The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1878-12-12

L
Seaton's house,
DR.. Solon's evidence was in regard to
the condition of Hetty and Beriah on
the occasion. He also, in cross-exam-
nation, related a conversation between
the accused and himself, in which the
former had stated that Thorn was the
would-be assassin. But this was OBJ
jected to, and ruled out. The cross
questlonings of Thorn and the others
evoked nothing in favor of the pris-
oner.
Miss Mehitable Seaton was called by
the prosecution. David's cheeks
flushed, his eyes dilated at the mention
of that name. His love for Hetty was
still deep and fervent.
From the farther end of the room q
lady was ushered to the witness-stand.
She was plainly but fashionably dressed;
and she bore herself with an air of
quiet elegance which caused Oaktree to
stare astonished, remembering, as he
did, the unpublished rustic of former
days. She threw back her veil, and
displayed face which evinced educa-
ton and refinement in every feature.
It was David's old sweetheart, but pol
ished and improved almost beyond his
recognition.
| Oaktree's appearance at that moment
was not prepossessing, He had been
too sorely distressed in mind to care
about his personal appearance, and his
poor father, at the last moment, had
brought him by mistake an old blue
suit-which now hung about the wearer
world too wide at all points instead
of the new clothes ordered at Draper's.
the Oldtown tailor. David was thin and
haggard, beside. The contrast between
him and Hetty was marked indeed; she
with her air of elegance, he seemingly
as clumsy as the dullest plow-boy that
ever followed furrow
Now, Miss Seaton, please inform us
OF all you know concerning this brutal
business" said the District Attorney.
Hetty told her story up to the mo-
ment that Oaktree had met her and
Thorn. gt ah
"That's all, Miss seaton," said
Mr.. Fox, the District Attorney,
supposing that her memory, in
regard to the assault, was as i'm
perfect as ever. "The case for the
prosecution is closed, if the opposite
counsel has no questions to ask"
But, if you please, it is not all. The
most important facts, which [ now dis
tinctly remember, are yet to be rela-
ted" replied Hetty to the astonished
attorney.
Mr.. Shields, the counsel for the de-
Tense, himself much amazed, jumped to
his feet briskly.
"As you have done with the witness,
Mr.. Fox, and as the prosecution has
nothing more to prove, I will go on
with the Defense" he said. Please
continue, Miss Seaton."
'"Mr. .Oaktree," she said, asked me-
excitedly, to go back with him, and ap,
piled some uncomplimentary epithets
to Beriah Thorn, when the latter sud-
denly seized the spade handle, which
stood against the fence, stepped silently
behind Mr.. Oaktree and struck at him
with all his force. But shrieked out an
alarm, and he avoided the blow. Thorn
then aimed blow after blow in rapid sue
cession at David, which were parried. At
last the weapon descended with force
that would have made the stroke fatal
had itreached its object. But, impelled
by an uncomfortable impulse, I rushed
| between the two men, and gave Thorn a
push which caused his weapon to miss it's
mark. At this he, Mr.. Thorn" she
paused, and repeated the name-"'Mr
Thorn turned upon me, and exclaimed,
furlously: Since you are SO fond of
Dave Oaktree, you may as we'll die for
him ! or words to that effect; and struck
me here" exposing long cicatrice the
wound had left. "Had not David par
TALLY parried the blow / should have
been killed. I have dim recollection
that David snatched the spade handle
from Thorn and struck at him. Then [
tainted"
Mr.. Fox could not shake Hetty's tes-
timony although he ross-questioned
her at all points, with all the ingenuity
acquired by years of experience.
After she had finished, Oaktree's
council produced a document which
was admitted as evidence. It was state
ment of the affair written by David be-
fore his escape from the county jail.
The paper had been preserved as curl
osity, in the County Clerks office; it
was found to agree with Miss Seaton's
testimony in every particular. The Dis
trict Attorney was disguised and would
not make an argument. The defendants
counsel submitted the case of his client
without word. The Judge summed up
thus briefly.
"The prosecution has signally failed.
The witness Thorn has clearly perjured
himself. The Jury will find verdict for
the defendant
The jury found as directed, and David
Oaktree stood blameless in the eyes of
the law.
Beriah Thorn betook himself hastily
from the court, retired to the recesses of
his farm, and was permitted to remain
there unmolested.
David and Hetty-the latter accompa-
| niad nv her cousin HTre Var1on- M al -,