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The gentleman from East Blueberry : a sketch of the Vermont legislature; State vs. Burton : a drama of the court room

Bernard Marshall · 1909 · Scanned text · Free in the US

25,545 words · about 1 h 47 min to read

Period artwork: Interior of the Bodleian Library, 1845
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About this book

Author
Bernard Marshall
Language
English
Published
1909
Length
25,545 words · about 1 h 47 min
Sections
5 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public domain in the United States

 

Contents (5)

Continue:

Front matter

^ 4

5^ ^.

• «9

II

Fer it seems ter me," I says " 't when the highways is full of zutomobeels an' the pasters is full of bulls, it's baout the only safe place ther' is ter walk.

Dashemoff (laughing). Good for you, Mr. Snodgrass.

DooLiTTLE. I'll bet you carried your point, too.

Snodgrass. Wal', they didn't slam the desks on me anyway.

Enter Mr. Joshua Tarbox.

Tarbox, (grinning). I see'd the door open; an* thought I'd walk right in.

Dashemoff. (Rising and shaking hands with Tarbox.) Why, Mr. Tarbox, I'm glad to see you! Are you at the State House this session ?

Tarbox. Yes, I surely be. Seems kind er nat'ral too, ter be climbin' them ston' steps. This'U be my fourth term. Good rnornin', Mr. Snodgrass.

Dashemoff. Why let's see, wasn't it in 1904 that you were here last ^ I thought your turn came only once in six years.

Tarbox. That's right. That's right. 'Taint reely my turn till two years f'm naow; but John Allen, he's all crippled up with the rheumatiz; — ain't able ter do nothin. So I'm here in his place.

Dashemoff. Republicans carry QuifFet by a good majority, Mr. Tarbox ^

Tarbox. Unanimous, sir, unanimous. Hain't ben no Democrat there sence 1868. But say, I got a speech here't I'd kind er like it if you'd put it in the paper. (Lays a paper on the table).

Dashemoff. Why surely. We'll be glad to. When did you deliver it ?

Tarbox. Wal', it ain't ben delivered yit exac'ly. They kind er shut me off on it yist'day arternoon becuz they said it hadn't nothin' ter do with any measure before the Haouse. But I tell yer if ther' ain't naow, ther's gon' ter be, becuz I'll bring in a bill myself. An' I want it printed anyway.

Dashemoff. Well, we'll head this, "The Speech that would have been delivered by the Gentleman from Quiffet."

Tarbox. Yes, that's right. Put it that way.

Snodgrass. What's this bill gon' ter be abaout, Mr, Tarbox ?

Tarbox. Wal' sir, the's more or less talk goin' raound baout takin' the repersentation away f'm the small taowns 'n bunchin' of 'em up, five or six of 'em tergether, ter make a distric'. An' I'm agin it, an' so are my constituents, both on 'em; an' so are you, Mr. Snodgrass, an' every level-headed man in Vermont.

Snodgrass. Wal', if that's so, I guess we don't need ter be much 'fraid of its goin' through. The's quite a passel o' level-headed ones in Vermont. Leastways them 't come in here ter trade hosses gen'ly think so 'fore they git through.

Tarbox. Wal' the's a good deal of gassin' raound baout it howsomever; an' I'm gon' ter introduce a bill thet they shan't never be no constitutional 'mendment nor nothin' ter take away the rights 'v the small taowns that's the bone and sinew of the state. Talk baout needin' mien 'v more experience in legislatin'! Who they gon' ter git 'at's had more experience 'n / have, fer instance ? But then, all my best pints are in that speech there; an' I hope folks '11 read 'em an' take some notice.

Dashemoff. I feel quite sure they will.

Tarbox. Wal', I won't bender you no longer. Much obleeged fer your accommodation. Good day. (Exit).

Enter Mrs. Lucinda Capset.

Mrs. Capset. Oh, Mr. Dashemoff, I won't stop since you're busy. (Turns to go out).

