Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1865-06-09

ANECDOTES OF SENATOR upHAM.

nv bODO ED Wv Oi'AN n Wv ~ ah'N'N
The following story is told Of Senator Up
ham, while he was practicing at Washington
County bar. young man, who was teach
ing school in the town of B-----wes arrest
ed upon a charge Of exhuming body IN the
State Of New Hampshier. His friends IN
B B---secured the services Of Mr.. uphsm
az counsel. Soon the time Of trial arrived,
and much excitement prevailed, as an efor
was made, on the part of New Hampshire, to
have the defendent tried in the State. All
we're anxious to hear what one Of the ablest
advocates Of Vermont could say, for man
charged with so gross an offence. Mr.. UPh-
am was noted for his irresistible eloquence,
and used it in rescuing many Of his clients
The trial was held in hotel, and shortly af-
ter the opening of the case, the old lawyer
was convinced Of his cinents guilt, and 1t
was agreed upon to prolong the trial until
night, and while he was making his argument
his client should run away. The liberties Of
the house had been given TO the prisoner by
the sheriff during the day. 1t was late in
the evening and after tiTesome examination,
when Mr.. Upham commenced his argument.
All we're silent-the sheriff, as well as the
rest, had forgotten the criminal, and seemed
to be spell bound at the uttering Of the first
sentence. The prisoner, who had been walk
ing about the room, took advantage Of the
sheriff, and passed into ball, where he found
an overcoat and hat, put them on--stepped
out, and into sleigh. that was waitng-and
WAS of. He was driven seven miles, and
his horse was then exchanged for one that
carried him to place of safety.
After one OF the Senator'S most eloquent
speeches, and when he had spoken nearly an
hour, he stopped, and looking around said,-
"Why, gentlemen of the jury, you cannot
convict my client--it is beyond your power
My client; Where is be : You have not seen
! him for half an hour-he has had time to be
/ in h since / began my argument" Al
/ this conclusion, officers and even the jury
/ started to their feet--the whole house was
/ in utter confusion. As soon as order was
/ restored, the sheriff summoned posse, and
/ commenced general search-but all Of nc
/ avail--Mr. Uphams client was never retaken
Mr.. Upham was once employed to defend
a woman, in case where he thought, anC
had reason to believe, tha, public opinion
was very much prejudicGd against her, and
! Just verdict could not be obtained. He mad,
application, and was permitted to move the
suit into an ad dining district, for trial. /
I is said that Mr.. Upham hired some men who
were strangers to attend, and during his argu'
ment were to appear very much affected
! Upon the appointed day the taisl took place
| in the town of B. Nj. Upham's Glen
entered the Court House, with two or three
| ragged little girls, who, with her own sad
| appearance, would make a strong appeal tc
I humanity. and move any heart to pity. Wher
/ be arose and addressed the jury, he read tht
4 feelings of every heart, and knew that mixed
assembly always favored the oppressed, ant
opposed human misery, and that jury wal
part of such an assembly, and would weep
as well as laugh, with the audience. He haC
only stated his case, when a stranger wa
seen wiping his eyes-soon the rest Of tb'
strangers were in the same condition. Th,
spirit caught, and the weeping then commen
ced he bad aroused the sympathies of th'
entire audience-judge and jury we're deepl!
affected. And then passing from imsginar,
to real misery. he pointed to the little girls
and said, a. place in the arms Of an Ameei
can jury. those unprotected children, and de
mand for my client, verdict of acquital
Believe ma gentlemen of the jury. when tn,
hand that records that verdict shall be dust
and the toague that asks it, voiceless in tn
grave, many happy home will bless its con
sequences" The jury, without leaving tn
box, acquitted the defendant.