MS
if 1
! 5 " 1
FRANK MOllT IMEIi,
Editor and Proprietor,
Vol. IV.
J Published Weekly,
At New Uloom field, Teua'a.
BY
FllANK MOJl TIMER.
BCBscnrrxioN termb.
ONE DOLLAR I'ER YEAR t
IN ADVANCE.
Tried for Murder :
on
Guilty or Xot Guilty.
IN my earlier years I studied for a sea
son at Edinburgh. It was in Burke's
year, not that of Edmund Burke, but of
another countryman of the same name, and
not less celebrated.
The afternoon of the day on which Burke
was executed was distinguished by a first
rate college row. The students at Edin
bugh, like its mob, have, when aroused, al
ways been a formidable and dangerous
body ; and on this occasion, the police hav
ing intruded into the quadrangle to pre
serve order among the crowd which hurried
to the dissecting room, a battle royal had
ensued, attended by some severe injuries,
and resulting in a triumphant and glorious
defeat of the authorities.
To celebrate this propitious event a sup
per party assembled that evening in a tav
ern called the " Rainbow." The chair was
, occupied by the bard and satirist of the
college, a fellow of infinite jest, who made
his mark on the world afterwards, but who
at this time was mainly famed and feared
for the sarcastic and biting power of his
humor. Opposite him sat the prince of
students tall, handsome, reckless flash
ing with the exuberance of youthful spirit,
and a flow of convivial fancy I have never
known equalled.
, Among the others were two, who figure
in my story. One was a student named
Johnstone, the Thersites of the circle a
disagreeable specimen of a stamp of man
which is generally to be found in e very cir
cle, without either wit or talent to make
others feel uncomfortable. Bold and un
scrupulous, and quick to see and seize on
the weakness of others, he was a jlagellum,
a fly-blister ; people feared to ni lie him
their friend, and still moietheir enowy, and
bo he extorted from hate what he never
would have obtained from love, and was
admitted to the most select coterio of the
University.
The other was a stalwart handsom e young
Irishman, who had done mighty elocution
in the melee of the day ; caring but littlo,
after the tempcrameut of his nation, about
the merits of the conflict, but hitting- right
and left as his leader told hiin. lie was an
open-browod Spanish looking son of Erin,
lialf-rollickiiig, half-sad in expression, who
was Winding up a happy day with a happy
night ; he hail had a fight in the morning,
and frolic iu tho evening. His name was
Power, a medical student who had Leen but
a week or two in Edinburgh. He -was con
sequently an entire stranger to tho others,
and had been invited to make on of tho
party solely on the strength of his fist.
There were many toasts given and speeches
made, some humorous and some satirical.
At last Johnstone made a few remarks
which were apparently intonded to offend
and insult Power. To this speech Power
replied so effectually, that Johnstone was
aroused to a frenzy, and seizing his tumbler,
flung its contents in the speaker's faco, and
then rushed from the room.
Great commotion of court ensued.
Power was white and furious with rago,
and in his first transports nearly vented it
on those who tried to prevent hiin frftm
following his assailant. lie calmed down
after awhile, but took no moro part iu tho
evening's festivities, and was overheard to
Kay that he would havo his life. Ho refus
AN INDEPENDENT FAMILY
ed, coldly, all offers, which were good na-
turcKiiy nuulo, to act as mediators in the
matter, and left the party early and alone.
Tho next mvs which the collcgo circle
heard was four days afterward. It was re
ported that Johnstono had been found dead
in the "common stair," as the staircase to
separate stories or flats is called in Edin
burgh, in which Power's rooms were. The
report turned out to be only too true. A
policeman said that a man had rushed hur
riedly past him about 5 o'clock (it was Jan
uary,) and exclaimed "There is a man dy
ing in the stair No. 27," and passed on. lie
went to the entry, and on tho landing close
to Power's lodgings he found a man stretch
ed on the stone floor. Ho raised him, and
found him quite dead. lie had a severe
cut over the eye. His collar was thrown
open, and ho had faint marks of pressure
round his neck. On conveying him to the
police office he was recognized as tho un
happy student. He was found to have died,
as the medical men thought, from concus
sion of the brain, accompanied by strangu
lation. Their opinion was that the deceas
ed had been seized by the throat, and
thrown violently down. His watch and
money were undisturbed.
