dire necessity. It is true that a defense of this nature is a somewhat
extraordinary one, and is new in the annals of criminal law. Still he
has given you a tale of hardships and privations which he claims
occurred in this city, and which, coming from any other source, may
well be doubted. It is left for you to decide whether his claim for an
acquittal shall be granted or not. In my remarks I do not intend to
bias you one way or the other. What my opinions are will be given
after your decision is announced. To you I look for that decision."
"If your honor will permit me," said Dr. Mallard, rising, "I will make
a few remarks before the jury retires. The tale told by Lieut.
Shackleford is correct so far as I know of it. I was called upon to
attend on the sick girl mentioned in the defense, and found her in an
old cabin, almost at the point of death. At the time it did not strike
me as singular that a white family should be found living in such a
hovel, but the tale I have just heard narrated has made me reproach
myself for my blindness in not discovering that the unfortunate family
were of greater respectability than can be found in the residents of
log cabins. Impressed, therefore, with a firm belief in the
truthfulness of the tale I have heard, I shall act accordingly."
With these remarks he resumed his seat, and in a few minutes the jury
retired to decide on their verdict. Mr. Elder followed reluctantly,
but had made up his mind to give consent to anything the majority
should decide on. He was already apprehensive for his personal safety
and was anxious to be at home again.
After a short absence the jury returned and announced they had decided
on a verdict.
"What is that verdict, gentlemen?" inquired the judge. "Do you find
this lady guilty or not guilty?"
"Taking all the circumstances into consideration," replied the
foreman, "we find the prisoner NOT GUILTY of the charge."
For a moment the building shook to the very foundation, from the
prolonged cheers of the spectators. It was not rejoicing at the escape
from punishment of the guilty, that they applauded, but it was through
heartfelt exultation at the acquittal of an unfortunate woman. It was
the spontaneous outburst of Southern hearts, bleeding with sympathy
for the oppressed and poverty-stricken soldier's wife, and swelling
with indignation at the brutal and unfeeling conduct of Mr. Elder and
Mr. Swartz.
Harry's eye moistened as he heard the shouts
|