The Middlebury galaxy. [volume] (Middlebury, Vt.) 1848-1850, 1849-04-17

man gifted with dialecic qualities, and his bar
angue fell pointless on the understandings Of
the twelve commonplace individuals who sat
in the Jury box. The Judge finally proceed
ed to sum the evidence, and this he did en-
phatically against the prisoher-dweling with
much force on the suspicious circumstance OF
a needy man taking up his abode at an en-
pensive fashionable hotel his furtive descent
from his apartments by the back stairs; the
undoubted fact of the watch being found in
his trunk the improbabity of any one put
ting il there but himself; and the extreme like
lhood that the robbery IVES effected in few
moments of time by the culprit, Just as he pass
ed from the bar of the hotel to the room which
he had occupied. IT, SAID he to the jury, in
concluding his address, you can, after all these
circumstances, believe the prisoner to be in
nocent Of the crime laid to his charge, it Is
more than can do.
The thing seems to me as clear as the sun
at noon day. I he evidence, in short, is ire
sistible; and if the just and necessary provi-
sions of the law are not enforced in such very
plain cases, then society will be dissolved. and
security for property there will he none. Gen
tlemen, retire and make up your verdict
The jury were not disposed to retire. AZ
ter communing a few minutes together, one of
them stood up and delivered the verdict it
was Guiltu The Judge assumed the crown
ing badge of the judicial potenlate-the black
cap; and the clerk of arragns asked the pris-
oner At the bar, in the usual form, if he had
anything to urge why sentence of death should
not be passed upon him.
Poor Harvey burst scarcely look at him
As the sonorous words fell on his ear he was
grasping nervously with shaking hands at the
front of the dock. He appeared stunned, be-
wildered, as a man but half awakened from a
hideous dream might be supposed to look
! He had comprehended, though he had scarce
| w heard the verdict; for on the instant, the
the voice which had but few years before
sang to him by the brook side, was ringing
through his brain, and he could recognize the
little pattering feet of his children, as, sobbing
and clinging in their shrieking mothers dress
she and they were hurried cut Of court. The
clerk, after painful pause, repeated the sol
emn formula. BY strong effort the doomed
man mastered his agitation; his pale countcn-
ance lighted up with indignant fire, and firu
and self-posscssed, he thus replied to the fear
full rnterrogatory =
Much could say in the name, not of mer
cv, but of Justice, why the sentence about &c
be passed on ne should not be pronounced
but nothing, alas that will avail me with YOU
pride-blindcd ministers of death. You fash
ION to yourselves-out of your own vain con-
ceits do YOU fashion-modes and instruments
by the aid of which YOU fondly imagine TO in
vest Yourselves with attributes which belong
only to Omniscience; and row warn you
and il is u voice from he tomb, IN whose shad
ow already stand, which addresses you-that
YOU are about to commit most cruel and de-
liberate murder.
He paused, and the jury looked into each
others ewes for the courage they could moi
find in their own hearts. The voice of con-
science spoke, but was only for afew moments
audible. The suggestions that what grave par
liaments. learned judges, and all classes Of re
spectability' sanctioned could not be wrong
much less murderous- or cruel, silenced the
still small tones and tranquillized the startled
jurors.
prisoner at the bar said the Judge will
his cold calm voice of destiny, | cannot lis
ten to such observations you have been found
guilty Of Il heinous offence by jury of youi
own countrymen after patient trial. With
that finding | need scarce say | entirely a9ree
I am as satisfied of your guilt as if had seen
YOU commit the act with nv own bodily eyes
! The circumstance of YOUR being person who
from habits and education, should have oeen
above committing SO base a crime, only aggra-
Yates your guilt. However, no matter who OF
what YOU have been, Won must eXpiaie your
offence on the scaffold. The law has very
properlv, for the safety OF society, decreed the
punishment of death for such crimes our on
iy and plain duty is 10 execute that law
The prisoner did not reply he was leaning
with his elbows on The front Of the dock, his
bowed face covered with his ouispread hands I;
and the Judge passed sentence Of death in the
accustomed form. The court then rose, and
turnkey placed his hand upon the prisoners
arm, TO lead him away. Suddenly he uncov-
cred his face. drew himself up 10 full height
he was a remarkably tai man-and gaTed
! fiercelv round upon the audience, like wild
animal at bay. MY lord he cried, or rather
shouted. in an excited voice The judge mo-
toned impatiently to the jailo-. and strong
hands impelled the prisoner from the front OF
the dock. Bursting from them, he again sprung
forward, and with his arms outs,re;ched, whilst
his differing eye seem TO hold the Judge spell
bound. exclaimed, My lord, before another
month has passed away, you vii! appear at the
bar of another world, TO answer for the life,
the innocent life, which God bestowed rpon
me but which YOU have impiousiy cas-; away
as thing of nought and scorn ! lie ceased
and he was at once borne oil. The court, in
some confusion, hastily departed. 1t was
thought at the time that the judges evidently
failing health had suggested the prophecy TO
the prisoner. 1t only excited few days won-
der. and was forgotten.
The position Of the barrister in such cir
curns.ances Is ALWAYS painful. ! need hardly
saw that nv own feelings were Of distressing
kind. Conscious that if the unfortunate man
was really guilty, he was at least not deserving
of capital punishment, ! exerted myself to
procure reprieve. In the first place wait
ed privately on the judge; but he would list
en- to no proposal for respite. Along with
number Of individuals-chiefy Of the Society
of Frends-I petitioned the crown for com
mutation Of the sentence. But beng unac-
compauied with Recommendation from the
iudGe, the PRAYER of our petition was OF course
disreoarded the law it was SAID must take us
course. How much cruelty has been exercised
pnder shelter of that remorseless expression!
would willingly pass over the succeeding
IIn.bln 70 save his life, endeavored
70 sootbe the few remaining hours OF the