The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-22


there are times when. after q conviction,
he secretly SAYS to himself:
Thank God 1t was the jury's work. not
mine! / did not convict him
But he deceives himself. The average
iuryman, even one who is without preju-
dice and means to do rightly. is but tool
] OF the most cunning and able OF the two
lawyers pitted against each other before
him. Some drops of the innocent blood
the jury sheds must cling 10 the hands OF
the prosecutor.
When the court resumed its session,
after the brief recess another person sat
within the railing among the lawyers. a
/ little elderly gentleman, at sight OF whom
/ Lem Pawiett almost wept for Joy, and the
prisoners heart felt thrill of hope.
Dorn's counsel formally announced to
the court that since the closing OF the de-
fence new and most important evidence.
completely demonstrating the innocence
of the prisoner at the bar, had been put
in his possession, and he asked that the
court grant permission for the reopening
of the defense and the admission of this
/ testimony.
I The prosecuting attorney argued long
and earnestly against the introduction of
any further evidence at the present stage
of the proceedings. In view of the high
character and standing In the profession
OF the proposed witness, who had been
made known to him in the judges private
room, and with whose reputation he was
vel! acquainted. he did not dare to cast a
shadow of suspicion upon the proposed
evidence as manufactured and unworthy
of belief or consideration. Evading that
issue, he confined himself to opposing IS
| informal, irregular, and liable to be
| viewed as a dangerous and evil PRECEDENT,
0 h - hn III i'm
properly convicted for lack of this evil
dence. the prisoner, he argued, would still
have his relief in a new trial, which the
court of appeals would be sure to grant if
the new testimony was indeed material.
Mr.. Dunn made a strong plea for the
accused against the injustice of condemn
ing an innocent man to await in prison,
under the shadow of a sentence to death.
! and in an agony of suspense. the slow &C
| ton OF the court OF appeals, rather than
disturb the mere formality OF trial
Finally, the judge ruled-as he had in
tended to before either OF the LAWYERS said
a word-that the new evidence should be
admitted.
The little elderly gentleman, responding
! promptly to the crier's call for "Pelatiah
] Holden" took the stand, was sworn, and
| testified:
MY name is Pelatiah Holden; / reside
| in New York, and am a lawyer by profess
sion. | have been the legal adviser of the
brothers Peter and Jacob Van Deust IN
certain money matters; and upon bust
ness connected with their affairs, visited
/ their house on the evening of the 10Th of
| July, coming from New York by boat to
Sag Harbor and thence riding over on
horseback"
That was the night upon which Jacob
Van Deust was murdered, was it notH
the prisoners counsel interposed.
ITO the best OF ny present information
] and belief the murder was perpetrated on
the night of the 18th, or morning of the
Goth"
Yes, sir. Proceed, sir"
al remained with the Van Deust broth
ers, taking supper with them, receiving
their signatures TO some papers, and hold
| ing q consultation with them in regard to
| the investment OF certain monies belong
ing to them jointly, until as nearly as
can now remember, about fifteen minutes
before 8 o'clock in the evening They
| pressed me to remain all night, which 1
declined to do. as bad business of i'm
portance to attend to In New York, for
other clients. and was DESTROYS of return
ing as speedily as possible TO the city.
When / took my departure Jacob Van
| DSusL accompanied me TO N09F0 my morse
was hitched in the lane, and we stood
there talking few minutes. There was
no wind stirring. and the mosquitoes an
nOyed me very much. In switching them
from the back OF my neck with my hand
kerchief | dropped it accidentally, and the
horse CHANGED to step upon it, trampling
it into the dirt OF the lane. Seeing that it
had been rendered unfit for present use,
Mr.. Jacob Van Deust was kind enough 10
offer me the loan OF clean one which be
had in his pocket, and l thankfully &C.
cepted 1t. l mounted my horse, said
good-by. and set out upon o new road tina
Mr. Van Deust-the younger brother,
mean-had recommended to me as short
ening considerably the distance | had to
travel.
81 had ridden, as nearly as l can Judge
about q mile, or perhaps only seven
eighths of a mile, when, in passing
through cutting that depressed the road.
way to the depth of nine or ten feet below
the surface of the ground on either side,
found. lying upon the ground and groan
ing, young man..
do you recognize that man among
those here PRESENT.
II do, sir. 1t was the prisoner at the
bar He informed me that, having beer
unacquainted with the existence of thai
new road, he had just sustained q severe
fall into it. His injuries seemed TO cor.
robOrate his statement, at least so far as
bis fall was concerned. His scalp was
badly cut in at least two places, and he
was bleeding protuselV.
when | assisted him to rise he found
that one OF his ankles-the left. believe
was so seriously sprained that he could
not bear to rest his weight upon it, anC
! could not walk a step without assistance
l used the clean handkerchief which wa:
In my possession. together with one ht
had to bind up his head and stanch the
flow OF blood. after which / supported
him TO the beach, where he hoped, hi
said. to find a small vessel to take him t
J New Haven, where he resided But h,
was only able to move very slowly. anC
when we arrived at the waters edge nj
vessel was in sight. While we were de
batting what was best to be done with him
under the circumstances. Il small fishing
boat came within a short distance OF thu
shore, and the person directing its move
, | ments responded to his call He Offered
the person in the boat-who appeared t
be an old man. accompanied by a boy
the sum OF SO TO taks him over to New
Haven, which offer was accepted. | az
5 sisted him to enter the boat, and, when
3 sailed away. returned to where | had lef
| cd m toI h -,