Astoria High School - Zephyrus Yearbook (Astoria, OR)

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Circumstantial Evidence It was a typical jury room with cots in one end, a table in the center, and twelve chairs scattered about. Of the twelve jurymen in the room, six were at the table playing poker, five were reading books or magazines, and the remaining one was standing at a window. Time passed bust no one spoke, except once in a while one of the players would make some remark concerning the game. The man still stood at the window, his right arm on the sill. Me was looking- over the roofs of the city towards the mountains in the distance, but all he could see was a picture of his wife calling for him. She might be dying now and here he was duty-bound and unable to go to her. Yes, he could go, but as he thought of the consequence, he shudd¬ ered. Often the rest of the men would look toward him and nod to each other. They did not know of the battle that was raging in this man’s soul, a battle that the rest of the world might never know of, but one on which so much depended, — another man’s life. Two hours passed slowly, then the men at the table impatiently threw down their cards, pushed their chairs, and rose to their feet stretching and yawning. One of them spoke to the man at the window, who turned and came toward the table mumbling to him¬ self. Henry Jonson, for that was the speakers name, thus add¬ ressed him : “Have’nt you got enough of staying in this- place? We have been here three days like prisoners, with the exception of going out to meals, and even then we are guarded like convicts. Why man alive, be sensible, it’s a clear case of murder. Didn ' t he admit that it was his coat with the blood stains on it, the one they found hanging in his closet? Didn’t he admit having had a quarrel with his father, and after having killed him, that he ran out of the house calling for help? Of course he said that when he arrived at home he found his father dead. A likely story! What more evidence do you want?” “That is onlv circumstantial evidence. Are you going to convict a man on that? He has not confessed.” “Confessed! Huh! do you hear that boys? What do you want him to do, tell us right out that he committed the murder? Why, they never do that unless they plead insanity. All the rest of us agree that he did it; yon are the only one for acquittal. Almost every one thinks him guilty.” “They are not sure, vou are not sure. He did not confess. Suppose you should convict him and he should be hanged, and vou should then find out that he was innocent, how world you feel? Are vou justified in saving the word that gives another man the right to take the life of a fellow man unless you are absolutely certain that he is guilty?”

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and disappointment at this failure, he cared little for joking. “What did prof, say when you borrowed them?” “Nothing.” “Great Caesar, you must hypnotized him.” Billy made an attempt to keep his face straight; but it was of no avail. “Prof, would hypnotize me if he knew it,” he chuckled, ' flic boys glanced from one to the other. “Oh you kid,” rejoined Larry tantalizeingly. “Better make another trial at sailing.” “Why this clod-hopper can’t overcome the force of gravity, announced Harry. He stepped into the craft after Billy, and seated himself in what was supposed to be the bow. “Billy,’ he said in mock gravity. “Billv-me-lad we’ll make the flight together; and bovs, if we never come down, bury us beneath the bouighs of yonder spruce.” “We’ll get you first,” roared Ted, who up to this time had been exceedingly silent. The remaining three boys laughed in unison. Harry appeared a trifle hurt. “Boys, this is no trifling matter.” Billy was working at the engine; the chuk, chuk became more distinct. “Boys,” continued Harry. “Quit of the remains, first resurrect the engine.” Larry slipped the knot and Harry’s pretended gravity changed to mirth. “Oh Bill, my friend!” he shrieked. “Don’t sail her so high!” The boys who had come to watch the trial flight rolled on the ground in their glee. Only Billy’s face remained grave. While all this was going on a wonderful change took place in the Thunder: the pulses of the engine became more regular, and the faint breeze seemed to take more effect upon the craft. The boys upon the ground arose and watched with new interest. Even Harry sat up and took notice. It was all so sudden. And the Thunder hitherto quiet and sub¬ missive leaped into the air, and in its course of flight came in sudden contact with the heads of a line of wondrously stricken boys, who fell like ten-pins before the wooden hurricane. Harry, pale to the lips, grasped the side blams and closed his eyes. He was so young to die. Billy was satisfied. (To Be Continued) Fanny Gregory.

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“But we are sure he did it.” “How are you sure? Did you or any man on this jury see him do it? I don’t want to stay here: my wife may die at any time, she may be dying now, but 1 will not give in; she would not want me to convict a man on circumstantial evidence. My desire to go to her and my consience have been fighting, but so far my conscience has been victorious, and it shall always be so. “Come on, give in. I want to go away on a few days’ vacation. For answer Carton started to the window. Half way there he turned opened his mouth as if to speak, but evidently changed his mind. He closed his mouth, squared his shoulders, and went to the window. The men did not know it, but at that moment Carton had won another victory. The card players went back to their game, it lie other five stood talking in whispers about what had been said. Things did not remain this way long; for Jonson threw down his cards saying: “I won’t stay in here another night. If he,” pointing to Carton, “won’t give in, I ' ll call the bailiff and tell -the Judge that we can’t agree. Thev will get jurymen that will convict the prisoner in ten minutes. I wi. .. . ” A knock at the door interrupted him. and the bailiff entered. “A telegram for Mr. Carton.” Carton sprang forward to receive the message, and the bailiff withdrew. He drew the telegram from the open envelope and read it slowly. The slip of paper dropped from his fingers and fell to the floor. His hand went to his head and he reeled. Jonson sprang forward to catch him but Carton steadied himself, moistened his lips, but eonld not speak. He pointed to the telegram and then to Jonson. Jonson picked up the missive and read aloud: “Your wife died 2 P. M. Come soon as possible. Miss B.” Gentlemen, Carton was speaking in a hesitating voice, “a minute ago you were ready to convict a man on circumstantial evidence. I shall tell you a story of circumstantial evidence, then you can see if it wouild not be better to allow everv guilty man his freedom than to convict one innocent man. A short time ago a young man went to see about some money that he and his wife had loaned to an elderly man. The elderly man had just had a quarrel with his son and was rather irritable. The two men began to talk about the note and gott into a very heated discussion in which the young man s wife became involved. The old man addressed some insulting remarks to the wife, and the voting man becoming very angrv said: “If anybodv dares to insult my wife again, I will kill him. The old man picked -up his cane, struck the other, and repeated what he had said. The young man was blind with rage, he sprang toward the old man. who’ran behind the table and laughed ' Putting his hands on the table so as to vault over it. the young man touched something: it was long and shiny with a sharp’ edge. PTe Picked it up and his hand shot forward. It was done so suddenly