Beadle's New York Dime Library No. 303 — page 20: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

eS te ese tee 20 was secured of citizens of the town, with five negroes in the box, as the only men who could be found to swear to the necessary amount of stupidity. f the whole jury, besides the negroes there, Top Notch Tom, the Cowboy Outlaw. ~~ LS FreLp. “I bad: and, moreover, I did not fire to kill, till they had fired a whole volley at me, and wounded my horse in several places. I shot them by 2a trick I bave practiced many times. It is shooting with a mirror.” The recital produced another buzz, this time of horror; while Berkeley, whose face bad be- come livid, whispered to Levy, and the Jew promptly rose with an objection, grounded on the impossibility of the witness knowing, at two were only two who could read and write; and Levy. ‘‘ Ah—yes—I have seen such things on | miles off, whether the Englishman gave any aa it was their inability to read the Satanstown | a stage, with the distance carefully measured, | orders to any one. Courier that had secured them their places in | but you don’t mean to teil this intelligent jury But the judge shut him up with a promptness the jury box. that you could kill a man with a mirror from a | that showed the way the tide was turning, The jury sworn in, Levy turned to Berkeley, | horse, running? You are injuring your own | and Helen proceeded with her story in tran- and whispered: case by trying to stuff them with any such im- | guillity. | “That settles it. We've got him this time, | pudent falsehoods, sir.” She told how she saw the cattle company’s | gure,” ! FIELD (losing temper). “If they or you doubt | men collec: from all quarters of the big ranch ; "Why? whispered back Berkeley. it, I will repeat the shot at that client of yours, | till their numbers swelled to nearly fifty, when | The lawyer smiled, with the expression of | who sits beside you, and, this time, 1 promise | they rode toward the ranch; and she, thinking consummate craft that distinguished him, as he | not to take his hat off. If bis Honor would like | that they had come to make a murderous at- replied, behind bis band: to see the fun, I will promise to return after I | tack, ran down to face them and save her , ‘*There isn’t a man that won’t take his ten | have done it.’ sister, who was in a very delicate state of dollars; and I’ve bad ’em all fixed before they LEVY (with a sneer), “‘Thonk you, but we | bealth at the time, from the agitation -that went in. Hush! Cross is going to make his | are notanxious. (Tothe jury.) Yousee, gen- | must follow the coming of such a crowd of opening. I’m afraid he'll break down, for he had a tremendous drunk last night.” But Mr. Cross did not break down. On the contrary, be exbibited marked malignity in his opening, and commented on the “ cowardly way in which the prisoner had murdered Bruce,” as he said, with a spite that brought ‘the blood to Tom’s cheek as be sat and listened. Then the cowboys of the cattle company were _@alled up and examined, one by one, and each told his story, with a glibness and precision as to details that made the case look very black inst Tom, who saw, by the expression of the faces in the audience, that they believed all that was being sworn to. The substance of the deposition was, that the risoner had fired at Bruce, without any warn- g, as he sat on his horse, and had murdered him in a manner pics unprovoked. They described the time of day, and the fact that the deceased was not expecting tbe bullet that struck bim down, but said nothing of the advantage they had bad in numbers, or of the killing of the cowboy, who had been slaugh- tered, as he lay on the ground, after the fight, ‘30 as to leave no witness for Tom. Field, on his part, cross-examined the wit- nesses, with all the skill of which he was mas- ter, and brought out the discreditable antece- dents of each, in the shape of penal terms, for homicide, stealing cattle and horses, and other little peecadilloes; but the admission, which would have been fatal with an intelligent ‘Northern jury, or one composed wholly of white men, fell flat with the stolid beings who sat in the box,in the court-house of Satans- town. | Tom watched their faces, and came to the conclusion that he was wasting his timeina t measure, though he continued bis efforts to discredit the character of the witnesses against him, with the result that he changed the feel- ‘ings of the populace in the court-room, as he — a — a ————— tlemen, what be depends on. He attacks the credibility of our witnesses, and is bis own worst witness against his own veracity. That’s all, sir.” Then Tom stepped down from the witness- cbair, and resumed the role of his own counsel. * Call Helen Collingsworth,” he said; and with the name, a buzz passed through the crowd, which rose to a murmur of approval, as the young lady, leaning on the arm of tho Marshal of