The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-05-15

pioou,--tne papers winch he was in the act
Of taking from the pocket as the guard
came upon hiHl,--his being found alone
with the body,--and the knowledge that
the quafrrls of the two, or the attacks OF
the victim on the prisoner, had been loud
and frequent. Sill to Mr.. Upham's mind
these accidents were satisfactorily explain.
ed by tie unvarying account given by
Woodburn,-by his firm unilinching denial
OF the, ,accusation,-by his former unim-
pcachable conduct and his repeated rcfusals
tomeet Dunihar ina violent contest. His
AR. his manner was that of one whose
conscience was void OF offence before
God and man,"-hc met the gaze of his
fellow-men with unshrinking steadiness,-
and preserved through the whole such a
look OF calm and noble resignation as had
never been witnessed before by the won
derlng attorney. Then the trust of Emily
was so untounded in her lover, that it
could not fail to impair, some Of its strength
to one with whom she associated as init.
mately as with her lawyer.
O"e month elapsed from the time of his
Imprisonment until the sitting Of the Court
OF the county where he lived, and during
that time nothing had rewarded tho cease.
less efforts of his friends, nothing had been
discovered that could tend to clear away
the clouds Of midnight blackness which
loolned above them, shutting out the clear
heavens and the light OF day. When he
took his place as a blood-stained criminal
before The bar of his country to answer loo
the brutal and heartless murder of fel.
low-bcing, he had nothing to oppose agains,
the overwhelming food OF evidence which
was brought against him, bnt conscious
ness of innocence, and a firm unwayerinp
trust in that God who secth the hearts Of
men.
Numerous witnesses were Called
Among others the young. man who had
been the companions of Dunmnr ON the
fatal night. Two of them sworc that thew
led ssse and vce9spized the prisoner half
Tal hs,liE h fssa a,iigdaf Mas said Ia llasa
tistat'i' 7st ii'sca, sPps6ashihg tliedl near Inc
very spot where their ccmrade met kis
death; that he had concealed himself in
the shade OF large house behind stone
column and waited until they passed by
before he reappcared. They supposed a.
the time that his purpose was to avoid an
unpleasant rcncontrc with Dunmar,-
rs the latter was under the influence Of
wine they did not call his attention to the
hidden figure. On being cross-examined
they said that the engagement between
the prisoner and the sister Of Dunmar was
the subject Of their conversation at the
time they were passing the spot where he
STOOL and that Dunmar had sworn bitterly
to "prevcnt their union by fair means or
foul, adding with an oath ;-"I will be
back here ecforc many minutes to meet
Wha.ely, and we will arrange plan that
the old father of evil himself shall not be
able to unravci or prevent"
The Court shuddcrcd at this awful and
convincing testimony and the hopes OF the
friends OF the accused died within them
Even the evidence of Emily was a link
added to the chain, that bound him she
had hccn present at quarrel between hor
brother and her lover, she had acted as
peace-makcr, and had won solemn prom.
'sc from him that he would not "meet Phlio
IN duel she had seen him enter the
alley where the deed had been cumrnittcd:
and as the import of her words fell on
her car, she covered her face with her
hands and sunk pale and trembling into n
seat.
MIR. Uphaln's belief in the guil,less.
ness OF the accused was strong though
somewhat shakcn,--for doubts had been
permitted 10 creep in unsccn,-and when
he rose for the defence The calm but deter
mined looks Of the jury, and tic serious
faces of the spectators around him struck
terror TO his heart. Ills speech began fee
bly,, for his courage was dampcned,- land
halted on TO its close TO the visible disap-
pointmcnt Of the friends of Woolburn.-
He had moth ng to offer he said no proof
OF the innoccrc, Of the prisoner save the
simple and unvarnishcd tale which he had
received from his own lips:-that he could
tell as il Ind been told to him and to others
repeatedly and without variation;-neyer
had he heard the accused alter it in one
particular, nor falter ns though his imagin-
at'on or memory was al fault He then
related the account given by Woodburn to
Mrs. barley, and the simplicity and earn.
cstncss Of the statement made an evident
impression on the minds of all. This fa-
vorabie effect encouraged Mr.. Upham,
and he proceeded with more freedom.
Consider the peculiar situation of the
prisoner; he pleaded; the hetro,hed hus.
hand OF a lovely and loving girl, around
whom the warmcst feelings of his tender
and ardent heart were woven indissolubly
hound by promise made to dying moth
cr when but ten years had rolled over his