Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-03-13

uislrlCt httotneys anu ne tnen procceueu
to call his witnesses First the teller was
placed on the stand. His testimony was
clear and conclusive to the fact of the
presentation by James Of the FIVE hundred
dollar bill. Next the advertisement was
introduced, giving a minute description Of
all the contents Of the pocket-book, agree
ling in every respect with the teller's entry.
Then George was called. All eyes were
turned upon him as he took his place upon
the stand. He came forward with bold,
self-assured air, returning the gaze Of ma
ny eyes with a steady look Of i'll conceal
ed defiance. He gave his evidence in a
clear, connected manner, simply stating
the facts Of his meeting James quite early
in the morning, his showing him the pock-
ct book, stating that he had just found it
of his own brief and cursory and brief ex-
animation Of the book and its contents,
and then of his discovering the advertise
ment of the loss Of the money, some three
or four hours afterward, in one Of the later
editions of morning papers, and his calling
TO show 1t to James. And this was all.-
He knew nothing more; and to the aston
ishment of all, even of the judge himself
he was permitted to resume his seat with
out single question being asked him by
the counsel for James.
The evidence for the government was
all in-and certainly appeared to be very
conclusive; and, when the counsel for the
defense arose to open his case, such was
his cheerful aspect, such his confident bear
ing, that all were taken by surprise. Tho
fact of the found advertisement had not
been revealed to sin gle individual, not
even to the parents Of James. The Y, too,
were startled from their deep sorrow by
the cheerful, confident manner Of the not
ed attorney.
May it please the court" he commenc-
ed, 1--WE have let this strange case progress
thus far without raising our voice to stay
or break the force ofa single act or endea-
vor OF the complainant to crush an unfort-
unate youth. Our course may have ap-
peared strange and quite unusual, and by
some we may have appeared wanting in
either interest for our Client or in power to
defend him. Neither of these premises
are correct. We are both interested in and
able to defend the noble young man upon
whose ruin others have sought to build up
fortress Of defense for their deep laid
plots Of crime. The real criminal is not
at. the bar, though he is within the hear
ing Of my voice, and may we'll tremble for
his safety, God, sir, protects the inno-
cent. The man who trusts in him shall
not be confounded, but the great God
speaks everlasting truth when he says, BE
SURE THY SINS WILL FIND THEE OUT -
We have let the proceedings progress thus
far, we repeat, unobstructed, that all that
could be done might be done, to blacken
and crush James Hardy, the noblc-hearted
young man. who almost wept over the
tardily discovered evidence Of long
cherished friends heartless treachery. But
that evidence was discovered at last--dis-
covered seemingly by the direct providence
of God; and we doubt not that before we
dismiss this case, we shall be able to tear
the dark pail from the character of our
client; and let none blame us II, in its de-
scent, it shall infold the real and true Grim
inal."
The effect Of these remarks upon the
assembly was thrilling. All knew that to
speak thus the man who stood before them
must have something more than proba-
bility to base his actions upon, and they
already looked upon young Hardy as saw
ed. How, they could not see-but ed
he really was, or Sam Hinsdale, or "0ld
SAM" as he was more familiarity called,
would never have.uttered such bold words
in his defencc.
The first witness called was clerk in
tho same store with James, who testified
that the accused hal never left the coun-
ting-room after he ent.,red II in the morn
ing till after George came in with the pa
per containing the advertisement Hero
membered this circumstance from the fact
that James had asked for Mr.. Kelsey up
on his entrance in the morning, and re-
quested the witness to inform If he came
in.
Then Mr.. Walcott was called. His tes-
mony went to show, first, that he used a
peculiar kind of paper in his store, a saIu-
plo Of which was shown to the Judge and
jury. and that this paper was never sold,
and was stamped with this peculiar mark
for him alone. Ho testified, secondly, to
the fact Of Georges remarkable memory.
Ho had tested its rctentivc power by CIV
ing at random large number Of dates for
him ITO remember, and never found II at
fault. Next the counsel handed him n
small piece Of paper, and asking II the
mark upon 1t was the same as that upon
the paper used In his employ. and also II
ho know the hand writing. Hc took the
paper, looked at Il, and, with flushed and
troubled countenauce, answered that the
mark was his own, and no knew. tho wri-
ting we'll.
A deathlko stiffness pervaded the am
pie room as George Roberts was recalled
TO the stand. Hc came forward tr, umbling
yot manifcsting an unconcern most painful
to witness. James was deeply m ,vcd.--
Mr.. Roberts turned pale with paint nl fore.
bodings.
George Roberts. do yo,. knoic hat ,opsrf
asked tho attorney, ina voicc Of tn under
at the same time laying tho copy 'sf th'
advertisement before him.