The River Falls journal. (River Falls, Pierce County, Wis.) 1857-1861, 1857-10-28

From the Flag of our Union.
THE CRIMINAL WITNESS.
BY AUSTIN C. BURRICK.

\
!
In the spring of '48 / was called to
Jackson to attend court, having been en-
gagged to defend young man who had
been accused ofrobbing the mail. | had
a long conference with my client, and he
Acknowledged to me that on the night
when the mail had been robbed, he had
been with party of dissipated compan-
ions over to Topham, and that on return
| ing, they met the mail carrier on horse
back coming from Jackson. Some of bis
companions were very drunk, and they
proposed to stop the carrier, and overhaul
his bag. The roads were very muddy at
the time, and the coach would not run.
My client assured me that be not only had
no hand in robbing the mail, but he tried
to dissuade his companions from doing so.
But they would not listen to him. One
of them slipped up behind the carrier, and
knocked him from his horse. They then
| bound and blindfolded him, and having
tied him to a tree, they took his mail bag
and make off into neighboring field,
where they overloaded it. finding some
five hundred dollars in money in the yari-
Gus letters. He went with them, but in
no way did he have anyhand in the crime.
Those WAC did do it had fled, and as the
carrier had recognized him in the party,
| be was arrested.
The mail bag had been found, as well
| as the letters. Those letters from which
money had been taken, were kept by Or
der of the officers, and duplicates sent to
the various persons, to whom they were
directed, announcing the particulars
These letters had been given me for OK
animation, and | had then returned them
to the prosecuting attorney.
l got through with my private prelimi-
| naries about noon, and as the case would
not come up before the next day, went
into the court in the afternoon, to sec
what was going on. The first case which
came up was one of theft, and the prison
er was . young girl, not more than sew
enteen years of age, named Elizabeth
Madworth. She was very pretty, and
bore that mild, innocent look, which we
seldom find in a culprit. She was pale
and frightened, and the moment my eyes
rested upon her, pitied her. She had
been weeping protusely, for her bosom
was wet, but as she found SO many eyes
upon her, she became too b frighten-
cd to weep more.
The complaint against her set forth
that she hid stolen one hundred d. liars
from Mrs. Naseby; and as the ease went
on, found that this Mrs Naseby was
her mistress, she (Mrs. N.Y. being veal
thy widow, living in the town. The poor
girl decl red her innocence in the most
wild terms, and called on God to witness
that she would die rather than steal. But
circumstances were hard against her. a
| hundred dollars, in bank notes, had been
stolen from her MISTRESS room, and she
was tho only one who had access there.
| At this juncture, while the mistress was
upon tho witness stand, young man
came and caught me by the arm. He
was q fine looking fellow, and big tears
stood in his eyes.
| "They tell me you are q good lawyer"
he whispered.
II am :, lawyer" / answered.
"Then-,O! save her! on can GER
tainly do it,for | know shes perfectly inao-
cent"
SIS she Your sister?'
The youth hesitated aud colored.
"No sir" he said. "But-but-'
Here he hestated again.
"Has she no counsel p | asked.
sNone that's good for anything = no
body that will do anything for her. O,
save her, and I'll pay you all I've got. l
can't pay YOU much, but | can raise you
something"
1 reflected for moment. l cast my
eyes towards the prisoner, and she was at
that moment looking at me. She caught
my eye, and the volume of humble, pray
erful entreaty, read in those large, tear
full orbs, resolved me in moment. In
my soul l knew that the girl was inno-
cent; or, at least, firmly believed so =
and perhaps / could help her. / arose
and went to The girl, and asked her if she
wished me to defend her. She said yes.
Then ] informed the court that | was
ready to enter into the case, and / was
admitted at once. The loud murmur of
satisfaction which ran through she room
quickly told me where the sympathies of
the people were.
Haskell for moments cessation, that
| might speak with my client. l went
and sat down by her side, and asked her
to state to me candidly the whole case. =
She told me she had lived with Mrs Nase-
by nearly two years, and that during all
that time, she had never had any trouble
before. About two weeks ago, she said,
her mistress had someway lost a hundred
dollars. -
.She missed it from her drawer, the
girl told me, land she asked me about it,
but | knew nothing of it. The next thing
| knew, Nancy Luther told Mrs. Naseby
that she saw me take the money from her
drawer - that she watched me through
the keyhole Then they went to the
trunk, and they found twenty-five dollars
of the missed money there. But 0, sir. |
never took it-and somebody else put that
money there"
I then asked her if she suspected any
one.
Il don't know, said she, "who could