Saturday Evening Mail, Volume 5, Number 33, Terre Haute, Vigo County, 13 February 1875 — Page 2

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I M[ £j iVli\ 1 1 «There

A PAPER FOR THE PEOPLE.

INTRA, MINTRA, CUTRA, COAY.

BY HKV.J. I.KCnWO.

Ten small hands upon the spread, Flv-s forms kneeling besldo the bed, Blue-eyes, Biaek-eyes, Curly-bead

Blonde. Brunette—In a glee and a glow. Waiting the magic wonl. Such a row. Seven years, six years, Ave, lour, two.

Fifty Angers, all in a line, (Years are thirty,

twenty

Ten

sweet

eyes that sparkle and shine.

Motherly Mary, age of ten. Evens the flnger-tlps again, QlaaoM along the line—and then— intra, mlntra, cutra, corn,

Apple-seed

an« apple-thorn,

Wire, brier, limber-lock, Three geese in a ttock. Ruble, roble. rabble,and rout,

Y, O, U,T. Out"!

ttentence falls on Curly-beaU One wee digit is 'gone and dead, Forty-and-nln? left on the spread.

Intra, mlntra," the flat goes, Who'll be taken, nobody knows, Only God may the lot dispose. I* it more than a childish play Still you sigh and turn away. Why? What pain in the signt. I pray?

Ah, too true: "As the flngere fall, One by one, at the magic call, Till, at the last chanoe reaches all.

So in the fateful days to come The lot shall fall in many a home That breaks a heart and fills a tomb.

Shall fall, and fall, and fall again, Like a Law that counts our love but vain. Like a Kate, unheeding our woes and pain

One by one—and who shall say Whether the lot may fall this day, That calleth of these dear babes away

True, too true. Yet hold, dear Mend Evermore doth the loth depend On him who loved, and loves, to the end:

Blind, to our eyes, the flat goes, Who'll bo taken, no mortal knows, But only Love will the lot dispose.

Only Love, with his wiser tight L«v«- alone, in His Infinite might Love, who dwells in eternal light.

N«w are the fifty fingers gone To play some new gamo under the sun— The childish fancy Is past and gone.

So let our boding prophecies go, As clilldisk, for do we not surely know Tho dear God lioldeth our lot beJow?

[From the Overland Monthly.]

A Sage-Brush Alibi.

You ought to remember Mat Kingman, Rudepath said the judge, turning to me, aa he lighted his pipe by the

fll"

No I havo only heard of him. Ho loft the country shortly before I camo in, I believe."

Well, I have been here in Nevada for a good while, and first and last have had something to do with many of the worst scamps we havo ever had in this State but, tor coolness and tact, I put down Mat Kingman as highest by a lew spots. The best thing I ever know of hiin happened a little less than four years ago, not long after I was elected judge of this district. Manely remenu bors it. Ho was district attorney then, and was sold worse than tho rest of us, by a little."

Manely—by whose fireside we sat, and who was laid up with inflammatory rheumatism—smiled as he throw back his head and blew rings of smoko to ward tho ceiling.

Well, Judge, let's havo it, then," said Norton. "I reckon it will be fresh to all but Maneley and he isn't well enough to make much of a tight against it. Vauxhall, pass the mfctchos." "Yes tell it, Judge," said Mauley. And he did, as follows

Kingman first came* on this river a little over four years ago. No one seemed t® know anything about him, but everyone put him up lor a sport the first day ho camo. Ho was well-inade. but rather slight, if anything had darkbrewn hair and beard, and a pleasant gray eye. He always dressed plainly but well thorn wasn't anything about him In tho least conspicuous. Ho was always gentlemanly, always oool, and never drank. I have often known biin to alt at a faro same- by the hour, betting and keeping cases quietly and pleasantly all the time. No matter whether he was winning or losing, he was just the same.

He was at Willard's placo one evoilIng, when a sport that they called Piaon —a mighty bad man from Colorado with a big reputation aa a killer—Insisted that he should drink with him. Kingman deolined pleasantly, adding that ho never drank but Pison had been losing, he was drunk and croas, b"caino terribly abusive, and finally shook his

-m jr a *r *r the surfhoe Indications were awltol rich, twww then

T?t Ayf A TT 123.tfcS^n'l 1*»**

WHa

ore mlne.)

