Butte record., 1856-03-08


ten O'Clock, / went to the house of the
deceased, and invited him to join me
in hunting excursion among the hills.
He at once accepted the invitation,
and taking his gun We started together.
After beating about the bushes for
some time, Somers started a rabbit,
which ran down into the hollow near
which l was standing. He requested
me to stand where | WAS, while lie ap-
preached it from the other side. AS he
walked froun the hill, | lost sight of
him. Almost at the same instant |
heard a loud report, and looking up
saw the prisoner rushing toward me,
with gun in his hand. As he neared
me, | discovered that he trembled and
was deadly pale.
"'Save me! hide me!' he said. Pm
murderer
81 asked him what was the matter.
He pointed to the top of the hill, and
then added
$50 Emily, why did I ever know
youp"
"'Tis false!" exclaimed Marston,
frantically. 81 never uttered those
words, and | call on heaven to witness
the truth of what l say"
A smile of bitter malignity passed
over the face of the witness; as he
continued
81 went in the direction which he
had indicated, and there found the bo-
dy, as has been before stated. bear
the prisoner no ill will, and am sorry
to appear against him."
Farley then left the stand, and Sc
veral others were examined, some of
whom, while they testified to the gene
raj good character of the accused, staa
ted that there had been some difficulty
between him and Mr.. Somers, which
to their knowledge had never been set
tied; that at the funeral, Marston had
betrayed the greatest agitation, and
other symptoms of guilt.
The Judge addressed the jury, in
forming them that although the evi-
dence was all circumstantial, it bore
heavily against the prisoner, and warn
ed them not to let their sympathies in
terfere with the demands of Justice
They consulted without leaving the
room, and for few moments, nothing
broke thedeathlike stiffness which pre-
vailed. At last the foreman stated
that they had agreed upon verdict.
SIS the prisoner at the bar guilty
or not guiltyF'
In an instant every ear was stretch
ed to catch the sound.
"Guilty!" was the response.
| The multitude waved to and fro, as
though under the influence of an cleo
trio shock; a wild, heart-piercing
shrek rent the air, and Emily Somers
was borne senseless from the court
room. Women sobbed; and even men
stern, iron hearted men, did not dis
dain to drop few honest tears of pi-
1 ".
edgar Marston," said the judge,
again addressing him, "have you any
reason to show why sentence should
not be pronounced upon you?"
There was no faltering hesitation,
no unmanly terror, in his tones as he
answered:
The laws of my country declare
me guilty of foul and heinous crime
of which my conscience declares me
innocent. My hand may have done
the deed; if so it was purely acciden-
, tai and fate has decided against me;
! but hear me while | swesr that James
Fairly has this day perjured himself
before God and man. On the morn
ing of this sad occurrence | was hunt
ing on the same hill with my accuser.
A rabbit started up before me, and |
, discharged my gun at it. The report
, sounded uncommonly loud, and almost
! at the same moment | heard loud
/ groan. l hastened to the top of the
: hill, and there beheld my friend and
benefactor, weltering in his blood
3 My horror and despair knew no bounds
: l rushed madly towards the foot of the
: hill, where | met James Farley, anG
implored him to go for assistance.
f never used the expressions of which
s he accuses me, although l believed
\ myself to be the murderer. | shall
S soon appear before the great tribuna
above, there to prove my Innocence
: and confound my enemies. | have moth
: ingmore to say"
s At this moment a noise was heart
at one of the doors, and an aged maj
: was seen approaching the witnesse
stand. All gave way before him, ant
e John Fairly stood before the astonish
t ed justice. No hat covered his head
: and his silvered locks streamed wildly
k over his brows, while the clenchec
n hands and glaring eyes bespoke tn
d fearful tumult that ragged within.
: 81 come," he said or rather shout
e ed, ~ come to clear the innocent ant