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For a moment the import of this did not penetrate to Keith's understanding. Then he half rose, shouted "What!" and sank back stunned. His brain was in confusion. Only dimly did he hear the judge dismissing the jury, remanding Cora for retrial, adjourning court. Instantly Cora was surrounded by a congratulatory crowd. Keith sat alone.
Old man Saylor, dispensing with the services of Squire Putman, insisted that Cornwall try his case alone and fix his own fee; but not being acquainted in the county, he asked Judge Hurst to help, particularly in selecting the jury, and paid him $150.00 of the $500.00 fee charged Saylor for services in the Court of Appeals and the retrial of his case.
When cases arose involving its decisions, they allowed a retrial of the entire case from the beginning, permitting the introduction of facts which had been designedly withheld by the carriers in order to undermine the influence of the Commission, and sometimes they reversed its findings and so dulled the effectiveness of its labors.
On the other hand, great numbers of fair-minded people asserted that no man, however distasteful to themselves, should be convicted on such flimsy evidence. His trial was watched with great interest, and when he was convicted and an appeal was successful and a retrial ordered, upper class Rome seethed with altercations.
Keith immediately moved for a retrial, and began anew his heartbreaking labours in forcing a way to definite action through the thorn thicket of technicalities. At the same time, on his own account, and very secretly, he commenced a search for evidence against the attorneys for the defence. By now he possessed certain private agents of his own whom he considered trustworthy.
She also asked that he come and see them before their removal and gave the new home address. He intended riding over to Straight Creek before they moved, but court was in session and he was very busy. When he did make the trip, he found the house deserted. He saw no member of the family until the February term of the Bell Circuit Court, which Saylor and his wife attended for his retrial.
They were all found to be innocent later, on the retrial at the Appeal Court. This had not tended to promote harmonious relations between the two peoples. Various notices and appeals were circulated among the people. Many of them, issued by the leaders, strongly urged the people to avoid insulting behaviour, insulting language or violence towards the Japanese.
There can be no retrial, for Webster is dead, and his power died thirty years before his form was laid to rest at Marshfield by the side of his children and the wife of his youth. Oratory is the lowest of the sublime arts. The extent of its influence will ever be a vexed question. Its result depends on the mood and temperament of the hearer.
In November the Court of Appeals reversed the case of Saylor against the Commonwealth and remanded it for retrial. Saylor gave bail in the sum of three thousand dollars and was discharged from custody.
Hillstrom was offered a commutation of sentence and he refused to take it. He wanted a retrial or an acquittal. When the President of the United States had interceded with the Governor of Utah, when various labor organizations asked that he be given a retrial, and a man's life is to be taken from him, and people all over the country ask for a retrial, that certainly should be granted to him."
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