Dashemoff (rising). Oh don't go, Mrs. Capset. I would like you to meet Mr. Snodgrass, the Member from East Blueberry.

(Mrs. Capset turns to com.e back. Doolittle and Snodgrass rise. Snodgrass, much embarassed, — grins, drops his hat on the floor, and taking a step or two toward Mrs. Capset, puts his foot on it.)

Mrs. Capset, (smiling cordially). Oh, I'm very glad to meet Mr. Snodgrass, I'm sure. Good morning, Mr. Doolittle.

(Doolittle bows gallantly. Snodgrass, seeing this, endeavors to do likewise.)

Mrs. Capset. Why you're standing on your hat!

Snodgrass. My hat ? Oh yes. Wal' the old thing ouo^ht ter be elad ter be walked on fer the sake — er fer the sake of a fair lady.

Doolittle. Good! Good! You'll do.

Mrs. Capset, (blushing and smiling). Oh, Mr. Snodgrass, you are a flatterer, I'm afraid. Besides it won't do me a bit of good to have your hat walked on.

(Snodgrass picks up his hat and slaps it over his knee to get the dust off. In so doing, fills the air with dust. Doolittle coughs and chokes. Mrs. Capset backs away.)

Snodgrass. Do you reside here in taown, Mrs. C upset f

Mrs. Capset. Yes, I manage the Kenilworth, on State Street. Mr. DashemofF is one of my boarders. (To Mr. Dashemoff). But I won't interrupt you gentlemen any longer. I just wanted to know if you thought you'd like baked bluefish to-day.

Dashemof. Oh certainly. Yes, that'll be fine. But don't hurry away. We're just swapping lies here. That is, Doolittle and I. Mr. Snodgrass is just like George Washington.

Mrs. Capset. Oh yes, I must hurry. Good day. Good day, Mr. Snodgrass.

(Snodgrass jumps to open the door for her, and steps on DooHttle's toes.) '"

Exit Mrs. Capset.

DooLiTTLE. (Grabbing his foot with both hands and hopping about). Oh, my pet corn! Oh! r^'^ Snodgrass, (returning after closing the door behind - Mrs. Capset). That's a fine woman. Ain't seen her beat for twenty year.

Dashemoff. I say! An idea has just occurred to me. Why don't you come up to the Kenilworth to board f We're a sort of family party there; and the widow is our good genius. It's much pleasanter than a hotel.

Snodgrass. I expect so. Yes, I expect so. But I presume it's pretty expensive, ain't it ?

Dashemoff. Why, the rates are ten dollars a week. But now, here's an idea, — Mrs. Capset has a cow and a lot of chickens; and of course during session she has a lot to do. Now, why shouldn't you come there and help with the live stock and so on for your board. She was saying only this m.orning she would like to get some one that way.

Snodgrass. By gosh! I'll do it if she'll have me.- I'll go ter see her this arternoon. I've forgot naow what 'twas I come here for, but I'll remember bimeby i6 an' be in and see yer agin. Good mornin'. Good mornin', Mr. Donothin.

Exit Snodgrass.

(Dashemoff stuffs his handkerchief into his mouth and slaps his knee. Doolittle dances a jig.)

Dashemoff. Oh my! Oh my! Don't that take the bun! Now if I can only get him there.

Doolittle. Say, I'm coming up to the Kenilworth to board for the rest of the session. This'll be too rich to lose. He'll try to make love to Mrs. Cupset.

Dashemoff. Yes, that's so, Mr. Donothin', that's so.

(Telephone rings. Dashemoff takes up rece ver.)

Dashemoff, (into telephone). Yes. — Yes, this you, Bailey ?— What's that ? Big scoop ?— WHAT'S THAT .? Nine o'clock train in ON TIME ? (Dances with excitement. Doolittle amazed.) Yes, that's right; work it up for all your worth. It's good for three columns. Yes, we'll get out an extra. The others '11 have it this afternoon. Get the engineer's and the conductor's pictures and a sketch of their lives. Yes, that's it. Hustle.

