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termory of the nerii wa muå Gamay the exposure both of her exapperations and exporevices of important faste touching the loflent at the breakfatmate Having borantonly allowed benelf to be draws into pardozlarizing Tato fx the exact dre, and to postiely as to render retraction ins pole the way to be own evident simonbrune, farly entralised by more than one of those present on that octaYa, who described the scene as it actuay waned. Of coure, after such a rescaton of untruthfulnes, her whole ter mong becane lable to spléon, the more violent that the falsehood was plainly intentional. Moreover, the defendant was now provided with evidence of the constant and intolerable provocations to which he had been subjected during the whole of his married life. Of this, how ever, the most moderate and guarded use was to be made; because, while it was necmary, by exposing the true character and habitual violence of his wife, to relieve the prisoner of that load of public indignation which had been excited against h'm on account of Lis alleged brutality, it was even more important that no strong resentment should be supposed to have grown up on his part against his tormen

tor.

This delicate task was managed by the attorney with such consummate skill, that, when the evidence on both sides was closed, public sympathy, if not public conviction, had undergone a very perceptible change. The prosecutors, aware of this, felt the success of their case endangered, and exerted themselves to the utmost to prevent the tide, now almost in equilibrium, from ebbing back with a violence proportionate to that of its flow. But the argument even of their ablest champion, John -, seemed almost puerile, in comparison with this, the last effort of George --an effort which was long remembered, even less on account of its melancholy termination than for its extraordinary eloquence. The Kentuckians of that day were accustomed to hear Breckenridge, Clay, Talbot, Allen, and Grundy, all men of singular

cratorical fame — but never, we have beard its affirmed, was a more moving appeal poured into the ears of a Kenmaiky jay. Avage off every resource of profesional skill be now demonstrat ed to the full satisfaction of many, the uner inadecary of the cinstantial evidence upon which so much stress had been laid to justify a cccviction—Ê ing and weighing carefully every fact and detail, and trying the conclusions that had been drawn therefrom by the most rigorous and searching login,—and then, asailing the credibility of the testimony brought forward to prove the habitual cruelty of his client, he gave utterance to a withering torrent of invective and sarcasm, in which the character of the main hostile witness shrivelled and blackened like paper in a flame. Then-baving been eight hours on his feet — be began to avail himself of that last dangerous resource which genius only may use. — - the final arrow in the lawyer's quiver, which is so hard to handle rightly, and, failing, may prove worse than useless, but, sped by a strong hand and true aim, often tells decisively on a hesitating jury,—we mean a direct appeal to their feelings. Like a skilful leader who gathers all his exhausted squadrons when he sees the crisis of battle approaching, the great advocate seemed now to summon every overtaxed power of body and spirit to his aid, as he felt that the moment was come when he must wring an acquittal from the hearts of his hearers. Nor did either soul or intellect fail at the call. Higher and stronger surged the tide of passionate eloquence, until every one felt that the icy barrier was beginning to yield,—for tears were already seen on more than one of the faces now leaning breathlessly forward from the jury-box to listen,— when all at once a dead silence fell throughout the hall the voice whose organ-tones had been filling its remotest nook suddenly died away in a strange gurgle. Several physicians present immediately divined what had happened; nor were the multitude near kept long in doubt; for all saw, at the next moment, a crimson stream

:

welling forth from those lips just now so eloquent, checking their eloquence, alas, forever! It was quickly reported through the assembly that the speaker had ruptured one of the larger bloodvessels in the lungs. The accident was too dangerous for delay, and George. was borne almost insensible from the scene of his struggles and his triumphs, to reënter, as it proved, no more. He lived but three days longer,-long enough, however, to learn that he had sacrificed his life in vain, the jury having, after a lengthened consideration, affirmed the former verdict against his friend and client.

The unfortunate man stood up to receive this second sentence with the same face of impassive misery with which he had listened to the first. To the solemn mockery, "If he had anything to urge why sentence of death should not be passed upon him," he shook his head wearily, and answered, "Nothing." It was evident that his mind was failing fast under the overwhelming weight of calamity. It was sad to see this highborn, but ill-fated gentleman thus bowing humbly to a felon's doom; and the remembrance of that scene must have been a life-long remorse to his judges, when the events of a few weeks revealed to them the terrible truth, that he was innocent of the crime for which they had condemned him.

