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rri-nJ' AN INDEPENDENT FAMILY NEWSPAPER. Jl?'
"Vol. IV. TVc?av 331ooiiifielI, Fii., XolnMinr 1870. :v. 7.
The Bmmmfield Times
Is 1'uMlnhed Weekly,
At Xcw llloomfleld, Penn'n.
BY
FRANK MORTIMER.
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The Perjured Witness
A LAWYER'S STORY.
IN tlio spring of 1841, I was called to
Jackson, Alabama, to attend court,
having leen engaged to defend a young
man who had been accused of robbing the
mail. I arrived early in the morning, and
immediately had a long conference with my
client. The stolen mail bag had been re
covered, as well as the letters from which
money had been rilled. These letters wore
given me for examination, and I returned
them to the prosecuting attorney. Having
got through my preliminaries about noon,
and as the case would not come oft' before
the next day, I went into the court in the
afternoon to see what was going on.
Tho first case that camo up was one of
theft, and the prisoner was a young girl not
more than seventeen years of age, named
Elizabeth Madworth. She was very pretty,
and bore that mild, innocent look which
you seldom find in a culprit. She had been
weeping profusely, but as she found so
many eyes upon her, she became too fright
ened to weep more.
The complaint against her set forth that
she had stolen a hundred dollars from a
Mrs. Nascby, and as tho ease went on, I
found that this Mrs. Nascby, a wealthy
widow living in the town, was the girl's
mistress. Tho poor girl declared her in
nocence in the wildest terms, but circum
stances were hard against her. A hundred
dollars in bank notes had been stolen from
her mistress's room, and sho was the only
one that had access there.
At this juncture, when tho mistress was
upon tho witness stand, a young man caught
me by the arm. He was a fine looking
young man, and big tears stood in his
eyes.
" They tell mo you are a good lawyer,"
he whispered.
"I am a lawyer," I answerd.
" Then do save her. You can do it, for
sho is innocent."
"Is she your sister?"
"No, sir," he added; "but but "
Here he hesitated.
" Has she no counsel ?" I asked.
" Nouo that is good for anything nobody
that'll do anything for her. Oh, save her !
and I'll give you all I've got. I can't give
you much, but I can raise something."
I reflected a momeut. I cast my eyes
toward the prisoner, and she was at that
moment looking at mo. She caught my
eye, and tho volume of humblo entreaty I
read in her glance, resolved me in a mo
ment. '
I arose and went to tho girl and asked
her if she wanted me to defend her. She
said yes. I then informed tho court that I
was revly to enter into the case, and the
murmur of satisfaction that ran quickly
through tho room, told me where the sym
pathies f the people were. I asked for a
inomeut' cessation, that I might speak
with my client. I went and sat down by
her side and asked her to state candidly tho
case. Sho told mo she had lived with Mrs.
Nascby two years and had never had any
troublo before. About two weeks ago, sho
said, her mistress lost a hundred dollars.
"Sho missed it from her drawer," tho
girl said to mo, " and asked mo about it.
I saiil 1 knew nothing about it. That eve
ning I know Nancy Luther told Mrs. Nase
by that sho saw mo take the money from
the drawer, that she watched me through
tho key-hole. They went to my trunk and
found twenty-five dollars of the missing
money there. But, sir, I never took it, and
somebody must have put it there."
I then asked her if sho suspected any
one.
"I don't know," sho said, "who conld
have done it but Nancy. Sho has never
liked me because she thought I was better
treated than she. Sho is tho cook. I was
the chambermaid."
She pointed Nancy Luther out to me.
Sho was a stout, bold-faced girl, some
where about fivo-and-twenty-years old, with
a low forehead, small gray eyes, a pug-nose,
and thick lips. I caught her glance at
once, as it rested upon the fair young pris
oner, and the moment I detected tho look
of hatred which I read there I was convinc
ed sho was tho rogue.
" Nancy Luther did you say that girl's
name was ?" I asked, for a new light had
broken in upon me.
