The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-04-10

on her--that if any other man ever made her
his wife il should be after she had been disgra
ced forever. Il was also Whispered that he had
lately been paying marked attention TO julia
Mason, who had sworn to the finding of the
envelope. Miller testified that on the afternoon
the larceny was committed he was passing a.
cross the yard near the Office; that ne saw the
clerk come out, AMI in Iew minutes the prs
oner likewise, that on seeing him she appeared
confused and thrust something into the bosom
of her dress; that be thought nothing of it at
the time, nor until after the theft had been
made 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 and
believed that the weight Of his own testimony
would seal her fate. After being sworn the
District Attorney inquired, "Dil you, on or a.
bout the 20th day of Angus last, receive a
package OF money from this cityP Answer
Il did," "How much money did it contain,
and Of what den Iminations wee the blS?"-
"Fiye hundred dollars, in tens and twenties "
"Did any communication accompany the money
and if so what was it?" "a iew lines merely.
] | was directed in the subpoena to bring it into
the court This paper is the one." Its con-
tents were as follows:
August 20, 19-.
"DEAB SIR:-Please apply the accompany
ing five hun lred dollars toward the salts action
OF the mprtgag. on your farm, and oblige one
interested in you and -, Yours"
Question by District Attorney -'Is that your
daughters h nd wriling?" II c,nnot say pos
itivey; it is not her ordinary hand" do you
think it is her hand d sguised?" IL can con-
cieve no reason why she should disguise her
hand to me-" "Answer the question, and do
not comment upon or eVade it."
| The old man really supposed that the money
had come from her. and consequently, as the
writing bore some faint resemban to hers, he
ha made up his mind on its reception that it
was his daughters. Th re was struggle in his
breast at the repetition Of the question. He
cast an implorng look upon the unIelenting
queStioner and then turnel his eyes slowly and
sorrowful!y upon his daughters face. He sup
pressed his emotions, however, in moment,
and then answered slowly and distInctly-"l
should call the writing hers"
"What bank were the bills upnn?'
The counsel for the defence objected to the
question on he ground that The bills themselves
should be produced in court as the best evi
dence on that point; but the prosecution reno
ed the objection by proving that the bills had
passed through several hands since, and had f.
nally been takea West by drover 10 purchare
lie, and 1t was impossible to procure them.
Answer--"I cannot recollect the bank"
"Was it on tn. Gobs Bink, Of Boston?
The counsel or the defence again interposed,
AMI objected to the que sion on tie grounl that
it was eadiHg qus5 ion of the most objection
able character, aud put, too, by the examining
party to his own witness. ...
The court overruled the objection and sus,
pended the general rule, on the grounl, that the
witness, though NJ doubt honsst, wai from the
very nature Of the case, and b. reason OF his
connection with the prisoner, an unwilling wit
ness.
The old man cast another imploring look up
on the District Attorney, but he diSregarded
the silent appeal, as it was his duty to do, and
pressed ior an answer.
| ii cannot swear positively. bus think that
was the b,nk,' replied the witness.
| "You say then. that you have no doubt they
were upon the Glob, Bank
| "Oh no no did not say that can.
not positively say, bat think they we're I
would not parlure myself to save my child.
The old man bnri9d his face in his hands an |
wept bitterly; and many an eye in that crow
ded court room was moist in sympathy with the
| athers distress. The prosecution hero rested
their ease.
Counsellor NJ in behalf OF the pr soner addres
Sed the Jury briefly in opening the defence
He said that as to the commission Of the crime
by some one. thore could be no doubt. That a
chain of circumstances partly resulting from
coincidence Of independent events, and which
20 trusted he should be alb satisfactorily 10 ex
plan, connected with deep laid scheme Of
frau and villainy involving another not only in
he crime here charged upon an innocent and
noifendngl girl, whose character to this lime
has been above reproach but also the deeper
d,mning crimes o. conspiracy and perjury most
foul That he trusted with the aii OF facts
within my know ledge oi the defence, and Of
unimpeachable evidence which he should be q.
Bile TO produce, not only to explain away all ev
idence on the part of the prosecution, that made
against the proner and set her character in
all its prestine beauty before all men, but also
to fix the double guilt bel on1 doubt upon the
real party. That be should sncceei as he an
ticipated in shielding a really innocent person
romthe mistaken vengeance OF offendei jnStiCe,
il was all the reward he aske /; and in God and
in the righteousness OIL the cause in which he was
enga red, to be able to show the character OF the
accused as pure and spotess as the MONDAY
sun in heaven.
There was breath1ess stiffness throughout
the court. house during the progress OF these
remarks. The conf lent manner in which they
were uttered, in the face OF testimony so as
founding, which had carried convictnn to al
most every mind Of the prisoners guilt, awak
ened rei0ublei in crest, and caused painful
idea in the minds Of the more reh.cting, that
possibly, In the silent workings of their own
Thoughts, they had codemned the prisoner too
soon.
The gentleman who had held the mortgage
was the first witness ctllei by the doence,-
He came into the courtroom few moments
before, with the drover TO whom he had paid
the money accomplnle by William johnson,
who, il now came out had b,el to seek him
buck as a witness in the case.
The mortgage testified to the p,ymeni by him
10 the drover of the same bills he had received
from the prisoners father, but he could not
identify the bank.
The drover, however, swore positively that
they we're on the Granite, and not on the Globe
bank; that noticed and remembered them par.
ticularly as tens and twenties,, check letter
"B," and that he had paid them out in small
amounts al time, except two or three OF the
bills which were then IN his possession and
which he produced in court.
After having been searchingly cross question
cd by the District Attorney, without varying
in the least from the previous statement, he was
permittei to withdraw, and William johnson
was called npon the stand. After having been
shown the letter which accompanied the pack
age Of money s.nt to the prisoners father. he
was asked
"Have you ever seen that letter beio-e?"
Eyes" aat 1i sE
"Can you, or can You not, identity the hand"
II can. Iorots that letter ryssl(, and sentit,