CHAPTER XVIII.

Prison experience, continued.—An epitome of my life, case and trouble to
‘*the Governor and the people.” —The only argument and summing up
of my case that was ever made.—The frank but fruitless wail for justice
and humanity by a victim shanghaied, ravaged, and languishing in
prison.—‘‘ Let thy keen glance his life search through, and bring his
actions in review, for actions speak the man,””—‘‘ While love and peace
and social joy were there. Oh, peace! oh, social joy! Oh, heaven-
born love! Were these your haunts where murderous demons rove ?
Distinction neat and nice, which lie between the poison’d chalice and
the stab unseen.”

‘‘Srarco Prison, WASHINGTON TERRITORY, April 20th, 1882.
To his Excellency, Governor [Links], and to my countrymen at large
—especially in my own section :—

As to ‘‘my case not being fully or formally made out or pre-
sented’ at this stage, please consider that neither I nor my friends
are lawyers, but that we have feelings, and thought we had sense
and character enough to make so simple a case as mine manifest to
any one disposed to ‘‘embrace the truth wherever found.” And
that this is all that would be necessary at this stage. And now my duress
has been so prolonged, that I am destitute of means necessary to employ
experts to make out a formal case and plea—as at a contested, technical
trial. From comfortable circumstances—a competency—I have been re-
duced to want and distress—sore and cruel. But your Excellency, in a
homely, awkward way, we thought it had been shown and is maintained by
evidence given before, and by and witl, other facts proclaimed and wn-
questioned :

First.—That I was always truthfully, peacefully, charitably and
frankly disposed, to a fault, and temperate in all things; that I never
struck a child, harmed a kitten, killed a dog, or stoned a bird ; or op-
pressed anyone because he was unfortunate, in trouble, ignorant or poor;
nor envied any one his own. And would ever stand for a fundamental
truth—though I stood alone and then fell. Nor yet afraid to confess my
many errors, wrongs, or sins to men.

But that these traits are more of an endowment than any fault of
mine, and if their fruits be considered as evil, I pray that they be no
longer charged against me.

Second.—That without molesting anyone, «and by honorable toil, I
made on the outer border of settlement a spacious and a happy home of
high prospective value, and was possessed of plenty to the envy of others.

That I possessed all of the moval, legal, technical and customary titles
and rights to be had, to each and every portion of the same.

(336)

trouble to
summing up
1 for justice
guishing in
d bring his
ye and peace
Oh, heaven-
mons rove ?

chalice and

0th, 1882.
en at large

out or pre-
- my friends
e had sense
, manifest to
yund.” And
w my duress
ry to employ
ed, technical
ave been re-
hellency, in a
paintained by
med and wn-

aritably and
that I never
bird ; or op-
ant or poor;
fundamental
b confess my

any fault of
they be no

rable toil, I
py home of
ry of others.
omary titles

OnLy ARGUMENT OF MY CASE EVER MADE. 337

That it was by hardships, privations, and good conduct—taking in the
flower of my life—that I won these, and that I had every right to inhabit,
cultivate and enjoy these, my own, and to defend my life while perform-
ing such homage.

Third.—That a transient few there were who determined to possess
my property, and these—forming a clique—waged on me and have caused,
with their friends or supporters, all the trouble and loss I have suffered,
and while I was pursuing the even course set forth. Yet, they mostly were
friendly to my face when we met, had received favors at my hands,
and cannot maintain that I ever wronged any one of them.

Fourth.—That one of these would contest the possession of a part of
my home with his rifle, and without having any legal, moral, or customary
right thereto whatsoever—had not even instituted or filed any contest, and
I had it enclosed with over ten thousand rails.

That he declared he would cultivate and hold this—my field and
plowing—and that if I ‘‘ attempted to do so he would kill me.” That he
swaggered to me and to various others, from the outset to the fight—as
sworn to by men and women (the latter strangers tome). That he ‘had
more backbone than me, did not believe that I was on the shoot, but if I
was it was just his hand ;”’ that he ‘‘ would, by the nape of the neck, piteh
me out of the field, and if not man enough without, would fix me so he
could.” 'That ‘‘one or the other of us would die there.” That he ‘‘ would
or I must go or come into the field a shooting,” etc., etc., etc., and pro-
claimed Macbeth’s judgment, ‘‘Damned be he who first cries hold,
enough!”

Yet, your Excellency, he had good traits withal; we frequently had
friendly chats, and he sometimes sat at my table. And I don’t believe he
would have tortured me so—during all these troublous, hapless, endless
years of agony and despair, and while I was crying enough! enough !
enough! He would at least meet me in an open field, give me a warning
and a partial show, andend my misery. Will not your Excellency do as
much? Do not dissect me so with the executive function of mercy, while
yet alive and in my mind—just because I am ignorant, awkward, in trouble
and poor ; give me some kind of a trial, and show wherein I can defend my-
self against the inconsiderate and most unusual verdict against me.

Fifth.—That neighbors warned me to be aware, or Mr. Jumper would
carry out his many threats against my life, and urged me to accept the
loan of a little pistol to carry for my defence when I went to the woods,
where I was likely to meet him, and in my field. I did so and kept on in
my usual course. That the neighbor, who loaned me his pistol, was inti-
mate with Mr. Jumper, knew his intention to kill me, and was therefore
afraid for his horses even, to be in this field, least they should be shot by ac-
cident when I should go into it. All of which he and others swore to.
Reference: his Honor or clerk of my District court, and the witnesses them-
selves,

22

sc pana nna ie

PPE Tre aon tone pate sehen
~ re Peet AG

338 An Eprrome or Fiery Srrvuaaces.

Sixth.—That but two men could be found during a period of over
nine (9) months, who would swear that I had ever threatened Mr. Jumper
with violence, and one of these had enmity against me, because I had re-
fused him a favor—as not believing him honest—and, moreover, the inc-
dent referred to was long anterior to the fight. The other swore, I said
‘such men ought to be hung.” The former was false, the latter true,
(The former is the only neighbor, I believe, within two or three miles not
on my petition— if he can be considered a neighbor.) [On my return I
said to an old neighbor, ‘‘don’t half the people consider him a perjured
scoundrel ?” ‘*T guess all of them do,” said he. |

Seventh. —That finally I applied to a peace officer and preacher of the
word, to bind the gentleman over to keep the peace, so he would not mur-
der me, and got in reply, that ‘‘he was indeed a vicious and dangerous
man, but that it was simply envy—on account of my prosperity—that
caused these plundering raids, and that all things considered, his advice
to me, was fo be prepared to defend myself, and go on about my business, to
sow and cultivate this field.” I simply did so, as usual in my even course.
—Reference, his Honor.

Eighth.—That the following day—in company with two other men
(who were mutual friends as to Jumper and me—and who were not armed)
while peacefully at work, sowing wheat on horseback, in my usual way, on
said portion of my home: That the gentleman, as aforesaid, having averred
he would kill me at such time, place aud circumstance, seeing us from a
distance, proceeded at once direct for his spencer carbine, saying (at least),
‘*there is going to be trouble,” [and that ‘‘he would kill me,”] came direct
into my field, with his gun cocked, and presently came to me and made a
swaggering, fierce, frightful attack, ‘‘placed his cocked gun to his
shoulder,” his finger on the trigger; said, ‘‘ J will kill you,” ‘‘ fired the first
shot,” ‘‘ killed a horse close by my side,” under a man, who, ‘ reaching back
struck the muzzle down the instant it fired.” That my pistol shots quickly
followed this of the carbine,” and were all fired in rapid succession.” That
these points and words as given of ¢he attack and fight and position, were,
and are always agreed by, and were sworn to by all present at the shooting
who were sworn—three men—except that the man by me was so dazed,
that he did not see or hear my latter shots, And the rapidity of all the
shots was also declared and sworn to by others who were at a distance.
Reference, his Honor or clerk, District'court and witnesses themselves.

Ninth.—That when my companion ‘struck down the gun with his
hand, he clung to it, was struck on or against his head with the butt,
dazed, jerked off his sinking horse, and a frantic struggle followed for
control of the gun.”

That ‘‘ neither said companion nor any other man had a hand or a fin-
ger on to Jumper at any time,” but ‘‘ only hung on or clung to the gun.”

That said companion at one time “‘ during the struggle, was flat down,”
and one hand was torn quite to the bone. These points and language

Ss

$$

riod of over
Mr. Jumper
use IT had re-
ver, the inci-
wore, I said
> latter true,
ee miles not
my return I
n &@ perjured

acher of the
uld not mur-
d dangerous
perity—that
l, his advice
/ business, to
even course.

» other men
> not armed)
sual way, on
ving averred
y us from a
1g (at least),
came direct
and made a
oun to his
red the first
aching back
10ts guichly
ton.”” That
sition, were,
he shooting
3 so dazed,
y of all the
a distance.
selves,

in with his
h the butt,
lowed for

nd or a fin-
he gun.”

flat down,”
1 language

Onty ARGUMENT OF MY Cask rvpr Mapr.

Tenth.—That during the struggle for contr
(Jumper and said hear comry

disputed whether Jumpe

lieve that anybody really knows, beyond a doubt,
the confusion and excitement of men an

ent agreed that my companion was down ;

ered with dirt and bruised, and w
over the ground—

as a friend,” when

t disputed—exce
but I submit that the other Points prove, that Jum

d what! I ask in rea

An
done had he legg than four pistol balls into him? Was h

time to one it is meant for ?