Satanstown, came from a room at the back of the court, whence she had listened to the whole trial, Helen beld up ber hand and took the oatb; while Berkeley and Levy, who bad no idea of what was coming, leaned forward to hear ber every .word, and the silence in court became oppressive. Even the old judge on the bench looked as if be was interested in the new wit- ness, who was examined by Tom as follows: He. *‘ Your name and residence, if you please.” Sue, *‘ Helen Collingsworth, and I live at my father’s house, on the Cohtingsworth Ranch.” Hr. “On the —of July last, Miss Collings- worth, please tell the jury what you saw, at the time stated in the indictment, that is to say, at balf-past three in the afternoon. Stop —tell also where you were, and how you came to see what you saw, if you say anything.” Sax. ‘‘ At the bour you mention, I was sit- ting in the belvidere, at my father’s bouse, look- ing at the country, through bis glass, which has been there, ever since we have been in Texas. I was watching the behavior of some of the cattle company’s men, and especially of the man that sits yonder—the Englishmaa Il mean. I saw him riding among them, and I watched what he did, for I had reason to sus- pect—” Levy. ‘Stop, stop, please, I object. Your Honor, [ bave no objection to the witness stat- ing what she saw through the glass, but we ruftians, Then she told how she saw Tom come in all bloody, and how her sister fainted and had to be carried to the house, She finished with a description of the way in which the men, with Berkeley, had threatened to search the house and lynch the fugitive. wee Tom Field turned to Levy, with the re- mark: ‘The witness is yours, sir; but be very care- ful how you treat her.” The Jew had been sitting, watching Helen and the jury, with side glances at the crowd, in silence, but in close attention. He saw that ber testimony had made a great impression, and knew that his chance of profits would be nil, if the case was settled in this fashion. He buckled to bis work at once, with a vigor that was worthy of a better cause, and did his best to tear Helen’s story to pieces. He began in this wise: Levy. ‘* Ah—Miss Collingsworth, your age is—?’ SHE. ‘* Twenty-four, sir.” Levy. ‘‘isbould not have guessed it, from ycur very youthful appearance. And you say you saw all this, at two miles off?” Sue. “I did, sir, plainly.” Levy. *‘ This—ah—this—telescope is a very wonderful instrument, is it not?’ SHE, ‘‘ Not particularly. Itis a good four- inch object-glass, with an eye-piece of three hundred diameters. You know, of course, the image that it would cast, sir, at two wiles,” Levy (rather confused, for he saw that she was making game of him). ** Ah—yes—of course. I must admit that my education in the astro- nomical line has been neglected. If I bad known what a wonderful story you were going to bring us, I should have made a point of reading it up. You are, of course, quite an actrendmer? SHE. ‘‘I wish I was, sir. But I can bardly lay claim to the honor of being more than an ee ee eee = - i . «gould see, when he looked around at them. don’t want any of her suspicions. They are not | accurate observer.” ee But the populace do not decide cases in court; | evidence.” Levy. ‘‘Ah—yes—precisely. And so, you hk. and he realized that he was losing his case, THE JuDGE. ‘‘ Objection sustained. The wit- | pass a good deal of time at the glass, like other es while the sneering smile of Levy did not tend to | ness will tell only what she saw and heard, not | ladies, | suppose.” eG: make his spirits any the brighter. what she suspected.” Sue (tranquilly). ‘I go there, when I have bk The Jew evidently thought that the case was SHE (with a flush that showed feminine ill- | nothing else to do, sir.” By. } ‘won, and did not seek to hide his joy; for, to | temper at being interrupted). ‘‘ Well, then, I Levy. **‘ Ah—yes—fond of seeing what the ( eis ‘him, it was shekels of gold in his pocket, and a | was watching that man, and I saw him go | neighbors are doing, cf course. Very nice thing _—~——s- place in the legislature, where he might make | round and gather up his men, till he had five of | to havo a telescope to spy through ; isn’t it?” Ohaies unlimited “‘strikes for appropriations of all | them, when they sneaked off, after you, sir. SHE. ‘It seems so, in this instance, sir, if it rm f kinds, and set up a ranch of his own, some | I mean Mr. Field (to the judge) and I was | enables me to save a man’s life from a slander- airs es frightened to death, for fear they would do him | ous accusation.” was last Mr. Cross, who had conducted the | some harm. I saw Mr. Field talking to one| Levy. ‘ Exactly. You are very much inter- Hy Fa case so far, announced that he had closed,and of our cowboys—the one who was shot, Jim | ested in the prisoner, I see.” | b. Sears the prisoner rose to make his defense. Boggs. They xept behind the groups cf cat- SHe. ‘I am, sir. He