answered Jim. “He fell down when the rock struck him; that’s all I know about it. I ain’t no doctor, but 1 opine he was unconscious or he’d a-shot. ’ GOD AND THE CHILDREN. Last night, through bitter tears he cried, And, hating me, he fled; Then turning, full of wounded pride , And childish anger, said He'd ne’er .again come back to me. I’d lost his love for aye. And, meaning all he threatened he, Poor baby!< ran away. This morning in my arms he lies, His face upon my breast. And, looking up w T ith honest eyes. He says he loves me best; The punishment I gave last night Has long since ceased to smart. The hate he had has taken flight. And joy is in his heart. I think the good, kind God above Keeps children in His care And gives them of His deepest love The greater, freer share Because their tears soon dry away Before the smiles that wait To glow again—because that they So soon forget to hate. _S. E. Kiser, in Chicago Record-Herald. Where Germany Is Backward. We have grown accustomed of late to think of Germany as a country in which practical science, fostered by careful technical education, occupies a very advanced position, especially in things based upon chemical knowl edge. It is therefore somewhat sur prising to learn, through Consul Gen eral Mason at Berlin, that fire ex tinguishers, so commonly employed in the United States and Great Britain, are used to a relatively limited extent in Germany. Mr. Mason has discov ered but one form of extinguisher made in that country, and it is com paratively inefficient. Lately, how ever, the German depart ment has ordered 10,000 extinguishers of American made, and it is expected STARKVILLE, MISS., FRIDAY, MARCH 13, 1903. “I suggest that we visit the res gestae,” said the clerk of the court. “Second the motion,” said a town councilman. “Let’s take suthin’ hot first; it’s on me. What you goin’ to have, Jim?” In a few minutes the party re turned to their position around the hot stove, and after quiet was re stored, the judge spoke: “Mr. Sheriff, open court.” This having been done in the usual fashion, with the preliminary com mand: “Hats off, gentlemen; court’s in session,” the clerk called the case of “the people against James Burley, charged with the murder of William Jackson.” A jury of 12 w r as then impaneled, and the defendent interposing no ob jection, the prosecuting attorney ex amined witnesses, who testified to the finding of the corpus delicti and the defendant’s admissions. Where upon the judge, turning to the pris oner, requested him to tell his story, after cautioning him that he could not be compelled to give any evidence tending to criminate him. “1 told you all 1 know awhile ago, judge,” said Jim. “1 hain’t got noth in’ more to tell.” “Well, tell it again,” insisted the judge. “I guess it won’t hurt you any; besides, the court wants the in formation.” Jim repeated his story, and volun teers on his behalf testified that a careful examination of the res ges tae disclosed the fact that a big rock lay beside the dead man, and that in his hand was a gun, on the trigger of which was still pressed a frozen finger, one cartridge of said gun be ing empty —that is to say, the one upon which the hammer had fallen when the trigger was pulled. Joe Bowers, a policeman and a former cow puncher from Arizona, after qualifying as an expert, testi fied that Bill Jackson must have been ready with his gun before the rook was thrown, for the reason that the gun could have been drawn quicker than stooping to pick tip a rock from the ground. That it was impossible to tell whether Bill Jack son was killed by the rock thrown by the prisoner or whether he had froz en to death while lying unconscious after he fell. Further, that, in his opinion, it was a special dispensation of Providence that Bill Jackson was to die before Jim Burley, and that it was a mere accident, if not a clear case of self-defense. The testimony having been all ad duced, the judge charged the jury, who returned a verdict of “not guilty” without leaving their seats. “And so say you all, gentlemen?” added the clerk, who was punctilious about forms and ceremonies. After shaking hands with the pris oner and congratulating him upon his acquittal, arrangements were made to bury Bill Jackson, and the judge and sheriff resumed their in terrupted game of billiards, with Jim Burley as referee. —Chicago Record- Herald. that the eyes of the people of the fatherland will be opened to their shortcoming in this regard.—Science. ■Watermelon Railroad. Probably the first railroad ever built in the United States principally to haul watermelons will be a branch which the Burlington is getting read 3' to con struct in southern Missouri this spring. The line w ill be 50 miles long, and will run through a district which is dis tinctively the home of the water melon. Enough melons are said to be produced there to keep one railroad busy during the season hauling them. New Engines Make Fast Time. A speed of over 82 miles an hour for a distance of 15 mi ; es has been at tained by the Midland Railway com pany’s new compound engines, with a load of 350 tons, says a London dis patch to the New York Tribune. A Newcastle paper which records the feat, claims that the engines in many respects are ideal ones, and a distinct advance on anj' locomotive built hith erto in this country. Childless Upper Circles. President Eliot, of Harvard, com plains that the graduates of that in stitution are not becoming the fathers of children. This, sa3's the Chicago Record-Herald, seems to in dicate that they are marrying into the very best circles. A Chicago savings bank offers to give a metal mantel bank free to anyone who asks for it. Incidental!