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

prevent !e service, and saw her land, took
pity on her, and had her and her children
and things taken to lodging on the quay.
As my brother knows that we have Lon
dod lawyer staying here, he has advised
the poor woman to come and consult you
about the case" rfs7t
@Well, Pllse what can be done. Please
desire the lady to step in"
A lady was shortly shown in. She had
been pretty, and was so STILL but anxiety
was pictured in her pale co,mtenance. Her
dress was plain, but not inelegant; and al
together she had neat and engaging ap-
pearance. rFsr
abe so good as TO sit down. said l, bow
ing, Sand tell me all you would like to
say"
The poor woman burst into tears; bat
afterwards recovering herself, she told me
pretty nearly the whole of her history and
that of her husband.
Lawyers have occasion to see so much
duplicity, that did not all at once give
assent to the idea of Harvey being inno-
cent of the crime of which he stood charged.
There is something perfectly inexplicable
in the case" observed, ''and it would re-
quire sitting. Your husband, l hope, has
always borne good character!
"Perfectly so. He was no doubt un-
fortunate in business; but he got his certifi-
cate on the first examination; and there
are many who would testify to his upright
ness"
And here again my client broke into
tears, as if overwhelmed with her recollec-
tions and prospects.
81 think 1 reccollect Mr.. Harvey's shop"
said l soothingly. at seemed very re-
spectacle concern: and we must see what
can be done. Keep up your spirits; the
only fear have ARISES from the fact that
Judge A. being on the bench. He
is usually considered severe, and if excul-
patory evidence fail, your husband may
run the risk of being-transported." A
word of more of more terrific important to
conclude, stuck unuttered in my throat
'.Have you employed an attorney!" l
added.
"No; have done nothing as yet, but
apply to you, to beg of you to be my hus-
bands counsel"
swell, that must be looked TO. / shall
speak to local agent, to prepare and work
out the case; and we shall all do our ut
most to get an acquittal. To morrow l will
call on your husband in prison."
Many thanks were offered by the unfor-
tunate lady, and she withdrew.
I am not going to infiict on the reader
detailed account of this remarkable trial,
which turned, as barristers would say, on a
beautiful point of circumstancial evidence.
Along with the attorney, sharp enough
person in his way, l examined various par
ties at the hotel, and made myself ac-
quainted with the nature of the premises.
The more we invested, however, the more
dark and observation-disclosures supposing
Haryey's innocence-did the whole case
appear. There was not one redeeming
trait in the affair, except Harvey's previous
good character; and good character by
the law of England, goes for nothing in op-
position to facts proved to the satisfaction
of "a jury, 1t was likewise most unfortunate
that A was to be the presiding
Judge. This man possessed great forensic
requirements, and was of spotless private
character; but, ike the majority of lawyers
of that day-when it was no extraordinary
thing to hang twenty men in morning at
Newgate-he was staunch stiekler for the
gallows as the only effectual reformer and
safegard of the social state. At this time
he was partially recovered from long and
severe indisposition, and the traces Of recent
suffering were distinctly apparent on his
pale and passionless features.
Harvey was arraigned in due form; the
evidence was gone carefully through
and every thing, so far as l was con-
cerned, was done that man could do
But at the time to which l refer counsel
was not allowed to address the court on
behalf of the prisoner-a practice since in
troduced from Scotland-and consequently
1 was allowed no opportunity to draw the
attention of the jury to the total want of
any direct evidence of the prisoners guilt.
Harvey himself tried to point out the un-
likelihood of his being guilty; but he was
not man gifted with dialetic qualities,
and his harangue fell pointless on the
understandings of the twelve common
place individuals who sat in the jury-box.
The Judge finally proceeded to sum the ev-
idence, and this he did emphaticaily against
the prisoner-dwelling with much force OIL
suspicious circumstances of a needy man
taking up his abode al an expensive fash
ionable hotel; his furtive descent from his
apartments by the back stairs; the un-
doubted fact of the watch being found in
his trunk; the improbability Of any one
putting it there but himself; and the
extreme likelihood that the robbery was
effected in few moments of time by the
culprit, just as he passed from the bar of
the hotel to the room which he had occu-
pied. "If" said he to the jury, in conclu-
ding his address, "you can, after all these
circumstances, believe the prisoner to be
innocent of the crime laid to his charge, it
is more than can do. The thing seems
as clear to me as the sun at monday
The evidence, in short is irresistible; and
if the just and necessary provisions Of the
law are not enforced in such very plain
cases, then society will be dissolved, and
security for property there will be none.-
Gentlemen, retire and make up your YER
dict"
The jury were not disposed to retire.
After communing few minutes together,
one of them stood up and delivered the
verdict: it was Gully! The Judge as
| cunad tho crownipo hadOe Of the judicial