"I cannot possibly excuse you, Mr. Elder," remarked the judge, in a tone of surprise, "the case has progressed too far already for any excuse. Continue, Lieutenant Shackleford," he continued, speaking to Harry.

"As I was observing," Harry went on, "this soldier departed for Virginia, and shortly after his departure, a villain, who had addressed his wife in former years and been rejected, assumed the sheep's garb and resumed his acquaintance with her. Many were the kindnesses he extended towards her, and the delicate manner in which he performed those little acts of courtesy, that lend a charm to society, disarmed any suspicion of his sincerity of purpose. But under the guise of friendship, the villain designed to overcome a lonely woman. With that subtlety and deception which every roue possesses, he ingratiated himself in her confidence and favor until she began to regard him in the light of a brother. But the hour approached when the mask he had worn so long would be thrown aside and his unhallowed desires be avowed. The soldier was taken prisoner at Fort Donelson, and within four months after, New Orleans fell. Then the persecutions of the unprincipled villain commenced. A Northern man, he did not at the commencement of the war avow his sympathies to be with the people of his section, but, pretending friendship for the South, remained in our midst until Butler and his infamous cohorts had gained possession of the city, when he proclaimed himself a Unionist, and gaining the favor of that disgrace to the name of man, was soon able to intimidate the cowardly or beggar the brave. One of his first attempts was to compel this lady to yield to his hellish passions. With contempt she spurned his offers and ordered him never more to cross the threshold of her house. Swearing vengeance against her, he left, and on the following morning she received an order to leave the limits of the city, that day, and prepare to enter the Confederate lines. The dangers which then threatened her, she deemed vanished, for she feared more to remain in the midst of our enemies than to enter our lines. The order was therefore received with joy, and she prepared to depart. Though a pang of sorrow may have filled her heart at being compelled to relinquish her comfortable home, though she saw before her days, weeks, months, perhaps years of hardship, not one feeling of remorse at having rejected the offers of a libertine, ever entered the mind of the soldier's wife. The time at length arrived for her to depart, and with her two children, a few articles of clothing, and a small sum of money, she was placed within our lines, far from any human habitation, and left to find a shelter as best she could.

"To this city she bent her footsteps, and here she anticipated finding an asylum for herself and children. Gentlemen, we all well know that, unfortunately for our cause and country, the evils Speculation and Extortion, had spread their leprous wings and covered our land with destitution. To a man of this city, who, before the world's eye, appeared the Christian and the man of benevolence, but who in his dealings with his fellow-men, was as vile an extortioner as the most heartless; to this man she went and hired a room in which to find a shelter. Finding she was a refugee and fearing an evil day, he bound her down by law to suffer ejectment the moment she could no longer pay the rent. Ignorant of the weapon she placed in his hands, she signed the deed, and after paying a portion of the rent in advance, left him and assumed possession. Mark well, gentlemen, what I have said. In his action we find no Christianity—no benevolence; nothing but the spirit of the extortioner is here manifested. There is no feeling of sorrow shown at her unfortunate position, no disposition evinced to shield the helpless mother and her babes. No! we find his actions narrowed down to the sordidness of the miser, the avariciousness of the extortioner. A feeling of surprise at such conduct may flit across your bosoms, gentlemen, and you may perchance doubt that I can show a man of this city, so bereft of charity, so utterly oblivious to all the better feelings of humanity, but I shall before long call his name, and give such evidence of the truth of my assertions, as will be beyond contradiction or doubt.

"To another man the soldier's wife went for the purpose of purchasing a few articles of furniture. Of him I have little to say at present. It is true that without caring who and what she was, his merchandize was sold to her at the speculator's price. But he had the right to charge whatever he pleased, and therefore I have nothing to say against him for that.

