Southern telegraph., 1836-08-09


accompaniment Of justice, seemed to govern
his every action throughout that long and
arduOus trial.
1t has been asked, and naturally so, why
the men that were in the house on the night
ui tho murder, we're not brought forward. It
was also msinuated on the trIal, by the prl-
sOner's counsel, that the person who was ia
Mrs. -TOwnsonds roOIa that night, and the
one that Mrs Townsend let in at three
O'Clock in the morning, BY which fortunate
circumstance the murder was discovered,
aud the FIRE that had been kiRdlcd in Ellen
Jewet's rom, prevented from extending to
aud destroying others, could tell, If they
pleased, who had commiued the murder.
We have taken some pains to ascertain
the facts in the case, and feel certain that
NO person could have conducted the trial
with more ability or with more care thaa
were exhibited by Mr., Phoenix and Mr..
Morris. In the house that night, besides the
girls, there were six persons {men.) The
one spoken Of as Frank Rivers, two stran-
gers, lgenteel men) young man Ia clerk
in the city) and two others, (young mer-
chants of respectability,) Immediately, on
the alarm being given, as is natural to sup
pose, they all fled, alike to prevent exposure
as to avoid the dangerous scene. The gen.
tleman that was with Mrs. Townsend is one
of the latter, single man of good business
standing, and, with the exception OF the
cloud that This might throw around his good
name, one that stands well with his fellow
anen. The District Attorney endeavored to
procure his evidence. He declared that he
could state nothing; he knew that Mrs
Townsend got up. and in short time ne
heard the alarm, hut left the house lmme-
.tliately on the watchmen coming IN, or as
soon as he possibly could. lie said he
could do no good--to bring him on the
stand would niure himself and his bust
ness-and he prayed the District Attorney
to spare him the disagreoable task. A CON
.suItaliOn was held. 1t was found, as he
had stated, that his testimony could be OF no
servce-that to bring him on the stand
would have no effect in subscribing the aim
ofIusice, and that it would be cruelty to IN
flct upon him the stain that he might posi-
blv endure, 1t is feared that too many
men visit such places; their safety is in con
CeaImcnt. The name. in this case, would
have been blazoned to the world, and the
blow could not easily have been recovered
from. lie was not brought forward.
The young men whose names were un-
Il
known, had remained in the room with their
girls until the alarm, when they also got
away as soon as possible. The young man
spoken of as Il clerk, was also in one OF the
rooms, and was reused from bed by the
alarm. lie could state nothing as to the
facts further than that the alarm was given
and that he fled, as early as possible, terri
fled at the sound Of fire and murder that pre-
vailed. lie was of respectable connexions,
plead, with tears, not TO be brought on the
stand, as il would, he said, destroy him in
the estimation Of his employer and his
friends. 1t was found that his testimony
would be of no possible service, and he was
not called.
The fifth that we shall speak of is a
young merchant in the lower part Of the
city. One who stands well in the commu-
nity, and whose evidence would have borne
very considerable weight, He was the one
that Mrs. Townsend let in at three o'clock
in the morning, and could, as he stated
have testified to seeing the lamp in the back
room, and hearing Mrs. Townsend give the
alarm of fire and of murder few minutes
after he came in and went to Elizabeth Sal
ter's chamber. THE latter testified to this
effect on the trial. 1t will be remembered
that there is defect in the law relative to
compelling the attendance of Witnesses
The coroner has power to bind over any
that may have been present when an IN
quest was taken, whom he considers Of i'm
portance ON a trial. The District Attorney
has no power of the kind. He can subpoena
and he can fine for non-attendances, but
there his power ends. In the present in
stance he did every thing that the law ena-
.bled him to do to secure the attendance Of
this witness, but the gentleman said that
worlds could not tempt him to come on that
stand. Although single man, there were
circumstances in his case that rendered il
peculiarly trying for him to do so. The
District Attorney sent an officer TO his store
to subpoena him, and endeavOr to induce
INN to appear. The officer was told thai
he had left the city. The District Attorney