He told the widow what had happened: that he was broke and out of luck. But she didn't take on a bit she told him she was sorrv, for it was all she had, and she couldnt exactly see how she could get along without it very well but that it was all right, Bhe knew he had spent it trying. Then Kingman told her that if he lived she should have her money in thirty days. A week alter that, the express was stopped at night bv two men with handkerchief* over their faces, about a mile this side of the crossing of the Middle Fork, and between $6,000 and $7,000 in coin and dust taken. The driver could only describe tho robbers as two men of about medium size, in dark clothes, with white handkerchiefs over their faces. Three days before, Kingman had started away on his roan horse to go fishing, as he said, and had not returned prior to the robbery. A gambler by the name of Wright left town sometime during the afternoon before the robbery, but returned late the same night it was committed. Wright was known to be a bad man, and had left Montana on warning of the vigilantes. He was of about the same sire as Kingman—a little heavier. The next morning Morton—he was our sheriff then—snd his deputies went out to where the robbery took place. They found the broken treasure-box in the bushes near by, but nothing in it of value.

Near

it they found a small sledge,

which had been stolen from the black-smith-d shop at th6 Middl© Fork, and used to break open the treasure-box. About fifty yards away, one of the deputies picked up a white handkerchief, and close by it

were

4*Wright

MX-

shooter in Kingman's face. Everyone expected to see some nasty work right then and there, but tbey did n't. Kingman turned pale in au instant, but said, with a smile,

4Some

one had better take

this man away I can wait till he's sober.' Two or three of the boys stepped in between them, and took Pizon into tho backroom then Kingman walked off-

It was a strange way for a man to actin this country and, though Kingman blanched and took the abuse, I reckon that no one thought him afraid—there was something about him that told you he wasu'U lx»k out for tho man that stands his ground and gets white in a fight he's dangerous. A white heat Is hottvr than red.

Tho next dav Kingman and Pi*on met in front of Shotwoll's. They stopped face to face, and Kingman said,very quietly:

4Pi*on.

yon wore drunk last

night and abused me. Now you re sober take it back.' *1, takes nothing back,' said Pison and, aa Quick Ma dash, Kingman struck hhn a blow in the month, which sent his t*eth through his Upa and staggered him. Each wan went for his gun, but before l*iion could fire, Kingman struck him over the bead will* a six-shooter, laying his fb re head open to the skull, and tearing the akin down in a flap over his eye*. Then he struck again, atxl Piaou fcU like asack of quarto insensible. Kinguian was arrested and held to answer, but somehow the matter blew over, aa audi matters wo often do how, and nothing

IUOTS

aver earn* of it.

Finally, Kingman bought an intercut in Ward's faro game. They ran It together tor awhile, and were making money but,while Klnpnan *m up on the itoatfe Fork of the West Fock, fishing, for a few days, some of the bora man*gtKi to steal the bank's cards from behind the bar In broad daylight, fix them wjdr^ turn them to their |lace without srda knowing It. WeU, that night the boys broke the bank, and when Kingman got back, Ward had gone t® Montana. Kingman spouted Ma waSoh and soma other tricks, but the first night or two he lost all he had raised on them in fact, his luck seemed to have turned, and everything he touchcd went against him. About that time the Ribbon-rock Iiatrict, out north of here, was struck

Uttle widow livinghfie down the

There was a little widow living hfic then, by the namo of Oalltu—a aimgm, confiding little thing minded her own business remarkably for a woman, ana wait heavy on goihg to church. When Tom Callen died, lie loft her about a thousand dollars. It was all she bsd, except the little house and lot where she lived. 8be lent that thousand dollars to Kingman to open a mine with in the new district. I reckon she was in love with him anyway, she trusted him. In a mouth the claim had petered, and the money was all spent then Kingman came back to town.

i... .. «f n«ii«i-» Mmida. nh^fe out fori div Wi

the prints of a man's

boots in the sand, but nothing could be made of them. They managed to follow the foot-prints until they led to a little clump of cedars there another mans track came in, and they found where two horses had been tied. All the indi cations were fresh. One of the horses had rubbed on the eedar to which he had been hitched, and left a few hairs from his neck and mane. From this hair found sticking to the bark, this horse was evidently a light bay, with black mane, and his track was small. The track of the other horse was larger, but nothing was discovered to indicate his color or any peculiarity the sand was too soft to leave a clear print, ana the track could not be followed alter it struck the road, as the dust was jep, Suspicion fell upon Wright at once. The hair found sticking in the cedar bark corresponded to that of the horse which he had riddon, and this horse had a small foot.

