My First Jury Case

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Title:     My First Jury Case
Author: Eugenia Dunlap Potts [More Titles by Potts]

THE DOG WITNESS

The court-house was crowded to its utmost capacity. Women as well as men were there to hear the arguments in the case of the Commonwealth against William Grant for the alleged murder of John Belt.

Grant was a young man of handsome exterior and pleasing manners. He sat in the prisoner's box, and near him, closely veiled, was his beautiful girlish wife, with her arm around a fine, manly boy, and her head bowed upon his sunny curls.

Near the group were the surviving relatives of the dead man, consisting of the wife, mother and daughter. Their faces were heavy and stolid, and their whole appearance indicated not only the lower walks of life, but the existence of evil passions and aggressive natures.

Belt had owned a small grocery some fifteen miles from town, in a wild glen at the mouth of a shallow stream that flowed into the Kentucky river. The region was for a long time sparsely settled; but the establishing of a government distillery and a railroad station had led to an increase of population, so that young Grant was induced to locate there and open a shop for provisions and other supplies, that line of business having been the one chosen from his boyhood.

From the first Belt, who was one of the few German settlers in that part of the country, resented what he was pleased to call an encroachment upon his trade, and lost no opportunity of showing his ill-feeling. He was a heavy-set, sullen man of about forty-five years of age, and showed a dogged spirit even to his customers. In vain Grant strove, first to pay no attention to his enmity, and afterward to conciliate him. He continued obstinate, and his family were not behind him in giving insults and slights.

Time passed, and Grant prospered. He was obliging and agreeable, and people naturally patronized his store, which he rendered as attractive as his means and good taste would allow. His wife, too, charmed the community by her simple, sweet ways; and motherly old ladies took special interest in her and her babe.

Grant built a neat cottage, and this gave fresh offense. At last Belt, who was a drinking man as well as surly, swore that he would take Grant's life if the latter persisted in remaining there. His trade was falling off, and Grant was the cause. Matters reached a climax then, and Grant armed himself in case of a surprise.

One morning Belt was missing, and his family raised a hue and cry that speedily brought a crowd about the house, just as Grant approached and made the startling announcement that he had shot at a man the night before, and was ready for such investigation as would be proper under the circumstances. He stated that he had been aroused by a filing, grating sound at his bedroom window, which was on the ground floor, and that he sprang from his bed, threw open the front door, and fired upon a figure that retreated rapidly and was soon lost in the darkness.

Upon this Grant was held in custody, while a party of men went in search of Belt. Hours were spent in vain, when it was suggested that Belt's dog, a vicious mongrel-cur, should be put upon the trail. Accordingly the dog, which was usually seen at Belt's heels, was given the scent of his master's coat, and started rapidly down the road, his nose to the ground. The testimony as elicited at the trial showed that the brute had bounded along to the Grant cottage, leaped upon the window sill, sniffed eagerly about the spot, then ran down the path to a clump of bushes on the river cliff. Here the creature stopped and set up a piteous howl. The pursuing party hastened to the spot, and there lay the body of Belt, who had fallen and died, as the autopsy revealed, of internal hemorrhage produced by a pistol shot. As if to corroborate Grant's statement, a chisel and a pistol were found in the grass under the window of his bedroom.

Such was the history of the case. The absence of any testimony in behalf of the prisoner beyond his own assertion, was painfully evident. His wife supported him in the facts, but the law did not permit a wife to testify in the husband's case, so this evidence was unavailable.

The natural sympathy which death awakens in the human breast, especially a tragic one, had done its work even in the case of so unpopular a man as Belt, and already he was considered a martyr. The desperate lamentations and impoverished condition of his family asserted their claims, and the time of trial found public opinion greatly divided. The spark of envy in every community which had lain dormant as long as the Grants were novelties, sprung into life at their unwonted prosperity, and the gaily painted store and fanciful cottage became eyesores to more than one. Various rumors, like uncanny spirits of air, floated about till the prisoner felt himself sinking into an abyss. Once down, there seemed no power ready to lift him up.

He employed several distinguished attorneys as counsel, and I, a struggling young lawyer, whose ambition was to be worthy the mantle of an illustrious father, was also retained. There was something about the case that inspired me to the utmost of which I was capable. There was no circumstantial evidence against the prisoner. He had frankly owned to shooting the man. The issue rested upon his motive for the deed. What was the provocation? True, Belt may have threatened his life; but Belt was a drunkard, and who attached any importance to his words?

