Decatur Daily Democrat, Volume 25, Number 64, Decatur, Adams County, 16 March 1927 — Page 3

The Understanding Heart By PETER b. kyne "T,,, i ,.i, trial? Hob's new trial or Xl to ..RtobllHh Un authentielty i thought th.- Supreme Court ml "t flrM grant, permission for a now ,rla ’V no This trial Is unofficial, tuntlev and I decided not Io bother he deliberate gentlemen of the Sn'rente Court. They’re always about Voyeurs behind on current business W e can’t huve Hob waiting in i’n Qu-ntin until they got leisurely ' tn his case. So we re going make a shortcut. If that plan roils we will proceed in the regular hanneht. It’s Bentley’s idea, as 1 believP 1 told you once before ’•onica's fine eyes flashed atlmlr ■ n .lv "I wish I hadn’t been so mean t 0 the sheriff." she repented "Oh Bentley’s a most, understanding and forgiving old hunks.” He looked at his watch. “Monica, darling I'd like to stay to dinner but ] haven't time. I've got to ride fifty miles in the next ten hours and be cn the job at the court house at nine n'tlock tomorrow morning.” CHAPTER 53 Garland parted with Monica tenderly and she heard his ride sing Ing straight down the side of Bogus, through the charred timber. And cnee more, for the first time since Anthony Garland had ridden into her life, the old loneliness, the old sense of desolation swept over her. “What is going to become of me?” she cried aloud: and from the madrone tree that overhung Uncle Charley’s grave a blue jay screamed defiantly.* Then the silence of the silent places settled over Bogus, and the girl went into her cabin, cast herself upon her bed and wept as if her heart must break. For Tony was leaving the San Dimas, and until he shonld return the San Dimas would be unbearable. If he won. he would return. If he did not—well, Monica knew he had a decent, manly prid° that would forbid his return until he could come to fetch her out to a better life than she had ever known. She felt that life was closing in around her. softly, gradually, remorselessly, as the fog swirled in around the lonely peaks. So many things could happen to whisk out of her life forever the brief happiness that had so lately come into ib She upbraided herself for the weakness which had permitted her to dream, even for a few hours, of a life of ease, of refined surroundings and influences, of freedom from care, of a modicum of acceptable human society. "I'm a prisoner,” she moaned. • “I must escape. Somehow, sometime, 1 must escape. Fate has marooned me on a mountain top. Oh. I wonder if Tony really understands how hard it is for me to lie cheerful when he is here? Has ho any realization of how tragic an existence I lead? He is always gay, always debonair, apparently without a care in the world. Sometimes I could almost hate him for! that uplifted eyebrow, for his calm acceptance of life.” And then a new thought, struck her. I "Perhaps his is a calm defiance of life? Until he met me he seemed willing to accent whatever life of- 1 sered bim, to drift with the tide. But,: now he is no longer drifting. He is| out fighting—for me. He has broken camp—he nas burned his bridges be hind him. inarching forward to his old life. He has health and strength now; perhaps he will not. be defeated this time. Perhaps a victory for Bob and me will mean a greater victory for him.” She ransed her head and wiped away her tears. “I'll pray for him," she decided, and. falling on her knees hnside the bed, with a full heart she did so. And immediately felt better. ♦ ♦ ♦ About ten o'clock that night Rar land rode his weary horse into Montague, stabled him in Bentley’s barn wi hout bothering to ask the sheriff's ’’“t mission, and repaired to the hotel. The clerk on duty rummaged in the icelbox of the deserted kitchen and sot him a snack; immediately after p at ng he retired. i The sheriff called at the hotel shortly after breakfast, and together they strolled over to the court-room of the county judge. Jim Kirby, the district attorney, was with Judge Kenly in his chambers, and a dozen men were , standing around in the corridor.. 1 smoking and gossiping. t was a most informal procedure. ' J'mge Kenly came out into the cor-,! kor and unlocked the door of his , i rt-room; silently the men in the 1 corridor followed him in. |] In.„ ~ ,!” ay all smoke, if yon feel 1 , ~ , , ’ le ioclfio announced, ami ! aded h IR brier pipe. “Now then." a aoa «. " you ,en men arc the ! ~~! i ,lr y which some two i rm convicted Robert Lee Ma- ' at th firs, -dgeree murder on what. | tl . tne ' a PP ft ared to you good and, < Sboriff eV ' ( ' ence ' lam informed bv ! land t s? t Pn “ ey and Mr. Anthony Gar I come t yQ ® en Hy certain evidence has ' nosoihi? r attent >on which was not' ( trial P resen tatjon at Mason's j Mason" ’. en, ] 9men will recall that I da'mino- p ! Pa d e d justifiable homicide, j well n } he decea sed, Grant Bard- I shooter at , already emptied a six- ' reloadL ' ? im ' w ”bout effect, had | again wi"' ?’ as a h°ut to open fire I him. hen Mason "hot and killed | the deceased was ] to Possess n„ ° Carry a gnn - or even ' no nistoi ° ne ’ and -since, 'moreover. < w «re found at tl? Pty cartridge she,!s I cide Msenn ,he Bcene of the horni- < a X w^dX let 0 offpr any |; haVe oeen informed that recently 1