was arrested, but nothing

taken from the treasure-box was found on him. He blustered some at first but when Morton told him about the hair lie had found on the tree, took him over to the stable and allowed him to compare it with that of the horse he had ridden the night of the robbery, and told him that the tracks corresponded, he weakened. The next day the grand jury indicted him. The handkerchief found near where the robbery took place was a plain linen one, and had only oue mark upon it—a Chinaman's laundry mark. At one of the washhouses the Chinamen recognizod the mark as one they bad put upon Kinsman's clothes they had some of his washing there then, marked the same way,

Upon

Kingman gave himself up without hesitation, and ssid he would »ot attempt to escape. He bad no arms about him and very little coin, was mounted on a clay-blank horse,and bad no blankets. He told Morton that his roan had gone lame', and that he had traded it, together with his blankots and six-shoot-er, to a cattle man that he met in Buck Valley, for the clay-bank. Kingman waved an examination and went to Jail. An indictment was found against him in a few days, and, as he coula not give satisfactory ball, he remained shut up until his trial took place, a week later. He employed Sid Shepard to defend him, and that littlo widow, Mrs. Callen, raised $500 on her house and lot, and paid Sid's fee.

Everyone was sorry for this, and some of the women went over and remonstrated with her. She took it all very quietly, but told them that their protest came a little too late, as the mischief was already done that if it were not, sho would have it done right away, and Suggested that the house and lot were her own. Kingman and Wright were kept in separate cells at opposite ends of the jail, and all communication between them prevented. Wright was very much depressed and anxious about his trial Kingman seemed perfectly self-possessed, and free from all anxiety about anything. Manley. here, had much doubt .about being able to convict either of them, for, with the exception of the abseuce of the parties from town at the time of the robbery, the strong resemblance of the horso-hair found sticking to the barkof the tree near where the robbery was committed to that of the hone which Wright had ridden that night, the fact that the track of tho horse wnlcn bad rubbed himself on the cedar was about the same sise that Wright's would have made, and the fact that the handkerchief found on the ground had tho same laundry mark as Kingman's clothes, there was little, if anything, to rely upon and juries in this country are fierce to give prisoners the benefit of the doubt, yon know. But one day Wright called the sheriff to his cell, and asked him if he thought the court would enter a noOc as to him, provided he would furnish testimony sufficient to convict Kingman Upon this hint Morton and ^iajtley carae up to my chambers and, after along consultation we thought ft best to allow Wright to turn State's evidenoe, provided he would UH whore the aaowey was, or hi* part of it. Wright agreed to do so. His statement was, that he andKingmanhad planned the robbery the day before

Kingman left town. It was agreed thai Kingman should davs. and then meet Wrigni a mile above the crossing ot lift FWk at sight on Howdsy^vwrfog, cftoh takinfr eU»«l«**»

twi^ whilellatttw

down the arroyb, saying ttoat regain out for ft day or*wo longer \*r laoka. Kingman rod* his roan herse that night, Wright said. Wright went out with Morton and raised his 'plant be had buried it at a point about a mile down the river from here. It amounted to a trifle over half of what the express had been robbed, I believe, but he swore he knew nothing of what Kingman hid done with bis share, and that he had not seen him since they parted at the arrot/o. This made out a case against Kingman that it would be hard to boat.

when Sid Shepard told his client that Wright had turned State's evidence Kingman ground his teeth, but did not rave or buck any. After thinking for a lew moments, ho turned to Sid, and said: 'Wright aud I had some words about a little money be owes me, and now he ingoing to take his revenge, it seems. They'll make a strong case with his testimony against me without that, the matter wouldn't" amount to anything but they cant convict. Send me the list of trialjurors we must pick out some liberal-minded fellows, if we can. Tear Wright's testimony to pieces the best you know how when you cross-ex-amine him. Impeach him, too you can find a hundred men in this town to swear ho's a liar. Dont let anyone know that I have any idea of getting cloar I'll surprise them.'

Two weeks from the day of the robbery, wo took up the case of The State of Nevada against Kingman, and no one seemed to doubt that lie would be convicted certainly Manely did not."

