Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1895-08-08

was rather sharp or acute in tone.
had but one question of Importance to
put to the witness. l trembled toput
it, for the answer might not, on the
one hanA, do the prisoner any service,
while, on the other hand, it might
seal his fate.
Having asked a few questions on
rather unimportant points, I put to
him the fateful question of which I
spoke, determined, Of course, should
the answer prove unsatisfactory, to
drop that line of cross examination at
once.
"'What sort of voice was the voice
of the man in the grove that evening?
l asked with all the unconcern which
l could assume.
But the Judge and my learned
brother on the other side, and the jury
and more especially the foreman of
the jury-grasped at once the impor-
tance of the question. saw that fact
visible; the strained look of attention
on all their faces as they breathlessly
awaited the answer. The die was cast.
However the answer might be favor
able or unfavorable to the prisoner at
the bar-I saw l was bound, and would
be obliged to pursue the matter to the
end. had the occupants of the jury
box particularly under my gaze. l
watched, as every counsel does, the
effect of each statement on the jury,
so far as that effect manifests itself on
their faces. noticed that the fore
man of the jury-a rather young man,
with a self-absorbed manner-listened
for tn. answer of the blind witness to
my question with the most intense and
painful anxiety. The reply of the wit
ness followed quickly on my question.
"It was deep voice, said the
blind witness
"How my heart Jumped at the an
swerl Here was the first important
point for the defense
Would you recognize that voice
again p l asked. The witness said
Yes, and every one believed him,
for the extraordinary keenness Of hear
ing in the blind is a well-known fact.
I began to entertain some hope for the
prisoner.
"My lord, l said, turning to the
Judge, 4 should like the prisoner to
speak few words l am sure you
recognize how essential it is for the
purpose of my cross examination.
Certainly, certainly, said the
Judge. Prisoner at the bar, be pleased
to address a few words to me
My lord, exclaimed the prisoner,
in tones of the deepest feeling, before
God l protest that l am innoc ent Of
this crime.
"The voice Of the prisoner was, in
its intense earne.tness, Shrill and pierre
ing. 1t certainly was not deep
voice.
Well, said I, resuming my cross
examination of the blind witness, is
that like the mans voice you heard in
the grove before the shots were fred?'
"'No, said the witness, not bit
like it..
"'You are sure of that p l asked.
al could not be surer Of anything,
he again replied.
81 scrutinized the foreman Of the
Jury again. He seemed to be laboring
under the greatest agitation. When
the Judge had reviewed the evidence
the jury retired, and after an hours
absence returned into court. At last
the foreman handed the issue paper to
the clerk of the Crown.
"'Gentlemen of the jury, you agree
to your verdict? asked the clerk Of
the Crown.
Yes, responded the foreman IN a
deep voice.
The blind witness, who sat in the
well Of the court, Just below me, now
started up, laboring under the most
intense excitement, and fixing his
sightless eyes on the jury box, listened
Intently tor the declaration oI Tue 'eI-
dict.
You say the prisoner is guilty?
continued the clerk of the Crown.
"'Yes, my lord, guilty, responded
the foreman, in bis deepest and most
solemn tones and with a remarkable
emphasis On the word guilty.
But it was not for the verdict that
the blind witness had been listening.
1t was the voice of the foreman Of the
4 jury, which stirred him to the soul,
and when it fell second time on his
ears he loudly exclaimed
my lord, that's the voice l heard
/ N Rurtou Grove lust before the MUIR