United States Attorney John H. Hall made the opening argument for the government in a speech that consumed several hours. It was not regarded as much of an effort from an argumentative standpoint, the main features being a facetious fling at the romantic ideas involved, when the bachelor element among the bogus entrymen were supposed to soften the asperities of their isolated existence by paying alternate court to "Nellie Backus," "Emma Porter," and "Maud Witt," while the poor girls were hoeing potatoes out in the snow during the long hours of the Wintry nights.
My brother, L. F. Puter, of Eureka, Cal., followed the Government attorney, in an address that was listened to with close attention by the jury, although it was plainly apparent from the outset that no power on earth could stem the current of their conviction that we were guilty.
Probably the most impressive scene of the whole trial was witnessed after my brother had finished, and Judge Thomas O'Day had resumed his closing appeal for the defendants. Naturally of commanding presence, the Judge was never more so than on this occasion, as with stately tread, after the noon recess, he took a position directly in front of the jury. Opening a large volume of the Holy Bible, and spreading it before him on a pedestal that had been improvised for the occasion, he commenced to read from the VIII Chapter of St. John:
"Jesus went into the Mount of Olives. And early in the morning he came again into the temple, and all the people came unto him; and he sat down, and taught them.
"And the Scribes and Pharisees brought unto him a woman taken in adultery; and when they had set her in the midst, they said unto him, 'Master, this woman was taken in adultery, in the very act. Now Moses in the law commanded us, that such should be stoned; .but what sayest thou?' "
"This they said, tempting him. that they might have to accuse him. But Jesus stooped down, and with his finger wrote on the ground, as though he heard them not.
"So when they continued asking him, he lifted up himself, and said unto them, 'He that is without sin among you, let him first cast a stone at her. "And again he stooped down and wrote on the ground.
"And they which heard it, being convicted by their own conscience, went out one by one, beginning at the eldest, even unto the last; and Jesus was left alone, and the woman standing in the midst.
"When Jesus had lifted up himself, and saw none but the woman, he said unto her, 'Woman, where are those thine accusers? Hath no man condemned thee? "She said, 'No man. Lord.' And Jesus said unto her, 'Neither do I condemn thee; Go, and sin no more.'"
Turning his pockets inside out. Judge O'Day faced the Government attorneys and shouted in stentorian tones:
"I carry no rocks with me, I don't see any coming from the other side!"
Taking the scriptural injunction as a text, Judge O'Day proceeded to deliver one of the most effective sermons ever listened to from any pulpit. His reading of the quotation, coupled as it was with so many dramatic features, produced a profound impression upon jury and audience alike. The application was apparent to all. Outside attempts had been made during the progress of the trial to connect the female defendants in some way with certain scandalous rumors, and the action of Judge O'Day was taken as a reply to these vague and senseless insinuations.
Of splendid physique and endowed with deep, penetrating voice, the Judge held the closest attention of the entire court room, and a death like stillness pervaded the atmosphere while he was making his eloquent appeal for mercy. That was all it could be called, as we were forced to throw ourselves at the feet of the jurymen by reason of having absolutely no case.
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