The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-02-27

were the bills uponf''
The counsel for the defence objected to this
question on the ground that the bills Themselves
should be produced in court as the best evil
dence on that point but the prosecution remOV-
ed the objection by proving that the bills had
passed through several hands since, and had fl
nally been taxed west by a drover to purchase
cattle, and THAT it was impossible to procure
them. Auswer--'I cannot recOlect the bank. "
WAS it the Globe Bank, of Bostoni" The
counsel for the defence again interposed, and
objected to the question on the ground that it
was leading question of the most ObjeCtional
! character, aud put too, by the examining party
to his own witness, The court oVenuled the
objection, and suspended the general rule
on the ground that the witness, though no
doubt honest, was from the very nature Of the
case, aud by reason of his connection with the
prisoner, an unwilling witness. The old man
cast another imploring look upon the District
Attorney, but he disregarded the silent appeal,
as it was his duty to do, and pressed the wit
ness for an answer.
81 cannot swear pasitiVely, but think that
was the bank, replied the witness.
''You say, then, that you have no dOubt that
they were upon the Globe Banks"
"Oh, no! mol did not say that cannot
positively say, but think they werel would
not Perjure myself to save my child"
The old man buried his face iu his hands and
wept bitterly; and many an eye in that crowded
court room was moist In sympathy with the
fathers distress. The prosecution here rested
their case.
Counsellor M, in behalf of the prisoner, ad-
dressed the jury briefly in opening the defence
He said that as to the commission Of the crime
by some one there could be no doubt. That a
chain Of circumstances, partly accidental, and
partly resulting from aaeoincideuce Of indepen-
dent events, highly proper and commendable in
themselves, and which he trusted he should be
able satisfactorily to explain, connected with a
deep laid scheme Of fraud and villainy, involv-
ing in another not only the crime here charged
upon an innocent and unoffending girl whose
character up to this time had been above re-
proach, ont also the deeper and more damning
crimes Of conspiracy and perjury most FOUL,
That he trusted with the aid Of facts within the
knowledge Of the defence, and of uDimpeacha.
BILE evidence which he should be able to pro.
duce, not only to explain away all evidence on
the part of the prosecution, that made against
the prisoner and to set her character in all its
pristine purity before all men, but also to fix
the double guilt beyond all doubt upon the real
party. That if he should succeed as be antcl-
pated, in shielding a really innocent person
from the mistaken vengeance of offended jus.
tiCe, it was all the reward he asked; and he
trusted in God and in the righteousness of the
cause in which he was engaged, to be able to
show the character of the accused as pure and
| spOtless as the MONDAY sun in heaven.
There was a breathless stiffness throughout
the court house during the progress of these re-
marks. The confident manner in which they
were uttered, in the face of testimony so as.
founding, which had carried conviction TO al
most every mind, Of the prisoners guilt, ava
kened redoubled interest, and caused pain
full idea in the minds of the more rejecting, that
possibly in the silent workings Of their OWE
thoughts, they had condemned the prisoner too
soon.
The gentleman who had held the mortgage
was the first witness called by the defence
| He came into the court room few moments be-
| fore with the drOver TO whom he had paid the
money, accompanied by William johnson, who,
it now came out, had been to seek him in Ohio
and bring him back as a witness in the case
The mortgage testified to the payment BY him
to the drover Of the same bills he had received
from the prisoners father, but he could not
| identify the bank. The droVer, however, swore
positively, that they were on the Granite; and
not on the Globe Bank. That he noticed and
remembered them particularly, as tens and
1 twenties. check letter "B, and that he had
paid them out for stock in small amounts at a
time, except two or three of the bills which were
then in his possession, and which he produced
! in court.
! After having been searchingly cross-question
| ed by the District Attorney without varying in
! the least from the previous statement he was
permitted to withdraw, and William johnson
was called upon the stand After having been
shown the letter which accompanied the pack
age Of money sent to the prisoners father, he
was asked
"Have you ever seen that letter befOre7"
"Yes."
"Can you or can you not identify the hands" "
IL can. wrote that letter myself, and sent
/ it with the money that accom- panied it to Mr..
Kendall. | drew it from the Granite Bank, of
Boston, on a check in my own name. From
motives Of delicacy, it was kept secret at the
time; aud when explained it to the counsel for
the defence, by his advice it has been kept a Sc
cret until now.
There was confusion and excitement in the
court room, and il was some time before quiet
could be restored. He said, in answer TO the
District Attorney on the cross examination, that
be had no secresy or delicacy about the matter
now; that he had been for some time engaged
to the prisoner at the bar, and that, unknown
to any one, he bad taken on himself the privi-
lege Of discharging the indebtedness Of man
whom be had known and hOnored in early life,
and who was the father Of his intended wife,
The Teller Of the Granite Bank fully corrobo-
rated the drawing Of the funds by johnson, and
produced the identical check on which they had
been drawn.
Miss Mason was now recalled, and asked il
she had lately purchased shawl Of Campbell &
Co.; to which she answered that she had and
that the price was twenty dollan.
Question whom did you receive thu
money you paid for it7'
Answer.-"of Miller, one Of the witnesse
for the prosecution"
! The clerk Of Campbell & Co. produced tn