Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1873-10-16

: ably defended; and l say more
l he shall not be convicted unles:
l his guilt be made apparent; | al
5 least will compel the people tc
make it apparent"
; "Do you desire the assistance
| of Mr.. K.?" asked the Judge.
4" Not if your honor please;
will assume the entire response.
: bility of the defense"
The court signified its assent.
Edward Livingston was then
district attorney of Albany county.
I He vas learned and eminent in
his profession, eloquent at the bar,
a pleasing speaker IN the popular
assembly, a politician of rare ca
pacity, and a formidable prose-
cutting officer. Such was the man
with whom Mr.. Barker, with a
little over two. years experience
at tie bar, was to contend.
The court readily granted a
postponement Of the trial until
the next morning, to enable the
young lawyer to consult with the
prisoner and prepare for trial.
Language cannot describe the sur
prise, joy and gratitude Of Ames
and his mother at this unexpected
appearance Of "A defender. A
short consultation with them con.
vinced him that the young man
was not guilty, although sur
rounded by a train of ci.cum,
stances which seemed to point
with almost indubitable certainty
to him as young but hardened
criminal.
He was the only son of the poor
woman present, and she was
widow. Their residence was at
Fort Ann, in the county ofWash.
ington. A few days before the
commission of the crime with
which he was charged. the young
man came to Albany for the pur-
pose Of obtaining employment
there Z; he soon made the acquaint-
ance Of "A very friendly appearing
man, who seemed to take much
interest in him, and kindly offered
to assist him in obtaining employ
ment. One evening he was in
vited by his friend to accompany
him and examine some personal
property which was then in a Ger.
tain building which he had rented
in the city. Although 1t was quite
late wheu this proposal was made,
George asSen;ed. On their way
they overlook two persons with
whom his friend was acquainted ;
the latter invited these persons to
accompany them they consented,
and in a few moments George and
his companions found themselves
in the rear of large building.
His friend now informed him that |
he greatly desired to enter that |
building, which was his, but as he |
had forgot the key, be must force |
an entrance, and produced small |
iron bar which he handed to |
George, directing him to pry open
the shutters to one OF the windows |
with it, and force his way into
the building, promising to reward |
him very literally for his trouble.
In moment the young man un-
derstood that he was in the pres,
ence Of burglars, and, horror
at the thought, attempted
to rush from their presence ; but
before he made three steps he re-
ceised a blow upon the head
which felled him insensible to the
ground. When he returned to
consciousness he was at the police
station, with .tandage about his
head. As soon as he was able to
be moved. he was conducted be-
fore magistrate, and bis exami-
nation took place From the tes.
timony be learned that the build.
ing was broken and entered, and
that he was one OF the persons I
charged with the offense. All OF
the wretches succeeded in making
their escape except one, who was
arrested next morning turning
50 states evidence" he insisted .
that young Ames was the princi-
pal in the affair, alleging that be .
entered the store, and that while
there be stumbled over some OBJ /
iect and fell, his head striking the I
corner of a counter, woundIng him .
and rendering him j2sensible, and
when his accomplices made their
exit from the store they removed
their wounded companion, iu-
tending to convey him to a place
Of security until he recovered. but
when they had proceeded a short
distance they were alarmed and
hastily 0ad, leaving him on the
ground. where the officers discov.
cred him :
Such was the evidence OF the
alleged acro'n?liec Of George be.