Was I not, therefore, naturally and reasonably in
during any of such time ?

fear of my life
Eleventh,—T

wild ” with fear,

sake help us,”

hat even after I wag done

shooting, I wag “ perfectly
and cried out to Witness («

the friend ”) to “yop God’s

And in reason I sub

mit, if such an at
4 cast-iron man ? If no

ftack would not frighten almost
t, what world 2

That this proves that I was st,
shoot as Often or

of excellent repute,

» and the ground, and the fight,
That, “were he in

And by one of
ice of the peace—and which was
sworn to by others ag well, that ‘he (I) s him forty times
instead of four,”

Twelfth.—That, after the fi

ght, this—now Officer of peace and justice
—declared to me and to others,

that this carbine shot “was aimed at France’s

339

ees

said. Same refer-

ol of the gun and life they
st all Positions ; that it is.
*, and IT don’t be-
, Certain, on account of

Y, but all pres-
it, and he wag Coy-

"bine, and Wwas—after a,
all violence
our separate Ways,

pt as to the one as aforesaid—

Tous to the end oP the
struggle,

—would he evidently have

ssh eidhinls Seng Nessa sheetnice soe

340 AN Eptrome oF Fiery Srruaaies.

(my) heart, and his striking down the gun saved his (my) life ’—which is
true.

That (Mr. Jumper not appearing much hurt) he (L..) and I swore out
a warrant for his arrest (and two men—not us—were empowered to make it,
and in which he swore that said shot was aimed at me, and he so declared
at various times, to various persons, fcr some nine months thereafter, as did
the other witness also, as proven by documents heretofore submitted as to
each and the same, and which is, moreover, evident by all the physical,
inherent and circumstantial proof bearing on the same, and which I think I
can say was not disputed, and was certainly never refuted,

Thirteenth.—That when death, however, had resulted, I proceeded to
the justice and requested an examination, expecting, of course, an honor-
able acquittal. But the before noted clique came to a living man—this
being their opportunity—sent for a shark lawyer to work in the tricks of
the trade, made him also clerk of the court, delayed proceedings (without
notice to me) till running it past the middle of the night, and swore, or
courted ‘‘ evidence ” (?) of things so physically impossible and morally im-
probable and untrue—on account of distance and the physiology of man
—and conflicting withal, and which measurement and a little reasoning
would pick to pieces, break in flinders, and make plain to even a child;
that, therefore, on account of the [masonic] indignity of the honorable
court, I was not sworn at all, nor was anyone who was present at the
shooting, or nearer than—uccording to their own guess—from 70 to 140
yards, and which distance I will further on refer to more fully.

That Jumper was not sworn, with plenty of opportunity, time and
vigilance, and that the others who were really the only living persons who
were present at the shooting and could know the fight, were—with one of

their own who wanted to tell the truth—unjustly and perniciously cast off

[not allowed to testify].

And this is the mould, by which they would cast public opinion, and
from it they did cast me into prison thirty miles away, avd reports that I
had ‘‘murdered” the gentleman. And then, moreover, cast my indict-
ment from this mould alone. [No ONE WHO WAS AT THN SHOOTING WAS
ALLOWED TO TESTIFY BEFORR THE GRAND JuRY.] Reference, his Honor of
the justice court and others.

On account of my ignorance of men, and my duress—thus caused—I
failed to get this court on the stund at my “trial” (?), but as it presently
petitioned for executive clemency, I will presume it thought ‘his would do
as well, which sadly displays a lack of knowledge asto the effect of prayer
on the human [ixhuman] heart.

Fourteenth.—That a sample of the material or stuff, composing this
mould—from which were cast the forms of commitment, indictment and
verdict—by which to oppress and rob me in the name of the people, law
and of justice, is found of these distance witnesses, wherein is named—as
numbered—the little bullets, as belonging to my respective discharges, as by

—

which is

wore out
make it,
declared
r, as did
ted as to
physical,

I think I

ceeded to
an honor-
man—this
y tricks of
s (without
swore, or
orally im-
gy of man
| Peasontneg
n a child;
honorable
gent at the
70 to 140

, time and
bersons who
ith one of
isly cast off

inion, and
horts that I
my indict-
OTING WAS
Honor of

; caused—lL
presently
; would do
t of prayer

hosing this
tment and
heople, law
named—as
nges, as by

Onty ARGUMENT OF my UCASE EVER Mapr, 841

numbers from one (1) to four, each to each respectively ! with men or horses
intervening, and the shots fired in rapid succession in a furious fight, and
when, moreover, two of us «ho were present did not know they hit at all !

And again, in swearing to words, as urging me to greater action, when
by location and time—marked by themselves—the distinction of words was
beyond the reach of human hearing, as far and certain as to see the little
bullets hit was of human vision, And as though there was any time or
impulse for talk in the dash of the frightful life and death conflict.

And thus can all that was sworn against me be refuted—even by its
own—1f considered with a passive mind, and be governed with veason, and
the same standard accorded others in similar cases,

When thus shanghaied, I foolishly declared that I “would not care a
stiver for a ton of such stuff.” ButI thought that reason and justice would
next prevail if I employed experts to defend me, [but, fatal to me, they
were secret bretliven themselves].

Fifteenth.—That his Honor of the Dist. “ct court being presently made
known of the fraudulent manner in which I was held in duress, kindly
sent me word that he ‘“‘wouldissue a writ and give me an examination—
(which by law and usage I was entitled to) either at Dayton or Walla
Walla, as I chose.” But never having been in court troubles before, I
meanwhile, hastily and ignorantly, was persuaded to trust, what proved to
be my all to others [shysters], and, therefore, I did not get any examina-
tion, bearing, or trial, for over nine (9) months. And then I did not in
the usual sense and meaning of those words, and thus have I not, at any
time during my trov lc, had a fair show, or deal, or hearing, or justice, in
any court or by the public. And which I swear to be true, and will
further point it out, so that ay one who may read this showing may know
it also. But that, however, the chief points which I have given, besides
others I will give, have been established beyond reasonable dispute, as be-
fore shown, and none of them could, or can ever be refuted when the phy-
sical and inherent evidence and undisputed circumstances bearing on the
same are duly considered withal, and in but a few of these points it can
readily be seen evident, that there could not and can not be any real vase at all
against me,

That the only plausible theory set forth, and point formally made for
my conviction at my “trial” (?) is by a preponderance of personal evi-
dence alon». in diverting the aim of the murderous carbine from ‘my
hea to fe of another, with whom Mr. Jumper was on friendly

, with whom he had no quarrel, against whom he had made never a

eat, and to» ‘om he had but recently presented a token of regard, and

ho wos unarmed. On which account he was with me there, he thinking

ie cov | therefore persuade Jumper from his declared intent to kill me on
this ) wticular occasion, and they did respectively try to do so.

But with my proven si @ of fear of danger, alone. How! by what
law ! or precedent ! or standard ! can such point be held against me ?

sith itn ina tet i aenatan aica te

a

BONEN erg va

eR eA ing go eters senna i her eae

ee

342 An Epvrrome or Frery StruGcctes.

Who is to be the Judge, as to such danger, when the EFFECT is established ?
Suppose the gun was not loaded (even the magazine was filled for
the purpose) or that it was a wooden gun, or that he was only shooting at
my hat, or my horse, or at ‘‘nothing” (?), hut a mutual, unarmed friend und
peacemaker / Or that he was only in sport to see me run !

That it does not—in even justice ani law—make any difference what
any one else might thirk-—or cluim to think—just so that I was impressed
with danger, And was there ever a being, castin human shape, who would
not be so impressed under +he force, and in the current of such an attack ?

That, moreover, if such point had been reasonably [and without cor-
ruption] established: That it isa narrow and uneven cause to work all the
oppression and torture and wreck that has been done. As to which I beg
to submit the judgment of a court in a State, where ‘ good is not so fre-
quently called evil, and evil good,” where sharks and cutthroats cannot
and do not ravage hard-earned homes and altars with impunity, in the
guise of justice, and cause their victims to beg for life, and in vain. Ac-
cording to the press, at Paterson, New Jersey, May Ist, 1880, William
Dalzell, his son being with him, shot and killed Joseph Van Houten, who
was one of a picnic party trespassing on Dalzell’s land. It did not appear
that the trespasser had any vicious intention, motive, or impulse, or that he
was armed. He was there only to have a good, social time, with his
intended wife, in a May party of his friends. But in going to the picnic
grounds they persisted in passing through Dalzeil’s field, who thereupon
shot Vun Houten dead.

Judge Dixon, in charging and laying down the case to the grand jury
—according to the press—said, in the following words: ‘If Dalzellfired
the gun simply in protection of his property against trespassers, he is guilty
of murder. But, if the trespassers assailed him and put his own or his
son’s life in danger, or caused in them fear of serious bodily injury, and
the shot was fired to prevent this, then it would be excusable homicide, the
act having been committed in self-defense.”

