The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1852-03-06


had been made public and Miss Kendall was
arrested.
Old Mr. Kendall was now caIe, to the
stand The old man came forward with a
falter'ns step. Although he felt in his own
soul that his daughter was innocent of anv
crime, he feared and believed that the weight
of his own testimony would seal her fate
After being sworn, the District Attorney in.
quired-'Did you on or about the9oth dav Of
August last, receive package of money bv
express from this city?'
Answer-'I did
How much money did it contain and in
what denomination were the bills =
Five hundred dollars in tens and twen-
ties
Did any communication accompany the
money. and if SO what was it:'
"A few lines. merely | was directed in
the suppna to bring it into Court This pa
per is the one
Its contents were as follows
Aug. 90, IS.
DEAR SIR:-Plcase apply the accompany
lng five hundred dollars towards the satisfac
ton of the mortgage on YOUR farmland oblirs
one interested in YOU and Yours
Question by the District Attornev,-Is
that your daughters handwriting:
i cannot say positively: 1t is no, her or
dinary hand
/ DO YOU think it is her hand dsguiscd:' :
i can conceive no reason why she should
have disguised her hand to me-
Answer the question, and do not comment
upon or evade it,
The old man really supposed the money
had come from her. and consequently. as the
writing bore some faint resemblance to hers.
he had made up his mind on its reception that
it was his daughters There was struggle
in his breast at the repetition of the question
He cast an implorinr look upon the unre-
lentng questioner. and then turned his ewes
slowly and sorrowfulv upon his daughters
face. H. suppressed hi, emotions however
in moment and then answered slowly and
di>tinrtlv--'I should call the writing hers
What bank were the bills upon ::
The counsel for the defence objected tc
this question On the ground that the bill,
themselves should be produced in court a.
the evidence on that point; hut the proSeru-
ton removed the objection hv proving thai
tie bills had passed through several hand,
since, and had finally been taken west bv i
drover TO purchase cattle. and that it was i'm
possible 10 produce them
Answer-'l cannot recoliect the bank
Was it the Globe Bank. Of Boston,
The counsel for the defence again inter
posed, and objected TO the question on the
ground that it was a leading question Of the
most objectionable charartcr. and put too, bv
the examining party to his own witness.
The court ovcrrulcd the ohic,tion. and sus-
pended the general rule, on the ground that
the witness, though no doubt honest. was
, from the very nature of the case. and by rea
son of his connection with the prisoner, an
unwilling witness. The o!d man cast another
implorng look upon the District Attorney
but he dlsrcgarded the silent appeal, as
it was lis duty to do and pressed his witness
for an answer
4 cannot swear positively. but think tina,
was the bank replied the witness
You say, then, that Won have no doubt
they were upon the Globe bank y
oh, no ;, no did not say that canno,
positively sav.but think they were would
not PERU myself to save my child
The old man buried his face in his hand,
and wrp' bitterly; and manv an eve in tia,
crowded court room was moist in svmpath,
with the fathers distress. The prosecution
here rested their case.
Counsellor NJ, in behalf of the prisoner
addressed the jury briefly in opening the de-
fence. lie said that as to the commission of
the crime by some one, there could be No
: doubt That chain of circumstances. part
: ly accidental, and partly resulting from a co
incidence Of Independent events. highly prop.
er and commendable in themselves. and which
he trusted he should be able satisfactorily t,
I explain, connected with deeply laid schem,
4 Of fraud and viIlainy, involving in anothc,
not only the the crime here charged upon al
e innocent and unoifcnding girl, whose charac
ter up to this time had been above reproach
e but also the deeper and more damnng crime
) of conspiracy and perjury most foul. Tha
: he trusted with the aid of facts within the
= knowledge of the defence. and of unimpeah h
s able evidence which he should be able t,
produce, not only TO explain away all the ev
G idence on the part of the prosecution tha
: made against the prisoner, and to set hel
9 characterin all its pristine purity before al
n men. but also to fix the double guilt beyon,
i all doubt upon the real party. That if ht
:, should succeed as he anticipated. in shield
+ ing a really innocent person from the mistak
Il en- vengeance of offended justice, it was al
j. the reward he asked; and he trusted in Go,
r and in the righteousness Of the cause in which
o he was engaged, to be able to show the char
n acter of the accused as pure and spotless a
f. the noon day sun in heaven