ntervals the Llano County court met. The
accommodations, however, were inconveniently limited--so limited in
fact that on one occasion at least they were responsible for a sad
miscarriage of justice.

A murder trial was on. One of the earliest settlers, a man well known
and generally liked, had killed a newcomer. It was felt that he had
given his victim no chance for his life, else he probably would not
have been brought to trial at all. And even in spite of the prevailing
disapproval, there was an undercurrent of sympathy for him in the
community.

However, court met and the case was called. Several settlers were
witnesses in the case. It was, therefore, considered a remarkable and
encouraging evidence of Llano County's growth in population when the
District Attorney succeeded in raking together enough men for a jury.
At noon of the second day of the trial the evidence was all in,
arguments of counsel finished, and the case given to the jury. The
prisoner's case seemed hopeless. A clearly premeditated murder had
been proved, against which scarcely any defence was produced.

Judge, jury, prisoner, and witnesses all had dinner together in the
"court-room," which was always demeaned from its temporary dignity as a
hall of justice, to the humble rank of a dining-room as soon as court
adjourned. Directly after dinner the jury withdrew for deliberation,
in custody of two bailiffs.

The house was large, to be sure, but its capacity was already so far
taxed that it could not provide a jury room. It was therefore the
custom of the bailiffs to use as a jury room an open, mossy glade
shaded by a great live oak tree on the farther bank of the Llano, and
distant two or three hundred yards from the court house. Here,
therefore, the jury were conducted, the bailiffs retired to some
distance, and discussion of a verdict was begun. In spite of the
weight of evidence against him, two or three were for acquittal. The
others said they were "damned sorry; Jim was a mighty good feller, but
it 'peared like they'd have to foller the evidence." So the discussion
pro and con ran on into the mid-afternoon without result.

It was an intensely hot afternoon, the air close and heavy with
humidity, an hour when all Texans who can do so take a siesta. Judge
and counsel were snoozing peacefully on the gallery of the distant
court house, and the two bailiffs guarding the "jury room," overcome by
habit and the heat, were stretched a