Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IVVarious
General
Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IV
Various
American literature -- Periodicals; Civilization -- Periodicals; Culture -- Periodicals
Mr. Kerber testified that he left his office safe, with his money in the
money-box, in the desk, on Saturday night, about half-past eight. That
on the Monday morning following he found that the office had been broken
into, the desk opened, and the money-box carried away. That he was
present at the prisoner's examination before the justice, and that the
prisoner then and there said that there was something buried under where
the corn-barn had stood, and that the company all proceeded to the
place, and dug into the ground where the prisoner directed them to dig,
and that there they found the money-box.
The minutes of Antonio's examination before the justice were also read,
in which he declined to give any explanation of the case.
The county attorney then said that his evidence was closed.
The judge then called upon Mr. Keep to bring forward whatever evidence
he had to offer in the prisoner's favor. Mr. Keep had only two
witnesses, and they could only testify to Antonio's general good
character. They were Franconia men, who said that they had known Antonio
a long time, that he had always borne an irreproachable character, and
that they did not believe him capable of committing such a crime.
After the evidence was thus all in, Mr. Keep made a speech in defense of
his client. He admitted, he said, that the case was a very extraordinary
one. There was a mystery about it which was not explained. Still he said
it was not really _proved_, either that Antonio stole the money or that
he set fire to the barn. Many suppositions might be made to account for
the facts, without implicating Antonio as really guilty.
The county attorney then made his speech. It was, of course, against
Antonio. He said that the appearances were all against the prisoner, and
that if he were really innocent, it would be easy for him to explain the
case. His refusal to do this, and his showing where the money was hid,
ought to be considered as completing the proofs of guilt, furnished by
the other circumstances of the affair.
The judge then told the jury that it was their duty to decide whether it
had been _proved_ that Antonio was guilty.
"You have heard all the evidence," said he, "and you must decide. If you
are perfectly satisfied that the prisoner is guilty, then you must
condemn him. If you are satisfied that he is innocent, then of course
you must acquit him. And if you are uncertain whether he is innocent or
guilty, then you must acquit him too; for no one is to be condemned,
unless it is proved positively that he is guilty."
The jury were then conducted out by an officer of the court, to a small
room adjoining, where they were to deliberate on the case. In about
fifteen minutes they returned. The judge then called upon the prisoner
to rise. Antonio rose and looked toward the judge. The jury were
standing in their places, looking toward the judge, too.
"Gentlemen of the jury," said the judge, "are you agreed upon the
verdict?"
The foreman of the jury said,
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