Little as Johnstone was liked, this sad
and tragic end made a deep and melancholy
impression on his circle ; and thouirhts nat
urally turned to his altercation with Pow
er, and its probablo result. On inquiring,
it appeared that Power had not been seen
at college since the supper-party ; ho had
not been seen at his lodgings since John
stone had been found. Things looked so
suspicious that a warrant was issued for his
apprehension.
The second night after the murder was
discovered, Power was apprehended walk
ing quietly along the South Bridge, in the
direction of his lodgings. When seized, he
at first resisted, and demanded to know
what the officers meant by their violence ;
but, on being shown the warrant, at once
submitted, simply saying that they were
wrong, and would find out that they were
so.
He was detained in tho polico cells all
night, and in the morning was taken before
the sheriff'. The officials were proceeding
to take what in Scotland is called his decla
rationthat is any statement the accused
may think fit to make when the prisoner
said" It may save save you all trouble,
gentlemen, if you understand at once that
1 do not intend to answer any questions."
In vain they pressed him to explain where
he had spent the two proceeding days ; he
remained absolutely silent. He evinced
neither indignation nor sorrow, and was not
apprehensive or excited in the slightest de
gree ; but speak he would not, and the au
thorities did not know what to make of
hiin.
Several of his friends visited him ; but
although he received them courteously, he
showed no desire for their society, at least
for the first two or three days. As time
went on, his natural gaiety seemed to re
turn, and he would chat away in his coll as
if no such charge as one of murder hung
over him. The crown inquiry was commit
ted for trial, and served with an indictment,
and his friend, the vice, who was studying
for the law, urged him to employ a solicitor
for his defence. To this he consented, and
a very worthy and well-known practitioner
paid him a visit in prison.
"Avery melancholy business this, Mr.
Power."
"Faith it is, Mr. Stuart. I am very sor
ry for the poor devil's mother."
" But it is very serious for yourself."
"So they tell me, but somehow I cannot
look grave enough on it. They say I may
be hanged ; but for the life of me I cannot
ce it."
" This levity is hardly 6uitablo, sir,in your
position, nor is it wise. You would not
speak to tho sheriff', I understand, and you
were right ; but your own safety requires
that you should have no reserve with me."
" Well, sir, I shall have no reserve. That
paper (pointing to the indictment) is a bag
fuU of lies."
IVev Uloonificia, Pm., July
" Of course I understand. You sav von
did not murder the man ?"
"Not an inch of nie."
"But pray explain yourself fully, Mr.
Power ; tell me about the supper and the
quarrel, and what you did the nextday,and
wncre you were the night before last ; and
whether you and this poor fellow met. It is
needless to conceal things from me, other
wise I cannot servo you."
" Well, Mr. Stuart, but you can serve me,
although I have nofhing to tell you."
"In what way?"
" By putting these two advertisements in
the Irish and Glasgow newspapers." said
the prisoner.
1 lie advertisements were as follows :
"If Admiral Seymour recollects the
young man to whom ho described the vol
canoes on Fiji Islands on board tho Maid of
Lorn steamer, he will render hiin a most
signal service if he will send his address to
Mr. John Stuart, W.S., Edinbugh."
Tho other rau thus :
" If the lady w ho was in the Belfast
coach remembers the conversation about
Moore's Melodies a fortnight ago, she will
send her address to John Stuart, W. S..
Edinburgh."'
' ' W itnesses alibi hem ?" Tho prison
er nodded assent."
"Alibi rubbish ! Try something else."
Power smiled. " I have nothing else to
try but the truth. I told you I did not mur
der him. If these advertisements are an
swered, you will subpoena the gentleman
and lady for tho trial, but will hold no com
munication of any kind with them. You
will also subpoena the persons whose names
and addresses are here," handing him a pa
per, "and hold no communication with
them either. And I have no other instruc
tions." The solicitor shook his head, plainly be
lieving tho man to be mad. He left him,
however, taking the advertisements along
with him, in perplexity how to act, and in
stead of going homo, went straight to the
house of Mr. C, the celebrated advocate in
Charlotte square, and to him he stated his
troubles.
" And now, what would you advise mo to
do?"
"Do what the laddie bids you, John."
"It is very irregular not to examine the
witnesses."
' You are little better than a coof, John.
