The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-11-02

weak, and had to encounter the evil
dence OF Undercliff, the distinguished
Expert, who swore that the hand which
wrote Robert Penfold" was not, II
his opinion, the hand that had writer
the body of the instrument, He gave
many minute reasons In support oi
this; and nothing of any weight wa
advanced contra. The judge directed
the jury to acquit the prisoner on that
connt, lsss-szssss3. go
But on the charge of utterlng, the ev
tdence was clear, aud on the Question
OF knowledge, It was, perhaps disad.
vantage to the prisoner that he was
tried In England, and could not b
heard In person, as he could have been
In a foreign court above all, his resist.
ance to the officers eked ont the pre-
sumption that he knew the note had
been forged by some person other, who
was probably his accomplice.
The absence of his witness, Wardlaw
tuior, was severely commsnted on by
his oounseli indeed, he appealed to the
Judge to commit the said WardlRw for
contempt of court. But WaTdlaW
senior was recalled, and:swore that he
had left his son In burning fever, not
expected TO live: and declared, with
genuine motion, that nothing but high
sense of public duty had brought him
hither from his dying sons bedside,
He also told the court that Authors in
ability to clear his friend had really
been the first cause OF his illness, from
which he was not expected to recover.
The jury consulted together a long
time; and, at last. brought in verdict
OF Guilty; but Recommended him to
mercy, on grounds which might fairly
have been alleged in favor OF his inno-
eencei but, irgutlty, rather aggravated
his crime. sals Ll.'a=1s ri
Then an officer Of the court, INQUIRED
in sort of chant recitative, whether
the prisoner had anything 10 say why
Judgement should not be given ia
with the verdict.
1t is easy to dlvest words of their
meaning by false information: and pris.
oners in general receive this bit ofsing-
song in dead silence For why ? the
they would as soon think of replying
to the notes of a cuckcoo.
But the Reverend Robert PenfoId
was In Keen agony that sharpened all
his senses; he caught the sense of the
words in spite Of the speaker and chung
wildly to the straw that monotonous
machine held out. "My Lord my
reason why young Wardlaw Is not
here.n Vase
The Judge put up his hand with
GESTURE that enforced silence. NPris-
oner,n said he, ST cannot go back TO
facts; the jury have dealt With them.
Judgment can be arrested only on
grounds of law. On these you can be
heard. But If you have none to offer,
you must be silent, and submit to
your sentences" He then, without a
pause, proceeded to point out the helm
Ous character OF the offence, but ad-
united there was one mitigating cir
cnmstancei and, In conclusion, he con-
lemned the culprit to five years. penal
servitude.
AT this the poor-wretch uttered a cry
0f anguish that was fearful, and CLUTCH
ed the dock convnisively.
Now prisoner rarely speaks to q
Judge without revolving him by bad
law, or bad logic, or hot words. But
his wild cry was innocent Of all these,
and went Straight rom the heart in the
lock TO the hearton the judgment scar.
And so his lOrdship's voice trembled for
| moment, and then became firm
again, but solemn and humane
But" said he, my experience tells
ne this is'your first crime, and may
possibly be your last. I shall there
ore use my influence that you may not
De associated with more hardened
but may be sent out OF. this
country to another, wht re you may be,
lin life afresh, and In the course of years
face this dreadful stain. Give me
ropes OF you; begin your repentance
where now you stand by blaming |
and no other man. No man
yout to utter a forged note,
md to receive the money /; 1t was found
n your possession. For such an act
here can be no defence inlaws mortal
", or religion" ad
These words overpowered the culprit. |
ence. Is =,
But it did not last long. He became |
t angely composed all of sudden
nd said, "God forgive all concerned |
a this-bnt one-but 0ne.H al
He then bowed respectfully, and like |
gentleman, 10 the Judge and the jury, |
nd walked out of the dock with the /
ir of a man who had parted with emo
lon, and would march to the galloWR |
Iow without hinchinR.
The counsel for the Crown required |
hat the forged document should be
49,. -
nand, " said the prisoners counsel.
The Judge snubbed them both, and |
aid IL WIS matter of course.
Robert Penfold spent a year. in sepa- |
ate confinement, and then, TO cure him |
fits salntary effect, (tf anY). was sent /
n board the hulk "Yengeance," and |
1as herded with the greatest miscreants
q creation. They did not reduce. him
D their level but they injured his /
1ind: and, before half his sentence had /
Hpired, he sailed for penal colony, a
lan with hot coal In his bosom, q
reature embittered5 poisoned hoping
tile believing little, fearing little, and |
sting much. w
He took with him the praye book his /
lother had given him when he was or
aimed deacon. But he seldom read
eyond the hy-leaf; there the poor lady
ad written at large her mothers heart,
nd her pious soul aspiring heaven
ards for her darling son. This when
u seemed darkest, he would sometimes
IN to with moist eyes for he was sure
his mothers love, but almost doubt
/ the justice OF his God,
ITO BE coNEINuED.l