Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1893-05-12

/ - AohhNA 'AA y s@''
all, murder. One by one the black
record was spread before the Court, the
result of a series of years OF iniqultles,
the work of half a dozen Grand Juries,
and now, for the first time, the much
indicted man was in the hands of the
law to answer its repeated summons.
/ Judge Gary looked towards Brownell
How does the prisoner plead?'
"Not guilty to every count in every
Indictment, replied his attorney, one
of the younger lawyers in the city
"and We demand separate trial upon
each charge"
Amurmur of disapproval ran through
/ the room. Was this notorious desper
ado to escape through the very techni-
calities and delays of the laws he had
set at defiance.
"Then it becomes the right of the
| District Attorney to move whichever of
/ the indictments he may choose" re-
| piled the Judge. "Mr. Arnold, what
is the desire on the part of the peo-
/ ple?"
The gray haired prosecutor for the
county arose, and in deliberate and
| dignitied manner announced that he
would elect to try under the principal
Indictment
"The greater might he said in this
case, Your Honor. to include the less.
Should the prisoner be convicted of
murder, it will relieve both him and
j Al 4h,
and expense of trials for the lesser
crimes; should he be acquitted | shall
move an immediate trial under the in
dictment for burglary.
The crowd breathed more easily.
Brownell was not to escape after all.
/ cold Arnold II do him. whispered
one listener to another "the evidence
is Il dead sure thing! He's bound to
hang. an the Sheriii's posse thought
So, or they'd never a brought him III -
/ The preliminaries were soon over, "A
jury drawn and agreed to, the case
opened, and the trial begun.
Witness after witness WAS sworn in
rapid succession, and the dark story of
the crime with which Browncll was
chargcd-a street riot, resulting III the
death of one of the rioters-was re-
told III all its hideousncss. The crowd
listened with eager ears, untiring for
hours. though the heat seemed to grow
with the day; the lawyers bent more
closely over their notes; the Judge
forgot to lean back i'll his chair. and
even the prisoner, resting with man.
aclrd hands upon the rail Of the crimI-
nails box wherein he sat showed 10y
the gloom that gathered upon his
brutal face and the dull, angry glow in
his eye that he appreciated the dcsper-
ate strait i'll which he stood.
When the prosecution had rested,
the attorney for Bruwncll bent toward
him and whispered earnestly III his
ear. The man shook his head. Again
the lawyer addressed him, urging some
plan Of defense newly thought, with Il
gesture indicative of irritation, young
Stewart rose, and turned to address the
jury.
He told them of his clients carly
life, the lack of good influences, the
hard paths for childish feet the temp.
tations of youth, the struggles and
failures of manhood He told them OF
the fight for mere existence against
fate and fortune, with no one to len |
helping hand or breathe hrartcninp
word, of the frowuing face Of virtu,
and the tempting one of vice, of aspl.
rntions smothered, efforts unavaIling,
good intentions truddcn under foot,
and, at last, of hopeless, friendless, de-
spairing wlckedncss. He warned them
against circumstantinl evidence only
he spoke of the inherent right of sell
defense; he prayed their pity and the
benefit of the smallest cloud that might
cast II shadow Of doubt he opened and
closed the case without witness ant
sat down.
Mr.. Arnold summed up for the PEG,
ple-coldly, logically, convincinSly
and when rs he closed the level rays o
the western sun shot through the dusty
windows and lit the waiting faces o.
the Court and jury with their glory o.
crimson and gold, the prisoner, un
touched in the falling shadow where h,
sat, seemed, to the breathless audience
to rest beneath the gloom of certain
punishment, desperate and without re
prieye.
In few words the Court charged the
jury SO clearly, 30 fairly, that ever
Brownell raised his ashen face from tn,
,n,l hn hol lAun1 ~
more to study, with cleaning eyes
the countenances Of the arbiters of hi
fate.
AS the twelve left the room Their,
entered a child-a wee thing-in white
who wandered slowly in from the doc
: behind the bar, looked solomnly abou
rs if in search of some lost friend, unit
her gaze fell upon Judge Gary. Thel
! the little face frightened, and, with
t shout of Grandpa" she struggled
| through the chairs, assisted by the law
yers, and claimed seat at his side
where, for few moments, she whis
. pered softly to the old man as h
| waited for the hour of adjournment.
= Grandpa, it's going to rain, an
mamma wants 90 to come home
Zey's big cloud over Eat way, an it
= awful black !" and, with round eyes o
e wonder, she pointed directly towarC
the south.
f "But, pet" said the Judge, "grand
, pas busy now. Who said that yo,
could come here"
j.. ono one; only mammals 'fraid, al
l knowed she wanted 90, an it's bi
1 cloud, an it whirls and whirls, an j
q scared me, tool"
Q AS the Judge was about to reply
3, slight commotion attracted his atten
Q ton. A moment later the jury filed il