The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-12-05
A TRIAL FOR PERJURY.

family, and whose conduct had been
above reproach.
She had been called as a witness in an
ordinary civil suit, and had answered
in the negative the usual question as to
whether she had ever been punished for
any criminal offense. By accident it
was afterward discovered that she, some
years previously, had been sentenced
to prison for thirty days for theft, and
consequently the charge of perjury
was brought against her. Less on ac-
count of the false oath than of the theft
committed by beautiful and highly
cultured young lady, the COURTROOM,
on the day of the trial, was filled to re-
pletion. [ was unavoidably hindered
from being present until the proceed
ings were nearly ended.
The counsel for the prisoner had risen
to speak for his client He was dig
nified old gentlemen, and was usually
somewhat stiff, cold, and measured in
manner Of speaking; but to day his voice
trembled, and it was evident that he
was deeply moved.
"Gentlemen of the jury" he began,
& have stood here many times to de-
fend the accused, but never before with
so heavy heart as to-day. While |
have never been more fully convinced
of the innocence of my client, have, on
the other hand, never been more fully
conscious of the difficulty, of the impos-
sibility, perhaps, Of obtaining favor
able verdict.
The accused IS an orphan. By the
death of her parents before she had
scarcely reached womanhood, she was
early compelled to seek her bread
among strangers. A liberal education
enabled her to obtain situation as
governess. For two years she was in
the same house-always industrious,
simple in her manners, and modest in
her pretensions without there ever
having been the shadow of Il doubt with
regard to her honesty, when all at
once she was accused Of theft, and az
rested. She has assured me that she
was uni Justly convicted. | have prac-
tised my profession for fifty years.
Long experience has made me insensi-
bic to tears and plausible stories.
Here, gentlemen, there were no tears.
Her words were simple but (to me- con-
vincing. The accused was not guilty
Of the theft, and consequently she could,
with a clear conscience, answer the
question with regard to having been
punished for any crime, as she did in
the negative, for she had not been pun
shed, but had been the victim of a
great injustice.
| am, of course, not Tlnmindful of the
fact that my opinion can hardly be
taken into account. The defense is
compelled to admit that if judged solely
by the evidence, the charge has been
substantiated; but | beg, gentlemen,
that you will for a moment imagine
yourselves in place of the accused.
Again she had found situation; moth
ing was known of her having ever been
imprisoned; for some years she had dis
charged the duties of her position to
the entire satisfaction Of her employers:
she had won the love and esteem of a
large and cultured circle Now, l ask
you, gentlemen, could she, even had it
been true, make confession that would
have sent her friendless out into the
cold world? Would it not have re-
quired more than human strength to
have made such confession? Can you
not imagine. gentlemen, that what she
suffered when she asked, "Have you
ever been punished for any criminal
offense % was sufficient to rob her, for
a moment at least, of her reason?
The unusualness of the case will eX-
cuse me, | trust, for calling your atten-
ton to the severe punishment that must
follow your verdict of Guilty. Shall
young girl who, on a single occasion
and, gentlemen, in this instance, even
that is not the case here-has commit
ted a fault, for which she has fully
atoned by long years of irreproachable
conduct, be brought together for a
time, lCng or short, with the dregs of
society? Never-gentlemen-never
Till now her soul has been pure and I'M
the penitentiary, what would she be
then !? Who Will assume the response
bility of sending her there
L can say no more, gentlemen. |
leave the case in your hands, and / trust
and pray that you will give me a verdict
of Not guilty."
The old jurist's plea was listened to
with breathless silence. 1t was short,
but on that account ali the more effec-
tive. No one seemed to be unmoved,
and many of the women present wept.
glanced toward the accused; she raised
her eyes with look of gratitude, and
reached ont her hand to her aged coun-
sci. Where had | seen this pale but
beautiful face, this wealth of dark brown
hair, and these large, honest eyes ? 1t
seemed to me as though these very lips,
at some time, had told me a story of
bitter suffering. Int when and where 2
| tried to awaken recollections, but my
efforts We're fruitless.
The Judge began the usual charge to
the jury. While it was evident that he
felt deeply for the prisoner, he called
the attention of the jury to the facts of
the case, which had been clearly
proven, and which alone, said he, should
govern them in finding their verdict.
In speaking of the life of the accused,
he said:
g For three years after the offense of
which she was convicted, her conduct
has been thoroughly exemplary, for the
theft was committed on the 9Th of April,
1871"
At these words flood of recollections
came upon me, and with them came the
joyous certainty that the young girl
would soon be free-free through me;
that it was IN my power to save her
from moral death. Near me sat the re-
porter of one of the local
papers. before him lay brief account
of the young girls previous life, and of
the principal facts concerning the sup
posed theft. | asked to be allowed to
look at the paper for moment, andran