Year: 1861

passed through several hands since, and


had finally been taken West by drover
to purchase cattle, and it was impossible
to procure them.


Answer-'I cannot recollect the
bank"


"Was it on the Globe Bank, of Bos-
ton?"


The counsel for the defense again in
terposed, and objected to the question
on the ground that it was leading
question Of thsaost Objectionable char
acter, and putt too, by the examining
party to his own witness.


The court overruied the objection,
and suspended the general rule on the
greuad thata.the witness, though no
doubt honest, was from the very nature
of the case, and by reason of his con-
nection with the prisoner, an unwilling
witness.


The old man east another imploring
took upon the District Attorney, but he
disregarded the silent appeal, as it was
his duty to do, and pressed for an an
swer.


II cannot swear positively, but I
think that was the bank" replied the
witness.


"You say, then, that you have no
doubt they were upon the Globe Bank?'
"Oh, no! no! l did not say that
cannot positively say, but I think they
were! | would not perjure myself, to
save my child


The old man buried his face in his
hands and wept bitterly; and many an
eye in that crowded courtroom was
moist in sympathy with the fathers dis
tress. The prosecution here rested
their case.


Counsellor NJ in behalf of the priso-
ner addressed the jury briefly in opening
the defense He said that as to the
commission Of the crime by some one,
there could be no doubt That chain
of circumstances partly accidental, and
partly resulting from coincidence of
Independent events, and which he
trusted he should be able satisfactorily
to explain, connected with deep laid
scheme of fraud and villaiDy involving
another not in only the crime here
charged upon an innocent and unofen.
ding girl, whose character to this time
has been above reproaeh, but also the
deeper damning crimes of conspiracy
and perjury most foul That he trusted
with the aid of facts within the knowl-
edge Of the defense, and of unimpeacha-
BILE evidence which he should be able to
produce, not only to explain away all
evidence on the part of the prosecution,
that made against the prisoner and set
her character in all its pristine beauty
before all men, but, also to fix the
double guilt beyond doubt upon the
-z..4l-..as -iie 1aA-shn1,Id succeed
as he anticipated, in Shielding realty
innocent person from the mistaken ven
geance of offended justice, it was all the
reward he asked: and he trusted in God
and in the righteousness Of the cause in
which he was engaged, to be able to
show the character of the accused as
pure and spotless as the MONDAY sun in
heaven.


There was a breathless stiffness
throughout the court house during the
progress of these remarks. The conf
dent manner in which they were uttered,
in the face of testimony so astounding,
which had carried conviction to almost
every mind, of the prisoners guilt,
awakened redoubed interest, and
caused painful idea in the minds of the
more rejecting, that possibly, in the ST
lent workings Of their own thoughts,
they had condemned the prisoner too
soon.


The gentleman who had held the
mortgage was the first witness called by
the defense. He came into the court
room few moments before with the
drover to whom he had paid the money,
accompanied by William johnson, who,
it now came out, had been to seek him
back as witness in the case.


The mortgage testified to the payment
by him to the drover of the same bills
he had received from the prisoner
father, but he could not identify the.
Bank


The drover, however, swore positively
that they were on the Granite, and not
on the Globe Bank. That he noticed
and remembered them particularly, as
ten and twenties, check letter "B,'' and
that he had paid them out in small
at time, except two or three
of the bills which were then in his pos
session, and which he produced in court


After having been searchingly cross
questioned by the District Attorney,
without varying in the least from the
previous statement, he was permitted to
and William johnson was
called upon the stand After having
been shown the letter which accompanied
the package of money sent to the pris-
oner' father, he was asked


"Have you ever seen that letter be-
fore!'


eyes"


"Can you, or can you not, identify
the hand?" !


II can. I qorote that letter myself,
and sent it, with the money that accom-
panied it, to Mr.. Kendall I drew it
from the Granite Bank, of Boston, on
check in my own name. From motives
of delicacy, it was kept a secret at the
time; and when | explained it to the
counsel for the defense, by his advice it
has been kept secret until now.


There was confusion and excitement
in the courtroom, and it was some time
before quiet could be restored.


He said, in answer to the District At
torney on the cross examination, that
he had no secresy or delioacy about the
matter now; that he had been sometime
engaged to the prisoner at the bar, and
that unknown to any one, he had taken
on himself the privilege of discharging
the indebtedness of man whom he had
known and, honored in early life, and
who was the father of his intended
wife.


The teller of the Granite Bank fully
L : Il l. e IL L