The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1880-09-03

Q.-"Yeu 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. I know this is the
handkerchief
O." Now, sir, is not this the hand
kerchief? Henry burning to the Gle
fendant), give me your handkerchief
He took the right handkerchief out of
his pocket and handed it to me. I 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 confounded.. was
certain. He took the handkerchief
looked at it, and. completely broken
down, said he could not tell. but he be-
heved the one he held in his hand was
the one This was the one Ellen had
brought me-
This ended the cross-examination, and
g the commonwealth rested. 49, af.
i opened the case for the defense. [
don't know what [ said, but tried to do
! the subject justice
i then called Ellen to the stand. She
burst into a 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 most excellent old man.
and fine lawyer-spoke kindly to her,
and as soon as she was able to proceed
commenced the examination She mar
rated the occurrence at the ball, and,
when / handed her the handkerchief
Henry had taken from his pocket before
the jury and given to me, she identified
1t IN the most positive manner; showed
the love-knot ON the corner that she had
tied in 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 discovery [ most
certainly did not desire. L therefore
Immediately asked a question possibly
not justified by the rules of evidence.
The District Attorney objected, of course;
insisted; and soon, amid the smoke
and noise of the legal battle, her answer,
was forgotten, as hoped it would be.
The District Attorney commenced the
cross examination in 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 l felt that the case was
safe, particularly if Ellen would only
continue to cry little longer. This
she did, until the counsel for the COM
monwealth, fearing he might prejudice
his case, told her she might retire. o
what weight was off my mind! .t.1.
then called score of witnesses to
prove that the defendant had always
sustained a most excellent reputation,
and rested my case.
1 commenced the argument for the de-
| Tense what [ said [ don't recollect.
spoke of the uncertainty of circumstan-
tial evidence, and that white silk hand
kefchiefs 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 natural thought,
from the circumstances, that led the wit
ness, Mr.. W., to wrap the handkerchief
around the wounded hand. If the bur-
glar, in 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, sin 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, | spoke of hotel license to
make drunkards of the rising generation,
think l made one man at least, with a
good moral character, wish his reputa-
ton had been so bad that the court had
refused his license. When closed the
case, [ knew by the expressions on the
faces Of the jury that Henry was safe.
The District Attorney made an able
argument; but when did either law or
logic ever succeed against a womans
tears Says the proverb in the Talmud:
"Men should be careful lest they cause
women to. weep, for God counts their
tears"
The court charged the jury favorably;
they retired, and in few moments re-
turned with a verdict of Not guilty. 1t
was received with every manifestation of
approval; in fact, the court had to sus-
pend business for few moments, while
Henry was receiving the congratulations
of the people. U..
Yes, Henry was acquitted, and, al
though it was accomplished as much by
legerdemain as by law, and may not
meet with the approval of every one, yet
have never regretted my acts In the
case. Why should L? had done moth
ing but procure the acquitta1 of an hon
est young man who was made insane
bya man who had a license to do
so, and while in that mental condition
had committed crime. But for the
agencies of the law he would never thus
have sinned; and if ever the Jesuitical
doctrine was true, that Sometimes the
end iustifies the means, it was true in
this case.
Care of Trees and Shrubs.
In view of the drought which prevails