The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1880-08-27

table, and passed around in front, near
to him, and asked the following ques-
tons Us rapidly rs the answers would
permit
say that you were positive that this
handkerchief is the one you tied around
the defendants hand the night of the
ball ?"
Answer-"I don't know what you un-
derstood, but / said So"
q. (still holding the handkerchief in
my hand" What is there about this
handkerchief that makes you so posi-
tive 2"
A.-"The spots of blood; and it is of
white silk with raised towers on it. /
know it is the same one.
G." Now, sir, did You not say to Mr..
G. that, If necessary, you would swear
to lie to send Henry to the peniten-
tiary ?"
A. (witness in greater rage, if pos
sible, than before)-"No, sir, l did not
say SO. It's lie l never said it,"
g. (handing the witness the handker-
chief" Now take this handkerchief
and show the jury any marks there are
on it that make you willing to swear to
it, if you can, and tell the truth"
Witness took the handkerchief, opened
it, and pointed out the blood-spots to
the jury, and said : 81 know it is the
handkerchief / cannot he mistaken"
@" You can't Don't you some
times make mistakes, or are you always
right and never wrong 2"
A." You need not try to make me
say anything else. / know this is the
handkerchief
@" Now, sir, is not his the hand
kerchief? Henry turning to the de-
fendanD, give me your handkerchief. A."
He took the right handkerchief out of
his pocket and handed it to me. / took
it, and, holding it out TO witness. asked,
with all the severity Of tone / could
Now, sir, is not this the handker-
chief"
To say that the witness was astOnished,
is mild. That he was COMPOUNDED, was
certain. He took the handkerchief,
looked at it, and, completely broken
down, said he could not tell, bnt he be-
heved the one he held in his hand was
VIC Olc. LID WIS tic Oilc Illcu IldCl
brought me.
This ended the cross-examination and
"the commonwealth rested"
l opened the case for the defense. /
don't know what / said, but tried TO do
the subject justice
L then called Ellen to the stand. She
burst into flood of tears, and for some
time was unable to speak. Her relation
to the defendant was well understood.
and many eyes in the courtroom were
moist with manly tears.
The Judge-a most excellent old man,
and fine lawyer-spoke kindly to her,
and rs soon as she was able to proceed L
commenced the examination. She mar
rated the occurrence at the ball, and.
when L handed her the handkerchief
Henry had taken from his pocket before
the jury and given to me, she identified
it III the most positive manner; showed
the love-knot on the corner that she had
tied i'll the ballroom before the fight,
and also stated that she knew it was his,
for she hemmed it.
| now trembled for fear the District
Attorney would ask her if she did not
hem both handkerchiefs, and feared her
answer would lead to Il discovery | most
certainly did not desire. / therefore
Immediately asked question possibly
not justified by the rules of evidence.
The District Attorney objected, of course;
L insisted; and soon, amid the smoke
and noise of the legal battle, her answer
was forgotten, as | hoped II would be.
The District Attorney commenced the
cross examination in Il very harsh tone
and manner, by asking the witness the
nature of her relation to the prisoner
This was to show the jury the interest
she felt, and to affect her credibility.
At this she commenced to cry, and her
tears and sobs were more eloquent than
words. The jury looked at the "hard-
hearted attorney" with an indignant ex-
preston, and / felt that the case was
safe, particularly if Ellen would only
she did, until the counsel for the COM
monwealth, fearing he might prejudice
his case, told her she might retire. 0
what weight was of my mindl
then called IL score of witnesses to
prove that the defendant had always
sustained most excellent reputation,
and rested my case.
/ commenced the argument for the de-
Tense what / said L don't recollect. [
spoke of the uncertainty of circumstan-
tial evidence, and that white silk hand
kerchiefs were common enough in the
stores of the country that, when Henry
cut his hand with the broken glass in
the bar-room, it was a natural thought,
from the circumstances, that led the wit
ness, Mr.. W., to wrap the handkerchief
around the wounded hand. If the bur-
glar, i'll entering the store, broke pane
of glass, if he had accidentally cut his
hand, it would be most likely that the
same thought, begotten by similar cir
cumstances, would suggest to him or his
companion, if he had any, to wrap it up
with his handkerchief He was as likely
to be the owner of a white silk one as
the defendant. The rule of law was !:
That, Gin circumstantial evidence, the
inculpatory facts must not only be con-
sistent with guilt, but absolutely incom-
patible with innocence" L said some
thing about the mother and young girl,
and the tender relations existing between
her and the defendant ~; and when, in
conclusion, l spoke of hotel license to
make dIunkards of the rising generation,
4 II