Nor the Judge, either," replied Manley. Well, I admit that I looked upon Kingman as already convicted, we had a list of unusually good jurors to select from, and I knew how strong the testimony would be. We got started upon the trial early in the day. Manley reserved Wright as his last witness. He was a littlo nervous upon the stand, but told a straight story about the robbery by himself and Kingman. Kingman sat nearly in front of him, looking him full in the eye with as calm and un expressive a face as I have ever seen There was nothing there to indicate what his thoughts were, but he was evi dently listening to all that Wright was

^^wlien Sid Shepard took the witness on cross-examination, be raked him teiribly, went into his life in Montana, and made him admit that he and the prisoner had a quarrel about money shortly before the robbery, but he could not shake him on any material statement which he had made on his 'direct.' Just as Shepard was closing bis cross-exam-ination, Kingman rose and stepped a few feet to the table, where sat a pitcher of water and a glass. He poured out a little water and drank it. While he was drinking, Wright answered the last question, and told him to stand aside As he took his first step down from the stand, Kingman hurled the tumb'.er at him with a force which seemed sufficient to send it through a brick wall. It struck Wright full in the face? breaking his jaw horribly,and he fell with a groan of pain and fear. Morton put the nando'uffs upon Kingman at once, and I ordered Wright to be taken to the hospital.

this evidence alone, a war

rant was issued for Kingman. Morton and a deputy met him in the morning of the second day after the robbery, just this side of First Water, ten miles east of here, coming this way.

went dtewn the road,

bitebea their horses among the eedars, aud, when the stage oasts along aboat ten o'clock, they robbed it: that they then came down the road, this way, to the creek, and struck across the hills, north-easterly, about five miles a 1«$) army*. Here they slopped to let their 1 torses breathe, and ilivide the

It was now three o'clock the prosecution closed, and, as we had been engaged in the trial since morning without intermission, I ordered a recess for an hour. Manley went over to his office, and just as ho got there, a.stranger rode up. He was a plain-looking man, rather heavily built, with brown hair and sandy beard. He wore a gray shirt, broad-brimmed hat, a pair of overalls, and army shoes. His horse was a bronco, very wild and vicious, but he managed it like a vaquero. Evidently they had traveled for some distance, for the horse showed hard riding, and both man and beast were covered with dust. 'Is this Mr. Manley?' said the stranger.

Gtodo

TERRE HAUTE SATURDAY EVENING MAIL.

saw your sign on the door,' said the miin, *'as I came into town. I'm a stranger here, and want to consult a lawyer as soon as I put my horse in the corral, I'll come back.' 'very well,' said Manley, 'I'll wait for you.'

In a few minutes,, tho stranger entered Manley's office. He told Slanley that he was a cattle-man, and had a band near the upper end of Fox Valley, just over the county line that he had paid his taxes on his cattle for that year in another county. He wished to bring his band into the lower end of the valley, which is in this county, where the feed was better, and wanted to know of Manley whether they would be liable to be assessed in this county, if he should. Manley examined his receipts and advised him.. The stranger cheerfully paid him his fee, chatted for a few moments, and, as he was about to go, Manley mentioned that the express robbery case was on trial. The stranger had heard nothing of the matter, be said, and so Manley told him about it. 'Well,' said the stranger, 'there don't seem to beany doubt about convincing him, and I'm giad of it if it was for me to sentence him, I'd have him hung to-morrow morning. I had trouble with one of his kind only couple of weeks ago, but he got away, and took a horse, saddle and bridle with him. Ho left his own, though, which were better, and his gun and blankets, too, so I am more than even. Now I must go and buy some tricks for Camp useand ho bade Manley good-day. the expiration of the recess, we took up the case again. Shepard made a splendid opening to the jury—he always did well when pressed hard—then examined a few witnesses to contradict some of Wright's statements—not verv material ones, however—and then called his impeaching witnesses. The case bad excited much attention, and the court-room was packed. Kingman was sitting by his counsel with his back to the crowd outside the rail occasionally he altered his position, but did not seem to be more anxious than during the earlier part of the day. Morton had taken off his hand-cufis, upon his promising uot to make more trouble. I bad picked dp my pen and begun to write an instruction to the jnry, when I heard someone in the crowd exclaim, 'God! there you are!' and upon looking up, I saw a man, a stranger, in the very front of the crowd, outside the rail* with clinched bands and set teeth, while every line of his face betokened anger, looking fiercely at Kingman, who seemed to have lost, for tho moment, hH setf-oentroi. and had half risen firom his seat, holding to the arms of his chair, his iaoe wearing a tiiaid, half-frightened look, ftoeh an I had never thought it pooMble it eould wear. Kvery eye was •t that moment Bnttl noon these two mW^dahushofexpe&tion had fallal upon the court-room. fat oneeewilewd the sheriff to bring the stranger within the bar, and asked himwhathe had tossy-why he should not be fined for contempt, in disturbing the proceedings of the court. He seemed embarrassJd, snd said that he had Momentarily forgotten himself. 'I-didn't

