The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1881-07-06

the handkerchief Henry had taken
from his pocket before the jury and
given TO me, she identified IL in the
most positive manner; showed the
love knot on the corner that she had
tied in the ball room before the fight,
and also stated that she knew it was
his, for she had hemmed it.
| now trembled for fear the Dis
trict Attorney would ask her If she
did not hem both handkerchiefs, and
feared her answer would lead 10 a
discovery l most certainly did not
desire. / therefore Immediately ask
ed a question possibly not justified
by the rules Of evidence. The Dis
trict Attorney objected, of course; l
insisted; and soon, amid the smoke
and noise Of the legal battle, her an.
swer was forgotten, as l hoped it
would be.
The District Attorney commenced
the ress'examination in o very
harsh tone and manner, by asking
the witness the nature Of her rela.
ton to the prisoner. This was to
show the jury the interest she felt,
aud 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
expression, and l felt that the case
was safe, particularly if Ellen would
only continue to cry a little longer.
This she did, until the counsel for
the Commonwealth, fearing he might
prejudice his case, told her she
retire. Oil what a weight was off
my mind!
then called score of witnesses
to prove that the defendant had al.
ways sustained a most excellent
character, and rested my case.
| commenced the argument for the
defense; what | said don't recollect.
| spoke of the uncertainty Of circum-
stantial evidence; said that white
silk handkerchiefs 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 cir
cumstances, that led the witness,
Mr.. w., to wrap the handkerchief
around the wounded hand. If the
burglar, in entering the store, broke
u pane of glass, if he had accident
ally cut his hand, it would be most
likely that the same thought, begot.
ten by similar circumstances would
suggest to him or his companion, if
he had any, 10 wrap it up with his
handkerchief He was as likely to
be the owner Of white silk one as
the defendant. The rule of law was:
That sin circumstantial evidence the
inculpatory facts must not only be
consistent with guilt, but absolutely
incompatible with innocence" |
said something about the mother and
young girl, and the tender relations
existing between her and the defend
ant; and when, in conclusion, / spoke
of hotel and license to make drunk.
ards. Of the rising generation, |
thlnk.l made one man at least, with
good moral character, wish his rep
utation had been SO bad that the
court had refused his license. When
closed the case, | knew by the ex-
pressions 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
woman's tears? Says the proverb of
the Talmud: "Men should be careful
lest they cause women to weep, for
God counts their tears"
The court charged the jury favora-
bly,; they retired, and in q few mo-
ments returned with verdict of
Not Guilty. 1t was received with
every manifestation of approval; in
fact, the court had to suspend bus.
mess for few moments while Henry
was receiving the congratulations Of
the people.
Yes, Henry was acquitted, and al.
though IL 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 II l
had done nothing but procure the
acquittal of an honest young man,
who was made insane by man who
had license 10 do so; and while in
that mental condition had committed
a crime. But for the agencies Of the
law he would never thus have
sinned.
| have practiced law twenty long
and weary years since the event
above narrated, and have received
some very satisfactory fees; but never
have l felt the pleasure at the re-
ward paid me that | did when, at
parting with my clients, the poor
old mother, who had been well nigh
heart.broken, took my hand in hers,
and, while the tears streamed down
her cheeks, said, "God bless you Mr..
r., will pray for you as long as
l live" Henry is no criminal. He
never would have done it but for the
liquor he drank at that accursed no.