J a loaded pistol and six empty cartridge' ■shells of the same caliber as this pis tol have been discovered not far from the scene of the crime, and that other 1 , evidence hearsay evidence, I regret to say, hut nevertheless, in the inter : ests of Justice, not altogether unwor - thy of credence has coum to light We are nil here Informally this morning Io listen to that evidence and to Judge for ourselves whether or not iJ miscarriage of Justice occurred at I Mason's trial. | "The witnesses will ho sworn and interrogated by the district attorney, I I Mr. Garland, myself and any of you 1 former members of the Mason jury 'who earn to ask queations. Personally, I have learned in deta l 'be natur ■ of this evidence nnd have no hesitancy in stating that I regard it as siiffi cient to open the gates of San Quentin for this unfortunte man. Mr. 'clerk, swear the first witness." j Sheriff Bentley stepped up on the witness stand pud was duly sworn. Garland Immediately took him through a direct exatnination that covered the I conversation which the sheriff. Garland, and Bob Mason had had-with Uncle Charley Canfield just prior to the latter’s death. j With no attempt at legal finesse ho developed the fact that, acting upon this hearsay evidence that the dendj man hail been armed and that the pistol and the empty cartridges had been removed from the scene of the .killing by Bob Mason's wife. Bentley had commenced an extensive search for the weapon and had finally found it in the hollow oak tree about a hundred yards from the spot where the killing had occurred. At this juncture Bentley produced the pistol and swore that it was the same weapon he had found in the tree —likewise six empty cartridge shells.. The pistol and the cartridges were then passed to the judge, the district attorney and the former jurymen, who examined them carefully. Led bv Garland's questions. Bentlev testified in detail regarding his efforts to trace the ownership of the pistol. He produced carbon cop'es of his telegrams to the manufacturres and thetr replies and step by step traced the pistol to its final owner, to wit, Henry Jethroe. president of the Hercules Hydraulic Mining Company! Following some perfunctory ques Honing by the district attorney, the judge, and one of the former jurymen, Bentley stepped down from the stand, and Deputy Sheriff Nott took the witness chair. He testified to having accompanied Sheriff Bentley on his search for the ristol and emptv cartridges on Bob Mason’s Honey Valley ranch; and to having been present when the oak tree was cut down and the evidence d'scovered in its hollow trunk. Ho iden- 1 t'fied the pistol by its number and the cartridges by a private mark, ho had placed upon them at the time for 'he purpose of identification later; he testified that when the gun was found it was fullv loaded. CHAPTER 54 When Deputy Nott’s testimony h::-l been concluded Garland placed in evidence a sworn affidavit from one Edward Binnev, who stated that he was a salesman in the Golden Gate Hardware Company of San Francisco: I that he had sold, on a certain date a I year prior to the killing, a forty-five calaber pistol, of the make, model, and number of a certain pis'ol exhibited to him by Bentley; that the purchaser was Mr. Henry Jethroe, president of the Hercules Hydraulic MiningCompany; that he knew Mr. Jethroe well, having sold him sporting-goons for years; and that he remembered

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DECATUR DAILY DEMOCRAT WEDNESDAY, MAf£H 16,1927.

