Gaut Gurley; Or, the Trappers of Umbagog: A Tale of Border LifeThompson, Daniel P. (Daniel Pierce)
General
Gaut Gurley; Or, the Trappers of Umbagog: A Tale of Border Life
Thompson, Daniel P. (Daniel Pierce)
Frontier and pioneer life -- Fiction; Maine -- Fiction; Trappers -- Fiction
A thrill of horror ran through the crowd as the witness came to the
conclusion of his revolting story. And so completely were all taken by
surprise by the startling, and as most of them believed truthful,
revelation, and so great was the sensation produced by the appalling
atrocities it disclosed, that the proceedings of the court were for some
moments brought to a dead stand. But soon the shrill, harsh voice of Gaut's
lawyer was heard rising above the buzz of the excited crowd, and bursting
in a storm of denunciation and abuse on the witness, and all those who had
a hand in bringing him forward, to thrust in, against all rule, such a
story,--which, if true, had no more to do with the prosecution now in
progress than the first chapter of the Alcoran. But it was not true. It was
a monstrous fabrication. It represented as a fact what never occurred in
all Christendom. It was stamped with falsehood on the face of it; and not
only spoke for itself as such, but was a virtual self-impeachment of the
witness, whose whole testimony the court should now throw to the winds. And
so, for the next half-hour, he went on, ranting and raving, till the court,
interposing, assured him that the witness' last story would not be treated
as testimony in the case; when he became pacified, and took his seat.
The counsel on the other side, who, during his opponent's explosive display
of rhetorical gas and brimstone, had been holding an earnest consultation
with Phillips (now also at hand with a disclosure which had been reserved
for the present moment), then calmly rose, and said he had a statement to
make, which he stood ready to substantiate, and to which he respectfully
asked the attention of the court, as a matter that should be taken into the
account in considering the prisoner's guilt in the present case, it being
one of the many offences that appeared to have marked his career of almost
unvarying crime and iniquity. He was well aware of the _general_ rule of
evidence, which excludes matters not directly connected with the point at
issue; but there _were_ cases in which that rule often had, and necessarily
ever must be, materially varied,--as in the _crim. con._ cases reported in
the books, where previous like acts were admitted, to show the probability
of the commission of the one charged, and also in cases like the present,
resting, as he admitted it thus far did, on presumptive evidence. In this
view, notwithstanding all that had been said or intimated, he believed the
concluding testimony of the last witness proper to be considered in
balancing the presumptions of the prisoner's guilt or innocence. And
especially relevant did he deem the statement, and the introduction of the
evidence he had at hand to substantiate it, which he had now risen to
offer. But, even were it otherwise, it would soon be seen that the step he
was about to take would be particularly suitable to be taken while the
Public-domain text, read in full here on John Shaqi.
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