"Yes, sir."
I left tho court-room and went to the
prosecuting attorney and asked him for tho
letters I had handed him the ones that had
been stolen from the mail-bag. Ho gave
them to mo, and having selected one, I re
turned tho rest, and told him I would see
ho had tho one I kept before night. I then
returned to tho court-room and tho case
went on.
Mrs. Nascby resumed her testimony. Sho
said sho entrusted the room to tho prison
er's care, and that no one else had access
there, savo herself. Then sho described
tho missing money, and closed by tell
ing how sho had found twenty-five dol
lars of it in tho prisoner's trunk.
Sho could swear it was tho identical
money she had lost, in two tens and a live
dollar bank note.
"Mrs. Nascby," said I, "when you first
missed tho money, had you any reason to
believe that tho prisoner had taken it?"
"No, sir, sho answered."
"Had you ever before detected hor in any
dishonesty ?"
" No, sir."
"Should you have thought of searching
her trunk had not Nancy Luther advised
and informed you?"
"No, sir."
Mrs. Nascby left the stand, and Nancy
Luther took her place. She came up with
a bold look, and upon mo she cast a defi
ant glance, as if to say, "trap mo if you
can." Sho gave me the evidence as fol
lows :
" She said that on tho night the money
was taken sho saw tho prisoner going up
stairs, and from the sly manner in which
she went up she suspected all was not right.
She followed her up. Elizabeth wont to
Mrs. Naseby's room and shut tho door after
her. I stooped down and looked through
tho key-hole, and saw her take out money
and put it in her pocket. Then she stooped
down and picked up tho lamp, and as I saw
that sho was coining out I hurried away."
I called Mrs. Naseby to tho stand.
"You said that no ono savo yourself and
tho prisoner had access to tho room," I
said. "Now, could Nancy Luther have
entered the room if she wished?"
" Certainly, sir ; I meant that no one else
had any right there."
I saw that Mrs. Naseby, though naturally
a hard woman, was some what moved by
poor Elizabeth's misery.
"Could the cook have known by any
means in your knowledge, where tho money
was?"
" Yes, sir ; for she has often come to my
room whilo I was there, and I have often
given her money to buy provisions of market-men
who happened to come along with
their wagons."
"One more question. Have you known
of tho prisoner having tiscd any money
since this was stolen ?"
"No, sir."
I now called Nancy Luther back, and sho
began to tremble a little, though her look
was as bold and defiant as ever.
"Miss Luther," I said, "why did you
not inform your mistress of what you had
seen without waiting for her to ask about
the lost money ?"
" Because I could not at once make up my
mind to expose tho poor girl," sho answer
ed promptly.
" You say you looked through the key
hole and saw her take the money !"
" Yes, sir."
" Where did she place tho lamp whensho
did so ?"
"On tho bureau."
" In your testimony you said sho stooped
down when sho picked it up. "What do
mean by that ?"
The girl hesitated, and finally, she said
she did not mean anything, only that she
picked up tho lamp.
" Very well," said I, " how long have
you been with Mrs. Nasby ?"
" Not quite a year, sir."
" How much does she pay you a week ?"
"A dollar and throe quarters."
"Have you taken any of your pay since
you have boon here?"
" Yes, sir."
" How much ?"
"I don't know?"
" Why don't you know ?"
" How should I ? I have taken it at dif
ferent times just as I wanted it, and kept
no account."
" Now, if you had wished to harm the
prisoner could you have raised twenty-five
dollars to put in her trunk?"
"No, sir," sho replied indignantly.
" Then yon have not laid up any money
since you have been there ?"
" No, sir, only what Mrs, Nasoby may
owe mo."
"Then you did not have any twenty-five
dollars whon you camo there?"
" No, sir ; and what's more, the money
found in tho girl's trunk was tho money
Mrs. Naseby lost. You might have known
that if you'd remembered what you asked
her."
