Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-03-21

fear, anxiety and doubt and curiosity were de-
picted on every counteuance. The prisoners
appearance, unlike the calm and dignified de-
meanor we are apt to associate III our lmagna.
ton with innocence, in trying scene like this,
was pale and agi,ated shame and fear and grief
were written ON every lineament of her wan
face Her father a whe-haired old man, was
sitting by her side, and Counsellor VI. was con-
sul,ing with them, while the crier was making
order in the court, and the court was empan-
neling Jury to try the case. The District At
torney then proceeded to open the case on be-
half of the people, aud stated IN substance that
he expected to prove, by cl'cumstan'lai evidence
beyond all reasonable doubt, the guilt of the
accused.
The clerk of the corporation was first called
and sworn. He testified that on the Saturday
before the arrest of the prisoner, he had been
paying off the operatives in the mill-that he
had taken from the safe about the amount of
funds necessary for that purpose, in packages OF
from one to FIVE hundred dolars--thal all the
bills paid cut were on the Lowell Bank but
that in addition TO the sum paid, he had taken
from the safe package in a lrown paper en-
vclope, of FIVE hundred dollars, in tens and
twenties, on the Globe Bank Of Boston, which
were living on his desk inside the railing that
fenced off his place of business from the rest
of the oilice-that the prisoner was the last Of
the operatives who were paid that day. and
after having received her money, she sat down
beside small table TO make an entry in a small
book in her possession-at which he stepped cut
of the office for few moments, and on his re-
turn she was gone, and the package of money
also disappeared. The witness was here shown
a torn envelope marked $500 000-Sl0s-S20's
Globe Bank" He identified it as the envelope
of the missing package, and the writing was in
his own hand.
Julia Mason was the second witness called by
the prosecuting officer. She testified that she
worked in the same house with the prisoner.
That on the day but one after the money had
been abstracted she had gone out shopping in
the city and by mistake had taken Miss Ken
dall's retcule instead of her own, as they were
much alike. That on her return, in removing
the articles she had purchased the envelope in.
troduced in court was foui under them, but
the seal was broken and no money in it and
that she Immediately called the attention of the
clerk of the corporation to the fact and gave
the paper to him.
The express a ent testified that about the
same time, a package of FIVE hundred dollars
was deposited in the office, directed to J. Ken
DALI -, New Hampshire, and by him for
wardcd to its destination; by whom it was de-
posted it was impossible for him to tell.
The next witnesses name was Miller. He
was employed as a second overseer by the cor.
pora,ion-had a reputation for low cunning
and was universally disliked. lie was a mnti
who, it was generally believed, would sacrifice
friendship and honor to his own advancement
and who had shown himself, in more instrnc IS
than one, vindictiye and reVengtul to the last
degree 1t was known in confidence to few
| that he was a re ected suilor of Miss Kendall
and that he had sworn he would be revenged on
her-that il any other man ever made her his
wife il should be after she had hcen disgraced
forever 1t was also whispered that he had late
ly been paying marked attention to Julia Mason
who had sworn to the finding of the envelope
Miller testified that on the afternoon the larce
ny was committed he was passing across the
yard near the office that he saw the clerk CONT
out, and in a few moments after, the prisoner
likewise; that on seeing him she appeared con
fused and thrust something into the bosom o
her dress that he thought nothing Of it at tht
time, nor until after the theft had been mad,
public and Miss Kendall was arrested.
Old Mr.. Kendall was now called to the stand
Although he felt in his own soul that his daugh
ter was innocent Of any crime, he feared ant
believed that the weight of his own testimon,
would seal her fate. After being sworn, tn,
District Attorney inquired, "Did you, on %
about the Goth day of August last, receive
package of money by express from this city p
Answer, 81 did" "How much monep did i
contain, and of what denomination were tn
bills ?" "Fivc hundred dollars, in tens an,
twcntes," "Dd any communication accom-
pany the money, and if so, what was ?" ~
few lines, merely, ! was directed in the sub
ppna to bring it into court. This paper is tn
one" Its contents was as follows;
August 90, Is.
"DEAR SIR: Please apply the accompanying iiv
hundred dollars towards the satisfaction Of the mort
gage on your farm, and oDlige one interested in yo
and -. Yours"
Question by the District Attorney-"ls tina
your daughters handwriting? cannot sa,
positively; it is not her ordinary hand I'D
you think it is her hand disguised? ?" 81 ca
conceive no reason why she shouid disguise he
hand to me- answer the question, and d.
not comment upon or evade it."
! The old man really supposed that the none
. had come from her, and consequently, as IN
writing bore some faint resemblance to hers, h
had made up his mind ON its reception that
was his daughters. There was a struggle i
his breast at the repetition of the question. Ii
cast an imploring look upon the unrelentin
questoner and then turned his eyes slowly an
sorrowiuy upon his daughters face. He SUP
pressed his emotions, however, in a momen
and then answered slowly and distinctly"
,, should call the writing hers"
"What bank were the bills upon?"
. The counsel for the defence objected to tn
question on the ground that the bills themselve
should be produced in court as the best evidenC
; on that point; but the prosecution removed III
objection by proving that the bills had passe
! through several hands since, and had finall
= been taken west by drover to purchase cut,i
ami that it was impossible to procure them.
Answer--"I canno, recolect the bank"
"Was it on the Globe Bank, of BostonP"
The counsel for the defence again interposet
and objected to the question on the ground thu
it was a leading question of the most objection
i able character and put, too, by the examinin
: party to his own witness.
D The court oyerruled the objection, and SUI
o pend the general rule, on the gronnd that tt
: witness. though no doubt honest, was from Il
e very nature of the case, and by reason of h
s connection with the prisoner. an unwilling wi
G ness.
r The old man cast another imploring look VI
c on the District Attorney, but he dsregaldt
the silent appeal, as it was his duty to do, an
,, pressed for an answer.
d al cannot swear positively, but think tn
l. was the bank" replied the witness.
e "You say, then, that you have no doubt tn,
l. were upon the Globe Bank ?"
y "Oh, no! no! did not say that-I cann
n positively say, but | think they were! Iwou
d not perjure myself to save my child"
L. q