Richmond palladium. [volume] (Richmond, Wayne County, Ind.) 1831-1837, 1836-10-08

guilt, and he called On The prisoner for hi, q
PLANTATION.
= The unhappy man turned pale and red
terHateiy, and irembled ~ " his doom h
been already fixed. 10 acknowledges d
40 dispute. and indeed all tho circumstances d
10, posed ny his aeeusers. yet he attasted heav'
~ that no was wholly guiltless.
\" ~ went into the field" said he, ITO "
Nh work, an found the corpse before mo IN u
~ (urr0w, an the pitchfork lynn anear It, q
while was fselin' him to SEQ if he had an
life, because was afeerd they'd say twas
done it, an took the pitchfork with me
. my fright"
Mr.. MOynehan, who seemed affected in ii
strongest manner by the poor fellows ankle
~, was so far from judging him guilty, thu
he peremptorily refused to issue a warrar
of cOmmi:taI, and used all his influence I
Idissuade the friends Of the deceased from pre-
ceeding further against the prisoner. To thi.
however, they would by no means listen
They conveyed the accused before anothe
magistrate, who committed him to jail with
tout hesitation.
The day Of trial came and Mr.. Moynehal
happened to be one of the jury. The EN-
'dence was the same before the judge-hi.
old acquaintance. To the whole court, ex
Ircpt to Moynchan, the testimony seemed
conclusive. He, however, would not listen
to the thought of n conviction. The foreman
made his report to the judge, who reproached
Mr.. Moynel,an severely with his obstinacy.
The latter however was not to be moved, and
the issue was (as the rumor goes) that the
Jury Mshcd and the prisoner was set at lib
crtv.
When the Judge had returned to his lodg-
ings he could not avoid rejecting on the cx-
traordInary clarac ter Of this man, who had
thus, TO crafty favoritc theory, let mIr-
dcrer loose upon society anu set up his own
solitary judgment against the unanimous
conviction OF crowded court. So deeply
did it prey upon his mind, that he sent for
Moynehan, in order that they might exchange
some quiet conversation on the subject.
The latter readily attended on his summons.
My lord" said Mr.. Moynehan, with a Sc
riOus air, on hearing the cause of the judges
'you may remember a conversation
which we hai some time since on tie subject
81. circums:antial evidence!'
"pcrfccty weIl,' replied the Judge.
IL told your lordship them said Mr.. Mpy-
nehan, ''that the time might yetarrive when ]
should have an opportunity of making you a
convert to my opinion"
THAT time, Mr.. Moynefan, is certainly
yet to come-for l never knew case SO
clearly against you, as that which we have
ried to-day. May ! request to know your
easons orsuch extraordinary perseverance
to give it no harsher name!''
"My reasons are at your lOrdshIps ser
ice" answered Mr.. Moynehan, S'provided
hat have your solemn word of honor not
o divuIge them during my own lifctime.''
The Judge, without hesitation, gave him
ne promise he desired.
IL admit, my lord.'' said Moynehan, that
MS case had all the strength of circumstan-
al testimony which you considered neces-
airy, but could not in conscience convict
,e prisoner, for AM MYSELF the slayer }
the deceased
The Judge started back in horror.
''Yes,'' said he, cit happened on that morn I
g that | was in the field before any of my
orkmen. The deceased was the first who
ade his appearance, and l rebuked him for
IS neglect. Being Il man of hot temper, U
. answered me with more than equal warmth
I'd lost all command Of mine. l struck '
m-he returned the blOw-I held the pitch
rk in my hand, and with one more blow ]
lied him to the earth. fled in terror, and n
less than one hour after, the prisoner was v
ought before me. Judge whether had lt
't reason to be constant in my verdict of "
.quittal." u
The judge kept his promise-but from that g
~ forward he was much more cautious in u
ceIving circumstantial evidence on n capital P'
argc. to
W