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

unimpcachabe evidence which he should be
able to produce not only to explain away all
evidence ON the part of the prosecution, that
made against the prisoner, and to set her char
acter in all its pristine beauty before all men,
but also to fix the double guilt beyond all
doubt upon the real party. That if he should
succeed as he anticipated, in shielding really
innocent person from the mistaken vengeance
of offended Justice, it was all the reward he
asked; and he trusted in God and In the right
eousness of the cause in which he was engaged
to he able to show the character of the accused
as pure and spotless as the MONDAY sun in
heaven.
T ere was breathless stiffness Throughout
the court house during the progress Of these
remarks. The confident manner in which they
were uttered, in the face of testimony so as
founding, which had carried conviction, to al
most every mind, of the prisoners guilt, awak-
ened a redouhled interest, and caused a pain
full idea in the minds of the more rejecting,
that possibly, in the silent workings of their
own thoughts, they had condemned the prison
er too soon.
The gentleman who had held the mortgage
was the first witness called by the defence
He came into the courtroom a few moments
before with the drOver tp whom he had paid
the money, accompanied by William Johnson,
who it now came out, had been to seek him
in Ohio, and bring him back as a witness in
the case.
The MORTGAGE testified to the payment by
him to the droyer of the same bills he had
received from the prisoners father, but he
could not identify the Bank.
The drovcr, however, swore positively that
they were on the Granite and not on the Giobe
b INK That he noticed and remembered them
particularly, as tens and twenties, check letter
"B.' and that he had paid them out for stock,
i'll small amounts at time, except two or
three of the bills which were then in his pos
session, and which he produced in court
After havirg been searchingly cross-ques-
toned by the District Attorney, without vary
ing in the least from the previous statement, he
was permitted to withdraw, and William john
son was called upon the stand. After having
been shown the letter which accompanied the
package of money sent to the prisoners father,
he was asked
Have you ever seen that letter before"
ayes"
"Can you, or can you not, identify the
hand?"
IL can. / ,rrote that letter myself, a sent
it, with the money that accompanied it, to Mr.
Kendall | drew it from the Granite Bank, o
| Boston, on a check in my own name. From
motives of delicacy, it was kept secret at the
time; and when | explained it to the counsel
for the defence, by his advice it has been kept
secret until now"
There was confusion and excitement in The
courtroom, and it was some time before quie
could be restored.
He said. in answer to the District Atorne,
on the cross-eyamination, that he had no Sc
cresy or delicacy about the matter now; thai
he had been some time engaged to the prisoner
at the bar, and that, unknown to any one, ht
had taken on himself the privilege of discharg
ing the Indebtedness of man whom he hat
| known and honored in early life and who was
the father of his intended wife.
The teller of the Granite Bank fully corrob
GRATED the drawing of the funds by Johnson
and produced the identical check on which
they had been drawn.
Miss Mason was now recalled, and asked i
she had lately purchased shawl of Campbell
& Co.. to which she answered that she had
and that the price was twenty dollars.
Question-"Of whom did you receive thu
money you paid for it ?'
Answer-"Oi Miller, one of the witnesses 70
the prosecution"
The clerk of Campbell & Co. produced tn,
bill, which was paid by the last witness for th
shawl and it was identified as one of thos
which had been stolen. Miller was seen "A
this moment to be making for the door in eyi
dent haste and confusion, but the eyes of tn
whole Court were directed towards him, an,
he was Immediately taken into custody by
warrant from the Bench. The trial was sus
pended for short time, while search wa
made of his apartment and nearly all the mis-
sing money was found in the bottom of hi
trunk.
The case was then submitted without argu
ment or charge, and the jury at once returne
a verdict of "Not Guilty"
The most intense excitement nreynilp
throughout the city. A crowd assembled be
fore the Jail, threatening to seize the yillui
Miller, and tear him limb from limb; bu
being overruled by better counsel, they repair
ed to the Court House, and as the prisone
(now prisoner no longer) came down the step
leaning on the arm of Johnson, sent up a loud
lorg cheer to heaven, that made the welki
rirg. The counsellor and his fair client wit
her father and Johnson, were placed in coach
from which the horses were Embarrassed, an
drawn by the ready hands of excited men
triumph to their homes.
Miller and Julia Mason were indicted for
conspiracy, and the trial set down for tha
/, very term of the Court but noile proSeq'
was entered in her behalf, on condition tho
she would disclose the plot. She said tina
Miller had promised her marriage on conditio
involving her own diShonor. and had after
words refused to fulfil them. That he ha
subsequently renewed his promise with tn
most solemn protestatons, in case she woul
aid him in fixing the larceny he himself ha
committed upon Miss Kendall-n order as h
said, to avenge an insult which he had r,
ceiyed at her hands-and that he had give
her the twenty dollars which she had given
Campbell x Co.-that after many promises an
> threats, she had at last consented in the hoI
of retrieving her own disgrace, and that ST
had placed the envelope, which was given hl
; by Miller for that purpose, in the place whei
she testified it was found.
Miller was tried found guilty, and sentence
TO State Pr son for ten years; Counsellor NJ.
reputation was established as a celebrate
criminal lawyer; and Lucy Kendall, with u
blemiShed character, was restored to her fatl
er, her lover, and her friends.
u = VICToRIA's FIRST MOMENT OF SovEREIGNT
i William the Fourth expired about midnight,
Windsor Castle The Archbishop of Cante
u bury, wi other high functonaries of the kim
dom, was in attendance. AS soon as the kir
J had brea he'd his last, the Archbishop quite
Windsor and made his way to Kensngton Pa
u ace, the residence of the Princess Nctori
where he arrived before daylight, and announ
ed himself, requesting an immediate intervie
u with the Princess. She hastily uttired herse
Il and met the venerable Prelate in the ante-roor
e lie informed her of the demise of the Crow
and did homage to her as sovereign of the NJ
tion. She was, at eighteen, queen of the on
= IL al. A