Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-02-25

one.
Then came the testimony, slowly piling up
its mountain-load on the young mans fate.
First of all was the medical testimony, de-
scribing minutely, and in terms which physicians
alone know how how to use, the death and the
causes of death. Then followed the long and
cross examination, which failed to shake the
calm medical men, and the State called its
next witness
The day wore along slowly and painfully,
and the evening approached. The court had
taken short recess for dinner, and an inter-
ruption of a few minutes now occurred, during
which approached the prisoner and conversed
with him. He seemed to have made up his
mind to verdict of guilty, and to be weary
of the delay.
al wish it were over" he said " why tor
tnre me in this way? | do not love life
enough to pay this price for it. | have had
but one wish since sat here to-day and that
was, that had died like my old friend, three
years ago.
1t was a summer night like this the clouds
lay even as now in the west when he died
He had not lived long enough to know that
! the world is poor place to live, hard place
to suffer, pleasant enough to die out of. To
him it seemed agony to go, and he longed for
life and its experiences. How blessed to go
away thus, and yet he knew it not How
blessed to die in the young spring of life, and
! yet he wonld have fingered till the summer
heats overpowered him, or the winter frosts
chilled his very soul.
And here am I, the mock and gaze of the
crowd, waiting to hear the doom which is soon
to be pronounced, and which you lawyers are
postponing hour by hour, only to increase my
pain. Let it be over at once and forever, l
beg of you Let"
" Mr.. Phillips-one moment, if you please"
/ hastened to the counsel for the defense,
who were calling. and found them deep in con-
sutation about a proposition suddenly started.
The object of the elder Forster in convcting
his son OF murder was to my mind very clear.
He had doubtless expected to inherit the really
splendid landed estates of Judge DnSenbury,
and the motive appeared by no means INSULT
cient, when the enmty and hatred which had
existed for years between him and his wife and
son is taken into consideration. The testimo-
ny for the prosecution was now all in, except
ing only the clinching evidence, namely, that
of Stephen Forster, the father, on close exam
ination, proved to be the sole evidence which
connected his son with the poisoning. The
proofs thus far had been complete, to the ef
feet that Mrs. Forster had been poisoned and
was dead, but no idea was given that her son
had committed the deed, except in the fact that
he had purchased the article in the city short
ly before the death ; Lut this Was relieved by
the circumstance that he had purchased other
articles for chemical experiments at the same
time, and had several times, at least twice pre-
viOusly, purchased the same poisonous drug.
1t was therefore with no small degree of
risk and yet with cool and weladviSed pro-
fessional determination, that the counsel enga-
ged for the defense determined to direct all
their force towards breaking down the evidence
of the elder Forster, and abandoning all other
chances. 1t was, in point of fact new idea,
|. suggested by the junior counsel at this stage
of the case, and involved the abandonment of
the previously adopted theory of defense, which
had been that the harrassed and weary wife
had committed suicide. The moment of time
in which this consultation took place may well
afford to readers of this history au idea of the
momentouS responsibilities under which law
yers labor. The cool face, the smiling coun-
tenance, the quick sparkling retortS, the gay,
, trfling manners, which lead the bystander to
imagine that the lawyer is enjoying his con-
test as he might game of chess or of billiards.
often to cover the deepest anxiety, the most
fearful tremblings for the fate Of the client
whose life hangs on the quickness or skill of
that apparently thoughtless intellect. | think
there is no other consideration needed to con-
vince me that the profession is one of most terri
bic labor aud responsibility, than the idea that
in such trial as this | am now describing
there may be several moments when it is ne
, cesSary to determine, again and agar, what
new theory OF defense shall now be adopted,
what new plan of action devised, to save the
life of a man whose innocence is clear to the
/; mind of the lawyer, but whose guilt appears
almost established to the minds of the jury
Such was the responsibility which | now
felt, for the senior counsel had not yet seen
! the dreaded witness, and made up his mind on
, my brief description 1t was decided in an in
slant, and the first blow to be struck was de-
vised by the junior counsel, who had indeed
formed the idea Of this plan of defense from
/, the fact that he had learned a few moments
before that young Forster was that day twen-
ty-one years of age.
In five minutes | had prepared a brief but
comprehensive last will and testament for the
! prisoner to execute, giving his entire fortune
to Mary Wilson and heirs We begged the
: indulgence Of the court a moment, while it was
duly executed and then announced our readi-
ness to proceed.
1t was strange that Sephen Forster the ell
der had never thought of this. 1t aftcrv ards
appeared that he had made an error of an en-
3 tire year in his sous age, and had not dream
ed of his being able to devise real estate with
in twelve-month.
As Forster took the stand at the opening
of court after the recess, cloud came mp and
4 obScured the setting sun, while the low NUT
tering OF distant thunder foretold coming
5 storm. did not notice the face of the senior
t counsel of the prisoner when the dstrict-attor.
/ ney commenced his examination, and when my
attant;on was fret called tn IL 7 was annallad