The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1873-02-08

my good, kind friend, even though we
pray. witnesses will not come to us unless
We seek them, and unless we can secure
evidence, prayers, j fear, will be Of little
avail"
BLESS my soul, girl, you are right, " said
the Sergeant, in his usual hurried tone
Yes, Bertha was right. There would be
fewer failures IN this world, and less suf
fering, if all mankind appreciated the theo-
logical truth and practical sense Of George
Herbert's line
Help thyself and God will help thee"
The day set for the trial was close at
hand il was known that two of the most
eminent lawyers in the State were secured
for the prosecution, and it was also known
that the Commis issioners had not gwen the
prosecuting attorney permission to engage
such counsel 1t was, therefore, correctly
surmised that certain parties eager for
conviction, were using their money freely
to secure that end. In the daily press the
prisoner was almost daily tried at the bar
If public opinion and as often convicted
and hanged and as the jurors who were
to try the case were to be drawn from this
same public it will be seen that the prison
er's chances uf having impartial Justice
meager. But then, the panel would con
sIst of thirty-six jurors, and among tha'
number at least twelve might be found
honest and unpreJudiced, who would hear
the case and decide strictly in conformity
to the evidence produced. So thought
Mr.. Lanspere, the Sergeant, and Richard
himself
The rsIrire fIcidS was made out, according
to the usual custom, by the Clerk Of the
Conrt at the instance Of the prosecuting
attorney, and when a copy of the panel,
made out by the Sheriff, was delivered to
the prisoner one day previous to the trial,
as the law directed, it was found that out
of the thirty-slx jurors returned, thirty
four were employers of labor, or large cap
italists Whether this was the result of
chance, or whether the Sheriff was subsl-
diced and manipulated the drawing Of the
panel to suit those who thlrsted for the
prisoners blood, are questions that will
likely remain unsolved until that awful
day when the grave will give up its dead
and its secrets together As it was, it
presented but very little encouragement to
the accused of what avail was his right
TO peremptorily challenge nearly two-thirds
Of the panel when the remaining third
we're equally Objectionable : Truly, he
was as powerless a. the fly in the meshes
of the spiders web.
The day Of the trial dawned at last 1t
was a beautiful day in June-the air was
mildly warm, the trees and lawns looked
enchantingly lovely, fresh and new in the
garb 50 recently furnished them by mother
nature; 1t was day that exerted upon the
mind and body an enlivening, exhilarating
influence everybody seemed abroad and
happy LaSalle and Clark streets pre-
sented gay and cheerful appearance. No
one seemed to think Of the sorrowing man,
debarred of freedom, unjustly charged
with evil, stricken down with the weight
of "sorrow crown Of sorrow, who counted
the minutes as they slowly tohim) dropped
from the hours glass Of time into the abyss
Of eternity A great crowd seemed to con
tlnually press up and down the broad steps
that led from both LaSalle and Clark streets
to the broad hall that ran clear through the
massive, spacious Court House. All the
halls in the building seemed alive with
Jabberlng, restless humanity On the
bench, IN the Criminal Court room, sat
Judge Maclester, large, heavy man net
very tall full round face, dark, piercing
eyes, hair inclined to curl This latter fact
might be omitted, as the Judge could not
boast Of a profusiun Of hairy ornamental
tlon. But to render this defect invisible
he, to use the language Of Addison, sought
to initiate Caesar, who, because his head
was bald, covered that defect with laurels r
the acknowledged legal erudition and Judi
cial probty Of the Judge far out Weighed
the bad effect, if any, his hairless scalp pro
duced on the beholder.
The court room was crowded to its
utmost capacity y-every foot Of space was
occupied Nine o'clock The Judge gave
a slight nod, and the Oyer Oyer Oyez
Of the crier was heard above the confusing
hum Of voices, and the Court was open for
business. The Judge opened the docket
and cried i'll a loud voice "The State Of
Illinois rersus Richard Arbyght.' =
Silence deep as the grave nov reigned in
the room for moment. The prosecuting
attorney said the State was ready to pro
coed Mr.. Lonspere did not desire post
pone.nent, 50 the Sheriff was directed to
bring in the prisoner This was an awful
moment for Arbyght to face that sea of
staring, gaping, open-MOuthed faces, Wa,
a task that required all his nerve, all nls
manhood, all the force Of his being He
walked i'll firmly, manfully, and hooked to
the right and left sternly fearlessly, but
not detautly In few moments lie was
to be tried for his life, not before the Great
OmnlscIent unraveler Of mysteries and
unveIler of secrets not before the Dis
penser Of Immutable Justice but before
tallible, corruptlblc beings, who could see
nothing but what was made plain, and
wlo, even then, might not dispense Justice
to the accused. The Clerk Of the Court.
in clear voice, read the Indictment, which
was drawn up in the usual form, and
charged that Richard Arbyght, on the
fourth day Of May, in the year Of our Lord
one THOUSAND eight hundred and -. IN
the County of Cook, aforesaid, did unlaw-
fully, malIciously, purposely, and feloni-
ously, Kill and murder one Thomas Miller
and one Tatam Mahoney thesa Richard
Arbyght being then and there engaged in
the perpetration of the crime of arson /.
that is to say, being then and there en-
gagged in setting fire and burning the shop
oi one Alvan Relvason, there situate.
wherein the said Tatam Mahoney and
Thomas Miller then and there were; and
the said Richard Arbyght, then and there
being, did unlawfuIly, forcibly, and Of de
hberate and premedItated malice, make an
assault and that the said Richard
Arbyght certain pistol then and there
charged with gunpowder and divers, to
wit ;sthree leaden bullets, which said pistol
he, the said Richard Arbyght, in his hand
or hands, then and there had and held.
then and there unlawfully, purposely, and
of deliberate and premeditated malice, did
discharge and shoot of, to, against, and
upon the said Mahoney and Miller"
1t would be unnecessary and superhuous
to follow the Indictment through all its
Pathological meanderings after legal exact
ness suffice it to say thai Richard Arbyght
was accused Of arson, and heinous double
murder. After the indictment had been
read, he was asked to plead guilty or not