New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-05

his mistake, only when 1t was too late to be
remedied.
With a feyered brain, and almost wild with
excitement, assembled to the Courtroom, which
| was already crowded with spectators, all anxious
| for the punishment of my client. and expecting
nothing but a subject Of merriment in,the feeble
defence of the young lawyer. The trial pro-
ceeded without a word on my part until the de-
| position of Mrs Majors was offered. / objected
| to its going to the jury on the ground that the
wife could not be a witness against her husband.
This was merely a ruse to provoke a little sar-
| casm from the State Attorney, that l might be
| the more justified in answering him in the same
style when the proper moment arrived.
| ssWhen the young lawyer has practiced law
sneering tone, I" he will learn to make objections
of this Kind to deposition before the jury is
sworn
| A litter ran through the house, which seemed
| to say, how green he is p
The court decided that my objection came too
| late; but by way Of consolation remarked that
| the wife was competent witness against the
husband where she was the injured party.
| The State Attorney went on with his testimo-
ny, and as though afraid to speak lest might
be wrong, sat in silence until the prosecutor
had rested his case AS I had hoped, no evil
dence was addueed upon which to found a con-
viction beyond the deposition Of Mrs Majors.
No one had seen or known about it except by
hearsay, and relying solely upon this deposition,
the prosecution had neglected to adduce any cir
| cumstantial evidence whatever.
When called to proceed with the defence, I
rose and said:
ssIf the court please, I now move to strike
the deposition of Mary Majors from this case,
and as the ground for this motion, read from the
constitution of the State Of Iowa. In making
provision for criminal prosecutions, it says
The accused shall have compulsory process to
procure testimony, and shall be confronted
aDiM the nitness!' In this case, your honor,
the accused was lying in jail some six miles
from where the deposition was taken. This pro-
vision, therefore, has been violated; the testi-
mony is incompetent, and was illegally permit
ted to so to the jury"
sIf the court please" replied the State At
torney, 'sthis deposition was taken by agree
ment, land, therefore, | hope the court will not
permit the gentleman to come in and stutify
himself in this way. The precedent would be
bad in practice, and serve to impair all conf
dence in professional agreement"
contended, in reply, that I had waived no
right OF my client by my consent to take the
deposition-that the terms of the agreement
were that e all objections should be reserved for
the decision of the court;'' that was not dis
posed to consult the convenience of the gentle
man as to the proper time to make objections,
and that l. 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 a frown, said
g | am compelled to sustain this motion, but
it is with reluctance that / withdraw this depo-
sition from the jury. More especially am |
panied to see q young man, just starting in an
profession, and without tiattery | may
ofc
violate his word. No confidence can hereafter
be placed in his professional agreement
sat In silence under this, as | considered
rebuke, nor faltered moment in my
to save my client even at the sa-
crifee of myself
The State Attorney then asked for a con-
tinuance; but upon being informed by the court
that he could not again put the prisoner on trial
for the same offence, the case was submitted
with short arguments, and after an absence of
fifteen minutes, the jury returned verdict of
. Not Guilfyf"
Here might properly drop the veil and close
1hls sketch; but owe duty to the reader who
las had the patience to follow me thus far in
ny prosy style Of narration.
For months after this trial I was sighted by
he ladies, Stunned by society, avoided by my
friends, and pointed at as the lawyer whose ras-
ality had saved from the Penitentiary the
lSatSo0 VI ueS ph'tt EVER slitHeu humanity But |
bore it patiently, for I felt that within which |
ssured me that had done only my duty.
Mrs. Majors fingered until December, and |
led with full assurance of life beyond the |
rave. Majors never tasted liquor after his |
rial, but his constitution sinking under disease,
e died the following April, fully impressed with
he belief that he should meet his Mary in |
1eaven, where their sorrows and sufferines |
7ould forever cease.
| Immediately wrote to his father who sent
yer for the children and adopted them rs his
wn. As returned to them the history of their
United mother, 1 felt that all this worlds scorn
'uld not weigh against the reflection that had
wed their father from the conviction of
lony.
And now, as call up the past, memory loves
dwell upon this oasis in my desert life, and ]
least feel no regret for the course | then pur-
led. But | will leave the reader to moralize
nd should but q single danger be avoided from
perusal of this sketch, shall feel amply re-
aid for giving to the world q history of Is My
irst Case