Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
Many of his speeches in the _nisi prius_ courts are still
recollected by the profession and the people of middle age in the
Fourth Circuit, and are spoken of with great admiration. One of the
last of these in which, though he was then broken down by misfortune
and enfeebled by disease, the fires of his genius and eloquence
shone out in the lustre of his palmiest days, was made in the case
of _Burrow_ vs. _Worth_, in the Superior Court of Randolph in 1830
or 1831. It was an action for malicious prosecution against Dr.
David Worth, a prominent physician, charging him with having falsely
and maliciously caused the plaintiff, Burrow, to be presented for
the murder of one Carter, of whose wife it was pretended he was
the _paramour_. The plaintiff sought to show that not only was the
accusation against him false, but that Worth was himself accessory
to the murder which he alleged had been committed by the wife of
Carter, by poison, which he (Worth) had furnished to her for that
purpose, and he supported his complaint with a well-combined scheme
of perjury and fraud which it required no ordinary skill and courage
to baffle. His chief witness was a married woman who was found to
be a member of a church, whose general character was vouched by her
acquaintances to be good, and who deposed to a conversation between
Worth and the wife of Carter, in which it was agreed that for a
base motive he would provide her with arsenic with which she was to
poison her husband. It was further shown, and this was true, that
Worth had attended the deceased as a physician at the time of the
alleged conspiracy against his life, so that the opportunity, at
least, was not wanting. Such was the aspect worn by the case when
this witness was tendered to Mr. Murphy, the defendant's counsel,
for cross-examination. By a series of questions as to the time,
place and circumstances, the furniture in the room in which the
conversation was located, the relative positions of the parties
and the witness, their previous acquaintanceship, the course of
the dialogue between them, _et cetera_, he involved her in such a
maze of inconsistencies, contradictions, and improbabilities as
to expose the whole story as a base fabrication. The privilege of
cross-examination is often abused, though there is a consistency in
truth and incongruity in falsehood which, even in the case of the
least resolute witnesses, rarely allows such abuse to do much harm.
All perceived, in the case in question, that it was one of the great
tests of truth which cannot safely be dispensed with in judicial
proceedings. The evidence, as usually happens in such cases, was
quite voluminous; we have but delineated its most prominent feature.
Having for his client a personal friend, threatened to be victimized
by a foul conspiracy for daring to perform one of the highest duties
of a citizen, in bringing at least a supposed murderer to justice,
Mr. Murphy in his defense, inspired by the theme, is said to have
Public-domain text, read in full here on John Shaqi.
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