"Weeks passed on, and the soldier's wife found herself without the means of purchasing food for her children. The hour had at last arrived when she was utterly destitute. In the meantime her husband lay in a foreign prison, ignorant of the unhappy fate his wife was undergoing. Many are the nights we have walked to and fro on the grounds of Camp Douglas, and often has he spoken to me of his absent wife and children. I know him, gentlemen, and never in the breast of man beat a heart truer than his, nor in the minds of God's mortals were there ever finer and nobler impulses. While he was thus suffering confinement for his country's sake, his wife and children were here—in our very midst, starving! Aye, starving! Think of it, gentlemen—that in the midst of those who were supposed to be friends—the wife and children of a patriot were allowed to starve. Great God! is there on earth a spectacle so fearful to behold as starvation? And is it not enough to evoke the wrath of the Infinite, when men, surrounded by all that wealth can afford, refuse to aid and succor their starving fellow creatures?

"You may think that no man can be found who would refuse, but I tell you, gentlemen, that that man who now stands before you, was appealed to by this lady, the accused, after she had disposed of every piece of furniture in the room, save and except the bed on which her children slept. The appeal was rejected, and, despairing of help, she offered and sold to him the last remaining article of furniture. Here now is the picture. He could not lend or give her a paltry pittance; and why, forsooth? Because the money would not yield him a profit, and there was a chance of his losing it. But the moment she offered to dispose of the bed, he purchased it, for in it did the profit of the speculator lie hidden, and on it could he get his money doubled. Think not, gentlemen, that the tale you have listened to from him is the true one. It is a varnished and highly colored evidence, beneath which a wide extent of corruption can be seen, the moment its curtain is removed.

"The pittance thus obtained serves but a short time, and they are again reduced to want. The eldest child—a lovely daughter, is taken ill, and while lying on a heap of rags in a corner of the room, the man calls and demands his rent. The poor woman has no money to satisfy his demands and he orders her to leave. She appeals to him, points to her ill child; but her prayers are unavailing—and in the hour of night she is thrust from the room, homeless, penniless, friendless! Yes! he—that man who now sits in the jury-box—he—Mr. Elder, the so-called Christian and man of Charity—he, ejected this helpless woman from the shelter and forced her to wander in the night air with her sick child—her starving babes. He—the extortioner"—continued Harry, with every feature expressing the utmost scorn, "turned her from the wretched home she had found here, and left her to die on the sidewalks, like the veriest beggar. No touch of pity for the child, no feeling of sorrow for the innocent angel, no thought of the patriot lingering in prison, ever entered the mind of the extortioner. There was nothing but self then, nothing but the promptings of his own avarice, which could view with indifference the miseries of others, so long as they should redound to his own benefit and aggrandizement. I tell you that man dare not deny a word I utter. He knows that every one is true, and if my language could wither him with shame, could make him the detestation of the world, I would speak yet stronger, for pity to him is but contempt for those he has injured.

"Thus thrust out of home and shelter, the helpless mother conveyed her fainting child to a negro's cabin and there revived it. The next morning she once more called upon her accuser and petitioned him for help. He again refused to aid her, although informed that the money was intended to procure medical aid for her sick child, until at last, wearied of her importunities, he handed her the pitiful sum of one dollar! This was not sufficient for the purpose she desired, and she was about turning away in despair when her eye lit on a package of notes lying on the safe. Remember, gentlemen, what I have told you. She was penniless and friendless. Her child was ill and she had no means to procure medical aid. Her appeal for charity had been rejected, and can we blame her if she yielded to the tempter and took the money lying before her? We cannot. Look not on the act, gaze only on the provocation. If in hearts there dwells a shade of pity, an acme of sympathy, you cannot return a verdict of guilty. She is not guilty of theft! I unhesitatingly assert, that if to act as she has, and under the circumstances she acted, be theft, then such a thief would I become to-morrow; and in my own conscience, of the opinions of the world and confident in the forgiveness of an Almighty Father, would I commit such a theft as she has—just such an offence. I pleaded 'not guilty,' and it may surprise you that in the face of such a plea, I should acknowledge that she took the money. Again I repeat my plea. She is not guilty of theft, and to you who have hearts to you who sympathize with the sufferings of a soldier's wife—to you, whose wives and children may to-morrow be placed in a similar position—to you, I leave a verdict. But one word yet ere I am done.