Litchfield enquirer., 1872-03-21

Sacs sDuL | iauy Has called 70 see you sbout very distressing law case-yery distressing indeed, and very strange case it is too. Only, if you could be so good as 10 see her?"
 ss w v hgis sheg'.
 "All know about is Is this: she is 8 Mrs. Harvey She and her husband and children were to sail yesterday for Boston. All were on board except her husband; and he. on leaving the large hotel over tiie way, WaG taken up for robbery. Word was in the evening sent by the prisoner to, his wife to come on shore, with all her children and the luggage; and so she came back III the pilot boat, and was in such state Of distress, that my brother, who IS on the preventive service, and saw her land, took pity on her, and had her and her children and things taken. to a lodging on the quay. As my brother knows that We have London lawyer stay Ing here, he has advised the poor woman to come and consult to you about the case.'
 "Wall, I'll see what can be done. Please desire the lady to step in''
 A lady was shortly shown in. She had been pretty, and was so still, but anxiety was pictured in her pale countenance Her dress was plain, but not inelegant; and altogether she had neat and engag- ing appearance.
 ''Be so good as to sit down." said I, lowing; ''and tell me all you would like to say"
 The poor woman burst into tears; but afterwards recovering herself, she told me pretty nearly the whole of her history and that of her husband.
 Lawyers have occasion to see so much dupEcity, that I did not at once give as- sent to the idea of Harvey being innocent of the crime of which he stood charged ''There is something perfectly inexpi- cable ill the case," I observed, ''and 1t would require sitting. Your husband, I hope, has always borne good character?''
 Perfectly so. He was no doubt un- fortunate i'll business; but he got his cer- tihcate on the first examination; and there are many who would testify to his up- rlghtness. and here again my client broke into tears, as if overwhelmed with her re- collections and prospects.
 "I think l recolleot MT. Harvey's shop, said soothingly. '1t seemed very re spectabie 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 exculpa- tory evidence fail, your husband may run the risk of being-transported." A word of more terrific import, with which was about to conclude, stuck unuttered in my throat. "Have you employed an attor- ney?" added.
 No; have done nothing as yet, but apply to yon. to beg of you to be my hus- bands counsel.
 Well, that must be looked to. I shall speak to local agent, to prepare and work out the case; and We shall all do our utmost to get an acquital. Tomorrow I will call on your husband in prison"
 Many thanks were offered by the unfor- tunate lady, and she withdrew
 am not going to infiict on the reader a detailed account of this remarkable trial. which turned, as barristeEs would say, on beautiful point of circumstantial evil dence.
 Along with the attorney, sharp enough person in his way, examined various persons at the hotel, and made myself &C., qualnted with the nature of the,premises. The more We investigated, however, the more dark and mysterious-always SUD- posing Harvey's lnnOcence-didth the whole case appear. There was not one redeem ing trait in the affair, except Harvey pre- vious good character; and good character, by the law of England, goes for nothing In opposition to facts proved to the satis- faction of jury. It was likewise most unfortunate that A-was to be the pre- siding judge. This man possessed great forensic requirements, and was of spot less private character; but, like the major ity of lawyers of that day--when it was no extraordinary thing to hang twenty men in morning at Newgate-he was a staunch stickler for the gallows as the on- ly efectual reformer and safeguard of the social state. At this time he was but par tially recovered from long and severe in- disposition, and the traces of recent sui ferlng 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 was concerned. WAS done that man could do. But at the time to which refer, counsel was not allowed to address the coMrt on behalf Of the pris. oner-a practice since introduced from Scotland-and consequently was allow ed no opportunity to draw the attention of the jury to the 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 gifted with dialectic qualities, and his harangue fell pointless on the understand 1ngs ot the twelve commonplace individ- uals who sat in the jury-box The judge finally proceeded to sum the evidence, and this he did emphatically against the pris- oner-dwelling with much force on the suspicious circumstance of 8 needy man taking up his abode at an expensive, fash ionable hotel; his furtive descent from his apartments by the back stairs; the un- doubted fact of the watch being found in his trunk; the improbability of any one putting it there but himself; and the ex- treme likelihood that the robbery was effected in few moments of time by the culprit, just as he passed from the bar of the hotel to the room which he had oc- cupied. ''If, " said he to the jury, in con- cluding his address, 'syou can, after all these circumstances, believe the prisoner to be innocent of the crime laid to his charge, 1t is more than I can do. The thing seems to me as clear as the sun at monday. The evidence, in short, is ir- resistible; and if the just and necessary provisions of the law are not enforced in such very plain cases, then society will be dissolved, and security for property there will be none. Gentlemen, retire and make up your verdict"
 The jury were not disposed to retire. After communing a few minutes together, one of them stood up and delivered the verdict; it was Gully! The judge assum- ed the crowning badge of the judicial po- tentate-the black cap; and the clerk of arraigns asked the prisoner at the bar, in the usual form, if he had anything to urge why sentence of death should not be pass ed upon him.
 Poor Harvey durst scarcely look at him. As the sonorous words fell on his ears, he was grasping nervously with shak- ing hands at the front of the dock. He appeared stunned, bewildered, as man but half-awakened from hideous dream might be supposed to look He had com. prehended, though he had scarcely heard the verdict; for on the instant, the voice which but few years before sang to him by the brook-side, was ringing through his brain, and he could recognize the lit- tie pattering feet of his children. as. sob