Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-05-01


taken Gnls most unnatural course because
i have at this moment only received from
the witness, whom shall rnt in the box,
a communication which is of the greatest
moment to my unhappy client, the pris-
oner at the bar, and l have to beg hat
your honor will be pleased to summon the
jury from their room to hear The state
ment of this Witness"
"a most unusual request" said the
judge. I'VE will consult with the other
judges in the other courts and let you
know" and he left the room.
What could that girl, who sat SO silent
and so pale, lave to do with me? | traced
back and thought of every face | had seen,
but hers was not there. I had never seen
her before.
What a weary time it was. Messengers
hurried to and fro: the officer who had ar
cested me, and had since proved my friend,
was everywhere. First he came in with a
thick Clarto volume, over which my
counsel and his junior and the girl looked,
and, pointing out q certain page, seemed!
quite satisfied and happy; then he pushed!
up near the witness-box an individual who
looked like a well-to-do tradesman. The
ushers cried "Pray, silence in the court"
as the judge re-entered.
"Ihave consulted with the other judges,
who think that under h circumstances
you may recall the jury"
The jury came in, looking, in their sur
prise, like men Weakened out of sleep.
Gentlemen of the jury" said the judge,
"the counsel for the defense wishes you to
hear a witness who has suddenly presented
himself"
Herself, your honor"
"Herself, who has, in his opinion. most
important evidence to offer in this matter.
|, You will carefully guard against giving it
any undue weight, coming as it does il
the form of a surprise"
"Call Patrick Murphy, said his counsel.
Murphy came in. "Now, you remember
you swore that You saw the prisoner intiict
the wound on the deceased"
II did. 1saw him as clearly as / see you
new. 1t was a bright, full moon, MS light
as day. Isaw his face plainly"
eThat will do. Call Phelim O'Curra.n
He came. aYou said just now you saw
the prisoner inflict the. blow on the de-
ceaSed?"
II did, sir; I saw him as well as I see
him now"
what kind Of a night was it,"
"Full, bright moonlight, as light almost
as it is now
You can go, Call Lenora Warrington
The girl in the counsel's seat rose and
went into the box.
@Your name is Lenora W~arringtonsn
ayes"
what are you3"
Teacher at the Brooklyn Female col
lege.p
"Do you know the prisonerY
mo-"
Nor the deceased"
aNo."
snow will you state t the jury what
you know about this natter"
"The evidence against the prisoner
turned upon his identity, which was estab-
lished by his having been seen. It occurred
to me that it would be worth while to try
if it were possible that he could be seen.
The table in my prayer-book shows that
the Paschal full moon, by which Easter is
determined, fell, in 1854, on the 18th of
April. The period between full moon and
full moon is Twenty-Five days, twelve
hours and forty-four minutes. If, then,
the fulm moon fell on April 12, it would
fall respectively on the 18th of May, tie
10th of June, the 9th of July and the Sth
of August. On the 23d Of August it would
be new moon; it would therefore be i'm
possible TO see him, as they describe, for
there was at that time no moon visible. y
There was a dead silence while she spoke
and for about a second afterwards and
then the court house rang with shouts.
People got up and shook hands with one
another; my counsel pressed up to me and
shook my hand and slapped me on the
back, and for i've minutes it seemed a
perfect bapel-mena and women crying and
shouting.
Silence in the courtln exclaimed the
monotonous voices of the ushers.
"And besides the book and the caIcnla.
lions which L hold in my hand, what other
evidence have you of the truth of .his
statement, which we are of course unable
to deal With"
have, your HONOR said my counsel.
the Nautical Almanac for the year 1854.
and you Will see at once that there was no
| moon on that night--the Goth Of August. D
Has the counsel for the prosecution any
| question to ask this witness?n
ayes, your honor. Now, mind. witness,
you are on oath. Do you know the pris.
onerfs
mo-
"Never saw him before?o
"Neyer, till saw him in the dock: TODAY
l heard OF the trial, and l knew the name
of Rydon well; it was the name of nv
late fathers Oldest and best friend. and I
thought it possible this might be his son
or a relative"
@And what is your opinion, now yop
have seen htm2 Do you think he ia tbs
son of your fathers friend?p
81 am sure of it as l could be of3 .-r
thing, if the portrait my father had i
correct"
"You may retire, Miss Warrington. y sa;f
the Judge, and carry with you the thanlss
of the court and the jury for your assist.
a,lce.n
She left the court with but one glance Of
sympathy at me. I knew and felt r WINS
safe. She bad nc sooner left the box thar
the Weii-to-do tradesman occupied it.
Il want to give evidence in this casa.~
swear him, usher" said lac judge, im-
patiently,
Now said my counsel, 4state what YOU
know, my good man.
Il am a jeweler and matchmaker. r he.
iieve the seal to Phelim O,Curra's watch
chain Is a seal / made for Mr.. Smithson
before he went to Europe.n
will you swear to itPn
yes, II l may handle it for a seconds
Curfa was brought in and the mo-
henc the Jeweler touched the seal the for
ner siuns down as if struck.
What are Won doip 9p he o,l