The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-05-05


innocence---did the whole case sppear.--
There was not one redeeming trait in the
affair, except Harvey's previous good char
acter, which, by the law Of England, goes
for nothing in opposition to facts proved to
the satisfaction Of Jury. Ii was likewise
most unfortunate tina. A. was to be the
presiding Judge. The man possessed great
forensic requirements, and was of spotless
private character; but like the majority Of
lawyers Of that day--when it was no extra
ordinary thing to hang twenty men in a
morning at Newgate-he was staunch
stickler for the gallows as the only effectual
reformer and safeguard Of the social state.
AT this limo he was but partially recovered
from a long and severe indisposition, and
the traces OF recent suffering were distinctly
apparent on his pale and Passionless fea-
lures.
Harvey was arraigned in due form; the
evidence was gone carefully through; and
everything so far as | was concerned, was
done that man could do. But at the time
TO which | refer, counsel was not allowed
to address the court On behalf Of the pfis-
oner--a practice since introduced from
Scotland--and consequently was allowed
no opportunity to draw the attention OF the
jury to the total want Of any direct evidence
Of the prisoners guilt. Harvey himself tried
to point out the mlikelihood of bis being
guilty; but he was not a man gifted with
dialectic qualities, and his harangue fell
pointless or the understandings of the
twelve common place individuals who sat
in the jury box. The Judge finally pro-
ceeded to sum up the evidence, and this he
did emphatieally sgsinst the prisoner
dwelling with much force on the suspicious
circumstances of needy man taking up
his abode at an expensive fashionable Ho-
tel; his fuTtive descent from his apartments
by the back STAIRS the undoubted fact of the
watch being found in his trunk; the improb-
ability of any one putting it there but him.
SELF and the extreme likelihood that the
robbery was effected in few moments OF
time by the culPrit, Just as he passed from
the bar of the hotel to the room which he
had occupied. If said he to the jury, in
concluding his address, you can but, after
all the circumstances, believe the prisoner
10 be innocent Of the crime laid TO his
charge; 1t is more than can do.
'The thing seems to me as clear as the
sun at MONDAY. The evidence, in short,
is irresistible, and if the Just and necessary
provisions of the law are not enforced in
such very plain cases, then society will be
dissolved, and security for property there
will be none. Gentlemen, retire and make
up your verdict
The jury were not disposed TO retire.
After communing a few moments together,
one OF them stood up and delivered tie ver-
dict; it was GUILTY. The Judge assumed
the GROWING badge of the judicial poten.
tate-the black cap, and the clerk of the
arraigns asked the prisoner a: 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 appear
ed stunned, bewiIdered, as a man but half
awakened from hideous dream might be
supposed to look. He had comprehended,
though he had scarcely heard the verdict;
for on the instant, the voice which but a few
years before bad sung TO him on the brook
side, was ringing through his brain, and he
could recognise the little pattering feet OF
his children, ms, sobbing and clinging to
their shrieking mothers dress, she and they
were hurried out Of court. The clerk, after a
painful pause, repeated the solemn formula.
BY strong effort the doomed man master
ed his agitation his pale countenance light
ed up with indignant fire, and firm and self
possessed, he thus replied to the fearful in.
terrogatoTy:
Much could | say in the name, no! OF
mercy, but Of justice, why the sentence
about to be passed on me should not be
pronounced; but nothing, alas! that will
avail with you, pride-blinded ministers of
death. You fashion to yourselves-out OF
your own vain conceits do you fashion,
modes and Instruments, by the aid of which |
you iondly imagine to invest yourselves with |
attributes which belong only to Omnis-
cience; and now warn you-and it is a |
voice from the tomb, in whose shadow |
already stand, which addresses you-that
you are about to commit most cruel and
deliberate MURDER
lie paused and the jury looked into each
others eyes for the courage they could not
lind in their own hearts. The voice of con-
science spoke, bat was only for few mo-
nents audible. The suggestions that what
grave parliamenis. learned judges, and all
classes OF responsibility sanctioned could
lot be wrong, much less murderous or cru.
Il, silenced the still small tones, and
the startled Jurors.
Prisoner at the bar, said the Judge with |,
lis cold calm voice Of destiny, Il cannot
lsten to such observations, you have been
ound guilty Of leinous offence, by Jury
Il your own countrymen, after patient
rial. With that finding, | need scarcely
ay, entirely ag'ee. am as satisfied of
our guilt asif had seen you commit the
CT with my own bodily eyes. The cir. {
instances Of your being person who, i
rom habits and education, should have been /
boye committing SO base crime, only ag- :
rayates your guilt. However, no matter |
Who or what yon nave been, you must ex.
late your offence on the scaffold. The ,
aw has very properly, for the safety of So
iety, decreed the punishment Of death for
UGH crimes; our only and plain duty is {
, execute that law