The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1874-10-22
A TRIAL FOR PERJURY.

In heaven we shall all be together again.
Mrs. Ellen Larya6ee Ldtimore. IN Ladies
REPOSITORY
A TRIAL FOR PERJURY.
nal court in l., in the Province of
$, q trial for perjury excited unusual
interest. The accused was an accom-
plished young girl, who for some years
had been governess in wealthy fam
lily, and whose conduct had been above
reproach.
She had been called as 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 con-
scquently the charge Of perjury was
brought against her. Less on account of
the false oath than of the theft commit
ted by beautiful and highly-cultured
young lady, the courtroom on the day of
the trial was filled to repletion. | was
unavoidably hindered from being pres
ent until the proceedings were nearly
ended.
The counsel for the prisoner had risen
to speak for his client. He was digni-
fled old gentleman, and was usually
somewhat stiff, cold, and measured in
his manner of speaking; but to-day his
voice trembled, and it was evident that
he was deeply moved.
Gentlemen of the jury" he began
81 have stood here many times to defend
the accused, but never before with SO
heavy heart as to-day. While l have
never been more fully convinced of the
Innocence of my client, l have, on the
other hand, never been more fully con-
scious Of the difficulty, of the improba-
bility, perhaps, of obtaining favorable
verdict
"The accused is an orphan. BY the
death Of her parents before she had
scarcely reached womanhood she was
early cnmnnled to seek her broad 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 man
ners and modest in her pretensions-
| without there ever having been the
shadow of doubt with regard to her
honesty, when all at once She was ac-
cused of theft and arrested. She has as
sured me that she was unjustly convict
ed | have practiced my profession for
| fifty years. Long experience has made
me insensible to tears and plausible
stories Here, gentlemen, there were no
tears. Her words were simple, but Ito
mel convincing. The accused was not
guilty Of the theft, and consequently
she could with 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 punished,
but had been the victim of great injus.
Ece.
81 am, or course, not unmindful 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 substan-
tiated; but l beg, gentlemen, that you
will for moment imagine yourselves i'll
the place of the accused. Again she had
found a situation; nothing was known OF
her having been imprisoned; for some
years she had discharged 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 | ask you, gentlemen, could she,
even had it been true, make confession
that would have sent her out friendless
into the cold world? Would it not have
required more than human strength to
make such a confession? Can you not
understand, gentlemen, that what she
suffered when she was asked, Have you
ever been punished for any criminal Of
fense?' was sufficient to rob her, for the
moment at least, of reason9
"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 a
Young girl who, on single occasion
and, gentlemen, in this instance, even
that is not the case here-has committed
a fault for which she has fully atoned by
long years Of irreproachable conduct
be brought together for time, long or
short, with the dregs of society? Never,
gentlemen-never Till now her soul
has been pure and unsullied. Were she
to serve term in the penitentiary what
would she be then? Who will assume
the responsibility of sending her there
"I can say no more, gentlemen. l
leave the case in your hands, and trust
and pray that you will give me verdict
Of Not guilty"
The old iurist's plea was listened to
with breathless silence. It was short,
but on that account all the more effect
i've. 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 out her hand to her aged coun-
sci. Where had l 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 story of bit
ter suffering; but when and wheres l
tried to awaken recollection, but my ef-
forts were 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 proved,
and which alone, said he, should govern
them in finding their verdict. In speak.
ing Of the life of the accused, he said
"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" .--f