Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-12-17

ed, though he had scarcely heard, the yer
diet; for on the instant, the voice which
but few years before sang to him by
the brook side, was ringing through his
brain, and he could recognize the little pat
Ting feet of his children, as, sobbing snd
clinging to their shrieking mothers dress
she and they were hurried out of court
The cerk, after painful pause, repeated
the solemn formula. By a strong effort
the doomed man mastered his agitation;
his pale countenance lighted up with in.
dignant fire, and firm and selfpossessed
he thus replied to the fearful interrogatory
"Much could say in the name, not Of
mercy, but of justice, why the sentence
about to be passed on me should not be
pronounced; but nothing, alas. that will
avail me with you, pride-blinded ministers
of death. You fashion TO yourselves-out
of your own vain conceits do you fashion
modes and instruments, by the aid of which
you fondly imagine to invest yourselves
with attributes which belong only to ON
niscence; and now warn you-and it is
voice from the tomb, in whose shadow
already stand, which addresses you-that
you are about to commit most cruel and
deliberate murder"
He paused, and the jury looked each
others eyes for the courage they could not
find in their own hearts. TIE voice of con-
science spoke, but was only for few mo-
ments audible. The suggestions that what
grave parliaments, learned judges, and all
classes of responsibility" sanctioned, could
not be wrong, much less murderous or cruel,
silenced the "still, smalP' tones, and tran
quilted the startled jurors.
"Prisoner at the BAR" said the Judge
with his cold, calm voice of destiny, 81 can
not listen to such observations: you have
been found guilty of a hinous offence by a
jury after patient trial. With that find
ing 1 need scarcely say entirely agree. l
am satisfied of your being person who,
from habits and education, should have
been above committing so base crime,
only aggravates your guilt. However,
no matter who or what you have been,
you must expiate your offense on the
scafold. The law has very properly,
for the safety of society, decreed the
punishment of death for such climes: our
only and plain duty is to execute that law"
The prisoner did not reply: he was
leaning with his elbows on the front of the
dock, his bowed face covered with his out
spread hands; and the judge passed SEN
tence of death in the accustomed form.-
the court then rose, and a turnkey placed
his hand upon the prisoners arm, to lead
him away. Suddenly, he uncovered his
face, drew himself up to his full height
he was a remarkably tall man-and glar-
ed fiercely round upon the audience, like a
wild animal at bay. "My lord,' he cried,
or rather shouted, in an excited voice
The judge motioned impatiently to the jail
or, and strong hands impelled the prisoner
from the front of the dock. Bursting from
them, he again sprang forward, and his
arms ou:streatched, whilst his glittering
eye seemed to hold the judge spell-bound,
exclaimed, "My lord, before another month
has passed away, you will appear at the
bar of another world, to answer for the life,
the innocent life, which God bestowed up
on me, but which you have impiously cast
away as thing of fnaught and scornr' He
ceased, and was at once borne off. The
court in some confusion, hastily departed.
1t was thought at the time that the judges
evidently failing health had suggested the
prophesy to the prisoner. 1t only excited
few days wonder, and was forgotten.
The position of barrister in such Cir
cumstances is always painful. 1 need
hardly say that my own feelings were Of
a very distressing kind. Conscious that
if the unfortunate man really was guilty
he was at least not deserving of capital
punishment, 1 exerted myself to procure a
reprieve In the first place 1 waited pri-
vately on the Judge; but he would listen
to no proposal for a respite. Along with a
number Of individuals chiefly of the So
ciety of Friends-I petitioned the crown
for commutation of the sentence. But
being unaccompanied with recommends
ton from the judge, the prayer of our petit
ton was of course disregarded: the law it
was said, must take its course. How much
cruelty has been exercised under shelter Of
of that remorseless expression.
/ would willingly pass over the succeed
ing events. Unable to save his life, en-
deavored to soothe the few remaining
hours of the doomed convict, and frequent
ly visited him in the condemned cell. The
more l saw Of him, the deeper grew my
sympthy in his case, which was that of no
vulgar felon. 81 have been most unfor-
tunate man." said he one day to me. 81
feel as if deserted by God and man; yet /
know, or at least would persuade myself,
that Heaven will one day vindicate my in
nocence of this foul charge. To think Of
being hanged like dog for Cline at
which my soul revolts! Great is the crime
of those imbecile jurors and that false and
hard-hearted Judge, who thus, by an ire
versible decree, cons;gn fellow-mortal TO
death of violence and disgrace. Oh
God, help me-help me to sustain that
bitter, bitter hourr' And then the poor
man would throw himself on his bed and
weep.
But the parting with his wife and child
ren. What per can describe that terrible
interview They knelt in prayer, their wo-
begone countenances sutfused in tears,
and with hands clasped convulsively togeth-
er. The scene was too narrowing and sa-
cred for the eye of a stranger. l rushed
from the cell and buried myself in my
lodgings, whence | did not remove till all
was over. Next day James Harvey, vic
tim of circamstancial evidence, and of a
barbarous criminal code, perished ON the