(Hangs up receiver. Dashes about excitedly. Shouts out into the press room).

Say, Jim, Jim. We'll get out a twelve o'clock extra. Got a big scoop. — No, I don't care. Run her through anyway. Got to have it on the street by half past twelve. Hustle now. Curtain.

ACT II. Evening, a week later

Parlor of the Widow Capset's House.

Dashemoff, (walking nervously about). I swear! I've got to get a chance to speak to Lucinda right away. I've been watching for an opportunity for three days, but since Mr. Snodgrass has been acting as her hostler and butler and assistant potato parer she's been so busy initiating him into his new duties that there don't seem to be time for much else. It's been more fun than a circus, but fun won't pay tailors'bills. Oh, here she comes now.

Enter Mrs. Capset.

Dashemoff. Oh, Mrs. Capset, I hope you can sit down for a moment. I want to talk to you.

Mrs. Capset. Well, its always a pleasure to talk with you, Mr. Dashemoff, but Mr. Snodgrass and I have the dishes to do.

(Sits down in a rocking chair and begins knitting on a large red mitten.)

Dashemoff, (laughing). Who's going to wear those .<*

i8

Mr3. Capset, (blushing). Oh, you know I have a father living up at Worcester.

Dashemoff. Don't you think you'd be more comfortable here on the sofa ?

Snodgrass, (appearing at the door, wearing a huge calico apron). The water's hot, Mrs. Capset.

Mrs. Capset. Yes, I'll be out right away.

Exit Snodgrass.

Dashemoff. You don't know how attractive you look, sitting in that way with your needlework. It's a sight to make one wish to be a better man.

Mrs. Capset, (laughing). Oh now, you're trying to jolly me, Mr. Dashemoff. You're always up to some joke or other.

Dashemoff. No, no. Believe me; I was never more serious. (Rises and places his hand on the back of her chair). Lucinda, I —

Snodgrass, (rushing in with the dish towel in his hand). Say, where do yer keep the dishpan .? I can't find it nowheres.

Mrs. Capset, (rising). Oh, I'll come and get it.

Exit Snodgrass and Mrs. Capset. (C.)

Dashemoff. Damn it! Isn't that just my luck ?

Enter Doolittle. (L.)

Doolittle. Say, old sport, if I choke to death trying to eat my meals and listen to you and our friend from the rural districts at the same time, my blood be on your head. I thought it would finish me when he told that story about what he caught in the chicken barrel.

Dashemoff. (Laughing.) Yes, I know. But don't it beat all the shows you ever saw to see him trying to make love under difficulties.

DooLiTTLE. Yes; and the way she manages it. You can see she thinks he's so honest and good natured it'd be too bad to turn him down real hard. And we're around in his way so much that he don't seem to make much headway.

Dashemoff. Oh, by the Great Horn Spoon! 1*11 tell you what we'll do. We'll pretend to go out, and then the Gentleman from East Blueberry will think he has a clear field. He's feeling great to-night. They passed his woodchuck bill this afternoon. But we'll sneak back and hide somewhere where we can hear *em. Then, if you don't burst, you old goat, we'll have a story that the boys at the Apollo Club will listen to for years.

DooLiTTLE. Great! That's just what we'll do. But, speaking of the legislature, they passed the Hot Steam Bill to-day, too. This is getting outrageous. The next thing will be a law compelling the company to have the cars swept out every spring and fall. President Wateremup thinks we shall hardly be able to pay the interest on the nineteenth issue of bonds as it is.

Dashemoff. Oh, to Essex with him and his bonds. I am the world-renowned Sherlock. Are you with me, Watson ?

DooLiTTLE. To the death.

(DashemofF goes out (L.); comes back immediately with coat and hat on; goes to door (C).

Dashemoff. Have you any errands down street, Mrs. Capset ?