This was said very sarcastically, and in
tended for a crusher upon tho idea that she
should have put tho money in tho prison
er's trunk. However, I was not overcome
entirely.
" Will you tell mo if you belong in this
Sate?"
" I do, sir."
" In what town ?"
She hesitated, and for an instant the bold
look forsook her. But she finally answered,
" I belong to Summers, Montgomery coun
ty." I next turned to Mrs. Naseby.
" Do you ever take a receipt from your
girls when you pay them?"
" Always."
" Can you send and get ono of them for
me?"
"She has told you jthe truth, sir, about
the payment," said Mrs. Naseby.
"I don't doubt it," I replied ; "particular
proof is the thing for a court-room. So if
you can, I wish you would procure the re
ceipt." Sho said she would willingly go if tho
court said so. And the court said so, and
so sho went. Hor dwelling was not far off,
and sho soon rotumed and handed ino four
rcccpts, which I took and examined. They
wore signed in a strange staggering hand
by the witness.
" Now, Nancy Luther," I said, turning
to tho witness and speaking in a quick,
startling tone, at tho same timo looking her
sternly in the eye, "please toll the court
and jury, and me, where you got the sevj
enty-five dollars you sent in your letter to
your sisters in Summers?"
The witness started as though a volcano
had burst at her feet. Then turned pale'as
death, and every limb shook violently. I
waited until the people could have an op
portunity to see her motions, and then I
repeated the question.
"I never sent any," she gasped.
"You did !" I thundered, for I was ex
cited now.
"I I didn't," she faintly muttered,
grasping tho railing by her side for sup
port. "May it please your honor and gentle
men of the jury," I said, as soon as I had
looked tho witness out of countenance, " I
came hero to defend a man who was ar
rested for robbing tho mail, and in tho
course of my preliminary examination I
had access to the letters which had been
torn open and robbed of money. When I
entered upon this case, and heard the name
of this witness pronounced, I went out and
got this letter which I now hold, for I re
membered having seen ono bearing tho sig
nature of Nancy Luther. This letter was
taken from the mail-bag, and it contained
seventy five dollars, and by looking at tho
post-mark you will observe that it was
mailed the day after the hundred dollars
were taken from Mrs. Naseby's drawer'.
I will read it to you if you please."
The court nodded assent, and I read the
following, which was without date, save
that made by the post-mark upon tho out
side. I give it verbatim :
" Sister Dorccs : I send yu hear sev-enty-fivo
dollars which I want yu to ccpo
for me til I cum hum I cant cepo it cos im
afeered it wil git stole don speck wun wurd
to a livin sole about this dont want nobody
to noivo got eny money, you wont wil you.
I am fust rate here unly that gude for noth
in snipe of lis madworth is hear yet, but I
hop to git over now, yu no i rote yu bout
hei giv my luv to all inquiring frens.
this is from yur sister till doth,
Nancy Luther.
" Now, your honor," I said, as I gave
him the letter, and also the receipts, "you
will see that the letter is directed to Dorcus
Luther, Summers, Montgomery county.
And you will observe that but ono hand
wrote tho letters and signed tho receipts,
and the jury will also observe. And now
I will only add, it is plain to see how the
hundred dollars were disposed of. Seventy
five dollars were sent off" for safe keeping,
whilo tho remaining twenty-five were placed
in the prisoner's trunk for tho purpose of
covering tho real criminal. Of tho tone of
parts of the letter you must judge. I now
leavo my client's case in your hands."
Tho case was given to tho jury immedi
ately following their examination of tho
letter. They had heard from tho witness'
own mouth that sho had no money of hor
own, and without leaving their seats they
returned tho verdict of ' Not guilty.'
