Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IV. Various
like the other spectators.
There is a sort of public lawyer in every county, appointed for the purpose, whose business it is to attend to the trial of any person accused of crime in his county. He is called the county attorney. It is his duty to collect the evidence against the prisoner, and to see that it is properly presented to the court and jury, and to prove that the prisoner is guilty, if he can. The prisoner, on the other hand has another lawyer, whose duty it is to collect all the evidence in his favor, and to try to prove him innocent. The trial is always commenced by adducing first the evidences of the prisoner's guilt.
Accordingly, when the jury were ready, the judge called upon the county attorney to proceed.
He rose, and spoke as follows:
"May it please your Honor."
Here the county attorney bowed to the judge.
"And you, gentlemen of the jury."
Here he bowed to the jury.
"I am very sorry to have to appear against so young, and, I may add, so innocent-looking a person as the prisoner before you, on a charge of so serious a nature as burglary. But I have no choice. However much we may regret that a person so young should become so depraved as to commit such crimes, our duty to the community requires that we should proceed firmly and decidedly to the exposure and punishment of them. I shall proceed to lay before you the evidence that the prisoner at the bar is guilty of the crime charged against him. It will be the duty of his counsel, on the other hand, to prove his innocence, if he can. I shall be very glad, and I have no doubt that you will be, to find that he can succeed in doing this. I fear, however, that it will be out of his power.
"I shall prove to you, gentlemen of the jury, by the witnesses that I shall bring forward, that the prisoner left his home in a very mysterious manner on the Saturday when the robbery was committed. That he came to Hiburgh, and arrived here about nine o'clock. That he then went to his room, as if to go to bed, and immediately afterward went out in a secret manner. About half-past ten the corn-barn was found to be on fire; and on the people repairing to the spot, found the prisoner there alone. He fled, and was pursued. He was taken, and at length finding that he was detected, and terrified, perhaps, at the consequences of what he had done, he gave information of the place where the money which had been taken was concealed.
"These circumstances all point to the prisoner as the guilty party, or at least as one of the guilty parties concerned in the robbery. As to the fire, we lay no particular stress upon that, for it may have been accidental. We think it probable that it was so. The charge which we make against the prisoner is the robbery, and we are willing to consider the fire as an accident, providentially occurring as a means of bringing the iniquity to light."
The county attorney then began to call in his witnesses. The first witness was James.
James said that Antonio was well known to him; that he came originally from Canada; that he had lived for some time at Mrs. Henry's; and that on the Saturday in question he said that he was going to Hiburgh; but would not give him, James, any explanation of the business that called him there.
The next witness was Antony, the man who had brought Antonio in his wagon the last part of his journey.
Antony testified that he overtook the prisoner on the road, and that he brought him forward in his wagon. The prisoner, he said, seemed very anxious to get into town before nine o'clock; but he was very careful not to say any thing about the business which called him there. There was something very mysterious about him, Antony said, and he thought so at the time.
The next witness was the tavern keeper.
The tavern-keeper testified that Antonio came to his house a little past nine; that he seemed in a hurry to go to his room, that the tavern-keeper showed him the room and left him there; but that on going up a few minutes afterward to ask him what time he would have breakfast, he found that he was not there. That about an hour afterward he saw a light, and running out he found that the corn-barn was on fire. He cried "fire," and with another man ran to the corn-barn, and there saw some one running away. He and the other man pursued the fugitive, and finally caught him, and found that it was the prisoner – the same young man that had come to his house as a traveler an hour before.
The next witness was Mr. Kerber.
Mr. Kerber testified that he left his office safe, with his money in the money-box, in the desk, on Saturday night, about half-past eight. That on the Monday morning following he found that the office had been broken into, the desk opened, and the money-box carried away. That he was present at the prisoner's examination before the justice, and that the prisoner then and there said that there was something buried under where the corn-barn had stood, and that the company all proceeded to the place, and dug into the ground where the prisoner directed them to dig, and that there they found the money-box.
The minutes of Antonio's examination before the justice were also read, in which he declined to give any explanation of the case.
The county attorney then said that his evidence was closed.
The judge then called upon Mr. Keep to bring forward whatever evidence he had to offer in the prisoner's favor. Mr. Keep had only two witnesses, and they could only testify to Antonio's general good character. They were Franconia men, who said that they had known Antonio a long time, that he had always borne an irreproachable character, and that they did not believe him capable of committing such a crime.
After the evidence was thus all in, Mr. Keep made a speech in defense of his client. He admitted, he said, that the case was a very extraordinary one. There was a mystery about it which was not explained. Still he said it was not really proved, either that Antonio stole the money or that he set fire to the barn. Many suppositions might be made to account for the facts, without implicating Antonio as really guilty.
The county attorney then made his speech. It was, of course, against Antonio. He said that the appearances were all against the prisoner, and that if he were really innocent, it would be easy for him to explain the case. His refusal to do this, and his showing where the money was hid, ought to be considered as completing the proofs of guilt, furnished by the other circumstances of the affair.
The judge then told the jury that it was their duty to decide whether it had been proved that Antonio was guilty.
"You have heard all the evidence," said he, "and you must decide. If you are perfectly satisfied that the prisoner is guilty, then you must condemn him. If you are satisfied that he is innocent, then of course you must acquit him. And if you are uncertain whether he is innocent or guilty, then you must acquit him too; for no one is to be condemned, unless it is proved positively that he is guilty."
The jury were then conducted out by an officer of the court, to a small room adjoining, where they were to deliberate on the case. In about fifteen minutes they returned. The judge then called upon the prisoner to rise. Antonio rose and looked toward the judge. The jury were standing in their places, looking toward the judge, too.
"Gentlemen of the jury," said the judge, "are you agreed upon the verdict?"
The foreman of the jury said,
"We are agreed."
"Gentlemen of the jury," said the judge again, "what say you? is the prisoner guilty or not guilty?"
"Not guilty," said the foreman.
There was general smile of satisfaction about the room at hearing this decision. The clerk wrote down the verdict in the record. The judge directed the prisoner to be discharged, and then called for the case which came next on the docket.2
Antonio went out with Mr. Keep and got into a wagon which Mr. Keep had provided all ready for him at the door. They set out, counsel and client, on their return to Franconia.
Mr. Keep was of course very much relieved at the result of the trial; for though he was himself perfectly satisfied of his client's innocence, still the circumstances were very strong against him, and there was, in fact, nothing but his good character in his favor. He had been very much afraid, therefore, that Antonio would be condemned, for the jury are bound to decide according to the evidence that is placed before them.
"You
The docket is the list of cases.