The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-22
XXII.
Isl LIE NANE oF JrsTIcE.

bIed in to fight fret for front places and
then for any place at ALL the lawyers
who had entered by the judges private
stairway-Ssre already seated inside the
railing, chatting and laughing with cheer
full indifference; the prisoner, looking
worn and haggard, was seated in his place,
and the two droWsy jurymen were already
commencing to yawn.
The defense began the presentation of
its evidence Immediately. Mary Wallace
was recalled TO the stand to testify that
when her lover was leaving her on the
evening Of the night of the murder be told
her that be was going back to New Haven
In Mr. Hollis sloop. But the prosecuting
attorney objected, and the court ruled
that the prisoners statements at that time
were not admissible. Mr.. Hollis OF New
Haven bore witness that Dorm had come
over from New Haven with him that
evening, had said that he might not re-
turn that night, and did not return to the
beach at the appointed hour to accompany
him back Altogether, Mr.. Hollis evil
dence was rather injurious than other
wise, and the prosecuting attorney looked
pleased as he made note OF 1t. Lem
Pawlett was called to testify that the
tracks left by the murderer In the soft
earth OF Dir. Van Deust's garden were
those OF a man wearing high-heeled, fash
ionable boots or shoes, and having much
smaller feet than Dorm Hackett. but as ne
bad taken 10 measurements OF them, and
only judged from memory, and didn't
know the size OF Dorn's feet and was, as
he readily admitted, friend of the Dris-
oner. the prosecuting attorney in cross
examination made 10 to be inferred from
his manner that there was no doubt in his
mind that the witness was deliberately
periu-ing himself in the hope OF helping
the case OF the accused. And at least five
of the jury responsibility looked as If that
was the way they ielt about 1t.
Then Witnesses we're put forward as sea-
fGTing experts 10 prove that on the night
of the murder there was almost a dead
cain. on the water, such as would have
made il impossible for sail-boat 10 60
from Napeague Inlet to New Haven in the
time that II was claimed by the prosecu-
ton Dorm had gone. But when the pros
ecuting attorney got 10 bullying and con-
fusing them in crOss-exanination, he
made them cav that they could not really
swear whether the calm was that night or
the night before, or the night alter, or two
or three nights distant either way; and
one OF them even admitted that perhaps
IL might have blown q gale on that par
ticulsr night, for ali ne WAS now prepared
TO make oath to about 1t. Simple minded
people, vino 10 not know how much more
LAWYERS bark than bite, when going
through tie ordeal of cross-examinG;ion
are apt to feel much as thu toad proven.
bially does when he finds himself under
the harrow.
Things were going s1immingly for the
prosecution. The defense was forced 10
fail back upon It's last and always weakest
intrenchment-Droof of previous good
character and reputation. A few persons
were found to swear that they had known
Dorm Hackett from his bOyhOod. and had
always considered him honest, indus
trious, truthful and kind-hesrted, and
they were confident that such was his
general reputation. Uncle Thatcher was
one Of those witnesses, at his own request,
and the prosecuting attorney who had, in
some mysterious way, learned much more
than be should have been permitted to
know about the witnesses for the defense,
asked him sneeriEgly:
Did not this excellent young man,
about three years ago. perpetrate an un-
provoked ana brutal assault on your son?
NO, SIR, replied the old man sternly
"He thrashed him, as he deserved for q
contemplate action"
But all those witnesses to good charac-
ter had to admit thai they had known
nothing OF Dorm for three wears past, dur
ing which time he had been away from
the viilaee-Whaing. it was said but fol-
all they knew 10 the contrary he might
have been living the most vicious and i'll
regulated lie in some big city. Then G
stronger witness in that direction took the
STAND, Mr.. Merriwether of New Haven
owner OF the schooner OF which Dorm wa:
susster. and he could. and did, swear posi-
lively that be knew Dorm had been on
three years whaling voyage, had since
been steadily IN mis- employ. and was il
all respects moral, sober. and an entirely
trustworthy young man Of irreDroachablt
character. The prosecuting attorney see
ing that this witness was one who could
no. be easily blufed or confused. con
tented himself with asking:
you are his employer. are you not?"
Eyes. sir"
"And interested in getting him back Il
work for you, as you deem MIN a GOO
sailor?"
"Yes. sir. But"
"Never mind. That will DO, sir. 1 an
through with this witness" And thu
prosecutor sat down, looking with scorn
full smile toward the jury, as if he couiC
have said to them confdentially: "Yol
see this man cares nothing whether tn
prisoner IS guilty or not of all the crimsl
forbidden by the decalogue, if he onl,
serves him we'll"
In those days q person accused was no
permitted 10 go upon the stand in his owl
behalf and give his testimony, under tn
sanctity OF an oath. as is now allowed hin
by the law. Iheu he might be grantet
the privilege Of making his statement, bu
it would DO merely statement, and th
prosecution was very careful al WAYS, whel
prisoner thus spoke for himself, to i'm
press upon the jury that his unsworn al
frmatiOn Of Innocence was of no valu
whatever, when weighed in the balanc
against other mems aifidavi,s. Stres
would be laid upon the time and know
ledge the accused had had to enable hi
preparation OF his own version OF the a
fair, and undue prominence and impoi
lance given 10 the fact that no could nc
be cross-examined. In this way an artft
prosecutor could generally neuiraIize a
good effect the accused might otherwis
produce, il not, indeed. make the poe
wretchs asseverations of innocence absC
luteiy harmful to him. by stirring up III
suspicion, antagonism, and secret cor
seriousness OF infallibility In the minds
the jury, who resent attempts 70 deceiy
them.