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A Defense Without Evidence


Many years ago, when I had been just long enough at the bar to begin to attract notice, and to convince my seniors that it was not always safe to encounter me without preparation, I found myself, on a certain occasion, in the course of my circuit travels, at the village of B., a frontier county seat in one of the southwestern states.

It was Saturday evening, and court was to commence on the following Monday. I was busy in my room at the tavern—the only one the place contained—looking over a bundle of depositions in the single case I had come there to try, when a gentle tap at my door interrupted my labors.

“Come in!” I somewhat gruffly responded; for the contents of the documents which engaged my attention were not of a character to promote either amiability, or any very sanguine hopes of the case to which they pertained.

The door was timidly opened, when a plainly dressed female, young, and of a prepossessing though saddened expression of countenance, entered the room. By the courtesy of my manner, I made the only atonement in my power for a seeming rudeness for which it was impossible to offer a more direct apology, and handing a chair, I invited her to be seated. After a moment’s hesitation—

“You are Mr. C., I presume?” she said inquiringly.

“Yes, madam.”

“I have called to see you in reference to my husband,” she said in a tremulous tone; “he is to be tried at the court which comes on day after tomorrow, on a most fearful charge, but indeed, indeed sir, he is quite innocent.”

A burst of tears choked her utterance, and it was some moments before she had recovered sufficient composure to be able intelligibly to answer the questions by which I, at length, succeeded in eliciting her story.

It was briefly this:

Shortly after her marriage to William Preston, which had taken place in Kentucky, she had accompanied her husband to… Read More