The lost hunter: A tale of early times

by John Turvill Adams

All participated in the feelings of the young ladies, and, as might be supposed, the young men most. To Pownal, a wish of Anne's was a command; nor was there a danger, scarcely, he would have refused to encounter to gratify her. He had never, indeed, breathed a word of love, but he had flattered himself of late that she understood his feelings, and that the knowledge gave her no displeasure; and, in spite of the disparity in their conditions, hope nestled at the bottom of his heart. Besides, Faith was with him a favorite, and it distressed him to witness her excitement.

Nor could William Bernard behold unmoved the tears of Faith, or the agitation of his sister. Never, indeed, before had the divine eyes of Faith Armstrong so affected him as now, when suffused with tears; nor had her beauty ever shone so resplendent. Upon the withdrawal of the girls, he put his arm into that of Pownal, and drawing him into a recess, the young men took counsel together respecting what should be done.

At the appointed hour, all parties were again present in the little office of the lawyer, and the examination commenced. It is unnecessary to recapitulate in full the testimony. In spite of the ingenuity of Mr. Tippit, who closely cross-examined the witnesses for the prosecution, and thereby only made them rather strengthen than weaken the force of their testimony, the facts were fully proved. Indeed, the whole occurrence was too recent and public to make the proof a task of any difficulty. The only differences in the statements of the witnesses were, that some thought Holden was standing at the side of the reading-desk, when he addressed Davenport, while others were as sure he was in front, a circumstance considered by Ketchum and the Court as of no consequence, while Tippit regarded it as of the greatest importance, as a test of the accuracy of the memory, if not of the veracity of the witnesses; and, again, what came out in the persevering cross-examination by Tippit, viz.: that in the opinion of some witnesses, Holden, instead of saying "soul-damning and abominable lies," said "damned, abominable lies". The eyes of Ketchum fairly danced when the efforts of his opponent succeeded in eliciting from the badgered and provoked witness this most mal-à-propos testimony which his own ingenuity had been unable to draw forth, and he took care, in the rest of the examination, to get the same statement if possible from the remainder of the witnesses. In this he was partially successful, each one intending most sincerely to tell the truth, and yet artfully led on by the lawyer, often falsely coloring and distorting the facts. On the conclusion of the testimony on the part of the State, Mr. Tippit produced witnesses to prove the words spoken, who, after all, did not alter the complexion of things, and also the good character of the prisoner, but this latter proposal was stoutly opposed by Ketchum, as irrelevant to the issue.

"What have we to do," said he, "with the character of the prisoner? His character is not at issue. That may be as good as the Court's, for instance (and I desire no higher), and yet the offence charged may have been committed. If brother Tippit is allowed to run into all these side issues, we shall never be done with the examination, and therefore I object to the testimony."

Tippit, in reply, expressed great surprise at the conduct of his brother, Ketchum; "but," said he, "I do not wonder at the anxiety of the gentleman to keep out testimony of so vast importance for my client. Here is a discrepancy. Some witnesses state the language said to have been used by my client in one way, some in another. Now, although a man of good character might use the words 'soul damning and abominable,' which we are constantly hearing in sermons and prayers, and if they are proper there, one might suppose them proper in common discourse, he would be less likely to use the other phrase; though, if he did, I hope I shall be able to convince the court there's no great harm in that."

Here Ketchum's face expressed unutterable astonishment, and the Justice, as if scandalized at the proposition, interrupted the counsel, and told him he hoped he did not mean to justify profane language.

"Far from it, please your honor," answered Tippit, "but I say we have been guilty of no profanity which, at the proper time, I expect to satisfy the court of. We offer the testimony now for two purposes: first, to assist the judgment of the court in coming to a conclusion, whether the words were spoken or not, because if we prove the prisoner's good character, it is less likely they were uttered by him; and secondly, if your honor should be of opinion that the words were used, in mitigation of punishment, if, indeed, the court should be disposed to take notice at all of the trifle of which the prisoner stands accused."

Ketchum reiterated his objections, denying that the testimony was admissible for either purpose. He did not think, he said, that his brother Tippit was able to assist the judgment of the court a great deal; as for judgment, the article was so scarce with a certain gentleman, he advised him to keep the modicum he had for his own use. So far as mitigation of punishment was concerned, he thought the greater the respectability of the offender, the greater should be the punishment, both because his education and opportunities should have taught him better, and by way of example to others, in like case to offend. The doctrine of the gentleman, he added, might do well enough where kings and aristocrats ground the people to powder, but he hoped never to see the day, when, in our own free country, a man might do what he pleased because he was respectable.

This sentiment, notwithstanding the feelings of almost all present were in favor of Holden, was so decidedly patriotic, that it met the most favorable reception, and there was a general whispering and rustling among the audience. After the sensation had subsided, Justice Miller, with some hesitation, decided to receive the testimony for the present. "It is different," he said, "from allowing evidence to go to a jury. I am both court and jury, and will think it over, and reject it, if I think it should be." With this decision the counsel were obliged to acquiesce, and Tippit proceeded with his testimony.

It was easier to prove the good character of Holden than the exact occurrence at the meeting. Judge Bernard, Mr. Armstrong, who came into the court in the afternoon, Pownal, and many others, testified to his irreproachable reputation, and were certain that his conduct proceeded from no evil intent.