We will not dwell upon the events alluded to; for even at the distance of nearly three-quarters of a century they are too painful and humiliating. Suffice it to say, that, when the murderess discovered that her beloved master was to suffer for her crime, and that no other chance of salvation remained, she made a full confession of the whole matter. But the sentence had been pronounced, and the power of suspending its execution rested with the Governor; and that dignitary - let his name, in charity, remain unsaid—was about to be a candidate for reelection to the office which he disgraced, while the family of the murdered lady

was one of the most extensive and influential in the State, the whole of which influence was thrown into the scale against mercy and justice. With what result was seen, when, on the morning of the

of April, 17—, the prison-doors were opened for the last time for his passage, and Cyril Wilde was led forth to the execution of an iniquitous sentence, though, even while the sad cart was moving slowly, very slowly, through the crowded, strangely silent street, some of the very men who had pronounced it were imploring the Governor almost on their knees that it might be stayed. The prisoner alone seemed impatient to hasten the reluctant march, and meet the final catastrophe. He knew of the efforts that were making to save him, and the confession on which they were founded. He had listened to hopeful words and confident predictions; but no expression of hope had thereby been kindled for an instant on his pale, dejected face. The ominous premonition which had come upon him at the moment of that first overpowering realization of his danger continued to gain strength with every successive stroke of untoward Fate, until it had become the ruling idea of his mind, in which there grew up the sort of desperate impatience with which we long for any end we know to be inevitable. The waters of his life had been so mingled with gall, and the bitter draught so long pressed to his lips, that now he seemed only eager to drain at once the last dregs, and cast the hated cup from him forever,-impatient to find peace and rest in the grave, even if it were the grave of a felon, and at the foot of the gallows.

Here let the curtain fall upon the sad closing scene. We will only remark, in conclusion, that the name and family of this ill-fated victim of false and circumstantial evidence have long since disappeared from the land where they had known such disgrace; and but few persons are now living who can recall the foregoing details of the once celebrated "Wilde Tragedy."

CRAWFORD'S STATUES AT RICHMOND.

LONG I owe a song, my Brother, to thy dear and deathless claim; Long I've paused before thy ashes, in my poverty and shame : Something stirs me now from silence, with a fixed and awful breath; "T is the offspring of thy genius, that was parent to thy death.

They were murderous, these statues; as they left thy teeming brain,
Their hurry and their thronging rent the mother-mould in twain:
So the world that takes them sorrowful their beauties must deplore;
From the portals whence they issued lovely things shall pass no more.

With a ghostly presence wait they in a stern and dark remorse,
As the marbles they are watching were sepulchral to thy corse;
Nay, one draws his cloak about him, and the other standeth free
With his patriot arms uplifted to the grasp of Liberty.

Shall I speak to you, ye silent ones? Your father lies at rest,
With the mighty impulse folded, like a banner, to his breast;
Ye are crowned with remembrance, and the glory of men's eyes;
But within that heart, low buried, some immortal virtue lies.

When with heavy strain and pressure ye were lifted to your height, Then his passive weight was lowered to the vaults of sorrowing Night : They who lifted struggled sorely, ere your robes on high might wave; They who lowered with a spasm laid such greatness in its grave.

--

In the moonlight first I saw you, with the dawn I take my leave;
Others come to gaze and wonder,—not, like me, to pause and grieve:
Sure, whatever heart doth hasten here, of master or of slave,
This aspect of true nobleness makes merciful and brave.

But I know the spot they gave him, with the cool green earth above, Where I saw the torchlight glitter on the tears of widowed love, And we left his garlands fading; - to redeem that moment's pain, Would that ye were yet in chaos, and your master back again!

No! the tears have Nature's passport, but the wish is poor and vain,
Since every noblest human work such sacrifice doth gain;
God appoints the course of Genius, like the sweep of stars and sun:
Honor to the World's rejoicing, and the Will that must be done!

JOURNAL OF A PRIVATEERSMAN.

II.

WE left our privateer, the Revenge, Captain Norton, of Newport, Rhode Island, making sail for New Providence, with her lately captured prize. There was an English Court of Admiralty established on this island, and here the prize was to be condemned and sold. The Journal begins again on Monday, 10th August, 1741.

Monday, 10th. Fine breeze of wind at N. W., with a large sea. At 5 A. M. saw Hog Island & the island of Providence. Fired a gun & lay to for a pilot to take us in. At 8 a pilot boat came off, & Jeremiah Harman, Master of our prize, in her, having arrived the day before. Passed by the Rose man of war, stationed here. We saluted her with 7 guns, & she returned us 5. Ran aground for'ard & lay some time off of Major Stewart's house, but the man of war sent his boat to carry out an anchor for us, and we got off. The Cap went ashore to wait on his Excellency, & sent the pinnace off for the prisoners, who were immediately put in jail.