Dalzell was indicted for manslaughter and bailed out to attend to his
business, and prepare for trial. And here follows the outcome in the words
of the associated press :

. William Dalzell, the infuriated farmer of Paterson, New Jersey, who
shot and killed Joseph Van Houten last Mry, for (as one of a picnic party)
invading his farm, and who came near being lynched at the time by the
enraged companions of Van Houten, has just emerged from his trial with
a verdict of ‘not guilty.” He succeeded in getting a jury of Bergen
County farmers; as a chief point in the defenso was that a man has a right
to defend his property from trespassers, and on this point the farmers were
a unit in Dalzell’s favor.”

Now suppose Van Houten had made an attack on Dalzell with a cocked
carbine in both hands, and fired the first shot—after having declared he would kill
him on that very occasion; and that after nine months [dirty] work by the

— -—_———

's established ?
as filled for
y shooting at
ed friend und

ference what
vas impressed
e, who would
ch an attack ?

without cor-
o work all the
o which I beg
is not so fre-
hroats cannot
punity, in the
in vain, <Ac-
1880, William
1 Houten, who
lid not appear
ilse, or that he
‘ime, with his
xy to the picnic
vho thereupon

he grand jury
tf Dalzell fired
vs, he is guilty
is own or his
ly injury, and

homicide, the

p attend to his
he in the words

v Jersey, who
picnic party)
e time by the

his trial with
ry of Bergen
an has a right
» farmers were

with a cocked
dhewould hill
work by the

OnLY ARGUMENT OF MY CASE EVER Mani. 843

tricks of a [secret] clique of sharks, it was made to appear that Van Houten
was ‘‘only” trying to murder Dalzell’s son. What do these sharks take
the yeomanry and homebuilders of this country for anyway ? It will thus
be seen, that according to ‘‘ Jersey Justice,’’ were I having a fair deal and
almost give the prosecution all they ever claimed as a whole—with the
stuff sworn and yented—I would not have been held at all, or the first
nail driven in my coffin.

And I would respectfully submit, whether any man has succeeded i.
making and holding a home-——worth envying—in this country, if it was noi
believed he would fight to defend it. And if it will be possible to do so,
if the sharks are supported and backed by the power of Government,
not disputing the ‘‘infallibility of the couris,” but as a matter of experience
and fact in the history of the settling and habitation of this country, Will men
work the best part of their lives in making and earning homes, if they can
jump or wreck those already done with safety and security and even
veneration ?

As to which I would xefer to the reports of the shotgun, rifle, pistol
and strife throughout this country.

That, had such ‘‘Jersey Justice” been proclaimed by Executive and
courts, my trouble and also that of several others in my section—since
been made—would not likely have occurred. Or had I been known as a
vicious, reckless man, or as having such in my employ, as many do, I
would not now be pleading for my life at your Excellency’s feet.

That Mr. Jumper had just previously undertaken to jump another
man’s claim, but being at the outset met in kind, he found it to be a
stump he was jumping against, without shooting into it, so there was not
much trouble there.

That there was a man living with Jumper previous to and at the time
of our fight; that he therefore reasonably knew more of his intention,
manner and motive, than any other man. That he also closely followed
Jumper into the field and witnessed the fight as closely anyway as the prin-
cipal prosecuting witness. That they subpcenaed this witness and placed
him on the stand at the so-called preliminary examination; that he wa:
disposed to tell the truth as far as he knew; swore, he ‘did not know the
number of pistol or carbine shots, as they were fired so near together and
rapidly, that it was u fierce, hot, mixed-up fight,” ete. (I should say so,
with bounding horses, men and fire,) ‘but, that there were more pistol than
carbine shots,” and that, on account of the distance, he could not recog-
nize us as the men engaged, though dressed the same as at the fight.
That their lawyer and clerk-of-the-court then quickly and abruptly dropp-
ed this companion and eye witness—blurting out that ‘another such wit-
ness will throw us out of court.” (?) 4

Whereupon the sheriff and others said to me that ‘he would be my best
witness,” Certainly, he reasonably knew as much as either of the other
two ‘distance’ witnesses, Certainly, he would hold them level in their

344 AN Eprrome or Fiery STRUGGLES.

-

Suture swearing; and it made him mad (saying, ‘how, the hell, covzp
IT tell in such confusion and at such a distance,”) when they insinuated
that he ought to swear something, that would appear damaging to me, not-
withstanding the distance and nature of the fight, and it being so plain in
my favor on its face and back and bottom, and which he did know.

That, moreover, they also dropped him out, when binding their other
witnesses to appear at the District Court. And that, I being left in duress,
remember, thus compelling me to trust to others, I therefore utterly failed
in securing him, and he disappeared before my trial (?).

If I was getting a square deal (which, however, no one to my knowl-
edge has had the hardihood to seriously declare), then why, oh why! was
not such a witness secured, placed on the stand before both the Grand and
Petit Juries, and told to tell, in his own way, all that he p1p know about
the tragedy, and everything appertaining thereto, BEFORE AND AFTER, and
then LET HIM TELL Ir? And then sift the wheat from the chaff, if any
chaff there be.

That any man who will not consider such sample circumstances as
proof of a crooked deal and swindle, to be repudiated, should not com-
plain if ever he be judged in kind.

That the most sacred property and abode known to man or animals is
that of home! That doubly sacred are these, when they be made, fashion-
ed and won by one’s own honorable and persistent toil! That the most
sacred law andimpulse, and truth—of instinct, of Ged and of man—is that of
defense of one’s life, while worshipping on such an altar! That no law of
God, or of man, or of honor-—decently meted out—requires one to run
from such an altar, or swerve while engaged in such homage.

Your Excellency! I propose to further notice, meet and embrace, in
refutation, the most extreme points, stuff and tattle, ever set up or insinu-
ated against me as crime—morally or technically—at any stage of the
trouble and as to every phase of the same, by considering them and it, as
bunched together and as separated; and then showing four germane and
fundamental points and principles, that they are established in my favor
and recorded, and can be again and again; and which must refute beyond
reasonable and fair dispute all such matter.

I think that most any one while engaged in earning and making a
home should derive sense enough even from horses, calves, children and
the Indians about him, to enable him to roughly portray a standard under
which he can perform his homage in safety from carbines, sharks and tlie
function of mercy. But I cen only do this in my own, simple, awkward,
frank, homely way, and in stinging duress!

First point or reason of the ‘‘ four.”

That I had a moral and technical right to be there and on the hapless
spot, which is my intention and purpose, my course in life—what was in
my heart and bones.

Second point and reason.

ae

th

-

], couLD
isinuated
yme, not-
» plain in
Uv,

eir other
n duress,

rly failed

1y knowl-
why! was
trand and
1ow about
FTER, and
ff, if any

stances as
not com-

animals is
e, fashion-
t the most
—is that of
t no law of
ne to run

Imbrace, in
or insinu-
hee of the
and it, as
ymane and
h my favor
ute beyond

making a
dren and
ard wnder
cs and the
awkward,

he hapless
hat was in

Onty ARGUMENT oO 3fyY CASE EVER MApE. 345

That I had a moral and technical right, cause and reason—in common
prudence—to be armed, and have my pistol grasped in my hand for action
immediately preceding my shooting; ‘his is my conduct, good or bad, wise
or otherwise, as to the fight.

Third point.

The motive and impulse causing action in the shooting.

Fourth point.

The state of feer, which is that of instinct, as I understand these
things.

Vighteenth.—That the pi:»-«pal prosecuting and officious witness was,
as before shown, too distant to reasonably or physically know much about
the fight, or ANYTHING as to disputed points or matter, or more at least,
than the witness whom they rejected, discarded and cast away; because they
were together at the outset, and neither approached to aid either of us (and
on account of the brevity of the shooting dash, and the perplexity of
motion and increased danger, such approach would not increase their op-
portunity of knowledge anyhow). And, moreover, as heretofore shown,
the ‘cast away” swore it to be impossible to define the fight, on account of
its fury and nature ‘‘at such a distance.” And, moreover, no one testified,
(or claimed that I know of) to seeing this principal, officious anu linked
witness during the fight. (The evidence of the ‘‘castaway” would, of course,
have been valuable to me on this point also, ) And the first time any of us three
saw anything of him—from a time before the fight—was, as we left the
field immediately after it, at a place half a mile from the fatal spot; and
then we met him coming from a different direction to us for to enquire as to
the fight! Of one of us, further on ahead, this sowrce of so much linked
misinformation inquired: ‘* Are you shot?” ‘*Is France shot?” Ete., ete.
And, moreover, the places he had been and the words besides which he
had spoken to others, (‘‘ that I was shot anyway,”’) and the long distance
he had travelled, and time—with other proof to be had—would show that
this witness run like a deer, on the first fire or before, and which showing of
itself would have shattered the so-called case (?) of the prosecution from
the outset—the commitment, indictment, and duress—had I belonged to a
shark gang, instead of being but a peaceable tiller of the soil.

