The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-03-07
TEEn PHANTOM WITNESS.
FROM A JUDGES NOTE nook

present Indictment IS
Anna did not stir. The poor girl had nj
heard tn e question; but her sister rose, and i
mild clear voice said ''she is rot guilty, sir.
He was my little son. He is in heaven nov
and if you take her life she will go to him sooI
er than |, and be that the happier She is NJ
Iguilty, sirs." .a.J4
The governor of the Jail had by this time jos
ged Anna by the arm, and whispered to hel
when she looked up hastily, and said Oh, NJ
no, no-a thousand times no!'' a .
The plea is not guilty" said the Judge IS
The encouragement rose The court wa
hushed. never took my eyes off his for on
moment while he spoke. .t....
My lord, and gentlemen of the jury, til
prisoner at the bar, Anna Dormer Heritage i
on her trial for the murder Of Ernest Seator
II She be guilty, it is a guilt which east
the shadow Of its terrible atrocity over ever
heart in England; if innocent she is q. piece {
suffering virtue which implore heaven to pre-
teet. L am here to perform duty, not to al
vocate cause. God forbid. that by one Wort
one LOOK, one tone or gesture. Ishould seek +
color a TACT or intlame your passions. i wis
to be the mouthpIece of a narrative merely; yo
are the judges. The present respected hig
SheriH OF the county Sir Ralph Heritage. %
Heritage Hall. He had brother who married
ana went to reside in Ceylon with his wife an,
Two infant daughters. One of these daughters
IN me course OF years, was there married t.
Mr' 9eaton, young merchant. He died, leav
ing her widow with ono child--the murder
! ed Ernest Seaton mentioned in the indietmen
against the prisoner now on trial. The brothe
OF Sir Ralph Heritage died at Ceylon soon af
ter me death OF his wife land the two daughter
were alone, one widow, with her infant son
the other the prisoner at the bar. They com
munlcated with their uncle, Sir Ralph Heritage
who sent them kind invitation to come to him
ntnalng, at the same time, that he wonld
maze his granddaughter, Ernest Seaton hill
heir They came, the child, the mother. ant
tbs young aunt. They reached Liverpool III
the snip Alceste, and took a post-chaise fol
Northamptonshire. The chaise broke down n,
place named Darlington Flats. and the party
was compelled to take refuge from a ragin5
storm, and to pass the night at an inn naInaf
The Nheatsheaf." The child, the mother and
ane aunt, retired early to a double bedroom. -
Inc chlid slept with-its mother--the prisoner
at the bar IN the other bed. At five minutes
pass one 0 clock on that night the landlord and
ms Wiie were awakened by leud screams. and
Lney hurried IN the direction of the sound.
winch led them to the room in question. Mrs
oeaton was found lying insensibe in the door
Nay The Fri oner at the bar was sitting an
IN Ped and much disfgured, both on her face
and hands, with blood. The body of the child.
Ernest, was found between that bed and the
wal, wish knife in his heart. New.
gentlemen Of the jury, these are the prominent
iacisi but there are some collateral ones which
IS my duty 10 mention. The landady Of ths
Whegtsheaf will depose that, as She WAS pass-
ing he door Of the room occupied by the sis-
teIs, she heard them conyefsing, and with al,
Incidental curiosity she paused to listen, when
she heard the prisoner say, I shall go to he
wall, ana shall not get a husband, all on ac,
count Of your little Ernest. when intended to
maae alnclq Ralph take to. me Z or make me- hi
favoafe-anu leave me- ali MS money, Tnese.
the landlady vii tell you, may not be the exact
words used; but she will swear to YOU as She
has already sworn to the justices, that they
arc very near, and contain the sentiment that
was uttered Collateral fact the second, then,
my lord and gentlemen of the Jury. is, that the
knife which did the deed of blood belonged to
the prisoner and was bought by her al Colom-
DO, IN CeyloR. Gentlemen God aid and helm
us all to get at the truth in this matter have
nothing more to say
The Encouragement sat down. not adding
oae word to his bare statement of these facts
on which the case rested.
a cold persPiration sat on my brow. How
fearfoliy strong was the case, and what had
70 feplJ IL with! Nothng-no.h hing! What if
Brown had absconded? What if Brown had
been swallowed up by an earthquake? His alb
scencv or presence made but little account in
such case. He had only seen what others
saw-he could add nothing to the evidence of
the landlord and the landlady of the Inn felt
as II my very heart paled as | saw the blank
halt-terror- stricken countenances Of the jury
and tancled that in every whisper they INDUCED
IN TO each other, the word guilty might be
found.
The junior counsel for the prosecution now
rose, ana called out, Jacob Wits!'
There was slight hustle, and the Landlord
OF The Inn got into the witness. box. He mere
ly deposed to the coming of the sisters in the
night and the finding of the dead body of the
child, as stated
The attorney general then glanced at me, aud
rose to cross-examine:
lad you any other guests in the Wheat
sheat' on the night in question:
Yes, sir. a Mr. Brown"
When did he comet"
About an hour after the ladies.
Was he stranger to youf"
Quite, Sir"
"Where did he sIeep?''
At The lar end of the gallery, about fifty
PAGES off the ladies' room"
You can so down now, but shall want
you again"
Yes, SIR.
Martha Wits, the land!ady, was the next
witness examined, and she confirmed what the
attorney-gener . Lad stated. Her account OF
that Anna had ltid made strong impression
on the jury, and when rose to cross-examine
her, telt that that was the point to attend
to.
"Now DErs. Willis" said, you have said
many thing in jest to your husband, and he
to you, no doubt?'
Lord bless yOu, yes, sir!'
'And meant no harm?"
mot the least, sir
''Of course not. Now can you recoliect any
thing you have said TO him, or of him, in that
harmless way lately?
oh, DEAR yes sir When he takes a drop
too much, am very apt to say that l hope the
next will choke him, but do Il more mean it
than yon do sir
And Of course, by the tone in which you
say it, ne knows it is only joker
'"ro be sure!"
GU speak it in something Of the tone of the
prisoner at the bar, when she said she never
should get husbandl'
just SO, sir"
That will do. You can go down"
Mr brown was the next witness called, and
no one appeared. | was resolved to make the
disappearance of Brown, although 1 feared it
would not be much, but it was not then time
to take notice of it. The name of Brown re-
yeroFated through the court, and the passages,
ana the adjacent streets, but no Brown appear
ed.
The attorney general then himself rose and
3aid, 1T is now my most painful duty TO cali
Mrs. Rachel Seston. 1t is duty would fain
have avoided, if possible, for no one can feel
m re sensiby than do how sad to her must
De the task of being summoned for the prosecu-
non IN this case but it cannot be helped, and
therefore call Mrs. Rachel Seaton."
With slow and melancholy step the poor
mother got into the witness box, but she kept
her eyes upon Anna with longing, tender
gla2ce, til the judge said, mildly, "Witness,
you must look this way"
Then she gently turned from the observation
OF Anna, and they could all see the tears roll
ing down her cheeks.
"Sirs--sirs." she cried; ''this should not be.
You viii understand, sir, that he was nv boy
my only one. You cannot understand howl