anything wrong, Judge.' said 'but, yon see, that man*—painting to Kingman—4robbed roe of $1,400 and a horse, raddle, and bridle, in Fox Yalter. two weeks ago. I captured him ttien, but he got away and coming so

sudden-like upon him again here, as I did just nam, yon see it threw me off my balance a^Ilttle.'

Wheii Are yon tomf I live in California—in Tshama County flit Fm taking a band of cattle through, that I bought in Utah. They're ovesta Fox Valley now:I'm keeping them there to pick up a little before going on. The feed's short a little way ahead, they say.'

What Is your name Rufus GArner.'

"'When did yon say he robbed yon?' 'Two weeks «go this afterjaeon, your honor.'

Are you certain about the time "'I know it. 'Twas the day after the big blow that was on Sunday, two 'weeks ago yesterday.'

With a reprimand, I dismissed him.

would like to bavo him arrested, Judge,' said Garner. 'I'll stay with him this time.'

I told him that Kingman was then under arrest and on trial for another matter, and that he would have plenty of time to get out a warrant before the case would bo disposed of. He then stepped outside of the rail again, and began working his way through the crowd toward the door. He was the same man who had consulted Manley about the taxing of his cattle. Every one seemed spell-bound, and it was not until I said, 'Proceed with the case, Mr. Shepard,' that anyone seemed inclined to break the silence by a motion then Shepard pricked up his subpoena, and hurriedly writing a name in it, handed it to the sheriff, saying, 'Serve that man be quick 1' As soon as the examination of the witness then upon the stand was completed, Rufus Garner was called. Then Shepiard got up and said: 'If the court please, before examining this witness I wish to make a brief statement. Until within the last five minutes, I never heard the name of Rufus Garn- I had never seen him, nor did I know that such a person was in existence. As to what his testimony will be I am as ignorant as any man can be who has heard what he has just said. The defendant is accused of grand larceny as well as robbery, it seems. We are trying the robbery case at present, however, and I feel it my duty to prove my client not guilty of this at all hazards, even though to do so I may be compelled to introduce testimony tending to show him guilty of the other.' "Garner took the stand, and, after answering several general questions, he was asked if he had ever seen the prisoner before, and if so, to state the time, place, and all the circumstances particularly. Then he said: 'Two weeks ago last night, I discharged Joseph Rundell and William Smithson, two Mormon boys I had hired in Utah to help drive cattle, and the next afternoon I paid them off and they left. 1 had a roll of greenbacks—about $1,400—and as I did not like to pack so mueh about with me while we were camped, I put it in an old oyster-can and buried it in the ground, right under the place where I spread my olankets and slept, inside the tent. That Monday afternoon, before the Mormon boys got ready to go, a stranger rode into my camp on a roan horse. He said that he had been fishing for a few days over on a little creek, a couple of miles away. I asked him to come to the'greund and loosen his cinch, for the sun was hot, and he did. We sat down inside the tent and had talked a little while, when one of tho men came and asked me to give him a buckskin string to fix his saddle with. I left the stranger in the tent, and got the string ana fixed tho saddle. When I came back he had gonq to sleep on some blankets. I did not wake him but pretty soon the Mormon boys said they were ready to go, and I could not settle with them without digging up the oystor-can under my bed. I did not like to wake up the stranger, and still I did not like to dig for the money while he was there, for he might wake up and find me at it but, finally, I thought I would take tho chances, so I took up tho money as quietlv as possible, and, after taking what "I needed, buried it again.' All this time tho stranger did not stir, and I thought he was asleep. I wont out and settled with tho Mormon boys and they went away. Then I went back to the tent. The stranger appeared to be still asleep, but opened his eyes as I came in. Then he sat up, and I lopped down on my bed, and we took a smoke. I thought my bed did not feel exactly right, but 1 reckoned I had not taken much pains in fixing it in my hurry to get through burying the money. Still, I did not feel exactly easy, and concluded that I would take a look at things the first chance I got. By and by the stranger get up ana went out then I looked for the money. The can was there, but the money was not. It made me pretty hot, but I eonoluded not to say anything until one of my men came up, unless the stranger should undertake to go away, for he was armed but I put some fresh caps on my double-barreled shot-gun without his noticing it,and laid it away where it would be naudy. In about half an hour, one of my herders rodenp on one of my horses—a clayblank—just as the stranger was fixing his saddle, getting ready to go. Ashe put his knee against his horse's ribs and was pulling up on the cinch, I picked up the shot-gun. cocked it, brought it to my face and walked toward him. His back was turned at tho time, and he did not look round until I was within ten paces of hiin then I told him to hold up his hands or I would kill him. He did not like to, but I had the drop, and he did it. Then I told the herder to go up and take his arms away, while I kept him covered. He did so, and we bound him with a lariat. I round my money on him, just as he had taken it from the can. We put him in the tent and fixed bim so that we thought he could not get away. I did not know what to }o with him it was fifty miles to town, and I did not want to spend the time to bring him in. I felt pretty well, too, about getting my money back, and, under the circumstances, I was half-inclined to let bim go bnt I thought I would keep him awhile iust for luck. About dark. I unsaddled tho stranger's horse and took him down to the oorral. The herder was with roe he ha\ left his horse bitched to a bush close to the tent, and, just as we were going to start back, the herder veiled out, "He's gone!" and, just as looked np, the stranger swung himself into the saddle, snd away he went on my clay-bank. My gnn was standing up sgminst the fence, about twenty feet off. I jumped and got it, and sent a charge of snot after him bnt he was too far oft I reckon, to have the shot bait him, and he disappeared smong the bushes the next mftrute. We had not any horse saddled at the time, and before I could hare mounted he would have had a long start the oooniry was bad one to follow In. and it win mighty near dark: so. as I had got my moiM«r beck, and he bad left his blank«s and pistol, and a bolter horse, saddle, and bridle than ha took, I concluded to la* him go. In fact, I was rather glsd to get rid of him so. The man that I have been telling about is that man sitting there,'said Garner, pointing to Kingman. In hl« further examination he described the roan horse left by the man who robbed him, even to the brand, as

