"During the preliminary examination of this prisoner in October, she
inadvertently furnished this clue, when, in explaining her absence from
the station house, she stated that suddenly awakened from sleep, 'she
heard the voice of one she knew and loved, and ran out to seek the
speaker'. Twice she has repeated the conversation she heard, and every
word is corroborated by the witness who saw and talked with the owner
of that 'beloved voice'. When asked to give the name of that man, whom
she expected to find in the street, she falters, refuses; love seals
her lips, and the fact that she will die sooner than yield that which
must bring him to summary justice, is alone sufficient to fix the guilt
upon the real culprit.
"There is a rule in criminal jurisprudence, that 'presumptive evidence
ought never to be relied on, when direct testimony is wilfully
withheld'. She shudders at sight of the handkerchief; did she not give
it to him, in some happy hour as a tender Ricordo? When the pipe which
he lost in his precipitate flight is held up to the jury, she
recognizes it instantly as her lover's property, and shivers with
horror at the danger of his detection and apprehension. Does not this
array of accusing circumstances demand as careful consideration, as the
chain held up to your scrutiny by the prosecution? In the latter, there
is an important link missing, which the theory of the defence supplies.
When the prisoner was arrested and searched, there was found in her
possession only the exact amount of money, which it is in evidence,
that she came South to obtain; and which she has solemnly affirmed was
given to her by Gen'l Darrington. We know from memoranda found in the
rifled box, that it contained only a few days previous, five hundred
dollars in gold. Three twenty-dollar gold coins were discovered on the
carpet, and one in the vault; what became of the remain ing three
hundred and twenty dollars? With the exception of one hundred dollars
found in the basket of the prisoner, she had only five copper pennies
in her purse, when so unexpectedly arrested, that it was impossible she
could have secreted anything. Three hundred and twenty dollars
disappeared in company with the will, and like the torn envelope, two
of those gold coins lifted their accusing faces in Pennsylvania, where
the fugitive from righteous retribution paid for the wings that would
transport him beyond risk of detection.
"Both theories presented for your
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