Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1857-12-18

edeeming trait ia che affair, except Har
| gey's previous good character and goo,
character, by the law Of England, goes 70
nothing in opposition to facts proved 1
the satisfaction of a jury. 1t was likewis
most unfortunate that A. was to be tn
presiding judge. This man possessed grea
forensic requirements, and was of spotles
private characterf but, like the majorit,
of lawyers Of that day--when it was NJ
extraordinary thing to hang twenty mcr
in morning at Newgate--hc was a stauncl
tstickler for the gallows as the only effect
ual .rcformer and safeguard Of the socia
state. At this time he was but partially
recovered from q long and severe indispo;
sition, and the traces of recent sufferin.
were distinctly apparent on his pale and
pass!onless features. ses.,ts s5..E
Harvey was arraigned in due form; the
evidence was gone carefully through /; and
every thing SO far as | was concerned
was done that man could do. But at The
time to which refer counsul was not al
lowed to address the court on behalf o.
the prisoners practice since introduced
from Seotland-and consequently I was
allowed no opportunity to draw the atten:
tion 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 dialectic qualities
and his harangue fell pointless on the un-
derstandings Of the twelve comm on place
individuals who sat in the jury box
The judge finally proceeded to sum the
evidence, and this he did emphatically
against the prisoner-dwelling with much
force on the suspicious circumstance of a
needy man taking up his, abode at an ex,
pensiye fashionable hotel; his furtive de-
scent from his apartments by the back
stairs; the undoubted fact of the watch
being found in his trunk the improbable.
ity Of any one putting it there but him.
self; and the extreme likelihood that the
robbery was effected in a few moments Of
time by the culprit, just as he passed from
the bar of the hotel to the room which he
had occupied. "If," said he to the jury.
in concluding his address, ''you can, after
all these circumstances, believe the prison
er 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 ir-
resistible; 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 verdict" ers Il
The jury were not disposed to retire.
After communing few minutes together.
one of them stood up and delivered the
verdict twas Gully! Thejudge assum-
Z
ed the crowning badge of the judicial po-
tentate--the black cap; and the clerk of
arraigns asked the prisoner at the bar, in
the usual form, if he had anything to urge
why sentence Of oeath should not be pass
ed upon him. @ en3 ti
Poor Harvey 1 durst scarcely look at
him. AS the sonorious words fell on his
ear, ne was grasping nervously with sha-
king hands at the front of the dock. He
a peared stunned, bcwildered, as a man
but halfawakened from hideous dream
might be supposed to look. He had com
pretended, though he had scarcely heard,
the verdict; for on the instant, the voice
which but a few years before sang to him
by the brook side, was ringing through
his brain, and he could recognize the lit,
tie patti I'm feet of his children, as, sob
bing and clinging to their shrieking moth.
er's dress, she and they were hurried out
of court. The clerk, after painful pause,
repeated the solemn formula. BY strong
effort the doomed man mastered his agita-
ton his pale countenance ligted up with
indignant fire, and firm and self-posscsscd,
be thus replied to the fearful interroga.
tory:
"Much could say in the name, not OF
m 'rcy, but of justice, why the sentence
about to be passed on me should not be
pronounced but nothing, alasl that viii
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 your.
selves with attributes which belong only
to Omnipotence; and now warn you
II