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

to his counsel. Soon after his in
carceration he wrote to his mother
the poor woman, overcome with
grief, went to the city and EN-
ployed the lawyer who has been
referred to; but because they had
no funds to pay him he abandoned
the defense. By a singular inter
vention of Providence, George P.
Barker became his defender. The
story of the young man carried
conviction with it, aud aroused all
the sympathy of the lawyer. As
certaining the name of the sur
geon who dressed the wound of
Ames, be Immediately called upon
him; the surgeon proved to be a
gentleman of intelligence and
skill; ; he distinctly remembered
the circumstances Of dressing the
prisoners wound and its nature.
He did not hesitate to state that
it could not have been inflicted
by fall; that from lis peculiar
position and shape it must have
been the result of a blow from a
club, or some heavy instrument.
The next mOrning the trial
commenced. Mr.. Livingston con
Quoted the prosecution with his
usual ability and skill. He firmly
believed the prisoner guilty, and
therefore omitted nothing that
tonded to his conviction. Enter
ing upon the trial without an in
PRODUCTION to the young stranger,
who had bimself sought the con-
test, he did not stop to care CT
who or what he was.
The case, however, had not pro-
ceeded far before he was aware
that be had no common intellect
to contend with, and he began to
conceive a high respect for his OPP
ponent.
The cross examination Of the
convict witness was most search.
ing and effectuaI. At first he
sustained himself with u balance
and compoSure which seemed to
battle his interrogation, but at
length he stumbled, hesitaled and
became confused, and when he
left the witness box it was evi-
dent that his testimony had been
materially shaken. The cross
examination of the proprietor Of
the store which had been entered,
elicited the fact that no blood had
been found in it, and that the cor
ner of the counter which the wit
ness testified Ames had fallen
against, did not exhibit the least
appearance of any such occurrence.
The officer, who first discovered
he prisoner, on his cross exam
nation testified that n large pool
If blood bad gathered under the
lead of the young man on the
ground where he was found.
At length the district attorney
'ested. Barker, in a short, plain
md concise statement, presented
he theory of the defense to the
ury. The only witness whom
le called was the surgeon, whose
evidence corresponded with the /
tatement be had previously made,
establishing the fact thrt the
wound on the head Of Ames could {
lot have been made by falling
gainst the counter; that It must ,
ave bled copiously the moment
t was received, and as no blood
vas found in the store II could |
Iot have been given there that {
t was inflicted by a club, or some :
instrument of that nature. and be !
ave the reasons on which his
piniop was founded, and they
we're csgent and convincing.
With this evidence the young I
lwyer rested his case, and com /
lenced bis address To the jury.
nj his whole subsequent profession
| career be Lever made more I
accesstul or more briliilnt effort /
n the language OF one OF the :
ournals Of the day, MIR Barker.s ]
ddress TO the jury was a splendid ,
nd successful effort. lie Is ,
Dung lawyer, belonging 10 the !
'ulfalo bar, a graduate of Union |
ollcge, and was for some time q
tudent in the Office If AloHz5 {. ,
'age. ESQ. Of Schenectady lie .
,as admitted to the bar. we be. !
ieve. in the class Of October, 1890. [
Ie undertook the defense Of Ames, {
rompted by the sympathy winch !
e fe.t for the young man. whom :
e believed TO bc innocent ,
lany Of the Jurors were present
,hen his generous offer 10 defend
he prisoner was made, and they
aere'conscious that he acted from
and generosity. They
therefore, believed him sincere and
.orest IN h's efforts for bis client.
those who knew Mr. Barker can
r.u r..1.r-fru.t tho rhararf,.T and