"When the case came up for trial Thurston appeared as prosecutor. In relating the story of this affair to me, in the summer of 1916, ex- Senator Thurston told some interesting incidents regarding Whispering Smith, who was assisting him in the case. They occupied Superintendent Law's private car and every night Smith asked Thurston to take a walk up the track to a lonely spot and there in a low tone -- hardly above a whisper -- would discuss the events of the day's proceedings.

One night he said: "Judge Thurston, you're not a-goin' to get those fellows. They-ve set the pins against you in this county. McCarthy is the ringleader, and I can settle this whole thing for you if you just let me go down and take McCarthy out, and bring him up here and hang him to a telegraph pole."

Smith night after night tried to persuade Thurston to let him carry out this plan, and the detective seemed very much disappointed at the attorney's refusal to take any steps that were not in accordance with law and order.

"Well, you are going to get left," said Smith, "that jury is set against you."

That evening, just as Thurston was about to leave for Omaha, Smith took him behind the station and whispered to him : "I told you so, but Pm a-goin' to stay here a day or two, and I think Pll get one or two of 'em."

At midnight "Long" Kelly, the train conductor, woke Thurston and handed him this dispatch from Superintendent Law : "Jim got Patsy." At noon the next day Thurston received another dispatch from Law. It was : "Jim got the barber."