Mrs. Capset, (from kitchen). No, I guess not; thank you.

(Dashemoff and Doolittle go out (L.). There is a sound of closing the front door. Then they reappear and hide themselves behind a large screen (L.).

Enter Snodgrass and Mrs. Capset.

Snodgrass. Naow we c'n set daown 'n have a good talk. Don't yer git tired with all this haouse ter see to ? (Seats himself on the sofa).

Mrs. Capset. Yes, sometimes; but I think it makes me more tired tryin' to get the boarders to pay up than anything else. (Sits down in the rocking chair.)

(Doolittle pounds Dashemoff on the back.)

Mr3. Capset, (continuing). And I hurried so all the morning trying to get time to attend the rest cure meeting at the Parish House, that I'm about wore out.

Snodgrass. Wal' they talk baout women havin* ter work hard on the farm, but I tell yer, with the modern churns *n washin' machines *n sech, they don't have ter work so hard as women in taown. The women up my way don't do nothin but listen on the telephone.

Mrs. Capset. Is yours a large farm, Mr. Snodgrass.

Snodgrass. They call it one erthe best in Lamoille Caounty.

Mrs. Capset. I hear they passed your woodchuck bill this afternoon.

Snodgrass. Yes, they did. But between you'n me an* the signpost, that woodchuck bill ain't ben on my mind so much as some might think. I'm aout fer bigger game 'n woodchucks this session.

Mrs. Capset. Why, how's that ?

Snodgrass. Abaout the fust of March the Cattle Commissioner is a goin' ter resign. An' the Governor will appint in his place Mr. Solon Snodgrass, of East Blueberry.

Mrs. Capset. Why, won't that be fine!

Snodgrass. Yas; the three dollars a day warn*t exactly what brought me ter Montpelier this time. Won't you come and set on this sofy, Mis' Capset }

Mrs. Capset. Oh, I'm very comfortable here; thank you.

(DashemofF whacks Doolittle.)

Snodgrass. Oh, you wouldn't abuse a poor, lone widderer that way. I ain't set side of a reel harnsome woman fer ten year.

(Goes and takes her hand and leads her to the sofa.)

(Continuing). I knowed you was jest as kind and good as you look.

Mrs. Capset. Are you acquainted with the Governor, Mr. Snodgrass ?

Snodgrass. Tol'ble, torble. I was talkin* with him some ter day. He was askin' me if I knowed John Doolittle. It seems that the Governor's got an appintment ter make fcr a Commissioner of Double Taxation. Yer see ther's still a few things in the state that ain 'ttaxed but once. An' the place will be wuth baout twenty-five hundred a year; an' somebody'd recommended Doolittle.

(Doolittle, much excited, peers around the edge of the screen.)

Mrs. Capset. Yes, And what did you tell him ?

Snodgr/^ss. I told him that if the place didn't call fer much besides playin' pool 'n smokin' cigarettes probably Doolittle would do fust rate.

Mrs. Capset. (Laughing). Good! You told him just the truth.

(Dashemoff punches Doolittle in the ribs.)

Mrs. Capset. Oh, do you know, Solon, that you prevented me receiving a proposal to-night ?

Snodgrass, (grinning). Wal', maybe I did have some such idee.

Mrs. Capset. Yes. Do you know, Mr. Dashemoff owes me for his board for months and months. And I believe he's concluded that the only way he'll ever get it paid is to marry me. (Hides her face in her hands, and shakes with laughter.) And think how convenient it would be for the future! I would, of course, go right on with the boarding house; and there'd be no board bill at all for him.

Snodgrass. Haw! haw! haw! haw!. (Slapping his knee.)

(Doolittle punches Dashemoff.)

Dashemoff" (sotto voce). Aw, cut it out.

Snodgrass. (Putting his arm around her waist.) Do you know, Lucindy, you've got jest the purtiest eyes! Why they make me think of my Betsy's eyes.

