West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1888-08-31

tiOn, even to the extent OF training
his client when to weep.
The solicitor arose, and with q
few cold remarks, swept away the
cobwebs of the case. The man had
stabbed another wantonly. If the
knife was the property of the de
ceased. why was it not produced in
court?Lthe defendants wife had
picked it mp. nf pen s"
He passed the case to the jury,
and the judge prepared to deliver
his charge, when the old gentleman
in gray rose to his feet.
IF your Honor please" he said
in u deep tone, the honesty and pur-
pose of which drew every eye upon
him, "the prisoner is entitled to the
closing, and in the absence of other
counsel / beg that you mark my
name for the defense. With the
permission of my young friend who
has so clevcrly stated the defense,
will speak upon the case
"Mr. Clerk" said the court, "mark
General Robert Thomas for the de-
fense.' The silence was absolute.
The iurymen moved in their seats.
Something new was coming. The
old gentleman laid his hat and stick
upon the table, and drawing himself
up to his great height fixed t6s
bright eve upon first one and shen
another of the jury, looking down
into their, very hearts. Only this
old man, grim, gray, and majestlcal-
" defiant, stood between the negro
behind him and the grave. The fact
seemed to- speak out of the silence
every man on that bench. Suddenly
his lips opened, and he said with
quick but quiet energy:
"The knife that was found by the
dead mans side was his own. He
had drawn it before he was stabbed.
Ben Thomas is brave man, q strong
man; he would not have used a
weapon upon him unarmed" AS he
spoke he drew from his bosom q
long, keen knife, and gently rested
it's point upon the table. The solic-
itor's watchful eye was upon him.
The attention of all was gained, and
the silence was intense. "It has
been asked, Where is the dead mans
knife? Let me give you my theory:
When Bill Fowler staggered back
under the blow OF Ben Thomas,
clutching his wound, and the knife
fell to the ground, the lightning's
flash was not quicker than the
change born in q moment il the
bosom of that erripg woman, the
unwitting cause of the tragedy. UP
to that moment she had been weak
and yielding; she had turned aside
from the little home, that should
have been her all, to gamble with
strange men; to tread the dangerous
paths which beset the one safe road
true woman's feet may know. 1t
had thrown q shadow over the hum
BILE home; the husband drunk upon
its porch was the mute evidence OF
its presence. In the awful moment
of that tragedy, when the dancers
stood Mortified. this woman became,
as by an inspiration, wife again
Deceived herself, she caught up the
tell tale knife and hurled it into the
swamp, destroying the evidence OF
her husbands innocence when she
sought to conceal one evidence of his
guilt. This, / say, is theory. You
remember her cry was, Kun! " His
listeners stirred, and whisper went
round the room.
sBut there is other evidence, gen
tlemen of the jury. Should l be
forced TO ask for q new trial, it will
be developed that this poor woman,
repentant now, thank God! walked
in three days from the scene of that
tragedy TO my home, seventy miles
away, to ask my aid and counsel;
that, eluding me in Macon, though
footsore and weary and crazed with
grief she returned by night to that
swamp, and laboring under an ex
citemcnt as intense as the first, that
brought the scene before her so viv
idly that she was enabled ID lind the
knife, did find it, and but that an
accident to my vehicle delayed me
it would have been offered here in
evidence"
"May it please your Honor" said
the solicitor, ''mucb as l dislike to
interrupt the honorable gentleman,l
do not think it is proper to intro
duce with the argument evidence
that has not been offered upon the
trial" 1ft no
"If your honor please, and the
speaker turned to the prosecuting
officer with quiet dignity and gen.
tleness that disarmed him at once.
"a decision upon such proposition
is not needed. l willingly admit
what is claimed. But, sir, offer no
evidence, not even this knife, with
the name of the deceased upon it.
though it comes from the hand of
the woman who, it has been proved,
snatched almost from under his hand
a weapon, when he fell to the ground.
l am but arguing a theory to account
for the facts that have been proved.
But, gentlemen of the jury" and the
knife fell to the table as he turned