"Overwhelming evidence is brought against her to-day, and no doubt of her having committed the theft exists. There appears little more for you to do than to find her guilty, and for me to pass the sentence. But before doing these, it is necessary that the accused shall have a defense. She is questioned, but informs the court she has nothing to say. At this stage of the proceedings, a gentleman well known to you as a rising lawyer of this place before the war commenced, and better known since then as a gallant and meritorious officer, appears as her defendant. You have heard his defense. The act of taking the money is not denied, but in his defense he claims that it was committed through dire necessity. It is true that a defense of this nature is a somewhat extraordinary one, and is new in the annals of criminal law. Still he has given you a tale of hardships and privations which he claims occurred in this city, and which, coming from any other source, may well be doubted. It is left for you to decide whether his claim for an acquittal shall be granted or not. In my remarks I do not intend to bias you one way or the other. What my opinions are will be given after your decision is announced. To you I look for that decision." "If your honor will permit me," said Dr. Mallard, rising, "I will make a few remarks before the jury retires. The tale told by Lieut. Shackleford is correct so far as I know of it. I was called upon to attend on the sick girl mentioned in the defense, and found her in an old cabin, almost at the point of death. At the time it did not strike me as singular that a white family should be found living in such a hovel, but the tale I have just heard narrated has made me reproach myself for my blindness in not discovering that the unfortunate family were of greater respectability than can be found in the residents of log cabins. Impressed, therefore, with a firm belief in the truthfulness of the tale I have heard, I shall act accordingly." With these remarks he resumed his seat, and in a few minutes the jury retired to decide on their verdict. Mr. Elder followed reluctantly, but had made up his mind to give consent to anything the majority should decide on. He was already apprehensive for his personal safety and was anxious to be at home again. After a short absence the jury returned and announced they had decided on a verdict. "What is that verdict, gentlemen?" inquired the judge. "Do you find this lady guilty or not guilty?" "Taking all the circumstances into consideration," replied the foreman, "we find the prisoner NOT GUILTY of the charge."