The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1888-01-24
4 JURY'S MISTAKE.
by y. NJ. BARRON.
Written for The Constitution.

p well hnoTn sporting man, had been in prog
hess five days, and public interest had been at
gever heat since the trial began, indeed, feel
ing had been high since the night of the muir
der, which occurred SIX months before.
7 The murder was in cold blood, and the ar
Test OF Jere Fontane for the crime. caused as
much, If not more excitement than the murder
Stself. There was not q man in the whole city
more generally known or more universally
liked, than Jere Fontaine, consequently he
had his friends, who had worked both night
and day in his behalf They had absolutely
left no stone unturned that was. calculated to
help the accused, and they had gathered at the
court house to hear the verdict of the jury,
t4gho had been given the case the evening be-
fore.
"Hayc you verdict, gentlemen" asked
The judge, in slow, measured tones.
''Wo have, your HONOR answered the fore
man.
mr.. Solicitor, please receive and read the
verdict said the judge, as he assumed lis
tening attitude.
The large crowd of spectators seemed to have
Almost quit breathing, 50 still was everything.
The solicitor took the paper from the hand of
the foreman, and slowly unfolding it, turned to
the judge and read:
"We, the jury, find the prisoner GUILTY."
There was one wild, despairing Shrek from
the rear Of the courtroom. The widest excite
ment prevailed. Men rushed hither and
thithcr running over women and children,
who by this time were screaming and halloa-
ing The sheriff and baillffs raped loudly for
f.ofder in court" but all in vain. A young
lady who had entered the room as the solicitor
read the verdict, had tainted. That was all,
but it was the widest time ever seen in a court
of justice.
When the verdict was read, Jere's face
blanched, but there was no perceptible change
in his general demeanor. Apparently he was
as calm as he had appeared all during the trial.
Order being restored, the judge turned to the
prisoner, and in a commanding tone, said;
"Prisoner, stand up!'
Jere promptly arose.
"Have you anything to say why the sentence
Of death should not be passed upon you?''
- "Only this, your honor. On the night of
March the twelfth last at II o'clock, the time
Shts murder was committed, was at my faith
er's house, asleep, and knew nothing of it until
i read an account Of the tragedy i'll the morn
ing papers. The man who accused me was
Wrong in his accusation; the jury that con-
yicted me have made the mistake of their
lives and if I am hung my life. will be taken to
j5ay the penalty for q crime | never commit
ted. 1t matters not what tho jury says; it
matters not what the world says; in the eyes
Of Him who ruleth the universe, | am an inno-
cent mani"
Y The Judge gave a perceptible start at this
declaration, and it was easy to see that he
was visibly affected. However, the jury had
Said that the prisoner was guilty, and nothing
remained for him but to pass sentence, which
he did, after the usual preliminary remarks
The execution would take place just six weeks
l.. Ill., l.
Lord have mercy upon your SOUL" left the
Judges lips, the courtroom was soon vacated
and the first act of the most interesting trial
that ever took place in NJ had been played.
II
Seated around the fresde in his magnificent
mansion were Judge Hopewen, his estimable
wife and charming daughter-his only child
Adele. The judge was deeply engrossed in the
contents of the evening paper; Mrs. Hopewell
was industriously plying the needle in the
crocheting, while Adele was busily engaged
putting the finishing touches upon pair of
silk-embroidered slippers which she intended
presenting to her father as birthday present
an event that was near at hand
81 see,'' said Judge Hopewell, looking up
from his paper, "that Fontane the prisoner
that is to be hanged Friday for the murder of
his innocence, and says that he is the victim
of diabolical conspiracy, But then, they are
all innocent until the day arrives, when thew
Generally confess. That was q strange case
though continued the judge, laying aside his
paper, land must confess that his statement
had its effect upon me. There were a dozen
witnesses who swore positively that the muir
derer was Fontane. He was described so
accurately that there seems to be 10 posi-
bility of doubt as to the right man. Charlie
Skies, the young man who was sleeping with
Longey the night of the murder, swore posi-
lively that Fontaine was the man. His evil
dence together with all the other witnesses,
made out very strong case, however" and
the judge looked steadily into the fire, 81
can't throw off the feeling that seems to have
come over me to stay, that probably, after all,
Fontaine is innocent and the wrong man has
been convicted. Inever sat upon case be-
fore that has so strongly impressed me-"
. Adele was all attention and seemed to be
deeply interested in what her father was say
ing Turning slightly pale, she suddenly OK
claimed:
"And don't believe he is guilty."
"What?" asked the judge and his wife in
breath, you don't believe he is guilty?'
"No really, I do not"
"What makes you think SOP"
Gather" answered Adele, evading his
direct question, edo you remember the commo-
tion that occurred in the courtroom the day
that Jere-Mr. Fontaine '-coloring-"was
sentenced to be hanged?'
eyes" said the judge refectively, II re-
member some person screamed when the yer
dict was announced"
1 Every particle of color had left the cheeks
OF Adele by this time. Her breathing was
Quick and hard, and she nervously clutched
the slipper which she held in her hand.
"Do you know who that person was,
father?'
"No, have no idea; I supposed though
that it was some ofh people,
"You were wrong" answered Adele, rising
and advancing toward her father "it was
none Of his people,"
Judge Hopewell looked at his daughter
with puzzled air. Waiting a moment for
her to proceed, he asked, taking her by the
hand
"Who was it then, Adele?"
ellis affianced bride!"
Judge Hopewell gave a little start at this.
a,d r,t,, his hand uervore1v thrc1,oI l,ie 1,oir