Year: 1861




, be the extenuating circumstances. IL thi
) be the only ground Of your APPLICATION
by no MEANS | interrupted. anticipat
! ing his conclusion, which | did not care L
, hear uttered.


Well, then, l will hear you on some 9th
err he replied.


A knowledge of the prisoners antccc
dents, continued, if it fail to establish
! the prisoners innocence, us 1t is likely to do
, Iconfess, may nevertheless enable me to Otfel
something in mitigation of his punishment


That is true, replied the Judge, and
for that purpose, grant you the adjourn
} ment.'


oh, sir, Ibcg YOU will not, cried the
prisoner, very earnestly, rising to his feet
and extending his hands towards the bench
iuploringly. My previous life is bcyoud
reproach. My parents and friends are hon
est and high.minded. My connections are
ull honorable


Then you need not bc ashamed Of them,
said the prosecutor, sarcastically.


Ashamed OF them, repeated the young
man, with an accent Of surprise. II do.
sire. sir, not to have them ashamed of me.
And for that reason, l would not avail my
sell of their aid, ii knew it would surely
diminish my punishment TO the shortest
period-nay, not even il it would ensure me
a suspension of judgment.


Tam thinking he would not object if the
inquiry were likely to result in anything to
his credit said the officer OF the district,
directing his remark to the court.


II have no desire to retort in my circum-
stances, replied the prisoner also addressing
the court. But do assure your honor that
would rather drag out five ofthe best years
Of my life in loathsOme dungeon. than
have one OF my friends know that had even
been suspected of crime


At first felt little chagrined because of
this unexpected interruption, when my de-
sire was to gain time Tor preparation, which
if it failed TO secure the acquittal of the
prisoner, might rebound greatly to my own
advantage. My vexatiOn was only moment
ary, however, for | perceived that the earn
est protestations of the prisoner had made q
deep impression upon the spectators, and
that bad only to keep up their sympathy
to the end of the trial, however it might ter
inmate, to realize all tho advantages that
could have resulted from preparation.
: L think you had better proceed, said
the Judge, who comprchcnded my motives
and perceived the state of feeling among the
auditory. lie was one of those good men
who delight to and young men in their laud-
able aspirations. Alas there arc too few
such upon the bench at the present day.


You honor will at least allow mo few
moments conversation with the prisoner ?
| inquired, with despairiul accent.


Undoubtedly


In making this request had in view no
definite object, beyond desire to attract the
attention OF the spectators. But as turned
FROM the court to the prisoner, my eye fell
upon the numerous cOuntenance of Father
Miles, and instantly thought of what he
considered the first duty OF a lawyer.


immediately cast my eye around the
bar as If in search OF place where i might
converse with the prisoner unhcard but it
was everywhere full, and in some places
crowded. There was not the slightest OPP
portunity. Perceiving this, | motioncd the
young man to follow me, and walked
directly into the lobby But here the
crowd was even greater than within the bar,
and the curiosity much more intense. The
only vacan, space was ut the door, which
was double, opening lengthwsc ut the mid
die, one half Of which stood open and the
other half closed.


When passed iuto the lobby looked on
each side ol the passage, as if in search for u
suitable place for conversation. My pur-
pose, had it not been announced, could not
have been mistaken. But every person, even
the Court constables, seemed to be too much
engaged in thoughts or remarks OF their own
to observe any approach to the entrance. In
truth, it alone afforded the necessary oppor-
tunity, and all appeared to regard my action
as necessary.


At the door I placed myself between the
prisoner and the people, aud opened u con-
vcrsation, the purport of which was plain to
all whose position could command view of
the door. Father Miles was among the
number, and manifested such delight as to
divide the attention Of the spectators be-
tween us and himself.


What is your name ? enquircd.


You do not hope to effect my libcration?
ho returned anxiously.


Hardly replied.


Then II is John Smith, he replied,
have no other il ! am obliged to undergo
punishment


Where do you reside p continued.


For the same reason that has induced me
to withhold my name, he replied, must
also decline to answer this question:


As neither fact could be Of any use on his
trial, 1 did not urge the matter, though to
confess the truth 1 felt very curious ON both
points.


Have you any money ? I continued, ra-
ther abruptly.


At this, he started and gazed into my
face. as il he did not comprehend my ques-
ton. thought too, that Icould perceive a
shade of disappointment creeping over his
handsome features, as If he supposed the in.
terest manifested in his behalf was entirely
above and beyond pecuniary consideration.


.0lcourse 1 have no right to expect you
to defend me for nothing, he remarked pres
emily, with an effort to conceal his mortif-
cation.


Yet that is not the principal MOTIVE
returned. Your own good is sought


He turned upon me look of incredulity.
He could not perceive In what way such an
inquiry was to operate to his Immediate
advantage. But he answered.
have some money


How much ?


Fifty dollars


Give me tcn.'


He took his purse from his pocket, and
turned the contents IN the palm Of has hand.
This was the action which attracted the at.
tention Of the spectators, and delighted Fa-
ther Miles. The prisoner handed me two
half eagles, and returned the Others to his
purse, piece by piece.


had n hundred dollars in bills he rc-
} marked, but the District Attorney said
! they were counterfeit, and took them into
his possession.'


Our conversation took place Immediately
in the entrance, and no ono could pas in OF
out without change in our position. Three
, or four times we were obliged to keep back
that now comcrs might enter but each time