In which case it was ‘‘not considered necessary or worth bothering
with ;” notwithstanding I had paid a thousand dollars to have such work
done, {all of which, had I not been traitorously held in duress, I could
have done myself with less labor and skill thanis required to plow twenty
acres of ground—a $30 job). And the ‘ castaway” swore that ‘‘he run
for some timber” to get away from the carbine, and his companion surely
and evidently run for shelter also. And, moreover, if I would—as I will
do in one place and another—show that this ‘‘ distance” witiess and the
other distance one—who together constituted my commitment, indictment
and duress, and the source of lying, penjured misinformation—would mur-
der me in ny field, would this even be any help to a ‘‘ haymaker,”’ or must

ia
i}
a

£

Kate Haile canal si

zi

ai
Ae

346 AN Eprrome oF Fiery SrruGaGiezs.

such practice and malicious slander emanating therefrom, be varnished
for all time with my blood ?

That I had just previous to the fight offended said officious and distance
witness by refusing him a favor—a matter of several hundred dollars to him
—anil that we were not on friendly terms anyway, but that yet he was where
he was (in the field) te get my answer as to said favor, and by my special
request. Now, was I such a lunatic as to place an enemy on the scene if I
had intended, or had any intention, to ‘‘ murder” his linked friend ? And,
moreover, to offend him just before I intended to do it? And, further-
more yet, to at the same time ask him to go with me close to his linked
Sriend, which would be to see me do it more plainly (which I will show that
Idid). Ifse, then why was I not caressed and sent to an asylum adapted
to idiots, instead of shanghaiing me to hades for torture or executive
charity ?

That when Mr, Jumper first appeared in my field and was approaching
one of my men who was at his work, that this witness exclaimed to me,
‘* There comes [Jumper] now with a gun!” that I answered, ‘Let us go out
and see what he is going to do with it!” that he answered me, saying, “J
don’t care a DAMN ! what he does with it!” and did not accompany me, all of
which he admitted on the stand to be true. Same reference as heretofore,
And that presently, after following me and one of my companions around
(as we sowed wheat) and failing to frighten, swagger and drive us out of
the field—from my homage—with his cocked carbine in both hands,
that the gentleman then guve it up and left us, to have a talk with said
linked witness at the place I had left him. And as to which talk or
conference, except that it was had, nothing transpired—unless it be in the
conduct that followed it, But had he been an unprejudiced and honest wit-
ness, would he not have tried to avert the attack of his friend? And had
he done this would it not have so transpired ? That then from this witness
Mr. Jumper, enraged and thirsting for my blood, proceeds to my other
companion (‘‘ his friend ”’) at work, asking him ‘‘as a friend” to ‘leave the
field, for there is going to be trouble!” thathe then struck direct to me
and my other companion, close together and peacefully at work on my
altar, and belching out a stream of furious, raging profanity, made his
final attack, jumping against a stump that had not swaggered and which he
had found would not quail, (he whole case in a single sentence). Which
frightful display, trom the outset to the fight, as well as the relative posi-
tions—especiaily that we two (Lay and I) were close together at work
when he mace the final attack, as we had been all the time since I had
gone to him at the onset, or first attack, was agreed and sworn to by all
present who were sworn—three men. Same reference as before, and wit-
nesses themselves.

That my companions were veteran soldiers and brave men, andaverred
that they had never witnessed a more frightful, hideous, wicked attack by
any man. Witnesses themselves and the evidence,

’

—

— ee

varnished

nd distance
lars to him
was where
my special
» scene if I
md? And,
d, further-
his linked
l show that
1m adapted
r executive

ipproaching
med to me,
et us go out
saying,
1y me, all of
; heretofore.
jons around
ve us out of
both hands,
ie with said
ich talk or
sg it be in the
honest wit-
? And had
2 this witness
o my other
o ‘leave the
lirect to me
work on my
7, made his
ad which he
xe). Which
elative posi-
her at work
since I had
rn to by all
re, and wit-

and averred
pd attack by

Onty ARGUMENT OF MY CASE EVER Mape. 847

Had I reason and cause and right to grasp my pistol ?

And withal, when in close succession, ‘‘ he put his cocked gun to his
shoulder ” (No, 1), ‘‘his finger on the trigger!’ (No. 2), and I stared in
the muzzle ! and ‘he said, I will kill you !”’ (No. 3), ‘‘and fired ” (No. 4),
“the gun being struck down the same instant it fired !’’ (Point 5).

Had I the right ? accorded to other men, éo return the fire? repel the
attack ? shoot into the frightful, fatal danger ? And with all the rapidity,
impulse, force, steam and power, which he himself thus transmitted and
Jired into me ?

That these five numbered points were always agreed and sworn to to
the letter, by all who were present at the shooting, who were sworn, three
men, unquestioned as to reputed veracity. Same reference, and witnesses
themselves.

What ? Oh! What ? am I and my friends—who know these sworn
facts—taken for? And am I being held in duress to justify and hide in
my grave the brutal crimes of criminals! or what? Wuy! am I thus
butchered ?

Nineteenth.—That there was but one other witness, besides the distance
and prejudiced, offended and absent one before noted, who was not
present at the shooting, who pretended to define the fight, or split hairs as
to the same. And this other one was Jumper’s partner, in the fullest
sense of the word, and swore to being outside of the field when the shoot-
ing commenced, and guessed at the distance to be ‘‘ about seventy yards ”’
at my ‘‘trial” (?) or ‘about half the distance of the other one.”

Now what minute part, in physical reason, could such witness define
in truth, within the succeeding few seconds of the shooting dash, as to the
same, and with the fire, sound, men, horses, smoke and fury in the way ?
How many little bullets or hairs could be seen, split, placed, and numbered
(as ‘from 1 to 4”) and exact positions of gun, men, and other things,
comprehended ? And words understood and all fixed in the mind in the
Jew seconds of such a shooting dash ? In such space of bewilderment of
any one’s brain, within range or reach of the fire and fury ?

Great Heavens ! what faculty of vision ? of hearing ? of comprehen-
sion? Oh! what mighty powerful minds ! possessed by these two ‘‘ dis-
tance’’ witnesses! to be engaged in such business too !

Even admitting the distance as no greater than rary guessed it, and
which, moreover, I do not do (one of them was running away), (But Tam
—as usual—working only on ground which I can readily hold, by any
standard of Jaw, of right, of reason, and precedent. And which is estab-
lished beyond reasonable and fair dispute, and I suppose recorded, And
wherein the witnesses themselves can be readily referred to.)

So, therefore, must not, in law, justice, truth, decent dealing and
humanity, the evidence of those who were present at the shooting, be THE
evidence, as to things physically impossible for others to know ? Just so far as
does not conflict with natural reason, inherent proof, or other circum-

srtinsinenity

Li
1
ho
|

348 AN Eprrome oF Fiery Srruaates.

en are.

stances, or materially with themselves ? And most certainly so when two
of the three of these present witnesses were but mutual friends and peace-
makers (I being the third) and their general or reputed veracity unques-
tioned.

And when neither of the other two ‘cared a damn! what he did with
his gun,” made never an effort to avert the conflict, but so he parted from
each of them unhindered and thirsting for my blood, were prejudiced,
interested and officious. And swore positively to things impossible to
know, and to others established to be false beyond dispute. And who
were afraid to meet and face on the stand the witness they dropped out
and cast away. And who were impeached withal.

Oh ! the desecration of that which should be venerated, and ever held
the most sacred by allmen! Oh! the stabbing of the most cherished
and beautiful functions of our Government. Are drunken sailors more
basely, brazenly shanghaied ! and then held and tortured? And from
such a source of information and influence ?

Some good men hold that I should have surrendered my homage at
the previous attack, while others, just as good, maintain that I should
have been prepared in kind and repelled the attack, shot the danger, when
it first appeared. Yet, though I owned a shotgun, and there was also a
navy revolver in my house and an improved rifle, belonging to a man—
fond of hunting sport—in my employ ; yet the little pistol was the only
weapon taken or had by us, which fact was not disputed.

If your Excellency please, it was always to mea sorry, sickening sport (?)
to hunt down God’s beautiful creatures, to see them suffer and quiver and
die! How sorrowful then, indeed, must, in reason, be my feelings, as to
the taking of human life. But men are few, who’s life they would give
that another might live. And there are those who cherish and love their
lives and wives and children—homes and homage—and the beautiful
wherever found ; and possess in the vigor of manhood certain sparks in
moral sentiment which can be made to glow, and which they would not
desecrate or smother, though they die!

Had I surrendered at the previous attack, my surrender would have
been demanded again and again; as was afterwards done, as this plea is
witness. Had TI run from the final attack, I would likely have been shot
in the back, or called on to run again—but not likely more than once
more.

It was confident surrender that worked my downfall and put me in
this most horrible grave. That the peace officer, who declined my appli-
cation to guard my life by the courts at public expense, only administered
an unlettered law of public sentiment—in which my lot was cast—which
is ‘“* That one who will not defend himself is unworthy to be defended,”
and which history of such proceedings there will maintain as to sentiment

and actions.
Really, your Excellency, the main force of the prosecution was not

» when two
and peace-
ity unques-

he did with
yarted from
prejudiced,
mpossible to

And who
lopped out

id ever held
t cherished
sailors more

And from

- homage at
at I should
anger, when
e was also a
to a man—
vas the only

hing sport (?)
1 quiver and
elings, as to
would give

d love their
e beautiful

n sparks in
would not

would have
this plea is
e been shot
e than once

put me in
1 my appli-
ministered
sast—which
defended,”
o sentiment

on was not

Oniy ARGUMENT OF MY CASE EVER MADE. 349

serious and grave, but rather as with a snicker, in the way of business and
revenge. But yet they made many good but credulous men believe that
they were honest and humane (?), and that I, who—though a farmer most
of my life, and with all my hardness as to other things, had never killed
even any domestic animal, except hogs, and though struggling with rugged
fortune, had never struck, in anger, any man, woman, or child—that J
was a murderer (?), Thus have they pierced me and pierced me deep—
deeper than they knew—in the region where I live, and where it hurts, as
with many poisoned arrows, and cast me into a stigmatized horrible grave
near five hundred miles from where my children were born. Oh! don’t
play with these arrows now, it hurts so! nor fear to pull them out, or I
had rather ‘‘ winged the shaft that quivered in his heart !”

