Year: 1868

OUCH was the suuStaiIcc OF an tnat c0u


gain from my client; and must say that


really thought him insane; and | tried


get him to acknowledge the homicide, al
y allow me to set up the plea of insanity, b
q he would consent to no such thing. II
e s'lemnity Of his assurance, and the unmi
= taxable love which he still held for the dei
e girl, staggered my belief in his guilt G
I ceedingly. There was no variation in b
J, manner of speech at all nothing III whiC
q | could defect the slightest outward sign
u falSehood.


Finally, / called in two physicians, an
: they both agreed that they were willing


testify under oath that they did not consi,
er him of sound mind; and in their pre-
ence | urged him once moe to confess ii
J killing, a2d | would save him, at leas
, from the extreme penalty Of the law.
"My God" he cried, with tears stream
ing down his cheeks, IF, | thought the,
was one drop of that dear girls blood 0


my hands, | would kill n,yselfin momen


| never did her harm-nevern'


When we went out oil the cell both tb
physicians expressed the opinion tha
the young man was insane. and I determin


ed let come what would, that would bas
my defence upon that plea. The idea Q


defending him against the homicide wa
not to be thought Of In fact there did no
seem link in the chain wanting,


A fir, t / had based some Eopes upol


the fact that Daniel Severance had not becl


seen since the evening of the girls death


but his absence was easily accounted for,


He had finished the work he had come Il
do; he had been paid in full for his labor
'and he had gone out to the pond to NEE
Laura Downing 70, the last time on tina
evening, as he was to take the cars early on
the following morning. Even Oliver Gait
wright admitted that he had so understood
it. And there could be nothing strange o.
suspicious in the fact that we could Learn
Of Sever ance's where ahouts, became hi
employers only knew that he belonged tt
some part Of Virginia, and they knew ht
ting upa fouring-mill, but as the location
of said mill was concerned they never
thought to inquire of him. | might make
some handle of this fact; but could place
no dependence upon it, because the men who
owned the wooden mill would give such les
t;moay as would satisfy the jury that no
suspicious could be legitimately attached to
| it.


The day of the trial at length came, and
might he supposed, the court house was
| crowded, The prisoner, pale, wan, and
wearing an expression Of deepest sorrow,
stood mp and heard the Indictment read, re-
pied in voice that thrilled everybody
with It's intensity of feeling


Before my God am not guilty."
The trial commenced, and the evidence
for the prosecution was given az | have al
ready explained, only, if possible, it was
more positive and crushing than | had an
tcpared. In short the irain that connec.
led he prisoner with the killing of the girl
was So strong and intact in lits parts that
| could not hope to break it.


| opened the defence by proving that my
client had always been quiet, iuoftensive
industrious person; and that there was no
possible circumstance in his life, previous to
that under consideration, that could lead
any one TO suppose him capable of commit,
ting,a great crime, | made alusion to the
absence of Daniel Severance, and claimed
that said absence took from the chain of ev-
dence most important link, because |
have every reason to believe that he was
tie last person seen with Laura Downing
while she was yet alive.


After this | came upon the main stay of
my defence. | called upon the two physi-
clans who had visited and examined my
client during his imprisonment, and they un
hesitatingly declared the prisoner Of unsound
mind.


The prosecution brought in no testimony
to rebut the evidence touching the prison.
er's insanity, Though the district attorney
made decided onslaught upon it in his
IL l,,+ i ~
ny to rebut the IDEA that Daniel Severance
had tecn the last man reen with Laura
Downing while she was alive. A Mr. An
gers. respectable mechanic, belonging to
the place. testified that just at dusk, on the
evening of the murder, he saw Mr.. Sever
ance at the railroad station, some three
miles distant from the village, and that he
spoke with him on that occasion. He Mr.
Angers) was on horseback, and was then on
his way home, and as he assed near the
pond, some fifteen minutes after having
left Severance at the station, he saw Laura
Downing standing upon the shore.


This piece ot evidence introduced a new
element. and was not slow to clam that
Laura Downing might have killed herself;
and if | could have testified to the return
Of my Client to his home before dusk on
that fatal evening, might have made
saving point here but had no such wit
ness, and | was forced TO base my hopes
upon the plea of insanity.


The judge was very iair in his charge
The jury went out, and | felt sure that they
would return verdict against my client,
but ! did not think they would bring him in
guilty Of murder. And yet was not sat
isfed with the result of my effort. As ]
cast my eyes upon the prisoner | was deep
ly moved by the expression ofutter anguish
that rested upon his thin pale face, ltwas
net the anguish Of fear, but it was such as
results from sorrow and sadness of soul.
Could ] have known in season of the testi-
mony which Mr.. Angcrs was to give |
might have taken a different course.


The jury had been out about ten minutes,
and the court had just arisen for the pur-
pose of retiring, when disturbance occur>
red in the passage leading to the outer hall,
and in moment more female rushed into
the court room She stopped for an in,
slant when she reached the bar, and when
her eye rested upon him she started toward
the prisoner. He was quickly upon his
feet and as she learned forward over the
iron rail- she threw her arms about his
neck.


"Ohverl OliyerI Thank God l am in
season."


And as these words burst from her lips
she would have sunk to the floor had not
the officer caught her in his arms.
Oliver Cartwright did not utter a syla-
BILE. He stood for moment gazing upon
the fainting form that rested within the
arms of the Sheriff, and then sank down
mute and senseless. 4


ut is Laura Downinel"
Some one said so; and as the name was
caught by the multitude, there followed a
L.. =. &c tnn, mt .r.Link u;ll ra1.A -