Democratic Sentinel, Volume 11, Number 3, Rensselaer, Jasper County, 18 February 1887 — No Escape That Time. [ARTICLE]

No Escape That Time.

Io the early history of Indiana there was a time when the inhabitants suffered from the depredations of a desperate gang of horse thieves. Many of the offenders were captured, tried and proved guilty, yet through .gome defect in the indictment, escaped punishment. Naturally, tfee people complained at this, for they got neither satisfaction nor protection. About this time Gen. Marston G. Clark was appointed judge, to fill a vacancy. He was no learned in the law, but he had a stern loye of jus* tice, and, as the following anecdote proves, the people did well in trusting their cause in his hands: Court came ou; Judge Clark on the bench. The jail at this tithe was full of horse thieves. The penalty was not less than thirtynine lashes on the bare back. The grand jury returned indictments against each of the prisoners. Clark—We will try John Long first, as he seems to be a leader in the business. Sheriff, bring him into court. The sheriff brought the man in. “John Long,” said the Judge, ,‘stand up. You are indicted for stealing an Indian pony. Are you guilty or not guilty?” ounsel for John Long—May it please the court, we plead in abatement that his name is John H. Long. Judge Clark—That makes no difference; I know the man, and that is sufficient. Counsel-^We then move to quash the indictment. Judge Clark—State your objections. •* ' Counsel —First, thei e is no value of the horse laid: second, it is charged in the indictment to be a horse, when it is a gelding. Judge Clark —I know an Indian pony is wortli ten dollars, and I shall consider that a gelding is a horse: motion overruled.

The pri oner then pleaded not guilty. The jury was impanelled; the trial was short; verdict, guilty; sentence, thirty-nine lashes on his bare back. tj As a last resort, Long’s 'counsel . moved an arrest ol judgment, on the ground that it was not charged in the indictment that the horse was stolen in the territory of Indiana. The judge promised to consider the point, and give a decision the next day. Meantime he ordered the sheriff to keep the prisoner safe. But privately he told the sheriff to take Long into the woods, clean out of hearing, and give him thirty-nine lashes on his bare back, well laid on, then put him in jail again. “Keep this to yourselves,” he added, “and bring the prisoner into court in the morning.” The order was obeyed to the letter, and, next morning, Long was i the box again, his counsel ignorant of wh'at had taken place. J udge Clark —I have been thinking of the case of Long. I think we will grant him a new trial. Long, springing to his feet, cried out, “Oh, no; for heaven’s sake! I have been whipped almost to death already. I discharge my attorneys, and withdraw their motion.” Judge Clark —Clerk, nter the judgment on the book and mark it satisfied. Tne other prisoners were bro’t in, in succession, and convicted.— No motion to quash, or in arrest, wits afterward made. The ers were whipped nd discharged, carrying with them the news to all their comrades. Not a horse was stolen in that part of the territory for years afterward. - In Montana during the winter erwboys make a living by killing mountain lions, for which a bounty of $8 ‘per head is paid. The animals are ferocious and some are 1 very large. , ,