No *let it go to the jury with the judge's charge,' said Shepard, and it was so agreed. Manley looked cross, disappointed, and puzzled, and Shepard did not seem to know whether to feel pleased or noc his client was pretty thoroughly proven not guilty of tho crime for which he was then on trialhe could not have been at Garner's camp just before dark, and the same evening at the place where the stsge was robbed, for they were sixty miles apart—but the same testimony which proved it established the fact of his having stolen $1,400, a horse, saddle, and bridle from Garner. Kingman seemed a little depressed, I thought. My charge to the jury was brief no one had a doubt as to what the verdict would be, and in a tew moments it was rendered —4Not guilty.'

I made an order discharging the prisoner, and he was at once arrested sgain upon a charge of grand larceny. "'That's a d——d strangeoutoomo,' said Manley, as he, Shepard, and I walked down the steps of the oourt-house together, 'but we've got him on the grand larceny charge, Sid?' 'It looks like it,' replied Shepard, and we parted.

Kingman waived an exhminatioB the following morning when taken before the justice. My grand jury had not been discharged, but on the Saturday previous they bad voted not to meet for a week, as at the time there seemed to be no probability that there would be anything to come before them sooner so the only thing to do was to wait until the next Saturday, and present Kingman's case then.

Garner called to see Manley the next morning, and told bim that it would be impossible for him to remain in town until Saturday without going back to his camp tbat he had only come in for some things, expecting to go back the next morning that ho had only left one man with his cattle, they were inclined to stray, and that one man alono could not keep them together. So he proposed that both he and his herder should be served with subcenas to appear before the grand jury on Saturday tbat he should hiro another man to go back to camp with him and assist in taking care of tho cattle until thfe Kingman case should be over, and that he and his herder should return to town on Friday. Manley could not find it in his heart to object to this, for Garner had paid him a fee for-sdvice only the day before, and it's astonishing how mucn confidence we have in a man who pays us a foo. It really did seem rough to detain a man as a witness for the State, without giving him an opportunity to prepare lor it, when his property was liable to stray and become lost. There was not any doubt but that ho would b"C on hand Garner was such an honest, squaro-ap-pearing fellow, so thoroughly down on criminals—the law was not near severe enough to suit him. If there was any one thing that ho believed In more than another, it was banging, and if there was anything abovo all else that be did not believe in, it was tbe Board of Pardons.