Do you not see that the alibi perhaps is a
real one, and that the fellow wants them to
prove without notice ? There is a story un
der all this, but your best plan is to do what
he tells you. Ho has twiee your brains, I'll
warrant him."
" Would you not step down and see him,
Mr. C? He is a fine young fellow, and all
the gentleman, and my mind misgives me
he does not know his his danger."
" I never call on my clients, even in more
fashionable residences."
"But you might make an excuse, sir, to
go and see him. I am sure your heart
would warm to him at once."
So the kind-hearted and eccentric barris
ter promised to look in on tho prisoner the
next afternoon.
He found him sitting with the chairman
and the vice of the supper-party, in a per
fect torrent of merriment, little appropriate
either to tho circumstances or the place.
Tho young men knew the distinguished
counsel, and rose and becamo silent whoa
ho entered. Power, howover, although ho
bowed courteously, did not seem to recog
nizo his visitor's nanio even when it was
announced.
"I have come to pay an afternoon visit
to my friend here," said tho barristor. "I
am glad to find him with two such support
ers salvage men. But my friends, you had
better withdraw. I wish to havo your prey
all to myself."
Tho two accordingly departed, and Mr.
C. was left alone with the prisoner.
" I suppose I should make an apology for
my intrusion," said the lawyer, "but all
tho strange nooks of this city are familiar
to me ; and, laddio, I thought a friend in
need might not bo unwelcome."
In tho homely kindliness of his nddrcBS,
NEWSPAPER.
2Gf
and the Doric plainness of his speech, there
was a dignity and elegance about the de
meanor of tho visitor that bespoke tli..we1I-
bred gentleman. Power was at first startled,
ana men subdued his manner.
"I am sure lam much beholden,'' he
said. "Might I ask you to what I am in
debted for this honor?"
"To your going to be hanged," said the
other, bluntly.
"But there go two words to that," said
Power. " They will not hang an innocent
man in this blessed country of ours."
"Won't they, though? They hanged
Burke, after my friend the Dean had proved
him to be a saint."
A pause ensued, for Power had little to
reply to. this flattering parallel.
" In plain words, my lad, I am sorry for
you. There is a secret which you do not
wish to disclose. I do not know who you
are, or where you come from, but I am sure
you are a stranger, and I believe you are in
nocent. Friends are not so easily found by
the" stranger and the wrongfully accused
that you should reject an honest offer.
Confide in me I shall be as secret as the
grave."
Power looked at him for a moment, and
then, a sudden revolution seizing him,
burst into a flood of tears.
"I am ashamed," he said at last, "to
give way thus, but I am quite alone how
much you do not know the most unfortu
nate of men, and in this, wholly innocent."
"Tell me the tale plainly, my boy, and
maybe I may find a remedy."
" The prisoner told his tale. What it
was, the sequel must disclose.
The day of trial had come. Tho prisoner
was placed at the bar, the judges in scarlet
and white, defiled into court, and the clerk
called in a loud voice : " Charles Power,
stand up and listen to the indictment
against you."
The appearance of the prisoner excited
the greatest interest in court, which was
crowded with students and the public. Tho
Lord Advocate, as public prosecutor sat on
one side of the table within the bar, assisted
by other counsel. On the other side sat
Mr. C. and a junior counsel.
A strange smile came overfhe face of the
prisoner when his name was called. Ho rose,
however, with a glance at his counsel, and
plead "Not guilty" with a firm voice.
The case made by the Crown authorities
was one which startled the students by its
clearness. They called the students
who were at the "Rainbow" to prove the
quarrel. They proved that Power did not
go to College on Monday, the 25th of Jan
uary ; then Johnstone was seen to goup the
common stair on the afternoon of that day;
that persons who lived next door heard a
violent altercation iu Power's room about
four o'clock ; that the person who passed
the policeman and gave the alarm was Pow
er ; and that Power left by tho Glasgow
coach at six o'clock, and returned to Edin
burgh that night, remaining until Wednes
day at a hotel. Tho medical men proved
that the cause of death was concussion of
the brain accompanied by strangulation.
In all instances the prisoner was distinctly
identified. Tho notion of an alibi was ap
parently hopeless.
Mr. C. made but littlo attempt at cross
examination. He extracted some merriment
out of an irascible stago-man, and succeed
ed in creating some confusion as to where
and when Power left the Glasgow coach.
