The Romance of Gilbert Holmes: An Historical NovelKirkman, Marshall M. (Marshall Monroe)
General
The Romance of Gilbert Holmes: An Historical Novel
Kirkman, Marshall M. (Marshall Monroe)
Black Hawk War, 1832 -- Fiction
Moth waiving cross-examination, Mr. Promb called Mr. Hayward, who
confirmed Fox’s account, after which he turned to the judge, saying the
defense had no further testimony to offer. Upon this Judge Douglas
turned to Moth and asked if he desired to question the witness, or had
any evidence to present. To this Moth only shook his head, not taking
his eyes off Rathe. For it was apparent he had believed Uncle Job
guilty, and what he now heard fell upon him like a stroke from heaven,
as his face clearly showed. Judge Douglas, upon this, turned to the
jury, saying they must consider the new evidence with the old; but they,
not moving, and all looking toward Uncle Job, spoke up as with one
voice: "NOT GUILTY."
Bowing to Uncle Job and smiling, Judge Douglas dismissed him, ordering
at the same time that Rathe be removed to the jail to await commitment
and trial. At this the latter who had not moved, took a step forward,
and facing the judge, bowed, saying, as if speaking of some commonplace
occurrence:
"I admit all that has been said, your honor. There was not enough for
two, and so I killed Burke, and a good riddance it is to the community.
I am only sorry, however, that it was not the pious Throckmorton
instead," he added, turning and looking at Uncle Job. "Burke deserved
death, but not more than I, you will say, and truly enough. I intended
to kill him when I went to the cabin, and in this way, to illustrate,
your honor, and quite simply," Rathe went on, taking up the knife with
both hands, his arms being only loosely tied. "As he came toward me, the
pistol-shot not proving effective, I drew my knife, and raising it the
full length of my arm, buried it to the hilt in his bosom, like this";
and as he concluded, and looking the judge calmly in the face, he
plunged the weapon to the handle in his own heart.
At first the lookers-on thought he was acting, but when, after a moment,
he wavered and fell full length on the floor, there was a cry of horror
from all present, many women fainting, and the men staring, not knowing
what to make of it.
* * * * *
When some time had elapsed and the dead body of Rathe had been removed
and order had been restored, Moth arose, and turning to the judge, said:
"I call upon the court before it adjourns to order the arrest of the man
Fox for highway robbery."
At this, Fox, who was standing within the inclosure, turned to the judge
and said:
"May it please your honor, I admit all this man may say, not denying
anything, and beg that I may be tried here and now, and by the present
jury."
To this Judge Douglas demurred, but after reflecting upon it for a while
and conferring with the jury, he turned to Moth and said:
"You hear his admission, Mr. Moth? Are you ready to go on with the
case, as he suggests? If so, I can see no legal objection."
Public-domain text, read in full here on John Shaqi.
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