ence of an
American jury, that you will not permit our temples erected to justice,
to be prostituted to the accomplishment of the designs of the polluted
and the infamous and that innocence will triumph, and your verdict be
"Not guilty."
At the conclusion of Mr. Howe's address, Mr. Hutchings summed up for the
people. Judge Russel proceeded to charge the jury. After recapitulating
very carefully the whole of the testimony, told them that if they were
satisfied that the prisoner Hemmings had taken these ear-rings from Mrs.
Bethune, and had pledged them without her consent, then they should
convict; but if they had any well-founded doubt arising from the
testimony itself, and not engendered by the eloquent speech of the
prisoner's counsel, then they should give the prisoner the benefit of
the doubt and acquit him.
The jury then retired, and after a quarter of an hour's absence returned
into court and rendered a verdict of NOT GUILTY.
Hemmings was accordingly discharged, and he quitted the court amidst the
congratulations of his friends.
Mrs. Bethune also brought a charge of theft against Kate Fisher, which
was heard at Essex Market Police Court. The New York _Herald_ reported
the proceedings next day as follows:
Essex Market court-room was this afternoon densely crowded with
theatrical personages of all grades, apparently deeply interested in the
progress of the case which concerns the position and honor of an actress
so well known as Kate Fisher. The seats of the court would not contain
more than half the number of the persons present, the remainder being
compelled to stand around against the walls and in the nooks of the
doors, etc. Among those present were W. B. Freligh, manager of the
Bowery Theatre; John Jones, the treasurer; Clark, the stage manager;
Deane, leader of the orchestra, and others. The court-room was at last
found to be too small, and the whole party adjourned to examine the room
on the second floor of the building, which was also found to be rather
small, but yet more convenient for the purposes of an examination.
Justice Shandley then took his seat on the bench, and the parties
concerned appeared in court. Mrs. Bethune was rather flashily dressed,
and evidently intended to make a show. Kate Fisher was quietly dressed
in black, and was very modest in her demeanor; attracting no attention,
except from those who were acquainted with her. Mr. Bethune accompanied
the complainant, and Messrs. How
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