Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-08-14

The case was called, when Mr.. Eotch.
or arose, and asked permission have
short consultationwith his client, In
the jury room. The request was
granted by the.Court with directions
10 the Sheriff 20 see 70 them. The
Sheriff left them In tho room, and
then put his ear 20 the key hole
Lctcher 10 tho prisoner "You must
be governed strictly by my directions,
Ny speech will be divided into four
parts. Firw, the historical; Second,
tho argumcntative; Third, the reply
Fourth, the sympathetic. You must
oil SIC quiet until ] como 10 tho fourth
or sympathetic part, and then you
will all burst out aloud and cry and
groan .as / proceed 70 q close; the mo.
mont I stop, raise and throw your
arms around your wife's neck, md
kiss the baby Thoy returned into
Court. Tho Jury was empannollcd
and tho evidence given. TWAS con.
elusive against tho prisoner, The
prosecuting attorney opened briefly,
Leiohor arose, NIL cyep upon him, III
tho Court ploase, gentlemen Of tho
Jury, look at my oIIent, look at his
poor wife and Illtlo babe, look at their
aged parents, sinking 20 tho gravel
Oil gentlemen can you find u In your
hoarta 10 send him 10 the ponitentI-
aryY" Az ho uttered tho last word,
the prisoner uttered loud howl,
raised up, stepped forward, aud threw
hIs arms around the neck OF his wife
and kIssod tho babe, while the rest Of
the relatives Joined In the ohorus.-r-
Tho Court--"what docs all this fuss
maanY" Letcher- r-"Only q sllght
mistake your honor, my client mis-
took the historical for the sympathet-
Ical part of my speechi that 10 oil. -
But the play was over, and tho cur,
tain tell on y Judgment and verdict
OF "guilty"--lwo years Ia tho peni-
tentIary-and Letoher returned 20
Kentucky wherehe said tho prisoners
could tell tho difference betwoon tho
0hlstorlcal" and esympathetic' parta
Of speech, phs ,lnnl 4o4
THE HAD coNsEouENoEa or .ouAN0INn
SHIRTS. %
Tho thousand and one amusing
anecdotes that occurred on the cir
cult, will never find their way 20 the
papers. | may be excused, however,
on account Of the parties, for rescu-
ing one of them from tho common
fate. James Whitcomb, Calvin Fletoh-
or, Harvey Grogg and Hiram Brown,
OF tho indianapolis bar, ''put up, as
we say In tho West, NJ tho tavern of
Captain John Berry, nj Anderson
town. Whitcomb was perfect gen.
tleman In his person and dross. lie
must shave every morning and put
on a. clean shirt; but as II was diff
cult 10 get washing done on the cir
cult, he put several clean shirts In his
portmantean, and carried night
shirt 10 sleop In, always changing IN
he went to bod. Mr. Fletcher was %
great way, continually annoying Mr..
Whitcomb, and sometimes others with
innocent TRICKS. Capt. Berry prided
himself upon his tavern, and would
often boastithat '.thero might be bot
ter houses In Now York, ss far as the
table was concerned, but ~ 10 his
beds, they could not be iexeelled In
the United States. q That ho had been
TO tho great Astor House, before he
opened, 10 sec how things were done.
Ie had not boon nj the table min
ute before they presented his bill and
an impudcnt waiter asked him IL he
would have ten or coffee, and whom
he told him he would take toa, he
asked him what kind Of teaj he said,
store tea, TO be sure lie had trav-
ellod tho whole longth of broadway
on Sunday; was invited into church
while the organs were playing, but
excused himself on the ground that
ho never danced, and II he did, ho
would not dance on Sunday A sin.
gle word against his tavern, bis table,
or his lodging room, was taken by the
Captain a. a great insult, and imme-
diately resented without regard TO
persons. Fletcher knew the Captain
well. They were intimate friends.
Taking the Captain 10 one side, Mr..
Fletcher said-"Do you know, Cap
tain Berry, what Whitcomb il saying
about your beds? III do not, what
did he sayY "If you will not mention
my name, as you are my particular
friend, | will tell you.' upon my
honor j will never mention your
name; what did he sayg h'IIe' said
your sheets were so dirty that he
had 10 pull off his shirt every night,
and put on dirty one TO sleep n.'--
l'I'll watch him TO night. Bedtime
came. Captain Berry was looking
through the opening Of the door rs
Whitcomb took his night shirt ont OF
his 'portmantua, and began 10 take
off his day shirt Captain Berry
pushed open the door, sprang upon
Whitcomb, and throw him upon the
bed The noise brought IN Fletcher
and the other lawyers, and after ex
plantations and apologies on all sides
the matter was settled, but Whitcoml
! years afterward. as he told me, founc
out what be suspected at the time
! that Fletcher was ut the bottom ofth,
whole matter. 2 ~ .'''hAf"ini9i >
| 80 ~ va h-s ell 40 s,.o,i4alii
7 sdy- One Of Gov. Shades schoo
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