Page:A La California.djvu/426

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370
EARLY TIMES.

preme Court of Missouri," said the prisoner, "and you can't carry out the sentence until after the appeal has been decided."

This change in the aspect of affairs somewhat staggered the crowd, and delayed the execution a short while. Judge Husker was called upon to give his views upon the case, and did so, as follows:

"The prisoner was tried by Missouri law, found guilty, and sentenced to death by the law; and thar cannot be a doubt about his right to appeal to the Supreme Court of Missouri. So fur so good. But courts are always in the habit of goin' on until the Supreme Court issues its mandamus stayin' perceedin's. Therefore the sentence of this court will be carried out, unless properly stayed by a mandamus. Ef the perceedin's ain't reg'lar, they can be reviewed when the case reaches the higher court."

The decision of his Honor was received with a shout, the prisoner said, "all right, go ahead." The sheriff gave the signal and the trap was sprung. The rope broke, letting the murderer drop in the snow beneath the scaffold. He struggled to his feet, returned to the scaffold, and looking over the crowd, said:

"Thar, didn't I tell yer that I couldn't be hung? I claim my bets. Now, gentlemen, as this show is over, I thank you for your kind attendance, and all of you as has got any money and wants a lay-out at faro, just foller me and I'll give you a lively game."

He turned to leave the scaffold, when he was met by the sheriff, who held in his hand a much stronger