■ the sale of the pistol to him perfectly 1 Next Garland submitted In evidence ; .the register of fire-arms sold by the , .Golden Gate Hardware Company the ' register required by law, to be kept, jit has been signed by Henry Jethroe. | The submission of this evidence jpractically concluded the informal in | i vest.igation. “At Mason's trial,” Garland continued, addressing the court, l"it uppi-nrs from the record that Jeth roe disclaimed owning a pistol, tliut he swore tie hail not loaned a pistol | to the deceased nor hnd he ever kept a pistol In his desk or In his quarters at tlie mine. "The affidavit of the hardware sales-| man, Edward Binnoy, and the record of tlie sale kept ]>v the hardware company, together with Jethroe's signature in the record, would lend some| tlcubt to the testimony glv< n by him at Mason's trial. Personally, I think, he Is guilty of perjury and I shall i make it my business to —” "Do not bother, Mr. Garland.” Jim Kirby spoke up. ”1 am the district' attorney, and it shall be my pleasure and duty to seek an Indictment against Mr. Jethroe at the next meeting of the Siskiyou County Grand Jury." | Judge Kenly knocked the dottie from his pipe and crossed one leg over the arm of his chair. ‘‘Well, Jim," he queried, “what do yon think?” I "I think Jethroe’s a liar and a perjurer; that he did own this gun; that h' l kept it in his desk or in the quarters ho was wont to occupy when waiting at Dogwood Flats; that the dead man, Bardwell, knew the gun was there: that ho helped himself to it on that last trip he made up to “ce Mason's wife; that the woman. !in a sudden fury of resentment against her husband for killing this man she loved, hid the pistol and the empty cartridges in the dead oak. ■ “I am convinced that she did not ' care to live longer with Mason as his wife; she knew she had no grounds for a divorce, and some devil in her natur' 1 prompted the thought that if her husband should be convicted of murder, or even second-degree manslaughter, she could secure a divorce from him on the ground that he had been convicted of a felony! God knows what impelled her motive, but that she had a motive and acted on it seems more than probable. “I believe Ashford Dale saw her, that he told Uncle Charley Canfield what he hi d seen, that Uncle Charley repeated the tale in good faith and with a firm belief (knowing he was about to d : e) that it was his duty to repeat it. He was aware that it would not have been admissible at Mason's trial because it was hearsav evidence; when he promoted Mason's lawyer ’o question Mrs. Mason at the trial, you all remember she became hysterical, and Mason himself quarreled with his I lawyer for trying a line of cross-ex--1 amination that would tend to scandal ize his wife. And of course Mason’s at'orrey got nowhere because I objected at once and you. Judge Kenly, sustained me. “I believe now that Bob Mason Gains 8 Pounds Since Taking Vinol “I felt sluggish, drowsy and weak. A friend suggested Vinol. Now I feel I line and have gained 8 pounds."—R. H. Bailey. Tlie very FIRST week you take Vinol. you begin to feel stronger, eat and sleep better. For over 24 years, this simple, strengthening Iron and cod liver compound has been helping nervous, run-down women, tired men, and pale, sickly children. Contains no oil -pleasant to take. Smith. Yager & Falk, druggists.

killed Grant Bardwell In self defense, giving the fellow every chance in the world, and that Mason Is not guilty of the murder with which he has been charged and for which he is now serving a life sentence in San Quentin.” | "Yon have expressed tnv sentiments exactly, Jim,” the judge declared. "Os the twelve men who composed the Jury that convicted Mason, two are dead; th eother ten are present. Gentlemen, what is your Idea of this situation? If you think Mason has Been unjustly convicted, raise your right | hands.” I Ten right hands were up-raised promptly. "Let's make it unanimous.” Sheriff Bentley suggested with a grin. "In this state," the judge continued, "when a man has been regularly tried and convicted; when he has appealed j from the conviction and his appeal has I been denied by the Supreme Court; 'after judgment has been entered and 1 the man confined in the state peniten Gary and after he has served part of his sentence there, there does not appear to be any method by which | the case can be reopened and a new trial secured. If there is, I don’t know anything about it. "The procedure which the circumstances indicate should be. taken in,this case is. however, much more simple and effective. It is proposed that the trial Judge, the district attorney and the ten survivors of the jury that convicted Mason shall make affidavit to the effect that they have listened to the sworn testimony in the matter of the newly discovered evidence in the case of the people of the State of