Twentieth—Was Mr. Jumper down during the few seconds of the
shooting dash ? If so, when ? how much ? and how did he get down ?

He was inches over six feet tall, weighed over 200 pounds, and a
boasted man of strength and activity. His antagonist (for control of the
gun) weighed about 150 pounds by his word, but he was no slouch either;
he was active, strong, and brave, or I could not testify to it now. But he
had a throat trouble, hurting him in over exertion, and that it troubled
him very much in the sanguinary struggle. And now be it remembered
that ‘‘the pistol shots followed that of the carbine,” and ‘‘all fired in
quick succession,” (more properly, my first shot was fired with it, which
explains the loudness of this, the second carbine shot). ‘‘That he (Jumper)
jerked him (Lay) by the gun off of his sinking horse, struck him on or
against the head with the butt of the gun and dazed him;” and that he
(Lay) was down.” That ‘‘ nobody had a hand or finger on Jumper at any
time.” That ‘‘he gained ten to fifteen yards in distance—his way over
the ground.” That ‘‘ he was active and strong to the end of the conflict.”
And but one of my shots were at all fatal, and no effect was manifested
to—his then—antagonist by any or all four of my shots at any time during
the conflict, and he averred at the end of it that I ‘‘had not hit him at
all,” and bitterly and madly condemned me for not ‘‘ knocking him down and
stamping his head deep in the ground, damn him!” and afterwards declared
that ‘he should have had forty balls into him, instead of four!” And
this, mark you, from one who was before kindly disposed towards him, and
trying to divert him from his death with never an angry word, nor did any
one utter an angry word to him in the field.

So, therefore, it must be evident that all, if any, of the ‘‘ down” there
was about it, was done by me shooting him down with as late as the last
shot, or that together with the others. And this man, hanging on to the
again cocked gun, or danger, swore that during this time he was so dazed
that he did not see, hear, or know of my shots, or see me—all the powers
of body and mind that he then had being riveted to the gun and danger.

And there was no physical or circumstantial proof to show that he was
down. Nor did any one who was near enough at this time 4o know who

350 AN Eprrome or Firry Stauacc es.

was sworn, claim to have seen me shoot him when he was down and at
that stage of the fright and fury! I do not believe that any one near
enough /o know, could know hardly one man from the other, or just where
he himself was, or what he was doing, for it was dangerous most anywhere
around there then, If this be not reasonable, then why is it that scarcely
ever does any two, or evenacrowd of eye witnesses agree exactly and hon-
estly in describing any frightful fight done in their midst before their eyes ?
And that the theory be about correct, that a man, when excited, is like a
horse to the extent that he cannot comprehend but one object, or thought, at
atime? But, however, he thinks that he should know everything that had
transpired within the view, and often imagines that he does, when perhaps
he did not know anything. In a side view, if one’s sight be sharply
drawn to and fived on a frightful man’s finger, and ‘‘sees the finger
placed on the trigger” of a gun to fire a murderous shot, I do not believe
that he can know certain, within a foot of where the muzzle of the gun
is, or its exact aim, while his sight and mind is thus fixed and set on the
trigger, and distinctly hears from the frights lips ‘‘ J will hill you!” ‘and
the gun fired and was struck down the instant he said it!”

But, if a man in front does not know where that muzzle is, he at least
is impressed with the most burning, fearful, flaming, blazing imagination,
that can be stamped on and in the brain of man, and will not then discuss
or study about the matter before taking action! Nor does the most artful
double-dealing flawed law—concocted by sharks and applicable to the
case, require that he should. And I humbly confess that in some of my
wakeful, suffering hours of night, I could make any man anaw the muzzle
of a cocked carbine who would dispute that such a display must cause
fear of life in the one expecting the shot, and in range of the aim! Be-
cause I believe he would do it, but to turn and snicker, which I would
never do to even a cannibal, under such circumstances—for money, fear
or fame.

In the tame, cool assassination of Garfield, who was the man to in-
stantly jump onto the tame assassin, to repel the attack; to grasp the dan-
ger with his hands! though standing all around him? And were there
any two of the numerous witnesses present who exactly agreed as to what
transpired, or was in view, for a time after the first shot was fired ? I think
not. Mark, how they differed about his hat, ete. But what would have
been the state of their minds, were it'a fierce shooting fight and struggle,
with three bucking, bounding, struggling horses mixed up with the rest ?
Is it not evident, therefore, and anyway—to wise men or to fools—that had
Jumper been shot any less, that he would have succeeded in killing me, if
not others besides, who would have tried to stay him in his rage ?

As to the first point of ‘‘the four :”

Your Excellency, Did I have a moral and technical right to be there,
and on the hapless spot? This, the prosecution did not attempt to refute,
for the official records near at hand would settle that ; if the very laws by

wn and at
r one near
just where
; any Where
at scarcely
y and hon-
heir eyes ?
d, is like a
thought, at
ig that had
en perhaps
be sharply
the finger
not believe
of the gun
set on the
ul” ‘and

he at least
magination,
hen discuss
most artful
able to the
ome of my
the muzzle
must cause
aim! Be-
h I would

honey, fear

man to in-
sp the dan-
were there
as to what
d? I think
ould have
L struggle,
the rest?
that had
ling me, if
p ?

D be there,
tto refute,
ry laws by

OnLY ARGUMENT OF MY CASE EVER MADE. 351

which I was being tried (?)were any authority to go by, and as before said,
there was never any contest instituted against me, and there was no ques-
tion as to the lines,

Second point of * the four :”

Did I! Did T! have a moral and technical right, cause, and just
reason, and in common prudence, to be armed to the extent I was, and to
have my pistol grasped in my hand, immediately preceding my shots ?
Nor was this disputed, nor was it asserted or claimed on “trial” (?) that I
went to the field, or to the spot, with any evil in my heart.

And how could that, in reason, be done, under all, or but a part of the
sample circumstances heretofore shown, germane to the same, and none of
them were assailed, but they were squelched. They cut me very short in
my testimony ; inceed, they tried to prevent me from testifying a all, and
asked me but two questions, when they dropped me and virtually said, ‘“ go
off now and lie down like a goodlamb.”’ (I was being tricked, shanghaied,
and cast out of the way, which I will swear to be true, and can further
show, if necessary), though they did not dispute my being there, right on
the spot, and on or about there during many years before. Nor did they
question my reputed veracity or good name, though I invited them to do
so by ‘‘every witness put on the stand, by either side, or anyone else, or
that 1 was always a peaceable citizen.”

Third point of ‘‘ the four ;”

It seems to me that it mst be plain, that after Mr. Jumper had failed
to swagger and frighten me out of the field, that when he returned to me
again in that manner he plainly showed his certain intent to carry out his
declared and now manifested delermination to ‘‘ shoot me out,’ and per-
haps anyone else in his way to this end. Butas he had just left un-
harmed one of my meu without threatening him, and addressed him “as
afriend,” and had been on more friendly terms with the other by me:
Why should he, why would he kill him ? What would be the benefit or
advantage to him had they both left, or were dead, and I had remained ?
Except it be to get rid of them as witnesses to more securely murder me!
Could I not get other men, when I had two or three others in my employ
all the season, and could and did I not work myself ?

Did I not, therefore, know that he now knew that—though I might be
easily flattered, imposed on, tricked, betrayed, sold, frightened and
killed—that I would not be bullied or swaggered from my homage? There-
fore, in the mad, furious desperation of this final attack, must I not reason-
ably, instinctively, necessarily and surely be in fear of my life ?

Tf not, what in the name of high Heaven would cause such fear? If
not, what then was the matter with me when I was bewildered, dazed,
“perfectly wild’? from the onset of the attack until after all violence
ended, and at the time after the shooting, when I cried out, ‘‘for God’s
sake, help us!” as both sentences were sworn to by even this friend of
Jumper, and added that ‘‘ we were all perfectly wild!”

OI a en eT ee ee

352 AN EprromMe oF Fiery SrruGGtes.

Come now: If law and justice is the standard, and by the evidence,
what was the matter with me ? Your Excellency, what was the cause and the
motive of this state of fear? Where did it come from ? Who hunted for
it ? Who made and fired it ? Who drove it in?

Now then, with my pistol clasped in my hand and thus impressed,
stamped, fixed, set with fatal fear, and thus attacked! Whatthenis the most
reasonable, rightful and instinctive motive, impulse, force, current and
action to follow ? If not do shoot, to repel the atlack, to Fiaut the fright/u,
fatal danger? Did I! Did I! Dw I! have a moral, legal, instinctive
right to shoot the danger ?

