Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1889-08-02

the honesty and justice of which /
have in many cases unbounded conf
dencc but at the time speak of the
law as to this kind of defense was not
settled then Judges charged Juries-
THAT If the Defendant had the power
of mind to distinguish right from wrong
and committed crime the law held
him responsible" Now the law is, that
the defendant must not only be able to
distinguish right from wrong, but must
have the will power to avoid the wrong
and do the right in order to be RESPONSE
BILE. The latter being altogether the
most sensible and humane construction /;
For of what use is a knowledge of right
from wrong to a person so constituted or
affected rs to be powerless to avoid the
wrong, and to do right. The insane
know right from wrong, but this mere
knowledge, is not strong enough 10
govern their actions. But to my story I;
l could not claim she did not know
right from wrong for she was constantly
accusing herself and praying to Al
mighty God to forgive her and take
care OF the soul of her poor dead baby.
"Oh my poor Baby !" why did take
your sweet life ~ "Oh God forgive
me I" "Oh my Lord bless my poor
baby y These were her constant eiacu.
latlon and prayers ; can not describe
them-they were heart-rendlng. AS
her reason returned to her health
came hack by degrees aud when she
innocent appearing, charming young
4 tn N fnr
a moment believe her guilty of murder,
and still there was the deliberate act
which could not be contradicted by the
defense. During her long confinement
in Jail, she had told us her tale of woe,
and in order to test and prove in court
the truth of her statements had looked
up the evidence of her past history. 1t
was tale of the foulest pertdy, on
the part of young man in the south
part of Wood County, (who is still liv-
ing) and the most heartless desertion
of betrayed and unfortunate girl by
her own brothers and sisters, in the
time of her most terrible trial. As her
trial approached / had prepared the
facts and the law, fortifying myself
on every point as best could, knowing
had shrewd and talented and un.
scrupulous attorney to contend with in
the person of the then Prosecutor of
this county, with no hope of reward,
except the pittance always grudgingly
paid TO lawyer by the Commissioners,
entirely inadequate to the service rem
dered. / studied that case and prepared
it as well, if not better, than many cases
of homicide have since tried In the
expectation of large fees.
One beautiful morning in the latter
part of May in 1861, the Judge took his
seat, the Sheriff opened the court and
my fair client was brought from Jail
into the crowded court room. Murder
cases were not as frequent then as now.
There had never been but one execution
in the county. The whole country
around came in to hear the trial. Men,
women and children came in and
brought with them baskets of provis-
ions and the court house yard at all ad
journments presented the appearance of
May Gay picnic, rather than trial for
life or death. The prisoner, through her
counsel plead not guilty aud the trial
began. In very short time the States
evidence was all in and the Prosecutor
rested his case with an air of triumph,
and there was apparently feeling OF
pity for the young prisoner, but it was
easy TO see that, mingled with this pity,
escape-she must hang. The facts were
In her defense? She had deliberately,
purposely and with legal malice, thrown
her own innocent offspring into The well,
intending TO cause its death and had
thus murdered her own child. Some
said her air of innocence was all as
sumed; others said / had trained her as
! to her appearance and demeanor. All
had done in this line was to have my
wife furnish her with neat plain dress
and bonnet and to ask her and the good
wife of the Sheriff to sit by the side of
the girl during the trial, which they
willingly did. Among the jury | saw
old grey headed fathers, and young men
who were brothers of some of The faircst
| girls OF our county But there was on
the jury one young man, n son OF one of
the prosperous men of the vicinity, who
happened TO come into the court room
as the jury were beng made up and he
was called into the box to ill the panel,
not having been of the original number
summoned. 1t was evidently his first
experience as a juror. From the open
| ing of the evidence until the State closed
he seemed to listen with marked at
tentioD and to be pleased il any littl,
thing came out which shed ray OF
hope ON the fair prisoners s case and
seemed sad when the evidence went
hard against her. AS the prosecution
link by link, wound the iron chains OF
the law and facts around her. and he
was obliged to accept and believe in heI
guilt, one could see the great struggle
which was going on within him. Ht
was evidently intent on performing Iii
duty and would render verdict accord
ing to the law and facts. but the deepes
commiseration at the fate of my unfOr.
tunate client WAS depicted in every line
OF his countcnance. 1t was remarked
by all that il John d could i'm an,
way bring himself to doubt her guilt III
would never consent TO verdict o
guilty, but as yet there seemed no hope
The trial progressed slowly. i begaI
the defense by proving the previou
character Of the defendant in order
remove all prejudices the many rumor
concerning the girl and her preyiou
history had caused, and which an
sorry 10 say, had been zealousl
, fostered by the Prosecuting Attorne
and Others Interested. And right her
let me digress from my story to 81
Prosecuting Attorneys seldom realiz
that IL is as much their duty to see to
! that no innocent person IL punished, 4