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5

Commonwealth declared it as his belief that the two first named parties would have been convicted.
This is about the substance of all the testimony given in by five or more Witnesses for the Commonwealth, three of the number [[strikethrough]] being [[/strikethrough]]-the principal ones-being Sons of the lady of whom the corn was stolen. There were no Witnesses at all for the Defense. After the Jury had retired, however, it was ascertained by Defendant's Counsel, of a man present, who lives in the immediate neighborhood of the occurrence, that he himself had some of the very same kind of corn: and this, as I have before intimated, was duly represented to the Court, on the application for a new trial, but without avail.
   And here I must further state, that the fact was likewise represented to the Court, by the two Lawyers conducting the Defense, that they were doing so without any pecuniary interest on their part, simply as an act of friendship towards a brother professional who had defended the Wife and Daughter of the accused, and had also been retained by him, but who, as he lived out of this County, was prevented by the prevailing very great inclemency of the weather from being present; and that they were not themselves as thoroughly prepared to properly defend his client; &c &c And I must also add, neither was the Wife or Daughter of the Accused in attendance. If even they knew that the trial was to come, off, they, like numerous others living at a distance, must of necessity have been prevented from attending, by the intervening rivers, from an excess of rain, being entirely too high to be crossed, in any manner. I do not know whether the Daughter, having been acquitted, could not have been called as an important witness in this matter                          
         

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10.25.2023 - First word of this page is the continuation of a word break from the previous page; Per guidelines, transcribe the whole word. ---------- Reopened for Editing 2023-10-25 16:09:39