The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-23

place that he viii not indulge ~ II and maintaining
il informs that he win not tranple on the dead
i / this Barlow beforebut how does he ap-
pear to you? What impression has this man left whom
the lawyers-no the law not the cour-but few law
have earnestly attempted to degrade in your es
ma;ion--haye cast ban upon and excommunicated so
peremptary from the society Of all good men2 care
very little for his estimonywe had other evidence sa
Gent 10 establish the facts he has proved but believe all
some respects have acted ooishyhe may have been i'm
prudent but have every believe that he Is not
dishonest Within half hour after il occurred he told
Mays and Sullivan Of his visit TO Colonel Harneys and the
conversation with Butler and after this he related
the fact to Mr. and Mrs Crenshaw Yet Mr.. Carpen-
tells you that he fabricated the story because he
fascinated with the idea of assocating wealthy and
aristocrac amiiybecanse he sought to obtain view of
the interior of the house of Mr. Robert Ward How do
they reconcile this with the fact that he then made the
statements which he has made here three witnesses
of The highest intelligence and respectabity He stands
confirmed ms far as witness be confirmed; and any
stain has been cast upon him here it has only been done
by the lawyers who have made him the subject Of their
abuse He has proved the most unexceptonable character
by the mayor OF Louisville and other gentlemen who
empuation in Of the law and Of his fsllowc
he is perfectly credible and far any testimony he
has given in this concerned he may be relied by
you safely any other witness who has testified in It.
These statements of Butler to which Barlow has deposed
accord perfectly with the testimony Of Robert Ward You
could expect no details from man under such circum
stances and in such situation, Buterhe only gave
general description Of the occurrences but Robert has
given you the details. And Prof Yande who pres
ent at the time does not tell YOU like DR., Thomson
that Ward came to the schoohouse cursed him. struck
him. and shot him. but gives quite another account Of his
statements lie speaks OF him raising his hand, as he
thought to indicate that the accused had elevated his In
threatening manner but You all know how common the
habit of raising the hand in conversation is with
men Dr. Thomson it seems heard word of those state
ments which made to Prof Yandell and the dis
crepancy between them is not surprising for as they were
engaged Mt that moment the Of the occurrence was
matter OF secondary mportancenot one OF peculiar inter-
est to them.
Here gentlemen, beg leave for moment to
circumstance which must confess has surprised me- 1t
the general evidence of the schooboys that Ward
tered the house with his right hand in his pocket and ges
uculaed with the fingers of his left Is it not wonderful
that fact so immateralso little likely to attract atten
tionas the circumstance that gentleman had his hand
in his pocket and which of the hands he had there should
be remembered with much accuracy by many of these
witnesses SO long after its occurrence But you perceive
here No doubt Sturgus thought was important to show
that the right hand on the pistol all the time as in
sort conspiracy with it to act jointly at precisely the
proper and rather than destroy this hypothesis
they would have you believe that if the accused struck
blow was with his left hand Now you readily per-
why they would like to keep the right hand OF Matt
Ward that pistol during the whole time and have
that these boys have and heard the state
men made in many conversations held for the purpose
of assisting their memories that they convinced
the hand really that position and that they saw it
| there
Again they contend that Butler struck if he struck
ALL with the left hand and therefore that the blows could
have inflicted injury. Now if his right hand had been
long and utterly crippled they have attempted to
show 1t must certainly have been non-combatant and
the left hand learned years before perform
all the Offices of the right Thus their presumption is e
| fectually destroyed
You have been sitting here gentlemen for eight days.
Can you tell whether your hands were in your pocket
when you came in this morning, any other morning.
Can you tell the position of the hands Of any of the
they address you face to facet Asyouhave
been seated at home in your house and visers have
entered you recoect the position Of their hands2
Yet fact trivial and unimportant at the me-one
which could then be of possible inerestor no dif
Guilty apprehended until Butler had colared Wards
related with this minuteness would suppose that not
another human being in the form of man ever entered
that schooroom, in regard TO whom many boys can
recoect distinctly the position of his hands Whether
the hand in his breeches his coat pocket Is not
matter OF so much Importance and therefore not remem
bcred WE'LL Gentlemen you must be convinced that the
recollection Of such fact under such circumstances is ut
| tery impossible.
And he geseulated they say, with his left Why should
he not let the right hand do the right hands work why
should ii be kept that psto The fdea absurd All
the circumstances show that he at first expected no diff
Guilty Who believes this Who does not know that
however unconscious of it the boys may be this is the
work of strained imagination supplying the place Of
strained memory
Sturgus as you have heard had administered whip
ping to the boy a former OCCASION the facts Of which
desired to introduce here but were not allowed to
do So Is il probable that nstigated by his enmty
toward the Wards when he heard of this punishment he
advised Butler TO refuse all explanation and investigation
The circumstances of the case the position of Butler and
Ward their friendly relations the just and reasonable de
nand that made all show the refusal to have been in
consistent with his character and his heart Is IL not
rational inference then that he may have been prompted
by the sinister suberranean motives Of another man. who
desired minister to his anger and iii feelingf
think it was not like Butler when he was asked such
question, by he knew so well, and esteemed so
highly button his coat and answer haughtly: VI
am not TO be nterrognted srn But IL like Sturgus
Gentlemen, | am consuming much Of your time, but
believe is clearly comprehended by you think
have made up the facts and made out the law think
Won are satisfied that the pistol fired so far as we
can Judge until there other Of rescue for the
prisoner from the peril Of his life Of great bodily harm
think you understand the principle that the law holds all
such boodshed jusfable-tbough blamabe yet excusa-
Bile This then is the condition in which the prisoner
stands and upon these plain facts and these great prnc
4 pies think may base my argument
But there other points in this to which feel 1t
nv duty TO refer Notwithstanding the circumstances we
have out this young has been prosecuted and
denounced the first Of the vest Of men, and
of murderers He has been held up the world as the
perpetrator Of deliberate and dabolica outragean act
Of hendsh algnity for which there particle of
mitigation For months and months he has been thus
pursued with Misrepresentation and rcyilngs Ihs YER
sion of his has been spread upon the wings OF the
wind through the columns Of the press Now, matters
not in effect whether these publications. were made from
the basest of motives in all sincerity and truth by
those who were deceived by his persccuorshey were
made These runors have gone abroad anticipating the
result trial but see how little his real case ts
i like the one that been represented to the world.
/ Ills only refuge Is in your verdict Through all this
persecution these rcvings he has passed thank
God he waits the decision of your calm judgment said
his persecution over but through those associated in
the prosecution Of this with my friend Mr. Allen, IL
all seems have been concentrated here The first OF
them Mr. Carpenter, eloquent in denunciaton OF the
prisoner What necessity there for ths2 1t is his
duty convict upon the law and the testimony but what
right has he to from you to the accused and assure