is my brother-in-law, fave @ requested leave to go on the stand, and | tle, and tried all they could to hide themselves, | and bis death would kill my sister.” Free” told his story there, just as the matter had | because his back was turned to them, At last Levy. “Exactly. Is you would not 2°). ae mi ng vibe el they got close to him, and, all of a sudden, I | even object tostretching the truth, a little, if it i 4 He described how he had been talking to one | saw a flash from his rifle, as it lay over his | would aid in that object.” gout Wert of the Collingsworth ranchmen, named James | arm, and the Englishman lost his hat. Then I SHE (flushing perceptibly). ‘I hope not, sir.” i hei Se when he had detected the fact that | knew that Tom had seen bim, sir, and I declare Levy. ** Ah—yes. By the by, Miss Collings- + AES his were seeking to waylay and murder | I laughed at the way in which he started in his | worth, did you ever read the Arabian Nights?” i, Tee. him. saddle, and almost fell off.” Sue. ‘‘I have, sir.” 4 4: Then he told how he, to warn them, had fired | THe Jupe@e (interposing), ‘‘ One moment, Levy. “Exactly. There is a story in it , @® shot through the hat of Berkeley, who had | How far was this from where you were looking | about a man who bad a glass that he could see _ been signaling his men to charge, and how the | through thts glass, you speak of?” to the otber side of the world with, Isn’t your hae rush had been checked. Heven. *‘ About two miles, sir.” telescope something of the same kind?” eae Then he told of the final action, and how Tbe answer produced a buzz in court: and Sue (turning to the judge). ‘‘Am I com- ‘Berkeley bad fired at him, and wounded him, | the judge, in a voice that showed his doubt, | pelled to listen to this man’s insolence, sir?” | _ --—s Before he had sent a single sbot in anger. He | said: Tue Juper, ‘* You must answer bis questions. ss «@pened bis shirtand showed the jury the wound “And have you a glass that will show faces | If he makes any insulting remarks I will stop ‘recently healed, in proof of his assertion, and ended by saying, as he pointed at the English- -man: LL tS sleet lS Sls teen — plainly at two miles?” HELEN. ‘‘ Why, certainly, sir! You can read a newspaper at more than two bundred feet him; but you must remember that you are on the stand, and that he bas a right to doubt any- thing you say, if he chooses,” “7 a "ah ‘He was there, and saw the whole thing, and | with it. It is an astronomical telescope, and my Levy. “ Well, Miss Coltingsworth, I won't | yet they have not dared to put him on the | father brought it from Georgia with him.” insist op your answering that question. But | -—s-- stand. As God lives, gentlemen of the jury, FIELD (after the buzz had subsided), ‘‘ Miss | candidly, did not you and your sister make up | *-—s that man is the only murderer, by intention, in | Collingsworth, will you tell the jury what else | this story, tosave your brother, on account of / f° -this case,” you saw, and whether you saw the man who | vour baving a telescope at the house: and f ah sr Then be bad to submit himself to cross-ex- | was killed?” haven’t you talked the whole case over with Bey amination, and was taken up by Mr. Levy in HELEN, “I did. I saw him fall, and two } him, till you know all he wants you to say?” By ste, ‘this wise: others with him, I saw you galloping away SHE (indignantly). ‘* No, sir.” | mvy. ‘Ah, Mr.-ah-Field—you say that you | from them, pursued, while they were firing pis- Levy. *‘Ah, then, you mean to say that you ae saw Captain Berkeley as he came up to you. | tols all the time, and every now and then you | have never talked the matter over with him at hs wads 7) May Lask how you saw him, when you have | fired back at them, and one of them fell. Then | ali ?” “1S Wea itted you had your back turned to him?’ I saw them give up the chase, and go back to Sue. ‘‘Not till this morning, when I had to . Pes “ce P gy BUSS . Frevp. “ Certainly. I saw bimina mirror | where poor Jim Boggs lay on the grass. I | come to court, and he had to know what I | which I bad had inserted in the bind-sight of | thought he was killed at first, but he got up and | knew.” m 441 . tid { et rifle; for the very purpose of protecting my- | staggered forward, when I saw that man—the Levy. ‘‘Hum! Thatis very remarkable—very | self from attacks in the rear. Englishman, I mean—make gestures to his men | remarkable indeed, I may say. You mean to say | sd Ligvy. **Ab-—a very probable story—and I | to go back. And I saw them go back and shoot | that you have known all this for the three or * Bee a _ suppose that you had your back turned to the | down poor Jim, firing shot after shot into him | four months that have elapsed since the murder ¥ | Toe ‘man you murdered, when you shot him, too?” ' as he lay there.” bs") ; and have never told a soul?” ame! 7 ae ne * ee I See ney ee comicbooks.com —