The Butler Weekly Times Newspaper, March 7, 1888, Page 6

a WINTER. I Grearc~1, and seemed again to hear h’s note I love so well, And sm@fe-d sweet clover, and the scents Of hidden herb and close shut bell. And roses, blushing on their stems hung their heads, Wafted from creamy lily beds. ‘While sunset with her magic brush Had thrown a banner on the sky, In hazy purples, pink, and gold, I watched the daylight slowly die. I woke. The swallows all have flown! The wild-wood trees, but yesterday Like flaming torches ‘gainst the sky, Sway in the wind, leafless and gray. ‘The hills and fields have cast aside ‘Their robes of russet, gold. and red, And what delaying green remains Lies bidden in & snowy bed. Sefily I send s backward thought ‘To summer and hér golden hours, And what a weary long way off Seems Spring with all her silver showers. —Heen A. Beard, in Chautauquan, FOR THE PLAINTIFF. The Testimony That Secured to the ‘Widow Her Rights. The two-masted schooner “‘T. F. Bax- ter’? was owned and commanded by Captain Baxter. The season had been » good one and the Captain had made money. He needed what cash he made, for the season before that one had been very dull, and it was all the Captain could do to keep th@vessel in his possession. But this particular year had been so for- tunate that he paid off the mortgage on his boat and had something left over to carry the family through the winter. There had been a terrible storm in September, but the Baxter had weath- ered it, through the ski}l of the Captain and the staunchness of the boat; but it had been a close call, and the Captain, who had up to this time carried no insur- ance except what he had put on when he mortgaged the boat to secure the lend- ers, now effected ten thousand dollars additional, so that if the good ship went down his family would not be left penniless. The September storm had worked greatly on his mind, and the tourre he felt during the gale, when he knew that if the boat was lost only a small amount would come to his family, made him resolve never again to take such risks. The insurance ran out on November 1, the Captain expected to have the boat laid up by that time; but freight went higher and higher, and additional trips became more and more tempting, and when the storm of October 30 be- gan it found the “Baxter’’ on the open lake, but just where will perhaps never be known. Part of the ship’s boat with the name “Baxter” came ashore, and that was all that was left to tell the story of the wreck. ‘Went down with all hands,’ the papers said. Then came the question of insurance. The companies banded together and re- solved to contest the case. They claimed that the “Baxter’’ was a staunch boat and that she had ridden out the two days’ storm of October 30 and 31, and that she had been lost on the 1st or 2d of November when the insurance had expired, and it rested with the plaintiff to show that such was not the case. The lawyers for the plaintiff knew that they had a pretty poor chance to show this. They had not much hope of securing a verdict. But they knew that their client was a widow who had Jost her husband in that gale, and they trusted to a strong appeal to the jury, who are very apt in such cases to sym- pathize with the unfortunate and pile on the damages on a soulless corpora- tion. What the chief counsel for the plaintiff feared was that the judge would so plainly direct the jury to give a verdict for the companies that those twelve gentlemen would have no chance of letting their sympathies take the place of good law. Mrs. Baxter’s lawyers were feeling rather blue over the aspect of affairs on the second day of the trial when word came to the senior partner that a man wished to speak with him on im- portant business. After a short ab- sence from the court room he returned with a person who was evidently a sea- faring man, and said : “Your Honor, we desire to place an- other witness on the stand.” The other side at once objected, and said it was very unusual at that stage of the case, and desired to know what his brother intended to prove. “We intend to prove the date of the loss of the Baxter. I wish to cail Ja- cob Swanson one of the survivors.” At this extraordinary announcement there was a sensation, especially among the reporters, each one of whom wa: cursing his bad luck in not getting hold of Mr. Swanson himself and thus se curing a sensation for his paper. The Judge overruled the objections of the attorneys for the companies and clected to hear what Mr. Swanson had to say. His Honor added that ample opportu nity would be given the defense to show that Mr. Swanson was an impostor, a: they had rather plainly intimated. Ja cob Swanson took the witness stand and ‘was sworn. He wore a heavy beard, et that only served to emphasize the ess of the uncovered part o! his face. “What is your name?” « “Jacob Swanson.” “Are you a citizen of the United \tes?”” “Yes, but I was born in Sweden.” “What is your business?” “Lama “Were yo when she was lost?"’ “uy oWher “In De “How many voyages did you make on her?”” “That was my second voyage.” “When was she lost?” “On the night of the 30th of Octo- xrd the ‘Baxter d you ship on her?” | ber.” “Are you sure of that!’" “Yes, sir.” “That is all, your Honor. The lawyers for the other side took the witness in hand. “Do you know that a great deal de- pends on your testimony in this case?” “Yes, sir.”’ “Oh, you do, eh? You know that my clients will have to pay a large sum of money if what you state is true?” “Yes, sir.”’ “You have some interest in the ver- dict, then?” “Yes, sir.” “Oh, you have? I like a witness that is frank. You would not tell a lie, I suppose?” “I have done so.”” “Have you? Did you ever perjure yourself before?” Plaintiff’s lawyer—‘‘That is not a proper sort of a question to ask a wit- ness.” iT propose to question him my own way.’ “But I submit that such a question is not a proper one.” “He has just confessed himself to be a liar, and I propose to see whether he will confess to perjury as well.”” “I think many of us might confess to telling a lie, if we were only honest enough.” “I hope you speak only for yourself, sir; I must protest—”’ His Honor—“‘Please to continue the case. The witness has answered very straightforwardly so far. I think Mr. Bounce will not insist on the question.”’ “Very well, your Honor. Now, sir, was any inducement offered you to come here and testify as you have done. ?”” “Yes, sir.” “Oh, ho! An inducement was offered. I hope the jury will take note of that. Now, my man, who offered it to you?” Opposing counsel—‘“‘I object.” Objection overruled. “Who offered you the inducement?” “Captain Baxter.” “Oh, indeed. Isn’t Captain Baxter drowned?” “No, sir.” Sensation in court. “Where is he now?” “At the bottom of the lake.”* “I thought you said he was not drowned.” “He was killed.” “What inducement was offered you?” “An oath.” “I do not understand you.” “I swore an oath to Captain Baxter that if there was a suit I would come here and tell the truth about what I was asked.” “Indeed. And this oath, I suppose, was duly administered during the storm?” “Yes, sir.” *‘Where?”” “In the cabin.” “Why were not both you and the Captain attending to the navigation of the vessel?” “Because the vessel was beyond help at that time.” “Had she gone down?” “No, sir, but she was on her beam ends practically. The man at the wheel had been disabled and the Captain sprang into his place. The next moment and before the Captain was prepared for it, a big sea struck the rudder and the Captain was flung against the corner of the cabin. The vessel came round and the next wave tore off the hatches and partly filled her with water. She heeled over so that we knew at once in such a sea we could do nothing with her.” “Was the Captain killed outright?” “No, he staggered or fell down the companionway into the cabin and called for me and—"’ “Stop a moment, you are going too fast. Don’t volunteer information un- til you are asked for it.” His Honor—*Mr. Bounce, I would suggest that you let the man tell his story of the wreck and that you ques- tion him afterwards, I confess I would like to hear his own story of this trage- dy. Now, Mr. Swanson, tell in your own way what happened.”” “Well, sir, the Captain called for me and he said: ‘Swanson, I’m killed and the boat is lost." I was going to speak but he wouldn’t let me. ‘Listen to me, Swanson,’ he said. ‘What day is this?’ ‘Thursday,’ I said. ‘Yes, but what day of the month?’ ««I don't know,’ I said. ‘There’s a calendar in on the wall,’ he said, ‘look at Thursday and find the date—hurry, for God’s sake—the boat is sinking! Thad hard work finding the date, for the cabin was partly full of water and the lamp was burning dim, and every thing was sideways on account of her being heeled over, but I got it and saw it was the 30th. ‘Now you remember that,’ cried the Captain, ‘and remem- ber my family. See if there is a book on that shelf.” I looked but there wasn’t. ‘There must be,’ said the Cap- tain; ‘look again.’ Then I saw a book floating in the water. ‘Is that it? I said. ‘Yes,’ said the Captain; ‘that is my wife’s Bible, bless her. Now, Ja- cob Swanson, you are the best man on this boat—the best sailor I ever had— j but when I turn lips and swear 1 not keep you nd babies it before swore and put tnat book t “Whatd “I went to had fallen on i ain out—he across the table, him over he was We got dead. Then and—”’ “How many of you?” “Four. One was disabled and he died before we got far. Then the boat upset when we got among the break | ers and the other two were drowned. | I clung to the bottom of the boat and kept repeating my oath.”” Mr. Bounce—‘‘Now, my man, what has kept you concealed all this time? Why have we never heard of you until now?” “I had no money, sir. “But you seem to have told no one of the wreck?” “No, sir.” “Why was that?” “No one questioned me.” “That is a rather thin story. Doyou | know any one here?”’ “No, sir. I know the man who shipped me. His name was Brown- | ends His Honor—“‘Is there such a man in the city?” Plaintiff's counsel—‘He is in the courtroom, your honor. He was agent for Captain Baxter.” “It might be well to call him.” “Stop a moment. Do you recognize Mz. Brownson here?” “Yes, sir. There he is.’’ In the examination of Mr. Brownson it was shown that he remembered hir- ing Swanson. “Now, Mr. Brownson, you ship a good many men in a season?” “Yes.” “Then how is 1t that you remember this particular one?” “Well, he is not the sort of man that one is likely to forget. Besides, I thought he asked too much money, | and we had a talk about that; but he seemed a good man and I engaged him.” The jury found a verdict for the | plaintiff without leaving their seats. The body of Jacob Swanson was | found on the sands near where the boat had come ashore on the day that the | verdict was rendered. It had evidently been in the water for many days.—Luke Sharp, in Detrowt Free Press. Wonderful Cures, W. D. Hoyt & Co., Wholessle and retail druggists of Rome Ga. say: We _ have been selling Dr. King’s New Discovery, Bitters and Bucklen'’s Arnica Salve tor four years. Have never hand- led remedies that give such general satisfaction. There have been some wonderful cures effected by these medicines in this city. Several cases of pronounced consumptior have been cured by a tew bottles of Dr. King’s New Discovery, taken in connection with Electric Bitters, We guarantee them always. Sola by all druggists. 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