Mrs. Capset. (Sitting up suddenly and disengaging his arm.) And who is your Betsy, pray ?

Snodgrass. Oh, Betsy's my three-year old Jersey heifer. I took fust prize with her daown at the State Fair.

Mrs. Capset. Oh, I see. (Then suddenly and shrilly.) Well, I like that! Telling me my eyes are just like a cow's.

Snodgrass. (Firmly replacing his arm). Naow Lucindy, you oughter know what I mean. If I should tell yer your eyes was like diamonds or topazes or anything like that I sh'd be talkin' baout somethin' that I don't know nothin' baout. But I tell yer honest that your eyes and your face is jest the sweetest that I ever see. And I want that you should come ter East Blueberry with me. I want that you should be Mrs. Snodgrass.

Mrs. Capset, (hiding her face on his shoulder). Oh, Solon!

(Doolittle punches Dashemoff again, and the latter retaliates. In the scuffle the screen is overturned, and they are discovered sprawling on their hands and knees.)

Mrs. Capset. (Screaming and clinging to Snodgrass). Oh Solon!!!

Snodgrass. (Rising, with Mrs. Capset's arms still around his neck.) Wal\ I'll be Gosh Dummed!

Curtain.

STATE VS. BURTON

A Drama of the Court Room

Being a Transcript from the Notes of the Stenographer

Section I. THE GRAND JURY

STATE OF VERMONT

vs.

JOHN BURTON.

Proceedings of tlie Grand Jury, September Term, Warner County Court, Sept. i6, 1899, County Court House, Allentown, Vermont.

Martin Williams, State's Attorney,

C. A. WiNGART, Stenographer.

Roll call by Foreman, J. T. Munson. All present. Mr. Williams. Now, if you are ready gentlemen.

-we will take up the case of John Burton. He is charged with arson, having been held by the Justice Court on the charge of having set fire to the buildings of Stephen Cummins on the night of August loth. This was the fire, as you know, at which old Mrs. Cummins lost her life; and if you bring an indictment against Burton it will be for you to decide whether it shall be for arson or for a yet more serious crime. That is, if you find that he did set fire to the buildings, and did it with the intention of destroying the lives of the inmates of those buildings, you will bring an indictment for wilful murder.

Foreman Munson. Well, perhaps we shall be able to tell about that when we've heard the witnesses.

State's Atty. Very well. (To Sheriff Arnold.) Call in Mr. Cummins.

STEPHEN CUMMINS

IS SWORN.

EXAMINATION By Mr. Williams.

Q. Your name is Stephen Cummins ? A. Yes sir.

Q. And you reside in Allentown ? A. Wal* no, not jest now. I did till my house burned down; sence then I've ben* livin* over to Morley.

State's Atty, (to Foreman). Put down for him one day's attendance and eight miles travel.

Q. Your buildings were burned on the night of August 1 0th? A. Yes sir.

Q. Where were you and your family at that time ? A. We had all gone over to spend a few days at my daughter's place over to Morley, — all except my mother- She wasn't feelin* real well, and at the last minute she decided not to go. And that's how she met her death.

Q. Yes, Mr. Cummins; it was a terrible thing; and 3 ou have the sympathy of every man here. But now can you tell us — is there anybody whom you suspect or who would have any motive for burning your buildings ? A- I ain't much doubt but what they've got the right man under lock and key.

Q. You mean that you think John Burton did it ? A- I ain't much doubt of it.

Q. Well, Mr. Cummins, w^ill you go on and tell us, in your own way, just what leads you to that opinion ? A. Wal', young John Burton 'n I ain't never got on very well. First thing was about six year ago. He'n one other boy got after some honey in a bee-hive er mine one night late in the fall, after it got so the bees w^ouldn't sting. I d'know how much honey they got, but they ended by tippin' over the hive and doin' a good deal of damage. I learnt in one way or 'nother who 'twas 't did it, 'n I told his father, — he was alive then — that that business 'd got to be settled for or I'd know the reason why..

