The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-03-21
KENOSHA, WISCONSIN, THURSDAY, MARCH 81


II cannot answer positively, but think the
! was the bank, replied the witness
, You say, then, that you have no doubt the
} were upon the Globe Bsnk?"
oh no! no! did not say that--I cannC
) positively say, but think they were l weul
not perjure myself to save my child"
The old man buried his face ia his hands an
wept bitterly; and many an eye in that crowd
: ed court room was moist in sympathy wit
} the fathers distress. The prosecution her
} rested their case.
Counsellor M in behalf of the prisoner ad
! dressed the jury briefly in opening the defence
He said that as to the commission of the Grim
by some one, there could be no doubt. That
chain Of circumstances, partly accidental an
partly resulting from coincidence IF indepen
} dent events, and which he trusted he shout
: be able satisfactorily to explain, connectedswit
a deep laid scheme of fraud and vllany ,invov
ing another not only in the crime here charge
upon an innocent and unofIending girl, who's
character up to this time has been above re
Iproaeh but also the deeper and damning crime
of conspiracy and perjury most foul. That h
trusted with the aid Of facts within the knowl
edge Of the defence, and of unimpeachabe evil
dence which he should be able to produce, no
only to explain away all evidence On the part o
the prosecution that made against the prisone
and srt her character in all its pristine beaut
before all men, but also to fix the double gil
beyond doubt upon the real party. That if h
should succeed as he anticipated, in shielding
really innocent person from the mistaken ven
geance of offended justice, it was all the re
ward he asked; and he trusted in God and tn
righteousness of the cause in which lie was en-
gagged to be able TO show the character of III
accused as pure and spotess as the noonda,
sun in heaven.
i There was bFeathless silence Throughout
the courthouse during the progress of thes
remarks The confident manner in which the,
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 redoubed interest, and caused painful
idea in the minds ofthe mere rejecting, tina
possibly, in tie silent workings of their owl
thoughts, they had condemned the prisoner too
scoH.
The gentleman who had held the mortgage
was the first witness called by the defence. He
came into the court room a few minutes before
with the drover to whom he had paid the mon
ey, accompanied by w lillian johnson, who il
now came out, had been to seek him in Ohio
and bring him back as witness in the case,
The mortgage testified to the payment by
him to the droyer of the same bills he had re
ceived from the prisoners father, but he could
not indemnity the Bank
The drover, however, swore positively that
they were on the Granite, and not on the Globe
Bank. That he noticed and remembered then
particularly, as tens aud twenties; check letter
"B,' and that he had paid them cut for stock
in small amounts at time, except two OF three
of the bills which were then in his possession
and which he produced in court.
! After having been searchingly crossquestion.
ed by the District Attorney, without varying in
the least from the previ us stateiment,he was
permitted to withdraw, aud William johnson
was called upon the stand. After having been
shown the letter which accompanied the pack
age OF money sent to the prisoners father, he
was asked
"Haye you ever seen that letter before?'
s'Yes''
"Can you, or can you not indemnity tile
~ can. | wrote that letter myself, and sen,
| it, with the money that accompanied it, to Mr
Kendall. drow it from the Granite Bank, Of
Boston, on check in my own name From
motives Of delicscy, it was kepta secret at the
time; and when l expiainedit to the counsel
for the defence, by his advice il was kept a sc.
cret until now
There was confusion and excitement in the
court room, ard it was some time before quiet
could be restored.
He said in answer to the District Attorney
on the cross examination, that he had no Sc
crecy or deleacy about the matter now; that he
had been engaged some time to the prisoner al
the bar, and that unknown to any one he had
taken himself the privilege OF dischargine
the Indebtedness of man whom he had known
and honored in early life, and who was the
father of his intended wife.
The teller of the Granite Bank fully corrobo-
I'd 81, f.. Il, Ix,V I'll
produced the identical check on which they
had been drawn.
Miss Mason was now recalled, and asked il
she recently bought shawl of Campbell &
Co., 10 which she answered that she had, and
that the price was twenty dollars,
Queslion-'Of whom did you receive the
money you paid fol t?''
Answsr-"Of Miller, one of the witnesses fol
the prosecution.
The Clerk of Campbell & Co, produced the
bill, which was paid by the last witness for the
shawl, and 1t was identified as one of thos,
which had been stolen. Miller was seen at thi,
moment to be making for the door in evident
haste and confusion, but the eyes of the whole
court were directed toward him, and he was i'm
mediately taken into custody by warrant from
the Bench. The trial was. suspended for
short time, while search WAS made of hi
apartment, and nearly all the missing money
was found in the bottom of his trunk
The case was then submitted without argu
ment or charge, and the jury at once returned
a verdict OF mot guilty"
The most intense excitement prevailed
throughout the city A crowd assembled be
fore the Jail, threatening to seize the syillain
Miller and tear him limb from limb; but being
oyerruled by better counsel, they repaired t.
the court house, and as the prisoner (uow pTis
Oner no longer. came down the steps leaning
on the arm of Johnson, sent up a loud lonI
cheer to heaven, that made che weitin RIM
again. The counsellor with his fair cliant, will
her father and johnson, were placed in coach
from which the horses were Embarrassed, ant
drawn by the ready hands of excited men, il
triumph TO their homes.
Miller and Julia Mason were indicted for
conspiracy, and the trial set down for that verl
term of the Court, but nOLie proSegHi was en-
tered on her behalf. on condition that sh
would disclose the plot. She said that Mile
had promised her marriage on conditions III
v9lying her own disholor, and had afterward
refused to fulfil them That he had subsequent
~ renewed his promises with the most solemn
protestatjons, in case she would aid him in fix
ing the larceny he himself had committed, up
on Miss Kendall, in order, as he said to aveng
an insult which he had received at her hand
and that he had given her the twenty dol
lars which she had given to Campbell 81 CO.
that alter many promises and sthreats, she ha
at last consented in the hope OF retrieving he
own disgrace, and that she had placed the On
velope, which was given to her by Miller TO
that purpose in the place where she testified
was found.
Miller was tried, found guilty, and sentenc
ed to the State Prison for ten years; Couusello
NJ s reputation was established as celebrates
criminal lawyer; and Lucy Kendall, with IN
blemished character, was restored TO her fathe
her lover, and her friends.
TIE KING AND SEIDLITz POWDERS. %
the first consignment of seiditz powders in tn
capital of Delhi, the monarch became deepl
interested in the accounts of the refreshing boz
a box was brought to the King in full court