Butte record., 1853-12-31

that he could show clearly, that II ne coulc
have had the two witnesses from Shasta
present. he could prove his innocence. An
affidavit was read, in which he stated that
those witnesses were materials that by them
he could prove that he collected a sum Of
money equal to the amount alleged to have
been stolen and that he had used all due
diligence to have them present, but with
uot effect This had stripped him Of the last
possible chance and made him stand a mar
tyr; and that his liberty reputation, and
perhaps his life, were to be offered up sacri-
fice--a victim to circumstances, hunted down
like the stricken deer by hungry hounds; who
wanted to suck his last drop of hearts blood
He paid the District Attorney, Mir Sexton.
very hattering compliment; that while he had
faithfully discharged his duty to the State, he
hid during The whole proceeding exhibited a
spirit Of fairness and magnanimity that he
little expected. rs public opinion was So much
against him. he thought that an impartial
trial would be hardly possible. He scored Col
Baker, from the start accused him Of taking
blood money from the old lady, and yolunta-
rily presenting him beyond that point nces-
sary to meet the ends Of justice He spoke Of
his leaving Weayeryille, to 90 to Rough and
Ready. for the purpose Of sending his wife
home to the Atlantic States, or returning with
her TO Trinity; that he was accompanied ny
stranger by the name of Cummings. as a pas
senger to Marysville; that on arriving at the
house, the complainant. Mrs. Eyoy, was also
passenger; that he treated her with the ut
most degree OF courtesy and Kindness, on nc
count of her extreme old age He here dealt
some heavy blows at the prosecution, for seek
ing to coustrue this gallantry into grounds Of
suspicion as leading to the robbery As he
described the circumstances attending this
robbery, he clearly showed that it might be
the man Cummings who took the money, and
it was very natural for him. when search was
instituted, to have slipped it into his, Har-
per's cloak pocket where it was found. lie
passed from this portion Of the evidence, and
spoke in terms most touching He seemed to
oxult in the hope that eyeh if he were brought
in guilty by that jury. he would be tried by
jury higher and more holy, and that the Su
prcme Judge who sits on nigh would pro-
nounce a verdict Of innocent; and lie trusted
that the day was not far distant when this
jury and this community would look upon him
as prosecuted man, and that circumstances
would transpire showing him as innocent and
spotless as the noon day sun. His appeals
were most eloquent, and brought tears to the
eyes Of many who listened to him II seemed
perfectly free from embarrassment Mt Turing the
delivery Of his speech He remarked that he
stood alone, without friends, money, or inhu
enee. 1t would be Il heart OF stone THAT would
not deeply sympathise with the prisoner when
he alluded to bis aged father and rious mother,
under whose holy precepts and examples he
had been nurtured and prayerlully admon-
i,hed against the commission Of evil deeds
He referred to the Holy Bible, as being 60
authority, and referred to Il certain passage
which seemed applicable to his case
The precise words we cannot repeat but in /
substance is this that an ane; ent and respected !
family consisting of the Father and twelve 1
sons were invited guests to feast and that
after arising from the table it was ascertained /
that silver goblet had been stolen and on
searching it was found upon the person Of ore
OF the.sons, who could not account for it and !
was accused and thrust into prison even BY his /
own Father and Brothers, but subsequently, |
1t was shown that another had put it there and !
he was innocent. This he thought favorable /
comparison. He spoke of his election to the
Senate in % from the counties of Trinity.
klamath &c, and after his seat was declared
vacant he was ebout to make an effort for the
District Judgeship of those counties. that he
had been from boyhood ambitious to hand down
name to posterity high and noble for good
deeds. honorable for the propagation and adj
vancement of those principals which conduce
most to the greatest amount of good to the
greatest number. In conclusion he appealed
to the God that made him, and swore by high
Heaven. by the earth beneath that as he loved
the mother that bore him, that he hoped that
he and his might be racked by pain and tor
ture, that Heaven might shut them out that
the earth might deny him a resting place. if
he was not innocent of the charge Breath !
less silence prevailed as he made this last an /
peal, and his last struggle for liberty COM
mending himselfto the mercy of the Jury and .
to 6 cd the friend of the lonely
His Honor Jud0a Nc( torLle cbo ro,ad .b y ;,...