1 S I ( /fl A Mail Carrier’s Experience with |$0 =VIS Mud was up to the hubs for miles—the car had to plough through on low—yet the motor was not heated— because the engine was lubricated with Iso = Vis. This experience is told in a letter received by the Standard Oil Company (Indiana) from a rural mail carrier. Charleston, Mo., Jan. 3, 1927. Standard Oil Company, St. Louis, Mo. Gentlemen: I feel that I owe your Company a letter of praise for the perfect satisfaction your new oil Iso = Vis has given me. lam a rural carrier and the time I changed to this new oil, the roads were in the worst condition they have been in for years. I drove my car in first and second gear with mud up to the hubs for miles without heating my motor the least bit. I am also having a much easier time starting as the motor does not get stiff with Iso = Vis. I having been using Red Crown-Ethyl gas ever since it appeared in ourfilling stations here. The two products make a splendid combination. I am a satisfied Customer. Louis E. Edward, Rural Carrier No. 2 Thousands of letters of appreciation have come to the Standard Oil Cqmpany (Indiana) since Iso = Vis was put on the market—letters telling of actual experiences, like the one above. A motor oil so extraordinary in the results it gives that people voluntarily sit down and write enthusiastic letters of praise to the Company who produced it is worth trying out! Iso = Vis has revolutionized lubrication. It make? for easier starting—overcomes dilution troubles—and gives efficient lubrication every mile from the first to the thousandth! That is why enthusiasm over Iso=Vis is so general. Try it once and you’ll see! Iso=Vis “F” for Fords. ✓ At Any Standard Oil Company (Indiana) Service Station or at Any Licensed Garage Standard Oil Company Decatur. Indiana 1665 [/ndianaj

California vermis Robert Loe Mason; that they uro fully and firmly con vlnced that because this evidence wa i not available at Mason's trial a reasonable doubt as to his pnilt or Innocence was not raised in their minds; that they are now ffdli convinced Unit ha<l said newly discovered evidence been available they would have given the accjl rd the hoiieflt of the doubt and voted not guilty; that lhey are now fully convinced of ihe nonguilt of Mason and petition the Parole Board.to Investigate Hie case thoroughly and recommend to the governor of the state that Mason be given an unconditional pardon, which will remove from him all stigma of guilt ami automatically restore his citizen ship rights. 1 need not point out io you that this joint drive is bound to result in prompt and < eelsive action." Anthony Garland looked up at Judge Kenly, in the silence Hint followed. and grinned like a mischievous schoolboy. "If your Honor please," he said, "I have the affidavits prepar ml and here in court with me! 1 had not the slightest, doubt but that your Honor, the district attorney, and the gentlemen of the jury would lake this just attitude and be prepared to sign the affidavits and swear io them before your court clerk immediately." Copyright 1926 Peter It Kyne by arrangement with King Features Svnrtlcate. Inc (TO BE CONTIMIEIM NOTICE I will not be responsible for any accounts made by my wife in my name. 62-3tx Adolph Bauman.

Russian Court Jewels, Worth Half Million, Are Sold At Auction London, (United Pre mi Stories of the departed glotles of the Russian court and of the 111 fated Romanoff dynasty were imallml in :i l.rmlm auction room today when a glittering in ray of magnificent jeweliy valued at. 15(10,000 fell under the auction hammer. Originally tlie properly of Ru sliin nobles and aristocracy, ownership of the jewels passed to tlie Russian State to be sold in turn to a British syndicate to be auctioned off. Many of the pieces weie wrought in Beautiful citings by famous Fiench ami Ru lan jewelers. The rest of the collection < insists of a dazzling assortment of tiaras, necklaces, pendants, earrings and bracelets. Tlie whole collection which contains more that a thousand precious stones, is divided into 124 lots. The sab- was held in Christie's auction rooms. o NOTICE I will he out of town from today until Monday morning, March 21, 1927. G4t3x - DR. F. W. LOSE. o Get the Habit—Trade at Home, It Pays

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