If not, why then should I have a pistol in my hand ? If not, why did
he hunt and attack me with a loaded and cocked carbine in both hands,
with blood in both eyes, in a furious rage, and having declared he would
kill me—‘‘ shoot me out of the field” —in this very way, time, and place ?

In the light of all these established and unquestioned facts, wis I not
shanghaied ? Or what is the namc for it ? AmTI not being butchered, or
what is it that a farmer can understand ?

Fourth point of ‘‘ the four ’’—the state of fear.

Your Excellency, when one is thus—as is established I was—in a state
of fatal fear, what is the most probable shortest space of ‘ime such state
can be, that the force, power, current of such shooting impulse can exist,
be spent, and the brain be impressed with an adverse or diverse thought
so that different action can follow, transpire, by the force of reason ?

To those who may not have given this subject due thought I would
submit, that in such sanguinary attack and conflict, sound and fury, the
brain and mind is naturally, necessarily, spontaneously and uncontrollably
impressed, stamped, fixed, and spell-bound with danger for a time or state,
That during such state or spell, the reasoning function of the brain (the
only accountable motive in man) is suspended or paralized, and he is then,
therefore, consequently and unavoidably simply a machine, in the power
and control of an engineer, or distinct power (instinct) which is irresponsi-
ble to any man. ;

That, therefore, the acts that are done during the time of such state
of fear or spell, are the spontaneous, ungovernable acts of artless instinct,
nature, and of God.

That a person cannot cry and laugh at one and the same time ; that
he cannot write with one hand intelligently on a serious or dangerous sub-
ject or event with much force of thought, and at the same time write with
the other hand with force of thought on an opposite or a diverse subject,
also, that when the mind is firmly set, fixed, or strained on any thought—
as of apparent danger—such thought and impression cannot be suddenly
dropped, removed, or rubbed out, sufficient for the brain to receive an-
other or opposite, or a diverse impression, distinctly impressed or photo-
graphed, so that it be possible for intelligent opposite or diverse acts to fol-
low instantly ; that before such other different acts can be displayed, an

evidence,
xe and the
untied for

mpressed,
s the most
irrent and
» frightful,
instinctive

t, why did
oth hands,
| he would
place ?

wis I not
tchered, or

—in a state
e such state
e can exist,
rse thought
pason ?
rht I would
d fury, the
controllably
ime or state.
e brain (the
he is then,
the power
; irresponsi-

such state
ess instinct,

b time ; that
gerous sub-
L write with
rse subject,
+ thought—
be suddenly
receive al-
or photo-

acts to fol-
splayed, a

Onty ARGUMENT OF MY CASE EVER MADE. 853

interval—a space of ¢ime—must and does therefore intervene, and that
during such interval of time, the motive or reasoning power gets to work
and works another, or photographs such different impression on the then
passive brain, after which intelligent and responsible acts are done, and
not before or soor.er can they be. That during such interval or inter-
mediate space of time, a person is necessarily in a state of bewilderment,
perplexity, folly, and of instinct, it may be passive or intense, extreme or
active, or dazed—according to the force of events transpiring or trans-
mitted in the way—and which the force of instinct deals with in its own
simple, artless, yet most effective way; that this space of time, from reason
toreason and state of fear, in my case, as a matter of established fact as
heretofore shown, did extend from the time Jumper made his final attack
and fired, until he was disarmed, or gave up his gun, or the repelling of the at-
tack was accomplished. That, besides being established by personal evidence,
the instinct of reason teaches that such time must be greater than the
few seconds of the shooting dash, That, therefore, if I committed any crime
it was in performing my homage and grasping my pistol.

That no standard law (or any other I ever heard of) classes as murder
any act or acts done in such a state. But that, however, in reason and
fact I did not shoot as long as the fatal danger lasted, and that it was a
most extremely narrow escape or miss from death that I had from first to
last—from the onset until the gun was surrendered.

That none of such reasoning or discussion, as I have roughly cast,
wasallowed me at my ‘‘trial” (?) or to argue or sum up the case, or to
use diagrams that were drawn for the occasion. But that to impeach the two
prosecution witnesses, each as to some part of their evidence, and to es-
tablish the words spoken by Jumper as he fired, was held to be sufficient ;
which was done, besides the other evidence as before noted. The declar-
ation, ‘I will kill you!” was not disputed.

That the evidence, or rather stuff, by which I had been held without
bail or trial, or hearing, was, as before shown, of Jumper’s partner [who
was not even arrested] and the other prejudiced and interested witness
who was not prosecuted either] who ‘didn’t care a damn ! what he did
with his gun,” if, indeed, he did not urge him on. And who both—as
before also shown-—were too distant to know as to disputable material
points, or parts, or matter; supposing anything could or should in reason
and even justice and law be very material with the indisputable fact, that he
was hunting me with a cocked carbine, and murder in his heart!

The Grand Jury, as a whole, I believe, thought as J did, that my trial
would follow immediately, and perhaps, therefore, did not summon any
cue who was present at the shooting, and knew the fight, or who was un-
prejudiced or honest, which criminal negligence doubtless secured my in-
dictment for murder anyway, and the succeeding six months of duress,
and by which duress, most vile, ontY could my conviction be managed or
accomplished, Because the evidence to be had up to this time against me,

23

a ee

jeciasaomccltcicnapmioeoacigaaimi

we
Sinan ane

354 An Eprrome or Frery Srruaa.es.

was really either immaterial or else so thin, false and rotten, that almost any
cheap police court law;er, or any farmer with ability enough to make ani
holdacomfortable livelihood out of the ground, could—with measurement,
a diagram, comparison with even its own as originally sworn, and a little
reasoning—make plain and evident to even a child, and blow it away by
any standard of reason, law, justice, or precedent, as per samples given,
The preponderance of personal evidence to divert the aim of the gun from
‘‘my heart” to the man’s life by my side, was managed, wrought and
wrung out of duress, distress and fear, managed for the purpose by a prac-
tice that would make even cannibals blush with shame, and for which the
people were taxed and / held as criminally responsible. And this, while I
was held in vile duress and in a false light, without even a hearing, and
begging for a trial! A situation that will cause any one’s average friends
to stampede like a band of sheep when one of their number is attacked by
a pack of wolves, and which was a part of the play and swindle ; and,
furthermore, it was a surprising trick sprung on the stand. The proof of
which can be discovered in various articles of this—the only argument, plea,
and summing up of my case ever made, and, of course, it could be done

better.

[To fix these witnesses, they were indicted for ‘‘premeditated and mili-
cious murder, hearing which one of them (‘‘ Jumper’s friend’), frightened
with fear, cried out, “Oh, my God! I am as innocent as a child unborn,
but they will hang all of us!”’ Whereupon he was privately interviewed,
a bargain struck, and he was turned out: But it required six months

longer to fix the other. ]

The Jury was not chosen by lot and was illegal. And I was tricked
(as anu producer can be and is in danger of being by the hidden tricks of
the trade) into an embarrassed duress and misplaced ccenfidence in which
T had no say as to its (the Jury’s) construction, or any power against the
traitorous tricks played on and off of the stand to my ruin. But yet part
of the jurymen said, that had it not been for my last shot or two, nothing
could have been made out of the point, or any of the matter put against
me anyway and voted the judgement they did, with the hope and expecta-
tion that the executive would abrogate it. And those of these who had
not gone away did presently so petition, and the verdict included a recom-

mendation to the court for mercy.

But to consider duly withal the rapidity of the shots—that they were
of the very same impulse—and the manifest danger all the time until «/lr
the shooting, and the state and impulse of fear and the natural inability of
witnesses to really know much in such danger and fury, was it not, indeed,
at least an inconsiderate, a narrow and most unusual verdict; and was I
and those of my friends who did not stampede, unreasonable, or criminally
unwary, when we trustingly believed that as soon as the circumstances
and traitorous tricks that induced it were shown to the executive, with a
fair petition of the peace and home loving citizens of my section and ac-

the
to,
fut.
are
as t
hay

adi

wor
shov
to n
show
whie
one |
conse
a han
A
cise a
aday
tried, |

————————

most any
nake and
urement,

(1 a little
away by
les given.
gun from
ught and
by a prac-
which the
is, while I
aring, and
ige friends
ttacked by
ndle ; and,
ie proof of
ument, pled,

1d be done

ed and mali-
5 frightened
ld unborn,
interviewed,
six months

was tricked
en tricks of
ce in which
against the
But yet part
wo, nothing
put against
and expecta-
se who had
ed a recoil

at they were
ne until «after
inability of
not, indeed,
; and was I
y criminally

tion and ac-

Onty ARGUMENT OF MY CASE EVER MADE. 855

quaintance, that my restoration would be very presently granted. And
when others, who are guilty of crime, are so frequently restored in the
verge of their sentences, why am I thus discriminated against? And is it
not, indeed, hard and oppressive and murderous to mein my sore and
wringing distresses and 111 health ?

