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3.

innocence of their client and their declaration that since the close of the case, further, material evidence in the interest of the Defense had been discovered.  This application, regardless of the injury which would be inflicted by even one day's unjust imprisonment, which had likewise been duly remarked on, was refused, on the plea that the punishment was very light.

The evidence in the case was substantially as follows.

On the morning of the 6th June 1866 the corn crib aforesaid was found broken open, and some corn gone.  Three tracks were noticed, coming to and going away from the crib; two were those of persons wearing shoes, and the other of a person barefoot.  On being traced, they were found after passing through a piece of woods, to terminate (by a fence I think) a short distance - not definitely stated - from the house occupied by the accused and his family.  At some point, not particularly specified, in the woods, it appeared as if the persons carrying the corn must have sat down; and there some of the grains were found.  The parties (two Sons of the lady who had lost the corn) after exploring the trail, took with them a third, disinterested person, who carefully measured the tracks made; and they then proceeded together to the house of the accused.  Arriving there, they got him to throw out two pairs of shoes; one of which (the Wife's supposed) on being likewise measured it were found to correspond exactly in size, with one set of the tracks made; and a certain protuberance (of indefinite delineation) which had caused a corresponding, peculiar impression, was particularly remarked.  They next also measured the girl, Susan's feet (I believe) which were readily found to correspond with the bare footed tracks

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