Courier Democrat. (Langdon, N.D.) 1891-1920, 1896-12-17

&|'|j|Eg|EA4
A Most Injured, Most Unhapph Yet
Most Innocent Maiden"
OF Mr.. Valorous Brightwel, who could
! not see any reason for such enthusi.
astic gratitude.
| Eut the clerk of arraigns was sum-
moning witnesses for the defense, and
the attention of the spectators was i'm
mediately attracted.
| These witnesses were some of the
household servants Of Allworth Abbey,
and some Of the friends and ncighbors
of the Leaton family, VINO being In
turn called and sworn, testified to the
integrity and anna bility of the pris-
oner, and the confidence and affc ction
that existed between her and tho de-
ceased.
And with the examination of the last
witness, the defense closed.
Alas! how weak it was, although the
best that could be offered. 70 the at
torney general, indeed, the defense ap-
peared so weak and so unlikely 20 i'll
tluence in any way the decision OF the
jury, that he waived his right to reply
upon the evidence adduced by the
counsel for the prisoner, and left TIE
case in the hands Of the judge.
The Lord Chief Baron Elverson rose
to sum up the evidence on each side,
and to charge the jury.
Every eye was now turned upon the
noble, grave, and griefworn face CT
the venerable judge, and every car was
strained to catch the Words OF his ad-
dress, for every soul believed That
from the spirit of his speech the Jury
would take it's opinions, and tie young
prisoner receive her fate.
"Gentlemen of the jury" began his
lordship, ''you have heard the Large
brought against the prisoner at tue lar
You have heard that charge IDLY *
bounded by the learned counsel or the
crown and strongly supported by the
witnesses he called. You nave also
heard the same eloquently repuaiated
by the distinguished advocate FOR tine
prisoner, and somewhat affected by
the evidence he has presented.
"On the one hand, the case against
the prisoner, ds made out by the pros
ecution, is strong, very strong, but it
is only circumstancial, and may Well
. he fallacious. On the otner nand, the
explanation of those circumstances, as
offered by the defense, are plausible,
extremely plausible, and may easily lie
. true; and feel it ny duty 10 recon-
!. mend this explanation To tie most Sc
| rious attention Of the jury.
.Of the guilt or innocence OF this
young girl. none but the Omniscent
can Judge with infalnn Y; but in all
cases Of uncertainty it is the duty OF
Christian jurors, as 1t is the spirit VI
civilized law, to favor the acQuittal OF
the prisoner. Such doubtful cases are
most frequently found among those
sustained solely by circumstanclal cyl
dence.
"Now, circumstantial evidence IS not
positive testimony-far from it. Wit
. ness the recent case Of Eliza Fanning,
! nm innocent woman, convicted by an
English jury upon circumstantial evil
dence. but whose innocence was not
discovered until after her ,Xecuti III,
when it was too Late too repair the
dreadful errOr-when no power on
earth could restore The life thar the
: law had unjustly taken.
Gone such judicial murder as that
should be a warning to English juries,
through all future time, never, except
unon the most unquestionable proof,
to assume the responsibility of pro
nouncing upon fellow creatures guilt
or taking the sacred life which no
earthly power ever can give pack.
Better that some guilty homicides
should be left to the sure retributlon
of God than that one innocent person
should be consigned to the unmerited
ignomi.y of a capital conviction ana
a shameful death.
"Jf from the evidence before you,
Won feel assured of the prisoners
%uilt. it is your duty to convict her;
hut if any-the least degree of I'M
certainty disturb your judgment-it
is your duty to acquit her. English
law recognizes no such middle course
as that taken by the jury in render
ING their verdict in the celebrated case
If Madeleine Smith. II the charge
ia considered not proved, the pris-
oner is entitled to full acquittal.
And, finally praying that their
counsels might he directed by Omnis-
cient wisdom, he dismissed them to
the deliberntion upon their verdict.
The venerable chief baron resumed
his sent. and the bailiffs conducted
the jury from the courtroom.
The spectators brrathed freely
again. His lordshlp certainly fav-
ored the prisoner. And IL ever the
charge Of judge could sway the
minds Of jury, those twelve men
must certainly bring In verdict OF
acquIttnl.
"All will be well, dearest Eudoym.
The Judge believes you innocent
whispered Malcolm to the prisoner.
"Ail IL In the hands OF God"
bmat hed the poor. pale girl. IN dy.
ing voice, for her very life seemed