Year: 1861




animation, he repaired to the Office Of tho mag
istrate. in and around which large crowd wa.
collect ed, much intert sted aud excited. conver
sing in small groups upon the probabilities o
the prisoners guilt. She was sitting in the Of


fee, deeply affected by thu disgrace OF her posi-


ton. She was well but plainly dressed, Of ar


intelligent AMI interesting appearance, but very


pale, and her countenenance bore evident traces


Of recent weep,-g. No one could look upor


her without feeling interested in her fate, and
no wonder that the crowd felt strong sym


pathy in her behalf. The examination wa
then commenced, and sufficient evidence in


troduced to fix strong guilt upon the prisoner
and warrant the magistrate in holding her II
bail in the sum of three thousand dollars, tC
answer to the charge ofgrand larceny, at The
next term of lhe court. The prosecution eVi
IDENTIFY did not go into the case, and the defense
for some cause, which was at the time kept q
secret, introduced no evidence at all-William
johnson and two Others, also overseers in the
mills presented themselves and were accepted
as bail.


That evening johnson had long consulta.
with Counsellor NJ. These circumstances look
suspicious indeed remarked the Counsellor
with ona or two more links in the chain, which
may yet be forged before the time ofthe final trial
comes, there cannot be jury found in the
country who would not render verdict against
her. unless these matters can be explained away.
We must BE- vigilant and secret in this matter;
the counter-plot must be deeply laid, and am
more than ever convinced we acted wisely in
noe showing our hand in this preliminary ex.
animation. Our time has not yet come. Bet
ter to bear suspicion uniustly for time, than
to escape in the end and leave stain OF doubt
on her character. Her reputation is as dear to
both her and you as her liberty or life. Now,
first Of ALL 60 round 10 all the stores in the city,
and leave secret orders to have the bills on the
Globe Bank of Boston, answering the descrip
ton of those which have been lost particularly
watched The clerk assures me that thev are
new issue, and not yet in general circulation.
After that is done, we will make other arrange
ments for the defence"


The interval Of time between the preliminary
examination and the day OF trial was not spent
in idleneSs, although the defence gave no clue
to the course they intended to pursue Other
circumstances had come to Ii 5ht which seemed
to fix the crime still more surely upon Miss
Kendall. It had been ascertaned that her
father received packags OF five HUNDRED dol


lars about the time of the theft, with which he
hal paid off the mortgage on his farm. The
moment he heard of his daughters arrest he
had hasten,d to see her, and was Immediately
subp@ laed an compelled to recognize TO ap-
pear as a witness in behalf OF the people and
against his own child.


The tide Of the pubic opinion, which at first
was in her favor, set stronger and stronger
against her, as one fact after another came to
light on which the prosecution depended to
make out their case. 1t see nel that soma ac-
tityNo H..
the community against her; bat who it was or
for what object remained concealed. The pale
ness other chsek--the depression OF her natu-
rally bloyant spirit weighed down by the ter
rible suspicion that was fixed upon her, ami the
disposition to shun all necessary intercourse, or
to allldo to the coming trial, were Interpreted
TO her disa Vantage, and SET down by the gossip
ping newsrnon gers as IN niitak lbte evidence o.
guilt. Her intimate friends, however. nterpre
ted them otherwise, and read with anxiety the
effect Of that agony Of mind attendlnt upon the
consciousness Of impen ling but unneritcd dis
gra9e--a burden which unles speedily removed
would end in broken con ,tituiion, and an
untimely gave. johnson had gone, she knew
not whittier lie Obtained leave Of ab'en3e for
few weeks, on the preten,e of visiting friends
in Ohio. The desertion OF one whom gossip
hal fxld upon as her champion AMI lover wa
also interpreted ag inst her.


At len sth the titue arrive for the sitting Of
the criminal court. The grand jury we've en-
panneled and found an indie ment Of grand lar
ceny against Miss Kendall, AMI the case WAS set
down on the next day but one. At he open
ing of the court upon that day OF trial, a dense
crowd that had been waiting round the door,
rushed in and filled every nook and corner Of
the spacious court room. Hope and fear, anx-
iety doubt and curiosity were depicted on ev-
cry countenin e. The prisoners appearance,
unlike tue calm and dignifed demeanor we are
wont to associate in our Imagination with limo
oence, in trying scene like this was pale AMI
agitated; shame and fear and grief were written
on every lineam. mt of her wan face, Her ia
ther, white haired old nan, was sitting by
her side, and Coun 'elor M. was consulting
with them, while the crIer was making order
in the court, and the court was empannelln5
Jury TO try the case. The District Attorney
then proceeded TO open the case on behalf OF
the people, and stated in substance that he ex
pected to prove by circumstantial evidence be
yond any reasonable doubt, the guilt Of the ac
cused.


The clerk Of the corporation was called aud
sworn. He testified that ON The Saturday be
fore the arrest Of the prisoner, he had been
paying all the operatives in the mil--that he
han taken from the safe about the amount nee
essary for that purpose in packages OF fr,m one
10 five huadred dollars-that all the bills pai
were on the Lowell Bank; but that in addition
to the sum paid, he had taken from the sale
package, in brown paper envelop, offVe hul.
dred dollars, in tens AMI twenlies, on the Globe
Bank OF Bo ton, which were lying on his desk
inside the railing that tenced off his pace OF
the Office - hat the prisoner was the last of the
operatives who were paid that day; and alter
having received he money, she sat down by
small table to make an entry ina small bo )k
in her possession at which he stepped out of
the office for a few nome IT'S, on his return she
was was gone, and the package OF money hal
also disappeared. Tee wllness was here show,
q torn envelope marked $500 lOs-$2Os
Globe Bank" He identified it as the en-
velop of the missing package, and the writing
was in his own hand.


Julia Mason was the second witness called
by the prosecuting officer. She testified that
she worked in the same house with the pris.
oner. That on the day but one aAer the mon
ey had been abstracted she had gone out shop
ping in the city and by mistake had taken Miss
Kendall's reticule ms cad of her own, as they
were much alike That on her return, in re-
mouing the articles she had purchased; the en-.
velop Introduced into court was found under
them, bnt the seal was broken and no money
in it; and that she Immediately called the at
tention Of the clerk OF the corporation to the
TACT, and gave the paper to him.


The express agent testified that about the
same time, package Of five hundred dollars
was deposited II the office, directed to J.. Ken.
dali, -, New Hampshire, and by him for.
warded to its destination; by whom It was de-
posted II was impossible for him to tell.