But the proof of his return was quite clear.
Of tho doctors the counsel only asked a
few questions.
' You spoke about strangulation. How
was it produced ?"
I cannot tell."
" Pressuro on the throat produoes stran
gulation?" "It does."
" Any sort of pressure?"
"Any which is sufficiently close and tight."
" Hanging produces strangulation ?"
" Yes."
" Was this man hanged, Doctor ?"
" No, of course not."
Terms: IN ADVAStM.
One Dollar per Year,
IVo. 30.
" Why, 'of course not?' "
" Because there is no reason to think he
was."
Any other reason for 'of course not?' "
"No."
" You may go," and go he did, after say
ing more and implying much more than he
said.
The case looked very black, and was
closed by the Crown reading the notandum
made when Power refused to answer the
sherifTs questions.
The audience were greatly excited, but
the prisoner himself maintained a demean
or perfectly tranquil. He was rather mov
ed when the witnesses described tho grief
of Johnstone's family, but except at this
stage of the trial he evinced no emotion
whatever.
" Call Admiral Seymour," said Mr. C
A tall weather-beaten man, somewhat
stately, stepped into the witness-box, and
was sworn.
"Admiral, do you know why you have
been asked to come here?"
" No sir. 1 do not ; and I think it would
have civil to have told me. I know noth
ing about Mr. Power, or any one of that
name."
XSo one had the civility to ask you what
you were going to say?"
" Yes ; a gentleman came from the Crown
office ; I told him he knew as much as I
did."
" I believe you have left Belfast by the
vessel which sailed on the night of Sunday,
the 24th of January?"
"I did."
' Do you recollect a conversation yon
had with a young gentleman about volca
noes?" "I remember it and him very well. He
was a very intelligent fellow, and we talk
ed together the most of tho night."
" Were you fellow-travelers up the Clyde
to Glascow ?"
" We were."
" When did you arrive in Glasgow?"
"About nine o'clock in the afternoon."
" Where did you part from him?"
" I took him to the Western Club, of
which I am a member, and gave him lunch,
and we parted there."
(To the prisoner ;) " Stand up, if you
pleaso. Is that the man ?"
"It is."
"Have you any doubt of that?"
"Nono whatever."
Tho crown rose to cross examine.
"There must bo some mistake, Admiral.
Look at him again."
" There is no mistake. That is the man.
I should know hiin anywhere."
"Did you ever see any one like him?"
" Not that I remember. But since you
are so pressing, I should like to liear him
speak. "
The judge said there could be no objec
tion to that, and told the prisoner to ad
dress a remark to the witness.
"Ah, admiral, do you recollect what hap- :
pened to Dermot Itooney's cow on her birth
day ?" said the prisoner.
The reminiscence was plainly a diverting
one, for the admiral laughed outright, and
said it was tho same funny fellow beyond
all doubt. And, strange as it was, the ju
ry seemed to think so too. And, the ad.
miral was allowed to retire without further
question.
" Call Miss Bridget Malone," said Mr. C.
And a very pretty, lady-like young wo- '
man stepped into court, accompanied by
by her mother.
"You are the daughter of Mr. Malone,
the banker, of Belfast ?" said Mr. C.
" Yes, I am."
" Do you remember traveling to Bolfast
by the coach from Waterford on the 23d of
January?"
"Yes sir."
" You travelled inside ?"
"Yes, sir."
"Had you any fellow-travelers?"
" Yes," said Bridget, with a smile, "that
gentleman," pointing to Power, "was with
me."
'All the way?"
" Yes."
" Was ho agreeable ?"
" Very pleasant, sir."
"Have you ever seen or heard of hint
since ?"
" No sir. I saw on advertisement in the
Belfast newspaper, which 1 knew must b
from him, and so I am here to-day."
" When did you arrive?"
"Only a few hours ago."
"Did you know why you wore wanted
here?"
" Not in tho least." .
" You have no doubt it is he ?" !
"Ho is not easily forgotten, sir," said
the girl innocently, but with a blush.
" Did ho make love to you, then ?" in
terposed tho opposite counsel.
"No sir, unless with his eyes. Yon
know how, sjlr."
' 1 wish I ditl, ' said the functionary. 'Them