The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1842-09-29

ed 10 defend Mrs. Phelps. indiel.d for
murder. This ~omsn was lie VIE of
> Iespeelsbls larmsr. and had hitherto LEI
ablameless and correct life. One day. in
her own house. taking some olTsnee 81 =
Miss Phelps. her sister III Law. she le,ei.
led gun. and shot her through the hssrl.
The poor girl had nnly time n exelalsa.
/" Sister, you have killed me-" and sx
pred Gnal interest vas eKeilsd IN The
case. and The rnun Was crowded 10 a,er.
flowing on The day VI trial. or The fact
Of The hcmIeide there could be no doubt.
!, ~ss conmiIied is The presence 81 VT
nsssss. and lhe only question was. 10
shat el@ss Of crimes did The offence be-
long. lii were pronounced murder in The
FIRST degree. The life e The wrriehsd pri-
snnrr would be the forfeit; bot. II man
slsughlsr. she would be punished merely
by confinement in The gsul or penu+nlis-
". The legal contest les long and able.
The Efforts Of The council for The pf0secu-
lion were strenuous and earnest; bul Mr..
Clay succeeded not only in saving The
life Of his client. but 90 moved The Jury
in her behalf BY his eloeuence. ihsi her
punishment Was made Is light az The Law
would allow. He gained much define.
lion by The ability he displayed in This
ease, end ihtnctlorihlii was considered a
grta object 10 enlist his assistance in ell
erim,t al suits on the parl Of The defendant.
II 10 singular fscI. thai in The course Of
q 'ers extensive practice in The courts If
criminal Jurisprudence. and in the defence
81 large number Of indi, idusls arslgned
for capital offences. he never had one Of
his clients senienced. 10 death.
Another case, in which he saequired
scarcely less celebrity. VAS shortly sfier-
ard tird in Harrison county. Two Ger
mans. father and son. had been indicted
f"r murder, The deed Of killing vas
proved 10 the entire satisfaction Of the
Couri. and vas considered an sggrsvsted
murder. Mr.. Clsy's efforts were there.
lore directed TO saving their lives. The
trial orcuplsd Eve days. and his closing
appeal TO the jury was Of The most Surfing
and pathetic description. !, proved ire.
sistlbls; icr. they returned verde, oi
granddaughter. Not satisfied with this
signal triumph. he moved an larrest oI
judgment, snd. Alter another days con.
ie.t. prevailed in this also. The con-
sequence was, that the prisoners we're
discharged without even The punishment
Of the crime, of which shr jury had found
lhem gully. -
An amusing incident occurred ., tbs
conclusion 81 this trial. An old. wiihered,
till-favared German woman. who was the
wife Of the elder prisoner, and the molha,
Of he younger. on being informed Of The
surcess OF the final motion for an arrest
nj judgment, and The consequent acqui.,a|
oi her husband aud son. ran tnwstd the
Young advocate IN the excess Of her grsii-
,ude aud Joy. aud ,hro wing her arms sbou
HE meek Kissed him in the eyes Of The
crowded court. Although taken wholly
by surprise. and hardly aauered by blsn
= dishmen,s from such q source, young
Clay acquitted himself upon the occasion
with a grace and good humor. which wor
him new applause from the spec,stors
All great emotions claim respect; and il
this instance 60 far did the sympalhirs o
the audience 90 with The old woman 81
10 diyest Of ri,lieule an act, which. in ,h'
recital. may seem to have psr'sken Prin
cirally Of the ludicrous.
Notwithstanding his extraordinary sue
cess in al The criminal suits entrusted Il
him, the abilities displayed by MIR. Cla!
at this period in civi. cases were no les
brilliant and triumphant. In suits grow
ing gu, Of the land laws Of Virginia su'
Kentucky. he..wss especially Distinguish
ed: rapidly acquiring wealth and popular
ity by bis practice. It's related Of him
that on one occasion, in conjunction viii
another attorney, he was employed Il
argue, ins,he Eayette Circui. Court,
question ofgrea at d,fficul,y-one, in whicI
The interests OF the Iitigant parties wer
deeply involved. TAt the opening Of th'
court, something occurred TO call hin
away, and The whole management Of ,h
case Dissolved on his associate counsel
Two days we've spen, 10 discussing TIL
points Of law. which were to govern th
instructions Of the Court TO the jury, an,
en- all Of The points. Mr.. Cisy's collesgu
was fniled by his antagonist. Al the en-
Of the second day, Mr.. Clay re-entere'
the court. He had not heard word @
the testimony, and knew nothing Of III
course which the discussion had taken
but, after holding very short cousul,aiio
with his colleague, he drew up s,stsmer
Of the form in which he wished the in
strnc,ions OF the Court TO be given TO ID
jury, aud accompanied his petilion wit
a few observations, So entirely novel an
satisfactory. that II was granted wi'hor
the least hes.t,,ion. A correspondent
verdict was instantly s.re.urned: and thu
the case. which had been on the point
beirg dec,ded against Mr.. Clay. ellen
was decided in his favor 10 less than hs
I an hour after the young lawyer had ente
ed The Courthouse.
For an enumeration Of the various cast