Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1872-12-19

When the case was closed, the learue:
Judge, addressing the counsel for the pros
ecution, said he thought thers was hardly
sufficient evidence to call upon the prison
or for defence and if the Jury we're o.
opinion they would ut once s.op in the
case. Upon this observation os the Judge
tho Jury turned round for moment and
then intimated their acquiesence in hit
'ordshlps' views Of tho evidence. The
counsel folded up their briefs, and q yer.
Dict OF acquittal was about to DO taken
when the prisoner addressed the court
He urged the judge to permit him tv state
his case to the jury, and to call his house.
keeper, with much. earnestness, and was
seconded 10 strongly by his counsel. that
Lord Mansfield though very much
against his inclination, and contrary to his
usual habit, gave way, and yielded to
their request.
The prisoner then addressed the iury,
and entreated their patience for q short
tune. lie repeated to them That he never
could feel satisfied to be acquitted merely
because the evidence was not conclusive,
and pledged himselfi in very short time,
by the few observations he should make,
to obtain their verdict on much higher
grounds-upon tho impossibility Of his
being guilty.
Ofthe stopper which had been found
he disowned all knowledge; declared
most solemnly that he had never seen it
| before it was produced in court; and be
asked, could the fact of its being in bis
house only few days ago, when hundred.
OF people had been there, produce upon On
in'paraa! mind even a momentary preju.
dise against him !? Ono fact, and only one
has been proved, to which it was possible
tor him to give an answer-the TACT Of bis
having gone to the bedroom of his house
keeper On the night in question.
He had been subject for many years of
his lifc to sudden fits of illness be had
been siazed witb ono on that occasion. and
had gone to her to proc are her assistance
in Lighting fire. She had returned with
him to bis room for that purpose, he hav.
ing waited in the passage while she nut
on: her clothes, which would account for
tho momentary disappearance of the light
and after she had rem aimed in the room
tor = tow moments. finding himsolf better,
be had dismissed her, and retired again
to bed, from which he had not risen when
he was informed of the death of his guest.
1t had been said that, after bis commital
to prison, his housekeeper had disappear
ed. He avowed that, finding his enemies
determined, if possible, to accomplish bic
ruin, he had thought it proboble thew
might tamper with his servant: he had
therefore, kept her out of the way: but for
what purpose ? Not to prevent her testi-
,nony being given, for she was now under
the care Of his solicitor, and would instant.
ly appear for the purpose of confirming,
as tar as she was concerned, the stats.
ment hs had just made.
Such Was the prisoners address, which
produced powerful effect. 1t was deliv-
cred in q firm and impreesrye manner.
and it's simplicity gave it an appea rance
ut truth. The housekeeper was then nut
in the box and examined ~ the counsel
for the prisoner. ACCORDING to the custom.
at the time almost universal. of excluding
witnesses from court until their testimony
was required, she was kept at o house near
at hand, and had not heard ono word of
the trial. There was nothing remarkable
IN her manner or appearance; she might
% about thirty.five, with regular tho1e eh
not agreeable features, and an alr perfect
ly free from embarrassment.
She repeated, in tho prisoners own
words, the story he had told Of his having
called her up, and her having accompan.
led him to bis room, adding that, after
leaving him, she had been awakened bv
the man servant in the morning with an
account OF tie travellers death.
She had now to undergo cross.examin.
alton, and l may as we'll state here, which,
though not known 10 me till atterward.
will assist the reader in understanding the
following scene. The counsel for protec-
ton bad. in bis own mind, attached oonsid.
cradle importance to the circumstances
mentioned BY. tho witness whe. saw tho
light that while the prisoner and the
were in the room Of tho for.
NOR, something like door, hsd interyen.
ed between the door and the candle and
the window which was totally irreconcil.
able with the appearance Of. the room
when examined; and had half persuaded
himeelf that there must be q secret closet
which had escaped the officers of Justice.
the opening Of which would account for
the appearance alluded to, and the exist
encs Of which might discover the pronertv
which i@:h ts had % %ysterious'y disappeared.
His object, therefore, was to obtain from
the hoosekeeper (the only person who
could give any clue to this,) sach lntor.
nation as he could get, without alarming
her by any direct inquiry on the subieot'
which, as she should not know how much
or how little the inquiry has brought to
light; and BY himself treating the matter
40 immaterial,. he lightly led her to con.
eider it 60, also, and by. that means draw
forth all shs knew. Xfter ssme unimpor.
tant questions, he asked her in a tone and
manner calculated rather to awaken con-
Gdence than to excite distrust.
During the time you were in Mr.. Smiths
room you stated that the candle remained
on the table in the middle Of the room p
Yes.
Was the closet, or cupboard, or what.
ever you call it, opened once or twice
while it stood there?-A pause and no
answer.
I will call it to your recollection.
After MIR. Smith had taken the medicine
out Of the closet did he shut tho door or
did 1t remain open? He shut it.
Then it was opened again for tho pur.
pose OF replacing the bottle, was it?-It
was.
Do you recollcct how long it was open
tho second time ?-not over minute.
The door when open, would be exactlv
between the light and the window, would
it not PIT would.
l forget whether you said the door was
on the right or left side of the window !?
The left.
Would the door make any noise in open.
ing it>-None.
Can you speak positively Of the fact I?
Have you ever oponed it yourself or seen
Mr.. Smith open TIL never opened it
myself.
Did you ever keep the keys?-Never.
Who did Mr.. Smith.
At this moment the witness happened tn
turn her oycs toward the spot where tho
prisoner stood, and the effect was almost
electrical. A cold, damp sweat stood up-
on his brow his FREQ had lost all its color:
he appeared living image ofdeath. She
no sooner saw him than sho screamed and
tainted. The consequences of her answcra
flashed across her mind.
She had been 50 thoroughly deceived by
the manner Of the advocate and bv tho
little Importance lie seemed to attach to
hor Statements, that she h I'd been led on
by one question TO another till she had
told him all that he wanted to know.
During the interval (occasioned by her
i!l"oss) US t" tho proceedings, s,lictGr for
the prosecution loft the court. It WINS
between 4 and S o'clock when tho iudro
resumed his sent on tho bcu.l, tho ,,r;v.