Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-31

ing defendants hogs. Plea not guilty
OF speaking the words. Green was
an old, peaked -nosed, lantern .jawed
man with head resembling an old
possum and an eye as keen as rats;
no was generally about half drunk.
The jury was sworn, the plaintiff 5
witness proved equivalent words TO
those laid in the declaration, but not
the exnct words. /. had taken the
words down, and had the dog ears
turned down in Espinasse to show
that the proof OF equivalent words
would not do. The evidence was
closed. Judge Test had addressed
the jury in most eloquent speech OF
some tive hours, Oft repeating Shaks-
peare, "lIe who steals my purse
steals trash, but he who filches from
me my good name takes that which
naught enriches him, but leaves me
poor indeed The Court room was
in little low log cabin on the west
side OF the public square, with only
one window, and pane of glass out
OF the lowor sash. | rose with my
back TO the window, stated the issue;
and in loud voice, "Gentlemen OF
the jury, the Count will tell you that
proof Of equivalent words won't do,
| say you must find for the defendant;
there is noproofthat he ever spoke the
words" paused and at the moment
my voice ceased in the room, old
Green, my client, run his head through
the vacant sash by my side and roar
ed out at the top of his voice, "Smith
don Z lie; | did say he stole my hogs
and will never deny it," l turned
the Court, II do wish the Court would
send my client 10 Jail, he has been
drunk and crazy ever since tnis case
has been in Court against him. -
Judge Morris,-Sheriff take him to
Jail and keep him there until the trial
Is over" "As | was saying gentle
men, there is no evidence before you
that the words were ever spoken by
my client. You mus. be governed by
the evidence given in upon my oath. -
Wy position was ably met and con-
tested by the closing counsel, but the
Court charged with me, verdict and
Judgment iorthe defendant, and / had
my client discharged from Jail with
out rcsorting To u writ of habeas cor
pus'
PREJUDIcIAL EFFECTS OF EVIDENCE.
Judge Morris, ''the State us. Charles
Mallory, for larceny Ready for the
prisoner says james L. Brown.
Ready for the State, says the county
prosecutor. The charge was for steal
lng horse. The prisoner had u su
red Mr.. Brown that there was not
he least shadow of evidence against
aim, and Brown had tah Ell, or rather
Jeen promised, fee contingent upon
icquittal, and took his seat by the
Side OF the prisoner with apparent
confidence. The jury was soon en-
panneled, and the owner OF the horse
testified that the animal was taken out
III bis stable at night; that light
snow had fallen, aud next morning
,Ie tracked the horse from the stable
loor, followed the track some ten
miles at rapid pace, and overlook
the prisoner on the horse, tied his
.egs under the animal, brought him
ack and put him in Jail. The prose-
cutor rested, and waived the opening
speech. Mr.. Brown arose. "May it
please the Court, gentlemen Of the
Jury, one short hour ago / could
nave addressed ytu with pleasure and
sntire confidence in the innocence OF
ny client, but since that time the ev-
dencc has been heard, and | must
confess that it is well calculated to
prejudice your minds against my eli
snt" Verdict Of guilty-sentence
two years to the penitentiary.