Thursday, 13. Landed all our corn, and made a clear hole of the prize. At 9 P. M. it began to thunder & lighten very hard. Our sloop received great damage from a thunderbolt that struck our mast & shivered it very much, besides tearing a large piece off the hounds. As it fell, it tore up the bitts, broke in the hatch way, and burst through both our sides, starting the planks under her wale, melting several cutlasses & pistols, and firing off several small arms, the bullets of which stuck in her beam. It was some time before we perceived that she leaked, being all thunder struck; but when the Master stepped over the side to examine her, he put his foot on a plank that was started, and all this time the water had been pouring in. We immediately brought

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all our guns on the other side to give her a heel, & sent the boat ashore for the Doctor, a man having been hurt by the lightning. When we got her on a heel, we tried the pumps, not being able to do it before, for our careful carpenter had ne'er a pump box rigged or fit to work; so, had it not been for the kind assistance of the man of war's people, who came off as soon as they heard of our misfortune, & put our guns on board the prize, we must certainly have sunk, most of our own hands being ashore. This day, James Avery, our boatswain, was turned out for neglect of duty.

Friday, 14. This morning came on board Cap' Frankland to see the misfortune we had suffered the night before, & offered to assist us in all he could. He sent his carpenter, who viewed the mast & said he thought he could make it do again. The Cap', hearing of a piece of timber for his purpose, waited on his Excellency to desire him to lay his commands on Mr Thompson to spare it him. He sent Mr Scott, Judge of the Admiralty, to get it in his name, promising to make it good to him in case of any trouble arising from the timber not belonging to him. Unloaded all our provisions & put them on board the prize, in order to get ready for the carpenters to repair the sloop.

Saturday, 15th. A court was called at 4 o'clock P. M., Cap' Norton's petition read, and an agent appointed for the owners. The Company's Quartermaster & myself were examined, with John Evergin & Samuel Eldridge, the two English prisoners, concerning the prize, and so the court was adjourned till Monday, at 10 of the clock, A. M.

Monday, 17. The court met according to adjournment. Jean Baptiste Domas was examined concerning the freedom of the prisoners, and his deposition taken in writing. All the evidence and depositions were then read in court, sworn to,

in the West has always been against capital penalties, and it is next to impossible to carry such penalties into effect against a popular favorite. In a country like this we might as soon expect to see the hands of a clock move in a direction contrary to the machinery by which it is governed, as a jury to run counter to plainly declared popular feelings. There may now and then be instances of their acquitting contrary to the general sentiment, where that sentiment is unimpassioned; but we much doubt whether there has ever occurred a single example of a jury convicting a person in whose favor the sympathy of a whole community was warmly and earnestly expressed. such sympathy Captain Wilde had none; for to the great majority he was known only as the exciseman, and as such was an object of hostility. Not that this hostility at any time took the form of insult and abuse, for we are proud to say that outside of the large towns such disgraceful exhibitions of feeling are unknown,-but it left the minds of the general mass liable to be operated on by all the suspicious circumstances of the case, and by the slanders of the personal enemies of the accused.

Of

On the 23d of November, an immense crowd of people, both men and women, were assembled in the court-house atto witness a trial which was to fix a dark stain on the judicial annals of Kentucky, and in which, for the thousandth time, a court of justice was to be led fatally astray by the accursed thing called Circumstantial Evidence, and made the instrument of that most deplorable of all human tragedies, a formal, legalized murder. It is one of the most glaring inconsistencies of our law, that it admits, in a trial where the life of a citizen is at stake, a species of testimony which it regards as too inconclusive and too liable to misconstruction to be allowed in a civil suit involving, it may be, less than the value of a single dollar. True, it is a favorite maxim of prosecutors, that "circumstances will not lie"; but it requires little acquaintance with the history of criminal trials

to prove that circumstantial evidence has murdered more innocent men than all the false witnesses and informers who ever disgraced courts of justice by their presence; and the slightest reflection will convince us that this shallow sophism contains even less practical truth than the general mass of proverbs and maxims, proverbially false though they be. For not only is the chance of falsehood, on the part of the witness who details the circumstances, greater, since a false impression can be conveyed with far less risk of detection by distortion and exaggeration of a fact than by the invention of a direct lie,but there is the additional danger of an honest misconception on his part; and every lawyer knows how hard it is for a dull witness to distinguish between the facts and his impressions of them, and how impossible it often is to make a witness detail the former without interpolating the latter. But the greatest risk of all is that the jury themselves may misconstrue the circumstances, and draw unwarranted conclusions therefrom. It is an awful assumption of responsibility to leap to conclusions in such cases, and the leap too often proves to have been made in the dark. God help the wretch who is arraigned on suspicious appearances before a jury who believe that "circumstances won't lie" for the Justice that presides at such a trial is apt to prove as blind and capricious as Chance herself. In reviewing the present trial in particular, one may well feel puzzled to decide which of these deities presided over its conduct. A Greek or Roman would have said, Neither, but a greater than either,—Fate; and we might almost adopt the old heathen notion, as we watch the downward course of the doomed gentleman from this point, and note how invariably every attempt to ward off destruction is defeated, as if by the persevering malice of some superior power. We shall soon see the most popular and influential attorney of the State driven from the case by an awkward misunderstanding; another, hardly inferior, expire almost in the very act of pleading it; and, finally, when the real criminal

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