The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-02-20

and there was neither cupboard nor press
in the room, which, but for the bed, was
entirely empty, the room in which he
dressed being at distance beyond.
He could say only one fact more-said
the learned counsel-and having done
this duty, it would be for the jury to
perform theirs
Within a few days there had been
found in the prisoners house the stopper
of small bottle of very singular ap-
peaTance. It was apparently of foreign
manufacture, and was described by the
medical men as being used by chemists
to preserve those liquids which are most
likely to lose their virtues by exposure
to the air. To whom it belonged, or 20
what use it had been applied, there was
no evidence to show.
Such was the address of the counsel
for the prosecution, and during its de-
livery l had earnestly watched the coun-
tenance of the prisoner, who bad listen
ed, too, with deep attention. Twice
only did l perceive that it produced in
him the slightest emotion. When the
disappearance of the housekeeper was
mentioned smile, as of scoTn, passed
over his lips, and the notice of the dis
cOvery of the stopper obviously excited
an interest, and, 1 thought, an appre-
hension, but it quickly subsidized. l need
not detail the evidence that was given
for the prosecution it amounted in sub
stance to that which the counsel stated
nor was it varied in any particular.
The stopper was produced and proved TO
have been found in the house but no
attempt was made to trace it to the
prisoners possession OF even knowledge.
When the case was closed the learned.
judge, addressing the counsel for the
prosecution, said he thought there was
hardly sufficient evidence to call upon
the prisoner for his defense and if the
jury were of his opinion, they would at
once stop the case. Upon this observa-
tiOn from the judge, the jury turned
round for a moment, and intimated their
acquiescence in his HonOr's views of the
evidence. The counsel folded up their
briefs, and a verdict OF acquittal was
about to be taken, when the prisoner
addressed the court. He urged the
court to permit him to state his case to
the jury and to call his housekeepeT,
with so much earnestness and was sec
onded so ably by his cOusel that the
/ learned Judge, though very much against
his inclination, and contrary to his usual
/ habit, gave way, and yielded to the re-
quest.
The prisoner then addressed the jury,
and entreated their patience for short
time.
He repeated TO them that he never
could feel satisfied TO be acquitted
merely because the evidence was not
conclusive, and pledged himself in a very
short time, by the few observations he
should make, to obtain their verdict
upon much higher grounds-upon the
impossibIlity of his being guilty of the
awful crime.
/ OF the stopper which had been found
he disowned all knowledge; declared
most solemnly that he had never seen it
( before It was produced in court and he
/ asked, could the fact of its being in his
( house only a few days ago, when hun
dreds of people had been there, produce
/ upon an impartial mind even moment
airy prejudice against him ? One fact,
and only one. has been proven to which
/ it was possible for him to give an answer
the fact of his having gone to the bed
room of his housekeeper on the night in
/ question.
lie had been subject for many years of
his life to sudden fits of illness he had
been seized with one on that occasion,
/ and had gone to her to procure her as
sistance in lighting fire. She had re.
turned with him to his room for that
in the passage while she put on her
clothes, which would account for the
momentary disappearance of the light
and after she had remained in his room
for a few minutes, finding himself bet
ter. he had dismissed her and retired Il
bed, from which he had risen when ht
was informed of the death of his guest
It had been said that after his commit
tai to prison his housekeeper had diSap
peared He avowed that, finding hi
enemies determined if possible to ac
complish his ruin, be had thought i
probable that they might tamper will
his servant, and he had therefore kept he
out of the way-but for what purpose
Not to prevent her testimony bein!
given. for she was now under the car
of his solicitor, and would instantly ap
pear for the purpose of confirming, S
far as she was concerned, the statemen
which he had Just made.
Such was the prisoners address, whicI
produced a powerful effect. 1t was de
livered in a firm and impressive manner
and its simplicity and artlesSneSS CAV
. it an appearance of truth. The house
keeper was then put in the box and eH
amined by the counsel of the prisoner
According to the custom of that time
almost universal. of excluding witneSse
, from court until their testimony was rt
: quired, she had been kept at hous
near at hand, and had not heard sing
word of the trial There was nothin
remarkablein her manner or appearance
; she might be about thirty-five or a lit
more, with regular though not agreeab
+ features, and an air perfectly free fro
, embarrassment.
She repeated, almost i'll the prisoner
own words, the story he had told of h
having called her up, and she havin
\ accompanied him to his room, addir
that after leaving him she had retiredt
!, her own room and had been awakeDt
: by man servant in the morning wit
. an account of the travellers death.
e She had now to undergo a crosse
I animation and | may as well stat
here, which, though not known'to me &
e afteTward, what will assist the reader
/ understanding the following scene IT
] counsel for the prosecution had, in b
+ own miud, attached considerable il
portance to the circumstance mentions
0 by the witness who saw the light, tn
Y while the prisoner and housekeep
s were in the room of the former. som
G thing like door had intervened betwe,
!, the window and the candle, which W
. totally irreconcilable with the appea
!, ance of the room when examined al
Y he had half-persuaded himself thatithe
i must be a secret closet which had esca
) ed the officers of Justice, the opening
o which would account for the appearan
O alluded TO, and the existence of viii
: might discover the property which b
= I so n1VSteriOuS1v vanished