Year: 1861

youth. Whatever may be said of lawyers
! ability to advocate an unjust cause, know it
| Is not in the power OF man to do so with the


same zeal which would inspire him on the side


of truth; and if you 90 not give full credit to
| her innocence now, you may do SO hereafter


when it will be Of no avail.''


| After some further conversation, the young


man whose name was William Johnson, with
drew, and the Counsellor reapplied himself to


his task. At the hour appointed for the ex-


animation, he repaired to the office of the mag
| istrate in and around which large crowd was
collected, much interested and excited, con-


verslng in small groups upon the probabilities
| of the prisoners guilt. She was sitting in the


office, deeply affected by the disgrace of her
| position. She was we'll but plainly dressed, of


an intelligent and interesting appearance, but
| very pale, and her countenance bore evident


trace of recent weeping. No one could look
upon her without feeling interested her in fate,


and no wonder that the crowd felt strong SYM
| pathy in her behalf. The examination was
| then commenced, and sufficient evidence in


troduced TO fix strong guilt upon the prisoner,
| and warrant the magistrate in holding her to


bail in the sum of three thousand dollars, to


answer to the charge Of grand larceny at the


next term of the court. The prosecution evil
| IDENTIFY did not go into the Case, which was at
| the time kept secret, introduced no evidence
| at all-William johnson and two others, also
| overseers in the mills, presented themselves
ana were accepted as ball.


That evening johnson had long consulta-


tion with Counsellor M. s:These circumstan-


ces look suspicious indecd,'' remarked the
Counsellor, "with one two more links in
the chain, which may yet be forged before the


time of final trial comes, there cannot be a
jury found in the country who would not rem
der a verdict against her, unless these matters


can be explained away. We must be vigiant


and secret in this matters the counterplot


must be deeply laid, and am more than ever
convinced we acted wisely in not showing our


hand in this preliminary examination. Our
time has not yet come. Better to bear suspi-


cion unjustly for time, than to escape in the


end and leave stain of doubt upon her char


acter. Her reputation is as dear to both her


and you as her liberty or life. Now first of


all, go round to all the stores in the city, and


leave secret orders to have the bills on the


Globe Bank of Boston, answering the descrip-


tion of those which have been ost particular


ly watched. The clerk assures me that they


are new issue, and not yet in general circu-


lation. After that is done. we will make other


arrangements for the defence.''


The interval of time between the prelimina-


ry 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 light which


seemed to fix the crime still more surely upon
Miss Kendall. 1t had been ascertaned that
her father received package of five hundred
dollars about the time of the theft, with which
he had paid off the mortgage his farm.
The moment be heard of his daughters arrest,
he had fastened to see her. and was immedi- |
ately subpenad and compelled to recognize
to appear as. a witness in behalf of the People,
and against his own child.


The tide of public 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
1,nI-n n.tfh hsas. kt,oA 4
tive agent was at work, in secret, to prejudice
the community against her; hut who it was,
or for what object, remained concealed. The |
paleness of her check-the depression of her |
naturally buoyant spirit, weighed down by the |
terrible suspicion that was fixed upon her, and |
the disposition to shun all unnecessary inter- |
course, or to allude to the coming trial, were |
Interpreted to her disadvantage, and set down |
by the gosspping newsmongers as unmistaka-
BILE evidence of guilt. Her intimate friends
however, interpreted them otherwise, and read |
with anxiety the effect Of that agony Of mind |
attendant upon the consciousness of impend-
ing but unmerted disgrace--a burden which,
unless speedily removed, would end in a bro
ken constitution, and an untimely grave.
j Johnson had gone, she knew not whittier. He
had obtained leave of absence for few weeks,
on the pretence of visiting friends in Ohio.
The desertion of one whom gossip had fixed
upon as her champion and lover, was also in
terpreted against her.


At length the time arrived for the sitting OF
the criminal court. The Grand Jury were en-
paneled and found an Indictment of grand lar
ceny against Miss Kendall, and the case was
set down for trial on the next day but one.
At the opening Of the Court, 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, anxiety and doubt and curiosity were de-
DlCteQ eyery cOuntenance. The DriSOner's
appearance, unlike the calm and dgnifed de-
meanor we are wont to associate in our imag-
nation with innocence, in trying sceue like
this, was pale and agitated; shame and fear
and grief were written on every lineament of
her face. Her father, a white haired old
man, was sitting by her side, and Counsellor
NJ. was consulting with them, while the crier
was making order in the court, and the court
was empanneling a 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 expected to prove, by cir
evidence, beyond all reasonable
doubt, the guilt OF the accused.


The clerk of the corporation was first called
and sworn. He testified that on the Saturday
before the arrest of the prisoner, he had been
paying off the operatives in the mill--that he
had taken from the safe about the amount
necessary for that purpose, in packages of
rom one to five hundred dOllars-that all the
bills paid out were on the Lowell Bank but
that, in addition to the sum paid, he had ta-
zen from the safe package in brown paper
envelope, of five hundred dollars, in tens and
wenties, on the Globe Bank, of Boston, that
we're lying on his desk, inside the railing that
fenced off his place Of business from the rest
,f the office-that the prisoner was the last Of {
he operatives who were paid that day and |
lfter having received her money, she sat down
~ small table to make an entry in small