Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-11-09

that point of tho defense | will but add
word
'If the murderer Of Josiah Marsden
came to the house with intent TO MUIR
der, would he have left the finding of
the weapon to chance, or would he have
come prepared2 If he came prepared,
would he use a chance weapon or trust
to the one he knew
LET me now, before you retire 10
consider your verdict, put into few
words the whole evidence. Against the
prisoner you have the last words of the
dying man, the knife, the long stand
ing quarrel, the absence of reasonable
alibi, and for him The Judge pauses
and deliberately turns back the pages
of his notes, while the whole audience
seems to throb with emotion.
Its fearful summing up" one
lawyer whispers to another
"Brutal--dead against him, poor
devill' his companion replies, glancing
at the prisoner, who, pale az death,
gazes before him with eyes that see
nothing.
"While for him." the judge impas-
sively continues, lyon have the line Of
defense that he left The Grange hours
before the murder was committed
The judge closes his book, and we
await his peroration. We feel chat we
know what it will be.
"If you have no doubt, it is your
duty to do your duty-an eye for an
eye, life for life " and many more
rounded phrases with which a judge is
usually pleased to torment man whose
life or death is to be settled within the
next hour. But we are mistaken
"Gentlcmen of the jury" he says,
"the case is in your hands " And that
is all The summing up is over.
Poor devil" some one whispers
again, and we shuddor 1t puts into
words what we dared not think
The jury do not move They only
whisper in the box. 1t seems as if they
are going to decide without leaving it
But perhaps the seriousness of their
task comes over them, and they slowly
leave, and the prisoner is conducted
from tho courtroom
Dead against himl" is the general
opinion. Fair and just, but dead
against hint He hasn't got "A line Of
defense in his whole case.
The judge has retired, but no one else
leaves the court. The audience feels
that it is not case of waiting for
hours, but minutes, perhaps only sec
onds The last words of the summing
up crash through each mans brain
What do they amount to- Against the
prisoner you everything; for
him--nothingl
The Verdict.
The jury re-enter the box; the judge
returns; the prisoner, between two
deputies, takes his place in the dock
"Gentlemen Of the jury, have you
agreed upon your verdict"
1--WE have.
"Do you find the prisoner, kstray
Marsden, guilty or nor guilty of the
murder of Josiah MarsdenY'
"Guiltyr'
A woman's scream, half stihed in II:
birth, breaks the fearful silence of the
court--a scream followed by gasp
The assembled throng breathes hard a,
what it knew must happen comes
Then the deathlike silence falls like
pail again
, Prisoner at the bar, " voice is say
ing. and it seems to come from some
where miles away, even to us--wha
} must it seem to HIM y-"have you any
: thing to say why sentence Of death
should not be passed upon you!'
| All eyes are turned with one impulse
, toward the dock, and the spectator
, start with amazement
The prisoner the man condemned t.
death. whom they had pitied through
| out the trial as one so miserable tina
he could not defend himself, is trans
| formed
He stands erect. with almost a glow
, upon his checks nearly smile upor
! his lips, manhood and courage awaken
ing in his eye. He is condemned t
death and stands as though his fctter
had been released
/ We are creatures of impulse. Thu
: spectators gaze at one another. TIL
: same thought is III every mind, Sup
: pose he is innocentl' There is mesmer
ism in his glance, and they follow it "a
e it rests upon the girl with her hea,
. thrown forward ON her arms upon tn
; table.
t The judge shifts uneasily, moves n
! though to speak. He seems held power
less by that strange force which is upol
all.
/ The girl feels the power of tina
6 glance, and as if in obedience to it
L command throws back her veil and rise
$ and faces Astray Marsden, and as sh
: does so even the heavens add to the i'll
/ tensity of the scene.
l The sun is setting The room i
% shrouded in gloom, save for one gloriou
a beam of light which passes over tn
Q shoulder of the prisoner and floods tn
9 face of the girl with halo of light
They face one another, and the spec
4 tators pause and watch, lost in tn
4 mystery of the thoughts that are pass
d ing between them
O Ethel"
: Only the lifting of the face more to
/ ward him shows that she has heard
"Do you believe me guilty? Do yor
= believe that | am murderer"
z "Nol"
i 1t is only whisper, but it thrills
r Where have sophistries gone where ar
i ~ T h 8 H !