So Manley consented to their going. Garner hired a fellow by the name of Andy Short to go out with bim and help to take care of tbe cattle in Fox Valley until the trial of Kingman should be over and on Tuesday afternoon, Garner, bis herder, and Andy started.

Friday came. That evening, about eight o'olook, I met Manley on tbe street. Ho seemed a little anxious about something, and walked over to my chambers with"me. When we got there be said,

4Tbat

man Garner has not oome back yet it is not very strange, perhaps, but it is annoying. He was to have been here by noon- to-day. Can it bo that be basplayed us?' I could not think it strange tbat he had not returned, and said so. Some of his cattle might have straved: he might havo concluded to get them all together and count tbem before leaving »ny one of a dozen things might have detained him. "We agreed that there was nothing suspicious in bis appearance or in his testimony but, on the contrary, be had impressed everybody favorably. Then again, there certainly was a band of cattle tn the upper end of Fox Valley, for a prospector had told Morton that he ssw a band there not more than ten days before that one of the herders told bim tbat they were going to be driven to California as soon as they picked up a little, and tbat they belonged to a man by the name of Gardner, or something of that kind—be was not certain about the name.

441drew

a cork, and by bed-time both

Manley and I bad full confidence in everybody, and particularly in Garner and ourselves.

The grand jury met tho next morn Ing, but as no witnesses were present in the Kingman case, tbey took a reeess until afternoon.. Noon came, but neither Garner nor his herder. Several of us were sitting upon the hotel porch, and just as Morton remarked that it began to look ss If Kingman had put op a job on us,some one noticed a dost out on the Fox Valley road, about a mile away. Something was certainly coming from Mm right direction, and ws all ooneIwdMd thai it -wast ha Garner and his herder, bat we could not distiiwuish anyone through the dust. Swwrlytbe dost came on, and finally a of wind bore It way tfv moment, and a aasn--jm, two no, only ooe-~one hoaeback, oouJd be distinguished, wrilnJ* fo* moments more Andy Bnoft rode TO.

What does this aM*n, Andyf said Mortsn, going np to Nm. is Garner and the border? It means, said Andy, 'that Kingman has played as an for a lot of softies, and has got away with it. That fellow's name was not Garner, and the other wasn't no herder. Thev are bilks, oome here to swear Kisgmsn clear, and done it they cr««s-

well as the saddle and bridle, so that'od the State line night afore last. Yeu

fellows are all d—«—d smart, my mondf on Kingman

took plfse on Monday afternoon, just Hadn't somebody better treat two weeks b«fore be knew it hseansn dry as a

desefc'r

It was tho nexl day aQa* the big wtn*-" storm, ^e &kd bad almost a hmtieanO on that day. He bad a little memoran-dum-book, too, in which he had noted the settlement with the two Mormon boys, snd bad briefly mentioned thelatart until after dinner. The next mornstealing of the greenbaeks and the es- irig they left the trail to take a shert out cape or the thief on that Monday. He also picked out, from imong a lot of othere. the horse Which Kingman was riding when Morton arrested him, and said it was the one on which KingmariYftUne to a little creek just atxrat sunescaped from bis camp, and he identified the saddle and bridle, too. Hia herder, be said, bad come into town with hiin to get some things, and was somewhere about there. Shepard had a subcena issued for the herder, and the aherifl found him down at one of the stables. When put upon the stand he corroborated Garner's testimony in every material particular. When asked to look about the court-room and see If heoould find the man that he and Garner arrested, he did so, and as soon as bis eye fell upon Kingman, be pointed him out as tho fellow. He was confident that they arrested him on Monday, the same day that the Mormon boys left, two weeks before, and he identified'the horse, saddle, and bridle with which Kingman had escaped. "When this witness left the stand, Shepard said, 'We rest.' "'Sodoes the prosecution,' said Manley 'do you want to argue it?'

Ithla.

