Year: 1859

large circuit. L was called on, one day IN the
town of C, by pretty woman, who, moi
without tears, told me that her husband had
been arrested for horse stealing. She wished
to retain me on the defense. l asked her why
she did not 60 to Judge B., an ex-senator
of the United States, whose office was in the
same town, and told her that | was a young
hand at the bar.


She mournfully said he asked retaining fee
beyond her means, and besides did not want to
touch the case, for her husband was suspected
OF belonging TO an extensive band of horse
thieves and counterfeiters, whose headquarters
were on Moore's Prairie.


/ asked her to tell me the truth about the
matter, and if it was true that he did belong to
such gang.


"Ah, SIR" said she, ga better man at heart,
than my George, never lived; but he liked cards
and drink, and fear they've made HIM do what
he would never have done if he had not drunk !!
I'm afraid it can be proved he had the horse,
but he didn't steal it another did and passed
it to him."


| didn't like the case. | knew there was a
great dislike to the gang located where she
named, and feared TO risk the case before a
jury. She seemed to observe my intention to
refuse the case, and burst into tears.
] never could see a woman weep, without
l
been for eyes frightened with pearly tears"
(blast the poet that made 'em come in fashion
by praising 'em) Id have never been caught in
the lasso of matrimony. And my would be
client was pretty. The handkerchief that hid
her streaming eyes didn't hide her red, ripe
lips; and her snowy bosom rose and fell like a
white gull in gale of wind at sea. l couldn't
stand 1t. | agreed to take the case, and she
gave me all the particulars.


The gang, of which he was not a member,
had persuaded him to take the horse. He knew
the horse was stolen, and like fool acknow-
lodged it when he was arrested. Worse still
had trimmed the horses tail and name to
alter his appearance, and the prosecution could
prove it.


TIE trial came on. 1 worked hard to get
jury of ignorant men, who had more heart than
brans-who, if they couldn't falhom the depth
of argument, or follow the labyrithian meshes
of the law, could feel for young fellow in
bad scrape who had weeping, pretty wife
nearly broken-hearted and quite distracted -
Knowing the use of I" effect" told her to
dress in deep mourning, and to bring her little
cherub of boy, curly haired and only three
years old, into court and to sit as near her hus.
band as the officers would let her. | tried the
game once in a murder case, and a weeping





against law, evidence and the judges charge,
aud saved fellow that ought to have been
hanged as high as Haman.


The prosecution opened very bitterly; in
Weighed against the thieves and counterfeiters
who had made the land terror to strangers and
travellers, and had robbed every farmer in the
region of their finest horses II introduced
witnesses who proved all and more than fear
ed they would.


The time came for me TO rise for the defense.
Witnesses, had none! But was determined
TO make one effor:-only hoping to interest the
Judge so TO secure a universal recommenda-
ton TO gubernalora cIemency and light SEN
tence. So painted the picture. young
man entering into life, welded to an angel,
beautiful in person, possessing every virtue,
every gentle and noble attribute. Temptation
was before and all around him. He kept a
tavern. Guesis there were many-it was not
for him To- inquire into their business-they
were we'll dressed, made large bills. and paid
promptly. At an unguarded hour, when he
was insane with the liquor which they had
urged upon him, he had devated from the path
OF rectilude. He was not himself at the time.
The demon of alcohol reigned in his BRAIN
And it was his first offence. Mercy plead for
another chance TO save him from ruin. Justice
did not require his sacrifice. Nor did it require
that his sweet wife should go down sorrowing
to the grave, and that the shadow of disgrace,
or the taunt of felon father, should fall across
the sunny pathway of the sweet child. Oh,
how earnestly did plead for lhem-the woman
wept, and her husband did the same-lhe Judge
fidgeted and rubbed his eyes,-the jury looked
melting. Ii | could have closed, he would
have been cleared, but the prosecution had the
close, and threw ice on the tire had ki4ded
But they did not put it quite out.


The Judge'charged according to law and evi.
dence, but evidently leaned upon the side of
mercy. The jury found verdict of guilty,
but unanimously commended the prisoner to
the clemency of the court. My client was
sentenced to the shortest Imprisonment the
court was empowered to give, aud both jury
and court signed petition to the Governor Tor
an unconditional pardon. which has since been
granted, but not before the following incident
occurred


Some three months after thus, received an
account for collection from a wholesale house
in New York. The partles to collect from
were hard ones," but they had property, and
before they had an idea OF the trap laid had
the property, which they were about to assign
before they broke" under attachment. Find.
ing that was a neck ahead, and bound to win,
they paid over three thousand seven hundred
and ninety y-four dollars and eighteen cents (per
my memorandum book), in current money
, They lived in Shawneetown, twenty. five OF
thirty miles southeast OF Moore's PrairIe.-
{ received the funds just after bank opening
. but other business detained me until after din
ner. then started for C, intending to Q,
, as far as the village of Mount Vernon thai
night


| had got along at fair pace about ten o
twelve miles. when noticed double team .
, splendid horses coming up behind me, attached
e TO a light wagon, in which were four men
o evidently of the high strung order. The


swept pass me as if to show how easily the


could do it. then shortened in and allowed IN
e to come up. They hailed me aud asked me
il wet" or in other words, to diminish the COT
!. tents of Jug OF old rye they had aboard, b,
= excused myself on the plea that | had plenl
a aboard. They asked how far was going.
a told them as far as Mount Vernon, if my hors
Ala .,ot.ftra Thov maintained nIeaea nj ia