His father brought the boy over to my house that night and made him pay me five dollars out er the money he'd earnt through the summer. I d'know what else his father did, but I guess the boy kinder laid it up agin' me; an* he's ruther a revengeful disposition, — got a little Injun blood, I guess. After his father died he got ter runnin* with that crowd over 't the pool room, drinkin' an' gamblin' an' so on An' I hain't heard a great deal of good of him sence, exceptin' that he was a good worker when he was sober. Then last winter I wanted somebody ter go up on the mountain an' chop fer me. John was a good chopper, an' out er work jest then, an' 'peared ter be actin' a little stiddier'n he had ben', so I hired him. He was ter have a dollar a cord. He cut off and on, as weather allowed, an' when he got through he told me he had a hundred and six cords. I told him jest as soon as I got it drawed down I'd pay him the whole bill. Yer see I didn't want ter pay fer a thing till I was sure I'd got it. Wal', I had my man draw the wood down and measure it as he drawed it; an' there was jest seventy-eight cords. An' that's what I paid him for. He was awful mad. I didn't know but he'd pitch inter me right there, an* while we was talkin' I'd ben restin' my hand on one er the stakes er my wood sled there in the yard, an' I had it loose in its place, so't I'd a ben ready fer him. But he went off vowin' vengeance. One thing 't he said 't I remember was that it'd cost me a whole lot more'n twenty-eight dollars ter settle up the thing before I got through. I thought at the time he meant a law suit, but I've sence had reason ter see what he did mean.

Q. Did anybody else hear these threats .? A. Yes, Mis' Cummins come terthe back door soon's she heard loud talk, an' stood there an' heard bout the whole fracas.

A Juror.

Q. What insurance did you have on your buildings, Mr. Cummins ? A. I did have two thousand dollars up to within about a week of the time they was burned. At the time they burnt I didn't have a cent.

Q. Is that so ? Then they were a total loss ? A. Yes; there warn't a cent of insurance on *em. — John Burton knew that too.

State's Atty.

Q. What's that ? You say John Burton knew your insurance had run out ? A. Yes, he knew it. Oh, I tell yer, this ain't no case where an innercent man is bein' persecuted for somethin' he didn't do! All the facts fit tergether too well. Yes, I was insured in the — wal', I fergit the name of the company, but it's one er them that Lawyer White's agent for — an' I was goin' ter insure in the Mutual Guaranty, 'n I talked it over one day with Mr. Baker when John Burton was workin' right alongside.

And then another thing. It so happened that in burnin' me out jest at the time he did, he did me more'n five times as much damage as the buildin's was wuth. I d*know whether he knew that, too, or not. He might have.

Q. Why, I don't quite understand that. How was it ? A. Wal* sir, it's quite a story; but the long 'n the short of it is this: — I got the idee in my head las' spring that ther* was good granite on the old Palmer farm up on the branch road. I'd poked round ther in the woods some^ 'n I blieved ther' was good granite there. Wal' I offered the old man Palmer five thousand dollars for the place, — that is I give him fifty dollars fer a three months* option at that figger. 'Twan't wuth near that for farmin', but the more I thought bout it the more I thought' twas a good bargain; an' I'd begun makin' some arrangements ter raise the three thousand that I agreed ter pay down if I took it, on my home place. But when all my buildin's come ter be swep' off that way I couldn't 'a raised half that on it; an' I didn't try; didn't have no heart for it anyway. An' it seemed ther' was others 't had their eye on the Palmer place besides me, fer on the first day of September, the day after my option run out, James Wheatley an' Lawyer White an' one or two others, a company 't they'd got up, bought it for five thousand dollars. They ben diggin' an' blowin' there sence; an' I understand *t day before yistd'y they refused twenty thousand dollars for their quarry. A Juror.

That's right. They did.

State's Atty.