And, snrtejopngK wet. dy's story was about this The ff^Pfffeht out they stopped at First Watec, The next morning Andy's horse was missing: they found him about noon, bnt did not

to earn p. The country was rough and broken, and about three o'clock that afternoon Garner swore that he was lost. Andy did not know the country. They

down, and then Garner said that be roc-» ognized things, but that as the cattlecamp was about fifteen miles down'the: stream, they would camp where they,! wore for tbe night. The next morning, after they had saddled up, Garner said: 'Andy, do you see that little black butte just at the end of that ridge?' Andy said he did. 'Well,' said Garnor, 'that is on the State line* When you get on tbe other side of that you'll be in Nevada again as it is yon are over the line. Now, don't buck and charge any about what I'm going to tell you: it aint any use, for I soaked your pistol in the horse-trough more than an hour the first night out, while you wore asleep,! and it won't go off. In tho first.place my name aint Garner. You'll find Garner in his camp about fifteen miles down this cteek, and if bo's lost any greenbacks, he'd better go down to town and take a swear before tbe grand jury. My partner and me went down to help Kingman out of trouble. We're friendly. you bet, and I didn't like to bavo Wright give him away. Give our love to tbe judge, tbe district attorney, aud tbe sheriff they are pretty good fellows I reckon. We're sorry to leave them, bat the best of friends must part. It won't be of any use to bunt for us we'll be bard to find and hard to take besides, Nevada papers aint good this sido of tbat butte. Now slide, before my gun goes off 1"—and Andy did slide.

Well, Kingman had escaped oonviction of a crime which he aid commit, by his friends swearing him guilty of one which he did not. Where that rascal, who called himself Garner, and his bogus herder came from I do not know. "We had to turn Kingman loose, of oourse, for we could not try him the seoond timo for robbing tbe stage, and in about a week or ten days he left. Then S«d Shepherd told me that, before Kingmen went away, he came to his office and gave him the money to take up the |500 mortgage by which Mrs. Callen had raised the money for his fee, and tbat ho paid it off. Tbat Kingman offered to pay her the 91 •'000 he borrowed of her to open tbe mine with, and she told bim tbat sho could not acoept it unless ho gavo her his word that it was not apart of that taken from the express. Kingman oould not answer, ana after a moment she said to him: 'Mr. Kingman, I 'am afraid that you have committed a great wrong in order to pay me this money. I would rather have lost it. If this belongs to others, pay it to them mine must be honest money. Tnko what time you need to pay me in I believo In you yet.' Then she went homo.

The next day Kingman loft town. Ho returned in about a year, and after being here a week he asked mo one morning to go over to the widow's house that afternoon and marry them. I did it, and they started for the East that evening. As tbey were about leaving, Lambert tbe express agent, stepped up, shook hands with them heartilv, nnd wished tbem joy. After they fiad gone, bo turned to those near, and said: 'Gentlemen, Mat Kingman don't owo tho ex~

KJngman

ress company a dollar—it's all right.' had made a strike, and had' settled everything. 441saw him in New York last summer. Ho was there on businoss, he told me, and was living in Kentuok— has a big ranch there. Kingman was not more than half a bad man, and I am glad he got clear.

Yes, I don't core if I do story-tell-ing is dry work. How thoughtful of you, Manley, to set this out! No, I thank you—water spoils it. Hero's hoping."

Ladies at Home

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Traveling Hen

Engaged In any business can moke their traveling expenses, by putting in an occasional word for The Saturday Evening Mall, where they may stop.

M. P. ARMSTRONG, M. D. PHYSICIAN AID MVJRdEOM, Takes this method ol Informing the publlo that he has moved to Indianapolis, and established a Private Hospital for tbe Treatment of Diseases of Women, at the southwest corner of Pennsylvania and Tinker streets. The building and grounds are largo and pleasant. Ladles can navo good rooms, board and medical atttenrlon in thesame building. An experienced female nurso will ba In attendance at all times. Having bad an extensive experience in the treatment of chronic diseases for ilfteen years, two of which were spent In female hospitals In Europe, he feels confident In rendering entire satisfaction to all who may favor him with their patronose.

Office In the same building, where he will be pleased to see all the suffering ladles of the city and other l»calltle«, who desire treatment, between 9 a. m. and 4Ip. m,

Pennsylvania street cars pass the door. UKFEitRitcEs: Prof. Wm. Mussey, M. P., Cin.O. J. O. McPheter*, M. I)., and J.D. Maxwell, M. Dy Bloomlngton, Ind. Hon. 8, II. Bnskirk. Jndge Hupreme Court, city Rev. Wm. K. Black, city Ezra ad, M. I)., and Hon.Thos Dowllng, Terre Haute, Ind.. and A lex. Mann, Paris, 111.

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