The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-03-01
TRI-W EEKLY EDITION.

court was done, I found that by ar
rangement with the attorneys every case
had been put of, so as to have the MUIR
der trial first. So the jury was drawn.
l knew that every man in the jury box
believed her guilty, but I could not help
it. 1t was impossible to get any jury
men who thought differently.
The prisoner was brought in hand
cutfed. L thought the Handwriting was
unnecessary, but the sheriff took that
precaution. The first impression that
came to my mind as I looked at the
prisoner, was, how could one so young
and so beautiful commit such terrible
crime9 She turned her pale; tear stain
ed face and looked at me. In that pitt
I'll look read her prayer. It was that
l should protect her.
care you guilty, or not guilty?" said
the district attorney.
"Not guilty." Her answ er was in
firm, sad voice.
For a moment l allowed myself to
believe that she had pleaded truthfully.
But when heard the subdued hiss that
came from the people, said to myself
she lies.
The evidence was conclusive. Her
husband had come home the worse for
liquor. They had some hard words; she
had told him that if he did not
stop drinking, she would stop him.
"You will be sorry for it. If you
don't stop, you will be dead man.
will be better off as yoatr aOidoaU than as
the shaving wife of q druni1ard." Then
right after the quarrel she had bought
poison. She told the druggist that she
wished to poison some cats that dis
turbed her sleep. The next morning
the dead body was found and the doctor
found poison in the body. There was
only one thing that looked queer. She
had not been allowed to see the remains,
AS I said before, Tie evidence was
conclusive, and the verdict of the Jury
was "guilty," and I must do my duty.
"Mary Brainard, stana up."
She staggered to her feet and stood
facing me.
''The jury have found you guilty of
murder in the first degree. Have you
anything to say why the sentence of
the court should not be passed upon
you?"
81 am not guiltyp She bowed her
head and stood waiting for what was to
come.
"Mary Brainard, this is painful
duty which I have to perform. Usually
Ill passing sentence upon one found
guilty of crime, court passing that
sentence utters words of advice to the
guilty. IL this case cannot do so; the
crime is too great. 1 will proceed at
once to pass the sentence of the court.
Mary Brainard, the sentence of this
court is that on the 21st tiay of Februa-
ry next, between the hours of IL o'clock
at noon and Q O'Clock in the afternoon,
in the court house yard, at Plalnyille,
you be hanged by the neck until you
are dead, and may God have mercy upon
your soul!
AS soon rs I had finished. she sank
back IN her chair, like one exhausted.
The people III the court room cheered
in token of their approval. Just as the
sheriff was about to take her back to the
jail, a man elbowed his way through
the crowd, to where the prisoner was.
Clasping her in his arms, he cried out:
"Maryl Maryi"
She gave one wild scream. T shall
always remember it. I heard her say:
'John, is this you2" She then fell
forward upon his shoulder.
The dead was alive; it was her hus-
bandl
eyes, he said, ri am this womali's
husband. am John Brainard. went
away vowing that I would not return
again until I had frecl myself from my
appetite for drink. I am now q sober
man, and thank God that I am able to save
my wife from being murdered simply
because the law says So"
Ah"ts my stofy, continued Judge
Holmes. "Ever since then L have had
no taith in clrcumstantial evidence"
"Who was the man that they found
dead2" asked one of the lawyers.
'"That never knew; case of suicide,
perhaps" replied the Judge.
'"rhat was a queer experience, but it
is only fair illustration of what may
have occurred many times in the past"
said one.
"And may occur many times in the
future" said another.
'"Fhat is true," said Judge Holmes,
"But here Is the Judge of this court.
The train must have been behind, or he
would not have been so late. Business.
gentlemen, we must now attend to bus
iness."