That the producing class cannot support a grasping horde of sharks
and homewreckers, have time left to keep posted in the ever changing
tricks of their trade, keep the public posted as to every job put up against
them, and besides have time to make something for the nselves or their
childrea, That, therefore, it is unfair and grinding to deny recourse to
one of these victims from their nefarious coil, and without proclamation of
warning made before, That I never had any quarrel or trouble with my
settled neighbors whatever, except with one, but with a few transient
sharks or raiders, who required of me to buy my peace of them at ruinous
prices and dishonor, till I had to run, deliver, fight, or die!

And as only one in about fifty of the first settlers of the land have suc-
ceeded in making, holding and enjoying comfortable homes thereon, per-
haps I should have been guided by their experience and been satisfied to
live in a tent. I know whereof I speak, only one in about fifty !

Oh, how brave and patriotic (?) for a [secret] clique of men to divert
the powers of government, to wreck and devastate a well-earned and
happy home! And take the life of a single, solitary, 7 ---eable tiller of the

soil, on the strength and sadness of the funeral of one who at least had
the sand to undertake it alone.

That I have implored your Excellency and his Honor, not to consider
the dignity of state or functions of office, or of personal feelings too great,
to point out to my understanding any cuse against me, or to show any re-
futation of the points I have roughly taken, when all the circumstances
are duly considered; or that these are not germane and rightly taken, or
as to which, if any, need further proof, explanation or reference? But
have been granted nothing as to the same, except that I ‘“‘was convicted by
adury of my countrymen.”

I have also, throughout, begged for executive mercy (though “the
world does turn round”), and ever ready to confess to any guilt or sin,
shown to my understanding, or to that of my near or proven friends, and
to mend my ways or pursue others entirely different, if such rule be
shown to me by which I can live better, in more peace and less dishonor,
which also have fallen on stony ground, leaving me in the dark and as
one in a@ dream—having been pushed off of a high bridge, and though
conscious of the fatal fall, yet powerless to combat or avert it, except by
ahand in sight but withdrawn or clinched.

Anything as to my statements of my case, etc., that may be too con-
cise and suggestive rather than complete and exhaustive, [and requiring
aday or two to read it, as is the case when a member of a secret gang is
tried,| and may, therefore, (on account of its comparative brevity) not

RENEE

OP aie N RATT ae RETTD

356 AN EprromMe or Fiery SrruGates.

seem plausible to a preindiced or contracted understanding, function oy
motive, can be shown wherein and why it is true; as, for example, why, if
these things be all true, did my neighbors and friends permit my op-
pression ? Because I did not wail about my trouble nor proclaim it from
the housetops or through the press, but kept on my even, peaceful, con-
fident course; my relatives were far away, I belonged to no clique or
clan, but looked -onfidently on ‘‘every man in the right as a brother”
and honesty as honorable. My neighbors and friends are peaceful citi-
zens—not sharks or containing the element of inobs—and had trouble and
toil enough of their own to keep thera very busy, and did not think there
could be any conviction; naturally thinking that when one had ability
enough to prosper so long and well, where so many others had failed,
that he should have sense and character and means enough to take care of
himself or to choose proper and safe assistance, if he was right—not sup-
posing that their own taxes and government could be turned against him
in such a case, and there was dirt cast and thrown into their eyes [by the
lying gang] from the outset, through which many could not see clearly,
But some, of course, did not care anyway, for they could now catch up in
the rugged struggles of life, foolishly shutting their eyes to the fact, that
such selfish lack of critical interest [and earnest action | is just what keeps
us eternally ground in the dirt; and of their turn to come to feel it, in one
way or another—fifty chances to one!

But my neighbors did volunteer much help, as much of the evidence,
ete., shows, and offered more of such assistance. I have no complaint
against my neighbors and they have none against me, while there are
some whose troubles will ever be mine also.

But the single fact, that the ground and portion of the field where the
tragedy occurred was never measured, shows how sadly, indeed, they mis-
judged my ability in choosing honest assistance, though they would not
oppress me on account of my ignorance.

The guess of the two interested, prejudiced, distant, etc., prosecution
witnesses d/one was sought and taken as to their distance off from the
shooting. One was on one side of that body of plowed ground and the
other about opposite and some distance outside of the fence, and who
guessed at the distance from the shooting as abou! half that of the former,
who put his distance at 140 yards.

Now there was an unprejudiced man present at this pretense of a trial
who, while in my employ, plowed that ground, and he guessed this dis
tance, while he was even stepping it so much, to be ‘‘a quarter of a mile,”
440 yards, (instead of ‘£210” as put and accepted), but which (440 yards),
however, was about 100 yards too great; but had it not been deemed by
others [secretly] against me, that ‘‘they had placed themselves far enough
out of distance” and reason, with the other circumstances and impeach-
meut against them, then the one quarter of a mile (440 yards) would have
been his guess evidence as to the same, although subpcenaed by the pro

, function or
mple, why, if
ermit my op-
claim it from
peaceful, con-
no clique or
as a brother”
peaceful citi-
ad trouble and
vt think there
ne had ability
ers had failed,
to take care of
ight—not sup-
ed against him
ir eyes [by the
not see clearly.
1ow catch wp in
to the fact, that
just what keeps
to feel it, in one

of the evidence,
ve no complaint
while there are

S field where the
indeed, they mis-
they would not

te., prosecution
nee off from the
ground and the
fence, and who
t of the former,

retense of a trial
ruessed this dis

arter of a mile,”
hich (440 yards),
yeen deemed by
elves far enough
bs and impeach:
ds) would have
raed by the pro

OnLy ARGUMENT OF MY CASE EVER Mapr. 3857

secution in their raking the country for threats from me—as though I
would not have the right to defend myself on my own home anyway—-(I
never had a quarrel with any man in my employ, nor did I ‘‘ murder” any
of them, nor had I threatened Jumpcr with more than legal process to
them, nor would any one of them swear that I had. This one swore, that he
‘plowed about 40 acres for me there,” and he plowed less days than
others had for me in breaking this field, and with the same four-horse
team. Yet, they would not let any of these testify as to the distances.
And I had hauled and laid into fence nearly every pannel of fence across
and about theie and had worked on this land in this and other ways for
years, and had it partly fenced before it was surveyed by the Government,
so that J could have guessed, as knowingly as anybody, if allowed; had
not the evidence of these two witnesses [pon’r you rorGEr Ir] by whom
my indictment and near ten months of vile duress was cast and my con-
viction (?) fixed, put up, secured—been deemed to be already abun-
dantly refuted, ‘‘so that my knowledge as to the fight and trouble and
distances would be superfluous.” Didn't want me to testify at all! [Any
one who insinuates that I was honestly defended or had any real trial, is
a liar, « thief and a cur, and a traitor at heart. |

A portion of these rails I bought of Jumper himself in the weods, for
this expressed purpose, and afterwards when he had started in to jump the
land, he admitted to me in the presence of others, in these, his own words,
that ‘no man has ever treated me better than you have.”

This was a quarter section of school land destitute of water (so as to
be of little or no value as a home by itself) and adjoining my other land.
Thad it leased in due form, besides first improvements, and had it en-
closed—which was tivo points more than the law required. Jumper’s pre-
text was that certain sharks had told him to ‘sail in,” that the statute by
which such lands had, was and is being taken and held (in nearly every
county of the territory) was void. But as it (the law) had not been abro-
gated by the courts, and as all of the statutes are flawed for to be questioned
for a price, I therefore required, and was willing to «omtend for some-
thing more official than his word or other tattle, and «en he said he
“would give me an ounce of lead.” And I shou) have taken it, should I ?

But another gentleman had been trying to jump another portion of my
home to which I had for years a United States patent, he going into an-
other field and took possession of my springs and only water---some one
hundred and fifty (150) yards within a weli marked government line on
deeded land T had lived and pioneered on for years when my settlement
was a subject of ridicule and jest—and denied me even water necessary for
my domestic use and that of neighbors who were in a measure dependent
on the same, and this after I was out over $150 to accommodate him or in
buying my peace. He told me ‘if I wanted water, to dig for it,” amd I
did not ‘murder ” him, or arm myself in any way, because he only used
ahalf dozen men to take possession with—no carbiny TF vainly plead \o

OER OTED

oe et aca RS

buisoacti ied!

Sle iieat Pan od

ii ARE! TT OY

é
j
i
;

cigarette

358

An Eprrome or Frery STRUGGLEs.

him for several weeks for only enough water for domestic use, and while
we were carrying it near one-quarter of a mile on his account; but I
finally got very tired and ashamed of myself; then I told the gentleman
to take a turn as water carrier himself. He did not like it, and, of course,
I was in his way then, and so he said ‘‘ he would help Mr. Jumper with /is
job.”

I was willing to divide up occasionally with such influential gentle-
men so that they wouid permit me to live in their country, but they fre-
quently want to take all an ‘idiotic haymaker”’ has, to divide it up them-
selves. And, of course, if the Government and press and false friends
back them, they can get away with it every time, and butcher amybody in
the way. Although being aware that the courtsdo not often defend homes
without at least mortgaging them into the ground, yet I implored these
gentlemen, that such was the more civilized and advanced method of get-
ting them, and if they wanted mine, to take it in that way, that ‘it would
look better anyhow and I wanted to see how it was done ;”’ but to insti-
tute suits and divide the stock in that way would be too tedious for them,
they wanted it then, or I must die! Must 1? These gentlemen were
[close] friends and talked to me of each other, and one of them did show
me ‘‘how it is done,” but it was on the gravity of the other one's funeral.