The prosecution endeavored to show that Grant, wearied with the enmity of Belt, and wishing to be rid of him, had enticed him away on the night of the killing, and shot him in cold blood. True, a chisel and pistol had been found, but how easy for the prisoner to have placed them there to carry out his plans! The dead man was proved to be a harmless character, though of intemperate habits and rough ways. His antipathy to Grant was only natural, since the latter had, by ingratiating manners, flashy advertising dodges, and a few modern tricks of trade, ruined the business of the old-fashioned, plain-sailing German.

In the hands of such skillful manipulators the case grew blacker and blacker, and the face of my client reflected the anguish he saw his wife enduring, and he powerless to comfort. He saw his beautiful, idolized boy the son of a convict, and all that had made life worth the living shattered to the dust. Closer and closer the meshes were weaving about him. The jurors sat with fixed gaze as one by one the speeches were ended. At length the honorable counsel for the prosecution concluded a powerful argument, and I saw in the faces of the twelve men that it had told.

There was but one point left for me to make, and I wondered that my distinguished brethren had passed it by. They had dwelt upon the youth and good standing of the prisoner, and the uncalled-for persecution he had suffered. They pictured in graphic words the midnight attempt upon his life at his own house. A man's house is his castle, and he has the supreme right to defend both it and himself. They appealed to the sympathies of the jurors in behalf of the young, helpless wife and innocent child. Still there was wanting the one link in the chain of positive evidence. Sympathy was well enough. The twelve sworn men required proof. How was it to be shown them?

I was young, and I felt all the nervousness attendant upon a maiden effort, but my heart was in the work and I launched forth. Nature had given me a good voice, and I felt a certain power as I spoke. But I had not the egotism to suppose that I could compete with the learned gentlemen who had preceded me unless I could make a decided hit in summing up the testimony. This I did. When I came to the hitherto unnoticed dog, I dwelt there with a tenacity that was determined to convince. I portrayed the well-known fidelity of the dog. No matter what the master, whether fortune's pampered darling, or a beastly denizen of the gutter, his dog was always his friend. Be he kind and gentle, or cruel and pitiless, still his dog crouches in loving submission. And the animal, whether a high-bred, glossy-coated favorite, with golden collar and silken leash, for whom hundreds had been paid, or an ill-favored, ungainly brute picked up from nowhere and as thankful for a kick as for a crust, was loyal with a fidelity that puts to shame man's boasted friendship.

This man's dog had loved him. Drunk or sober, kind or cruel, his dog was not content out of his presence. Why was he not with the man on this fatal night? Because Belt had chained him in order to follow out his vengeance untraced. The master knew the sagacity of his dog. He wanted no companion on his midnight stroll. And when, restless and uneasy, the dog was let loose and shown the garment of his master, what did he do? He dashed away, nose to earth, in eager, loving pursuit, along the road to Grant's cottage. There he sniffs the ground, where undoubtedly the familiar scent lay, jumps upon the window-ledge with his fore paws, whimpers, starts away, and follows the trail down the path to the beloved body now cold in death.

What proof more convincing than that Belt had been there? How improbable the trumped-up story that Grant could decoy from his home his bitterest enemy, especially at the midnight hour! A loaded pistol and a chisel were found under the window. It had been alleged that Grant placed them there for his own base purposes. But admitting that man could deceive, the dog would not. Canine instinct could not lie. Every man who knew the nature of the animal must feel convinced that Belt's dog would never have gone to that window except in honest pursuit of his master.

I felt that my speech had told, and as I sat down there was a stir in the vast crowd. My client's face was flushed, and the wife's somber veil was thrown back, revealing her large eyes lustrous with hope.

The Commonwealth's attorney occupied the floor for an hour, during which he ridiculed what he termed the schoolboy tales from his youthful opponent. But when the jury retired I felt that my influence was still uppermost. The suspense was trying, but it did not last long. They reported in a very short time, and the verdict, announced in a clear ringing voice, was "Not guilty!"

Grant sprang forward as his friends pressed near and seized my hand in a vise-like grip. Loud cheers rent the air, for again the fickle public had veered around, the crowd surged to and fro, women wept, and the fervent "Thank God!" that broke from the pallid lips of the young wife rang in my ears for many a day.

The foreman of the jury, a plain, intelligent farmer, drew me aside and said, "That dog done the business! There was no gittin' around that! I've got a dog myself."

Grant was forced to begin life anew, for his counsels' fees about consumed his little savings, but he remained at his post honest and industrious, and is one of the leading men in the now populous section.

[The end]
Eugenia Dunlap Potts's short story: My First Jury Case

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