Well, this has been about as bad as it could be for you in every respect. But it really seems a trifle far fetched to suppose that Burton knew all about this transaction and the way the loss of the buildings would affect it. Still, of course, he might have.

A Juror.

Q. I s'pose you hadn't talked much bout this deal through the summer ? A. No, I naturally hadn't advertised it none. Mr. Palmer might have. State's Atty.

Have you any more questions, gentlemen f That's all, Mr. Cummins, and thank you very much.

State's Atty. (To Sheriff Arnold). Call in Mr. Baker.

CHARLES C. BAKER

IS SWORN.

EXAMINATION By Mr. Williams.

Q. Your full name, Mr. Baker.? A. Charles C. Baker.

Q. And you reside here in Allentown ? A. I do. State's Atty, (to Foreman Munson). One day and one mile.

Q. And what is your business, Mr. Baker ? A. I am a farmer; have been all my life.

Q. Yes, — and have you in your employ — or did you have until a short time ago — one John Burton ? A. I did.

Q. Well, what sort of a fellow is he ? Tell us just the same as you would if we were sitting down and talking it over at the store. A. Wal', / alius thought he was a pretty good sort of a feller — that is until this business come up.

Q. Well, that's it, — tell us what you thought about him entirely aside from this affair, just as if this never happened. A. Wal', he was a pretty good feller, jest abaout the best help I ever had, alius willin' an able, would do jest as good a day's work when I was off somewheres as he w^ould when I was right with him. A Juror.

Say, if he ever gits out er jail, I guess I'll try'n hire him. Them kind are skerce.

Witness.

Wal', he is a good faithful feller 'baout his work. I'll say that fer him. But he was alius quick tempered. I had an old mare. Old Switcher we called her, that was a little bit snappish at times. An' one day in the hay-field he was goin* raound forrard of her an* she grabbed his arm in her teeth, an' 'twas all he could do to pull it away from her. The next minute he hit her one crack side er the head with his fork handle, an' broke it short off. An* I thought the old mare was goin' ter drop right in the shafts. She staggered, I tell ye. I was pretty mad fer a minute. But then, I s'pose she did bite like all possessed. I see his arm the next day, 'twas all black and blue, an' showed the marks of her teeth plain as day. An' when John was full of rum I pity anyone thet had any trouble with him.

Q. Well, was he rather rough on the animals at other times ? I mean when he was sober and when there was no special provocation. A. No! oh no! He was real reasonable an* good ter git along with 'em. Ther* wasn't nobody could git along with the old mare, as a common thing, half so well as he could. A Juror.

Did she ever bite him after that ? A. No, I d'know'g she ever did.

State *s Atty.

Q. You spoke about his being a bad one to have trouble with when he'd been drinking. Was he rather a hard drinking fellow? A. Why, no! Ther' was a spell a couple years ago when he was pretty wild — used ter drink pretty hard. He warn't nothing more'n a boy, an* he got in with a hard crowd. You all know what I mean, over to a certain pool room in this taown. But baout a year ago now he seemed ter straignten aout completely; he was payin' some attention ter Miss Morrill, Walter Morril's gal from over't the Junction, she't teaches the school over ter Number five; an' I guess likely *t thet had somethin' t' do with it. Anyway he took ter stayin* home nights an' readin' an' studyin,* — talked some baout goin' ter Bakersville 'Cademy if he could save up money enough. We used ter encourage him in it all we could. Why, we thought a good deal er John! But I guess his Injun blood maybe got the best of him. Thcr't some Injun in the Burtons, way back.

A Juror.

That Morrill gal, is she the one they tell bout bein' such a harnsome one .?

Another Juror.

Yes, that's the one. 'Lizbeth's her name. State's Atty.

Q. He was held without bail on this charge. Would you have gone bail for him, Mr. Baker, if that had been possible ? A. Why, I d'know but I would. Ther' ain't no daoubt in my mind but what he sut the fire, but if John Burton hed as't me to go his bail, an' give me hi»

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