Madera Union High School - Blue and White Yearbook (Madera, CA)

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16 THE PURPLE AND ‘WHITE of Circumstantial A Case Evidence PHILIP CONLEY It was the night before Christmas. Hight or ten of us boys were gathered around the stove at the “Red Dot” saloon. We were talking about the quarrel be- tween ‘Poker’? Dick Lathrop and Bill Smith. It had happened that afternoon in front of the saloon. Smith owed the gambler a couple of hundred that he’d beat him out of at a poker game a month before. Lathrop struck Smith for the money two or three times, but Bill’s young- est kid had been sick and it took all his Pa’s money to send eighty miles for a doctor and medicine. Smith and his daughter Mary—she’s my wife, you know, now—came in the day before Christmas to get a few things. Mary was in Jeremiah Balkin’s ‘General Merchandise Store’ when her Pa went out to find Lathrop. Bill had found a pretty rich pocket the day before and he had a hundred and fifty dollars worth of dust to pay off his debt. Lathrop was coming out of the Dot.”’ He’d been celebrating and drunk just enough to make him ugly. Smith approached him and said, ‘“‘Here’s a hundred and fifty of that two hundred. I'll pay you the rest next month.” “Why don’ you pay me the two hun’red, you dirty dog. You’re a liar, you four- flushin’ son o’ Satan. I wan’ my money You’re a horsethief—you won’ pay nex’ month.” I don’t blame Bill for hitting him in the eye, but it was kind of risky, when Dick was such a handy man with the gun. Two or three of the boys got hold of La- throp before he could draw, and I jerked out Smith’s revolver before he could lay hands on it. Lathrop was rushed away cussing Smith for all he was worth. Smith tried to get at him but I got in the way. “T’ll shoot him on sight,” Smith hol- Iered. ‘“‘No man on earth can call me a liar.” “Shut up, you fool,’ I said. see he’s not responsible?’’ “Red had “Can’t you I made Smith go with me over to where Mary was waiting for him, giving him his gun on the way over. I noticed that the pistol had an extra long handle. On one end his initials, W. S., were engraved on the metal. Mary hadn’t heard anything about the fight, “Well, I’ve bought a present for every- body—one for you too. I know you'll like it, Dad,’’ she said. “Here, Mr. Ryan, I got you something.” She handed me a little gold nugget pin. “Tt’s the one I found down in the old creek when we first came here.” I thanked her for it and told her it was the first Christmas present I’d gotten since I came West, and that I’d keep it as long as I lived, which made Mary blush. “Let’s hurry,’”’ she said to her Pa quick- ly. “It’s gettin’ near supper time.” Bill had cooled down wonderfully since we joined Mary. As he got into the sad- dle I whispered, ‘‘Don’t do anything you’ll be sorry for, Bill. You’ve got a mighty fine family.’’ Smith grumbled something under his breath, and they rode off, Mary waving a goodby to me, The boys at the ‘‘Red Dot” all seemed to think that there’d be more trouble. Fights where we were usually ended up with a new job for the undertaker. It was just seven o’clock and dark as pitch, The wind was moaning around the tops of the buildings. ‘‘Dutch’’ Leonard came in and was welcomed by the boys at the stove. “Seen Bill Smith in town about a quar- ter of an hour ago,” ‘Dutch’ said as he warmed his hands at the stove. ‘‘Wonder if he’s come back to shoot—” Bang! Bang! Two shots in front of the saloon. We all jumped up and ran for the door. The light from the open door fell upon the ground. There Lathrop lay in a pool of blood! Somebody brought out a lantern and we went over to where Lathrop lay. He had been shot twice—in the side and in the head. He held his pistol in his hand. “Smith got him before he could shoot,’”

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THE PURPLE AND WHITE But future visions we’ve now made trite, And exhausted the Oak Leaves’ prophecies quite, So we’ll bury these themes with no other knell Than the ting-a-ling-ling of the chest- nut bell. sll

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THE PURBES AND WHITE 17 “Dutch” said. ‘“‘Lathrop got his gun out though.” “Smith done it, all right,’’ said Pat O’Rourke, owner of the ‘‘Red Dot.” “TI’ll get a rope! Get your horses, boys!”’ “Wait a minute,’ I said. ‘“‘You boys elected me head of the Vigilance Commit- tee, and you all know I want to stop shoot- ing around here as much as any of you. But there’s nothing to. show that Smith really did it.. It’s all guess work. There's no real evidence.”’ “Here’s yer ividince!’’ shouted Pat. He’d been going over the ground nearby with the lantern, He picked up a pistol with an extra long handle. On one end the initials W. S. were engraved. It was Bill Smith’s pistol. Two shots had been used. “That sure is good evidence,’ I said. “Boys, get your horses, and bring the rope, Pat. You stay here, Dan, and watch the body.” , We were soon on our toward Bill Smith’s cabin up the valley. Nobody said anything. We all liked Bill and—he had such a big family—wife and four kids—and his Mary was a fine girl. I felt worse than anybody. When I put my, hand in my pocket, I felt that little nug- get pin and it made me feel terrible. But then, the evidence was certain. The fight and Smith’s “I’ll shoot him on sight!”’ was about enough to convict him. And there was his coming back to town and his pistol found near the body. We'd have to string him up. The wind was and sighing. I thought of poor Bill, swingin’ in the wind. What a Christmas Mary and the others would have! horses riding blowing and moaning At last we got to the cabin. I told O’Rouke and Leonard to come with me, and leaving the other boys we went up and knocked at the door. Mary answered the knock. - She was surprised when she saw us, but said, ““Come right in, gentlemen. ‘We’re having a little cele- bration just like we used to in the States.” “We just came to see you're Pa, Miss Mary,” I said. “He’s inside. . Come in.” We didn’t want to go in. even look Mary in the face. We were going to rob her of her Pa. When we did go in we found the whole family around the fire place. A little Christmas tree stood in the corner with a few pieces of candle tied on it. Bill was facing the fire with his back to us. He had the youngest kid on his knee and was telling him a story about Santa Claus. O’Rouke whispered, ‘‘Let’s get out of here. This is no place for. us.” When Bill saw us he stood up and offered us his hand. None of us shook with him. I noticed that Mary and his wife turned pale. “We'd like to see you outside,’ I said. All right, boys,’’ He put on his hat and went out with us to where the others were, He looked surprised he saw so many. “William Smith, as head of the Vigi- lantees, it is my duty to see that all mur- derers are properly taken care of. We found Dick Lathrop dead in front of the ‘Red Dot,’ You were in town a little while before. You murdered Lathrop. Have you anything to say for yourself be- fore we carry out the law?’’ Smith turned pale as death. some mistake. Is Lathrop dead? to heaven I never shot him.” “What can you say to this?” I up the revolver with W. the handle. I couldn’t “There’s I swear held S. engraved on Smith burst out into a laugh. ‘‘Where did you find it boys? That’s what I went back to town for. See the new gun Mary me!’’ He slapped his holster. In it was a brand new pistol. gave Smith went on to explain. in town with me today you know. She got presents for everybody. She got her Pa this pistol, and’ gave it to me just be- fore we left town: I put it in my holster right away and put my old gun in my pocket. I didn’t notice that the pocket had a hole in it ’till we got up near the Jones’ place. Mary had asked me to give the old gun to little Bill for a present, so I rode back toward town looking for’ it, leaving Mary to visit Mrs. Jones. I got back to town about a quarter to seven but “Mary was