The Child of Waterloo, or, The Horrors of the Battle-Field — page 279: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

276 THE CHILD OF WATERLOO. ments he wanted. Gentlemen of the jury, it is awful to con. template such an amount of criminality for so poor an object; but there can be no doubt that this individual, not having the fear of retribution in this world, or in the next, before his eyes, did actually, and de facto, commit the murder with which the risoner at the bar now stands charged. And now, gentlemen, i shall proceed to call to you the only witness who can prove to you that, engaged in these infamous transactions, there were two persons of similar appearance as regards costume, and outward appearance of absolute want. Two _ persons, either of whom might be mistaken for the other, by those who might not pay marked and particular attention to their ap- pearance; and here, gentlemen, it unfortunately happens that the crime is of so serious a character, it is not likely, even if this oh perupaar of the prisoner at the bar was in existence, he would come forward to take upon himself the punishment of death to screen another. We cannot expect, gentlemen of the jury, such heroism of virtue, and if we did, we should not get it, for the individual unfortunately is dead. Now, gentle- men of the jury, I consider that I have thrown sufficient doubt upon the guilt of the prisoner, to make you pause before you think of convicting him. You will reflect how truly dreadful a circumstance it would become to yourselves, if, in the course of years, such an amount of doubt was to arise in your minds concerning his guilt, as to make you regret your judgment against him. To spare yourselves from such a possible, per- haps I ought to say, probable anguish of mind, I call upon you to acquit the prisoner upon the ground that I have pre- sented to you. I shall now proceed to call Mabel Rouselli, and you will bear in mind, that although that lady has it in her power to accuse the prisoner at the bar of another offense, namely, ber abduction from those who had legal custody of her, that has nothing todo with the charge of murder now brought against him.” The counsel considered that this was a point, and so having had his say, like a man of discretion he sat down, leaving cer- tainly behind him a sort of bewildering impression on the minds of the jury, that what he had said might be true, and probably a great dread of convicting an innocent man. We before stated that Mabel had been subpoenaed on this trial by both sides, so that the counsel for the prosecution, consider- ing that she could prove nothing but what he had it fully in his power to prove from other sources, declined harassing her by legal examination. He had not the least idea, of course, of the nature of the de- fense to be set up; but still, if Mabel now were called, it gave Mhim an opportunity, if he thought proper, of putting any ques- tions to her, as well as commenting upon her evidence. ‘‘ Courage, Mabel,” whispered Captain Morton to her, as he felt her small hand tremble in his, wnen she heard the announce- ment that she was to be dragged forward to take part in the criminal proceedings. ‘Courage, dear Mabel; you can have ne comicbooks. com