I will not describe tho scene that follow
ed ; but if Nancy Luther had not been im
mediately arrested for theft, sho would
have been obliged to seek protection of the
ofiiccrs, or tho excited people would havo
maimed her at least, if they had not done
more. Tho next morning I received a note
handsomely written, in which I was told
that tho within was but a slight token of
tho gratitude duo mo for the efforts in bo
half of tho poor defenceless maiden. It
was signed by " Several Citizens," and con
tained ono hundred dollars. Shortly after
ward the youth who first begged mo to take
up tho caso called upon me with all the
money ho could raise, but I showed him
that I had already been paid, and refused
his hard earnings. Before I left town I
was a guest at his wedding, my fair client
being tho happy brido.
tW Cases containing bodios of deceased
Chinamen, on their way back to tho Celos
tial country, lately arrived at Saeramonto.
A local 'paper noticed thorn undor the head,
"Broken China."
Selected for The Times.
Extracts from the Writlugs of Andrew B.
Smolniknr, Deceased.
Mr. Editor Sir : Tho following extracts!
are selected from "Tho One Thing Need
ful," a volume written in 183!), and publish
ed in 1840, and contains C30 pages of very
strange reading, most of which I am not
able to understand. I select only such pas
sages as I find interesting and easy to com
prehend. Ho states on tho 10th page of tho
volume the following prediction :
"Already railroads and steamboats, sire
abundantly in vogue in order to transport
men and things from one place to another.
Yet there will be had far swifter means of
conveyance for all those things which will
be conducive to the general welfare, and
oven telegraphs and telescopes of which tho
present unbelieving world can now havo no
conception. All experiments and proposi
tions which till now have been made for tho
purpose of rendering tho earth a paradise,
will be examined and everything useful will
bo spread throughout the whole world."
Tho reader will observe that he hero pre
dicts the telegraph at a time when not ono
person in five hundred could believe that
such a thing was possible, just as they now
say, that a union of all Nations is impossible.
The first telegraph was in operation in
1843, three or four years after this predic
tion. J. R.
Equine Sagacity.
There is a horse at the Government cor
ral at this place, noted for loosening tho
knot of the halter-strap with, which ho is
tied. It is useless to tie him with an ordinary
knot. He will work tho strap loose with
his teeth and go about the corral just when
he chooses. There is a well in the yard
from which the Government stock are wa
tered. A few days ago the pump a force
pump, worked by brakes got out of order,
and no water could bo obtained. Tho ani
mals were taken to the creek close by for
water. Tho horse referred to refused to
drink, and was taken to his stall and tied
as usual. In a few minutes ho deliberately
untied his halter, walked over to the pump,
and finding no water in tho trough whero
ho was accustomed to drink, at once seized
tho break with his teeth and worked it up
and down several times, then put his nose
to tho spout, evidently expecting water to
come. Again and again, for nearly five
minutes, did he seizo tho break and then
put his nose to tho spout. Finding his ef
forts useless he walked off, evidently dis
appointed. Several of tho hands at tho
corral and others witnessed tho above, and
can testify to its correctness. Austin Texas
Republican.
A Fearful Mollier-in-Law.
A German paper gives an account of a
strange incident which occurred on tho oc
casion of a marriago before the civil au
thorities in Algeria. The official required
tho consent of tho mother, and asked if sho
were present.
A loud bass voice answered, " Yes."
Tho Mayor looked up and saw a tall sol
dier before him. "That is well," he said,
"let the mother come here her consent
and signature are irocessary."
To tho astonishment of all present, tho
soldier approached tho Mayor with long
strides, saluted in military fashion, and
said :
" Yon ask for tho mother of tho brido,
she stands before you."
"Very well, sir," replied the Mayor,
"then stand back, I can take no proxy ; I
must see the mother the mother, I tell
you I"
"And I repeat," rejoined tho soldier,"
that sho stands before you. My name is
Maria L , I havo boon 80 , years in the
service ; I have been through several cam
paigns, and obtained the rank of sergeant ;
here are my papers, the permission to wear
uniform, and my nomination as scrgoant
major." Tho Mayor carefully examined
the doouments and found thorn perfectly
correct, and completed the marriage of tho
bridal pair, the mother blessing them so
fervently with her deep bass voice, that all
present were more startled than touched.