}', to pre-. vent blacksliding in the saving habit, the savings bank retains the key. LESSON in AMERICAN HISTORY in PUZZLE] AX INCIDENT IX THE BLACK HAWK WAR, Find Gen. Atkinson. The Sacs, Foxes and Winnebago Indians ceded their lands in Illinois to the United States in 1830, but later refused to leave them until forced to do so by the military. Later Chief Black Hawk returned from the nfew lands granted the Indians west of the Mississippi and attacked the troops at Bock Island, but was easily defeated. In 1832 he returned again with 1.000 warriors from these three tribes, and there followed an Indian war of considerable magnitude. Gens. Scott and Atkinson were sent with troops from Buffalo to quell the trouble. Cholera broke out on the boats, and many of the soldiers died of it. Many others perished in the woods, but Gen. Atkinson finally defeated the Indians, took Black Hawk and his two sons prisoners and ended the trouble, the Indians retiring west of the Mississippi after -ga • giving up all claim to their linds in Illinois. . SCHOOL AND CHURCH. No charge is made to school chil dren using the street cars in Vic toria, Australia. It is estimated that the number of Bibles issued last year from all the printing presses was over 7,300,000 copies. Dr. Kikuchi, the present minister of education in Japan, has recom mended the Bible as one of the best books for students of English to read. Bishop Partridge, of Kioto, be lieves that there must be an oriental type of Christianit}', just as there is an occidental, and that the Protest ant Episcopal church of America can not be transplanted to Japan. The constant widening of the scope of school courses is instanced b3 r the recent introduction of classes in gar dening, housework and basket mak ing in the Ityauuis (Mass.) normal school, and a course in millinery in the Boston public schools. The Christian Endeavorers of America have built 29 churches in destitute portions of the L uited States. Twenty-one of these have been built by the Christian Endeavor Missionar3' League of the Reformed church in America. The Christian Endeavor gifts from this denomina tion during the past 3'ear have amounted to $10,477. To a Georgia clevg\'man belongs the proudest record in the work of the church. Rev. D. S. McCurry, of Gainesville, who is now 72 3'ears old, has been doing active work in the Baptist church in that section for 40 3'ears with wonderful energ3'. In that time he has preached 9,800 ser mons; to reach his appointments and deliver these sermons he traveled 50,- 000 miles, equal to tw,o journe3 r s around the earth. He has conducted 911 funerals, baptized 4,013 persons, and married 621 couples. Prof. Wetz, of Freiberg university, declared in a recent speech that Americans have better university equipment than Germans. The fore most American universities, he point ed out, are now better equipped than the German universities for compre hensive training, as the mmunificent gifts from private individuals for li braries, museums, laboratories and professorships supply the American professors with facilities for instruc tion superior to those of their German colleagues. Therefore, Germany' is in danger of being surpassed by the United States in intellectual develop ment. Facts. Facts do not depend on feelings.— Rain’s Horn, .. NUMBER 1. HUMOROUS. Taking a tumble and taking a drop are not synonymous, but one often, leads to the other. —Chicago Daily News. Sharpe —“So Barker's apartment house was a failure?’’ Whealton — “Yes; a flat failure.” —Philadelphia Press. First Boarder —“Don’t you think our landlady keeps a good table?” Second Ditto —“If she does, she keeps it to her self!”—Harvard Lampoon. A Hopeless Creditor. —Wigg —“I feel that Borrowed owes me an apology.” Wagg—“l wish that was all he owed me.” —Philadelphia Record. Very . Hopeful. —“He’s a hopeful soul.” “Yes, indeed! He was just say ing to-day that he’d done more hoping and less realizing than any one he knew.” —Detroit Free Press. Strictly Business. —“Then you do not feel the same interest in me that your daughter does?” “I do not. There is no interest attached to a bad invest ment.” —Cleveland Plain Dealer. The modern novel is bounded on the east by blood, on the west by thunder, on the north by gossip, on the south by inanities, and is surrounded by adver tisements. —Baltimore News. Dr. Smarty —“Had a very delicate surgical operation at my place yester day. Removed an arm from a lady’s waist.” Dr. Synnex —“If it was your arm, the operation could not have been very painful to the lady.” —Boston Transcript. Plate Glass. —“Good morning,” said the old gentleman. “I’d like to look over some of your spectacles.” “Yes, sir,” replied the clerk, who had been given notice to leave, “that’s what most of our customers do. It’s just as good as looking through, them.” —Philadel- phia Press. \ Wife (to her husband, who is a great criminal lawyer, and who has found fault with the dinner): “There you go again, always finding fault with my cooking. You never see any redeeming qualities in me, and yet you have an excuse for every murderer that comes along.”—Short Stories. Fish Poison. In view’ of the frequent deaths fol lowing the eating of some kinds of raw smoked fish, the Academy of St. Petersburg offers 7.500 rubles in prizes for the best treatise on fish poison.— Science. Cowbells Scare- Tlgew. Swiss cowbells have been introduced into the Himalayas as a protection for cattle against tigers. The tigers are said to run as soon as they hear the bells.—London News,