The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-12-17

! uRNluah knt EAll NNE WAllnNlAA AANA NIINA-tt
in time, woman s love and woman influence
might have saved bin. But now, alas, il Is
too Intel Already the seeds Of death are
spriuging up, aud | fear that he must soon illl
a drunkards gravel | cannot survive him
long, and then, my poor children ler WI oe
alone and friendless ionf father hs afWays
been kind to me; but lately when be been
drinking. he looks 50 wild aRd aels g ostfange-
ly, that / sometimes feel afraid q him.
"a few months since, yoaf grandiathef,
Lord c. wrote 10 your father, saylee that
Il be would leave me behind and take SOU
with him to Ireland, he would fOrget AZ hat
your father scorned the offer. | must BOW
finish this story Of my life, which has been
one Of continued trial and suffering
"When your parents are gone, should Y0n
be restored 10 your rights in the castle OF
Lord c., do not forget ia your prosperity,
that far away across the broad Atlantic, In
Iowa, upon the banks Of the Mississippi cold
in death, sleep your parentsl And now, good
byo May God Almighty bless and protect
You MARY.
warnest interest in behalf Of this unfortunate
pair, which the simple name, MARY 5ign-
ed at the close was very far from disml,ihg.
| Maryl Why, 1t was name had always
| loved Il was a name Byron had imm0rtal-
! lied. Burns had worshipped idOlized BY all
poets, aud rendered sacred by Divine Hnfory
| had always thought II ever | married, It
must be TO some one named Mary!
"My "first case now possessed every attfi-
| butte Of interest necessary to engage my ieel-
ings and stir my energies, That night vas
passed in preparation. Morning dawned pnt
! vet no light broke in upon my dark defence.
/ Majors was doomed man, and | could not
/ save him. The gong announced that @s-sat
! fast was awaiting me, but had rel
nor irclinatiou to eat. The bell starJEea ne,
yes, the hour Of court had arrived. u was
The kuell of departed hope, my case was the
first for trial. Hardly conscious OF the act
aud half craZed by anxiety | nerVously
snatched up the constitution Of the State, and
commenced reading. Suddenly | caught a
glimpse Of hope. The State Attorney had
made blunder in taking the deposition, and
should there be no other testimony against
Majors, | would avail myself Of the mistake
Only when it should be to late TO be romedled.
With fevered brain, almost wild with ex-
element | assembled to tho Court rooms
which was already crowded with spectators,
all anxious for the punishment Of my client,
and expecting nothing but subject OF merri-
ment in the feeble defence Of the young law
yer. The trial proceeded without word on
inv part until the deposition Of Mrs. Majors
was offered. | objected to it on the ground
that wife could not be witness against her
husband. This was merely ruse to provoke
a little sarcasm from the State Attorney, that
] might be the more justified in answering
him in the same way when proper time ar
rived.
"Wheu the young gentleman has praetieed
law as many years as | have" said he, 10 Ms
most sneering tone, ''he will learn to make
objections to deposition Of this kind before
the Jury is sworn.
Attter ran through the house which seem
| ed to say, chow green he is! +"
= The court decided that my objection came
too late; but by way Of consolation remarked
that the wife was a competent witness against
the husband where she was the injured party.
The State Attorney went on with bis testi-
mouy; and as though afraid to speak lest
might be wrong, sat in silence until thepro-
secutor had rested his case. As had hoped,
no evidence was adduced upon which to found
a conviction, beyond the deposition Of Mrs.
Majors. No one had seen or known about it
except by hearsay, and relying solely upon the
deposition, the prosecution had neglected to
adduce any circumstautial evidence whatever.
When called to proceed with the defence,
rose and said:
elf the Court please, now move to strike
the deposition Of Mary Majors from this case,
and as the ground for this motion, | read from
Tue OOubLIbHliOu VI LuG DbAtG VI AuNNs Al
making provision for criminal prosecutions, it
says, "The accused shall have compulsory
process to procure testimony, aad shall Be
| cOa/rORfed fgith lie aCttaeSS." In this case,
your honor, the accused was lying in Jail some
/ six miles from where the deposition was ta-
/ ken. This provision, therefore, has been ViO-
| lated the testimony is incompetent, and was
illegally permitted TO go to the Jury"
''lf the court please replied the State
Attorney, "this deposition was taken by agree
ment and therefore, | hope the court will
not permit the gcltlGmen to come in and stnl-
tfy himself in this way. The precedent
would be bad in practice. and serve to impair
all confidence in professional agreement.
! contended in reply that had waived no
right Of my client by my consent to take the
depositiOn--that the terms Of thu. agreement
were, that ''all objections should be reserved
for the decision Of the cOurt;" that / was not
disposed to consult the convenience of the gen
tlcnan as to the proper time to make objec-
tions, aud that insisted upon my motion.
Every man in the house, save poor Majors,
was Indignant at the course had taken. Even
the court caught the excitement, and turning
to me with frOwn, said:
81 am compelled to sustain the motion, but
it is with reluctance that Withdraw this de-
position from thejury. More especially am
pained TO see young man, Just starting IN an
honorable profession, and without tlattery
may say with fair prospect Of success, thus
| lightly violate his words. No confidence can
be hereafter placed in his professional agree
ment."
sat in silence under this, as l considered
unmCrted rebuke, nor fatered for moment
| in my determination to save my client, even
at the sacrifice Of myself.
! The State Attorney then asked for q cOntin-
uance; but upon being informed by the Court
! that he could not again put the prisoner on tri.
! al for the same offence, the case was submitted
with short arguments, and after an absence oI
fifteen minutes, the jury returned averdiet q
''N0t Gaiitg."
Here might properly drop the veil and
close this sketch; but owe duty TO the read
er who has had the patience to follow me thus
far in my prosy style Of narration.
For moths after this trial, was sighted by
the ladies, stunned by society, avoidid by my
friends and pointed out as the lawyer whose
rascality had saved from the penitentiaFy the
greatest brute that ever shamed humanity ~
But bore it patiently, for felt that within
which assured me that | had done my duty.
Mrs. Majors fingered until December, and
died with full assurance Of life beyond the
grave. Majors never tasted liquor after this
trial, but his constitution sinking under dis
case, he died the following April fully im-
pressed with the belief that he should meet
his Mary in Heaven, where their sorrows and
sufferings would forever cease.
Immediately wrote to his father, who sent
over for the children and adopted them as his
OWE. As / returned TO them the history Of
their sainted mother, | felt that all the
worlds scOrn could not weigh against the