Tt was he with his men and but two or three others of his friends that
was the power at the throne, at which I was first held or shanghaied; he
had a shot-gun and others of them were in like manner armed, and he ¢/i:/
“do it with a grin.” It was afterwards said [and is yet) that a quart of
whiskey added that night would have been my death, together with that
of the only near witnesses to their defeat the day before ; but others
would have bitten the dust also. This is the little midnight mob noted at
the outset; this is the ‘serious’ grave (?) foree that proseeuted and
hunted ine to the grave, and which practice is being justified by my blood.
This is the ‘‘ brave” (?), patriotic (?), virtuous (?) element ‘‘ that is thus
being venerated and backed !”

[s there no office without the reach of such power ? no official heart
but what is mellow to such ‘‘serious” (?) prayers, and hardened to the
sons of honorable toil ?

And I have written as truly as Bancroft could write this history, but
it is no pleasure for me to write it, and I am suffering because it is true.

Tf your Exeellency would graat me but another chance to live against
the forty-nine, then permit me te swear to this epitome and on/y discussion
of my case, by the sentence, by sections, or as a whole, as far as I pretend
to know; stand what is left of me on but the partial level of a haggled, re-
stored victim, and if any one would face me with a denial, I can be tried
by another ‘jury of my countrymen” for perjury, and in which event, if
it be criminals your Excellency wants, ‘hey can be found, though T be not
convicted any more,

The good citizens of my section, if your Excellency please, may be

und while
t; but I
rentleman
of course,
ay With /iis

al g@entle-
they fre-
f up thei-
Ise friends
my body in
end homes
ored these
rod of get-
it would
ut to insti-
s for them,
emen were
m did show
Puneral,
friends that
nglaied; he
and he did
a quart of
4 with that
but others
ob noted at
feeuted and

ry my blood.
hat is thus

ficial heart
sned to the

history, but
it is true.

live against
y discussion
" I pretend
hageled, re-
han be tried
ch event, if
gh IT be not

Use, mas be

Onty ARGUMENT OF MY CAsE EVER Mapr. 359

— ~ =

swayed to trust in men who always have and will tap their granaries to
the bottom ; but an angel from Heaven could not make them believe that
they have not lost the grain, or that the courts are perfection, infallible,
and mercy a sin.

With all possible humility, and respect and courtesy, I submit for
decent consideration, whether it is plainly and by good authority shown
that instead of the flock of crows, so immense as to darken the sun of
heaven against me, that in truth there never was evena single, solitary little
blackbird ; and that this storm was put up for plunder and crime in the
cowardly, sneaking, traitorous, deadly guise of friendship and of justice.
And by which I have been plundered of my liberty and life, of my family,
of my hard and well earned home and herds, and my children of their
rightful care and heritage. And this by gentlemen who would rob orphan
children of their last chicken and their doll, cast them in prison to hide
their crime, and would sell their Saviour and their souls for a little mouey
—these cut-throats and sharks! And on their account I must be butch-
ered! Must I?

Your Excellency seems to hove forgotten—it being so long ago—that not-
withstanding my case having not been fully and fairly made known to the
public, that yet my restoration has long since been seriously petitioned for
hy my neighbors—with scarcely exception for several miles about me—
with a goodly and representative portion of the other good citizens of my
counties and range, ai «ih a portion of that ‘jury of my countrymen”
that so haplessly *‘ eon,icted”’ (?) me, and this without any remonstrance
from any quarter or person—at least publicly or squarely done, And thata
eoodly portion of these are Christian men, of manly honor and fine feel-
ings, and comprise the best elements of society ; men who would not cling
toa legal mistake or fiction if they only half know it, if it desecrates a
fundamente! and beautiful truth, or the sacred sentiment of charity.
Your Excellency, all of these petitioners know much as to the struggles in
earning and holding a home and livelihood in their country, of courts and
sharks, whom artless men cannot know withomt experience, of my trouble
awl distress, and they know me, I think, to a man, as a citizen, husband,
father, and somewhat as an official, and as a neighbor, not as perfection,
oh, no; but they are not afraid IT would *‘ murder” anybody, or willingly
bring sorrow to any fireside. These good citizens pray to your Excellency
that I be no longer held as a depraved criminal! Ave their prayers to
avail me nothing? Will such a force of prayer not phase the executive
heart and find therein a single spark of merey ?

Your Excelleney could also discover among these petitions men who
at the outset of my trouble were active in my downfall, they would give
me a whirl in the way of business, they would fight me when I could
fight them in return; but when they had won the contest, they would
not oppress me to the deavi, and have prayed that your Exeelleney do
not. Of such as they T never wailed, /o sueh I can cherish no hatred.

we
53
}
4
i
4

j

H

360 AN Eprrome oF Frery STRUGGLES.

And I am loth to open sores that might otherwise be healed, and re-
frain from doing so except so far as my situation compels, and which
I think your Excellency might consider. Are the prayers of these also
to be disdained ?

I would also beg to remind your Excellency of an additional dusty
petition, composed as it is of representative men of exalted order in
my native state, including a Supreme Judge of renowned talents, That
these petitioners also know me in a manner, and consider my word alone
good enough for them to base their action on, and they know what wassworn
to against me. Thatto impose on and stultify these petitioners I would
necessarily be a consummated villain, born, bred, and practiced ; and to
presume that they would impose on or stultify your Excellency, would not
be done by those who know them well. It ishard and mortifying tothink
or know that the prayers of such men—who would extend tome from
afar a helping hand, though in trouble and stigmatized as a felon—glance
or bound to the ground.

But though your Excellency may consider all of the ardent prayers
in my behalf as if but a casual breeze, and me as a vicious animal, fit only
for the yoke and the slaughter, and my wife and children as but suitable
victims and game for depravity ; yet, thank God, those of my kind (and the
kind are numerous) who know me and my trouble well, do not so consider
the matter ; though they be powerless to avail me anything but fruitless,
though ardent prayers.

His Honor—though not famed for excessive mercy, and with the dis-
cord of such position, and also while not fully knowing my case—has said
that had the literal statute permitted it under the verdict, he would have
made my sentence five years instead of ten, and that he would not oppose
my pardon at any time before.

That if, therefore, I have any rights whatever any more, but to suffer,
and quiver, and die ; and it be only a rightful proposition to consider ten
years as buta technical sentence, and five asthe moral or spirit of the judg-
ment against me, and that Iam by right entitled to the time I suffered in
jail, begging for a trial; and the abatement of time provided by law for
good conduct, applied on such judgment, then I will in October next have
fulfilled the full terms of such judgment, And if this is done, then therefore
I most respectfully submit if your Excellency will not then have entirely
rejected all of the manifest prayers, showings, and proofs, so earnestly,
honestly and humbly offered for executive clemency. And that any-
thing beyond would be simply enforcing a hard, unusual, unintended,
technical, distressing, unlawful swindle of a verdict; made out of fixed
evidence, sprung on duress without a moments warning or recourse, and
eround out in part by about 13 months of false, pernicious, dastardly im-
prisonment and fear, fixed np and plotted for the purpose. And I must
be butchered in order to stuff such practice down the throat of the public

,» and re-
nd which
these also

mal dusty

order in
its, That
ord alone
was sworn
rs I would
1; and to
would not
ig tothink
ome from
n—glance

nt prayers
al, fit only
it suitable
id (and the
oO consider
t fruitless,

h the dis-
—has said
ould have
ot oppose

t to suffer,
nsider ten
f the judg-
uffered in
by law for
neat have
therefore
entirely
earnestly,
that any-
hintended,
of fixed
burse, and
tardly im-
d I must
he public

Onty ARGUMENT OF MY CASE EVER MADE. 361

EN - — —o

as ‘‘honorable” (?) must J? That sharks and cut-throats may fatten on
human misery ad blood,

Thats the single germane, indisputable fact, that Jumper was hunting
me on my home, with a cocked carbine in both hands, with murder in his
heart, and having declared to me and to others that ‘he would do so and
kill me”’ on the very occasion, makes evident of itself that his death was
only a pretext and blind used by unconvicted, criminal sharks, to use the
power and taxes and protection of government to suck my blood. And
had these blood-suckers been in like manner and inteat with Jumper at
the front and I had killed rHEM au, would it have been murder? Or am
Iand my whole tribe savages or fools, indeed ?

Though always loth to bewail my troubles with or to men, yet, I owe
it to myself, to my children and my kind, to thus submit my case at this
late day for public as well as executive consideration, as I am still being
haggled in the deadly guise of friendship and of justice, till some of my
old friends would hardly know me now; and my name and pride which
before was not considered bad, to take alone in the way of business any-
way, is being haggled too. And I have been choked and suppressed and
oppressed, and betrayed and sold, till this is but a death rattle. But if any-
thing in conflict with, or denial of any of my avertments be embraced and
then intelligently and honestly sifted, pressed and hammered, it will fly
in burned fragments, and no point be made that will pierce or turn any I
have shown in my case or character. And let any one who would care to
know she truth as to my trouble know it now and not forget it, as is valu-
ed al) that is most dear and sacred and beautiful to man.

Very truly,
Gro, W. FRANCE.”