Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1872-04-20
WHOLE NUMBER 1863.


Boston, All were on board except her a
husband and'he, OH leaving the large
hotel over the way, was taken up for
robbery. Word was in the evening
sent by the prisoner to his wife to conc
on shore, with all her children and The
luggage aud SO she came back in che
pilot boat, and was in such state of
distress, that my brother, who is on the
preventive service, and saw her land, y
took pity on her, and bad her and her
children and things taken to lodging
over the way. As my brother knows
that we have London lawyer STAYING !,
here, he has advised the poor woman 20
come and consult you about the case"
"Well, I'll see what can be done. I.
Please desire the lady to step in." ...i,
A lady was shortly shown in. She
had been pretty, and was so still, but 1,
anxiety was pictured in her pale coun-
tonance. Her dress was plain, bat not
inelegant and altogether she had neat
and engaging appearance. -
'Be SO good as to sit down. said /,
bowing; "and tell me all you would like
TO say" Z 4
The poor woman burst into tears: but
afterwards recovering herself, she told
me pretty nearly the whole of her histo-
ry and that of her husband.
Lawyers have occasion to see so much
duplicity, that did not at once give as
sent to the idea of Harvey being inno-
cent of the crime of which he stood
charged. H. ... .-
'"I'here is something pcrfectlyi nexpli-
cable in the case" observed, "and it
would require sitting. Your husband, 1
hope, has always borne good charac-
ter % ..... .... -. l..s.l,
"Perfectly so. lie was no doubt nm
fortunate in business but he got his.
certificate on the first examination and
there are many who would testify to his
uprightness," and here again my client
broke into tears, as if overwhelmed with
her recollections and prospects.
81 think recollect Mr.. Harvey's
shop" said soo,hingly. sit seemed
very respectable concern and we must
see what can be done Keep up your
spirits the only fear have arises from
the fact Of Judge A being on the
bench. He is usually considered severe,
and if exculpatory evidence fail, your
husband may run the risk of being
transported" A word of more terrible
import, with which was about to con-
clude, stuck unuttered in my throat
"Have you employed an attorney Z" l
added. seq " -ss- -s
"No; I have done nothing as yet, but
apply to you, to beg of you to be my
husbands COUNSEL .r .-t -si-'
"WeH, that must be looked to. I
shall speak to a local agent, to prepare
and work out the case and we shallido
our utmost to get an acquital. To-mor-
row will call on your husband in prison.
Many thanks were offered by the un-
fortunate lady, and she withdrew.
] am not going to infict on the reader
detailed account of this remarkable
trial, which turned, as barristers would
say, on beautiful point OF circumstan-s
tial evidence. -.rF
Along with the attorney, a sharp
enough person in his way, examined
various persons at the hotel, and made
myself acquainted with the nature of
the premises. The more we investigated,
however, the more dark and mysterious
always supposing Harvey's innocence
did the whole case appear. There was,
not one redeeming trait in the affair, ex-
cept Haryey's previous good character;
and good character, by the law of Eng
land, goes for nothing in opposition to
facts proved to the satisfaction Of ajury.
1t was likewise most unfortunate that
A was to be the presiding Judge
This man possessed great forensic ac-
quirements, and was of spotless private
character but, like the majority of law
yers of that day-when it was no ex-
traordinary thing to hang twenty men
in morning at Newgate-he was
staunch stickler for the gallows as the
only effectual reformer and safeguard of
the social state. At this time he was
but partially recovered from a long and
severe indispostion, and the traces IF
recent suffering were distinctly apparent
on his pale and passionless features.
Harvey was arraigned in due form );
the evidence was gone carefully through;
and everything, so far as l was concern,
ed, was done that man could do. But
at the time TO which refer, counsel was
not allowed to address the court on be-
half of the prisoner-a practice since ia
troduccd from Scotland-and conse-
quently I was allowed no opportunity
to draw the attention of the jury to tbei
total want of any direct evidence of
the prisoners guilt. Harvey himself
tried to point out the unlikelihood of his
being guilty; but he was not man,
gif ed with dialectic qualities, and his
harangue fell pointless on the under
standing of the twelve commonplace in
dividuals who sat in the jury box. The.
judge finally proceeded to sum the evi,
ience, and this he did emphatically
against the prisoner, dwelling with much
force on the suspicious circumstance of a
needy man taking up his abode at an ex-
pensive, fashionable hotel his turtive
descent from his apartments by the back
stairs the uudoubted fact of the watch
being found in his trunk the improba-
bility of any one putting it there but
himself; and the extreme likelihood that
the robbery was effected in few mo-
ments OF time by the culprit, just as he
passed from the bar Of the hotel TO the
room which he had occupied. "If, " said
he m the iurv i'm concluding his address,