THE RE-CONSIDERED VERDICT.

Evening Star, Issue 4121, 12 May 1876, Page 4

THE RE-CONSIDERED VERDICT.

A TRUE STORY. True in substance, tiieugh I tell it from a Memory not very retentive of details, and, though true, probably-new to many of my waders,-is the story of the "Re-considered Verdict."

Some sixty autumns ago, the case was I ttied at Chester before a judge of great ability and eminence, and a jury whose intelligence—but you shall hear. In the Receding spring—April, I think was the month —there had been a bad of burglary at a farm-house in Cheshire. Three men had tied, down and gagged the farmer and his two maid-servants, and had rifled the house at their leisure. The police were told of the matter, and pretty accurate descriptions were given of the men. There were two other clues. In the struggle one of the men had lost a button from his coat, which button he had left behind. Also, the same man had had his face so severely scratched by -one of the maids that the girl said "she had left her mark on him." Weeks passed without any arrest being made, and people began to forget the burglary, until one day a man was taken up m Mverpool on suspicion of being concerned in quite a different matter. He had with him a bundle containing some of the plunder of the farm-house. More of the plunder was found at his lodgings. His face bore traces of recent scratching; and, to clinch the matter, his coat wanted a button and the buttons on it corresponded exactly with that picked up at the scene of the burglary. His defence was very flimsy : "He knew nothing about the burglary, but had bought the coat and things cheap of a man in the street " " Did he know the man?" —"No, never saw him before or since." "How about the scratches?"— "Well, he was a sailor, and too much accustomed to big hurts to take notice of scratches." Of course he was committed for trial, and the trial, as I said, came on at Chester, It excited a good deal of interest, and the court was crowded, an invalid, staying at

the principal inn, bo far shaking off a touch of tropical fever as to send in his card to the ) judge and ask for a place behind the bar; and yet, after all, there was very little to be said. The circumstantial testimony above given was overwhelming, and, in ad dition to that, farmer and servant, with one accord, swore to the identity of the prisoner with the burglar. There was no defence ; the jury found a verdict of ' guilty" without leaving the box; and, asaburglary wasahanging matter in those days, it merely remained to pass sentence of death. Only a formula between him and judgment : —" Prisoner at the bar, you-have heard the verdict of the jury.- Have you anything to say why sentence of death should not be. passed upon you?".. Then the prisoner spoke for the first time. Just brushing his eyes with the cuff of his coat, he began, "Well, cap'n, it's hard to be hang for noth'n, but I ean see this is a yardarm business. I know no more o' this burglary than a baby; but these witnesses ha'n't told no lies. I s'pose. And what can I say ageri Jem ? When this canie off April, did'nt they say—l was fighting the slavers ott tfcte 6 old Coast. But you|ve got no call to believe that, and so there's an end to-&-'*:;. *■■: ..-.■■:

There was something in the man's manner that impressed the judge; so he said not unkindly, " But; surely, prisoner, if your story is true, you must have friends and comrades with whom.you could have communicated. If you had thought they could do you good, you would have done this. It is too late now. M "You're right, cap'n ; it's too late. But it's all very well to say ' let 'em know' when a man is locked up in gaol, and can't write nor read, and don't know where they are. They may be in America, they may be at the Cape, and how could I ever let 'em know; leastways, not in time ? No ; it's no use, and you d better order me to be run up to-tbe yard-arm at once." 41 But," urged the judge, " theCourtJia*no wish to hang 0 ' could speak for

The man looked in a hopeless sort of way round the court.

"No,' he began; but just then hj& eye lighted on the stranger from the inn. '•'•Yes. '* he added, pointing to him, "there is a gentleman who might speak for me if he would;'*

The judge turned rounds "Do you know the prisoner ?" he asked. "No, my lord, 1 ' was the reply, "I never saw him before in my life."

" Well, Captain. Sharp," said the prisoner,, "if you put the rope round my neck I give in.. Goon, my lord." "Stayj" said the judge, "is,your name Captain Sharp ?" '•'Yea, my lord:" and "Captain Sharp, R.N.," was on the card he sent in.

"Well, the prisoner seems to recognise yon, so I will ask you to step into the wit-, neap-box and be that he may ask you. questions." The captain went into the and* the following dialogue ensued:— '/Are you. Captain Sharp, of Hie Majesty's ship Vulture!" * J 4 -' Yes."' V Were you\in command of her on a slave coast this spring?" fflwaa." *' And wasn't I one'of your : . crew ?" '/Most certainly not." "But, cap'n, don't you.remember the. big you-all the trouble, that you "res!" "'

"And you yourself led the boarders?', "Ob, yes; but, aft; that is nothing-you may easily have heard or read all about that."'•Well» but cap'n, once more; don't you remember the big nigeer that was almost cutting you down?. Don't you remember the man who stoodybetween you and Death, ajna wtiaKhe got for it?. Don't you remember that ? -and.brushing back his hair, ta'e prisoner showed a> great scar down one aide of his head." ""...''

The whole Court looked on breathless, as the captain stared at the scar and the man, till Jiis eyes seemed starting from hislhead, At length, as if in a dream, the captain" muttered to himself, " Good God, is it pos'8ible?"

Then slowly and deliberately, he got out of the witness-box, and clambered out into the < docfr, where he seized the prisoner's hand, and turning to the judge said ; " My lord, this was the best man in my crew, and he saxed my,.hfe. ' • rovidence has sent .me here to save his. . He is so changed by illness and imprisonment that I could not recognise him. But there is no mistake now and if you hang the old bo'sun of the Vulture you must hang his captain with him." There followed a scene rarely witnessed in » court of justice. Amid oheers and sobs that no one cared to suppress, the judge briefly directed the jury to re-consider their verdict, which they at once did, finding a unanimous "not guilty." The prisoner was discharged, and left the dock arm-in-arm with.the captain. They were hurried into a chaise, and drawn to the inn in a triumphal procession, and after a sumptuous lunch they posted off toge&er to London. AVthey clearedthe.ancient town, Captain Qharp might have been heard addressing bis companion; Bomewhat; as follow*:—" Well, old pal, we pulled .through that busimea,

pretty well, I think. But it was a near go. That was a d d good notion of Wily Bob's to wait for the verdict before moving. We could never have touched that evidence."

"Yes," replied the innocent and longsuffering boatswain' of the Vulture ; " and if you. had .cottoned to me a minute toosoon, the old beak would have been fly to the trick. Lord, I was fit to burst when the old boy began to cry." From which brief dialogue we gather that " Captain Sharp" might have known more of the burglary than of the Vulture.

Northing more was ever heard of either of them. Such is the story of " The re-considered verdict." 'London Magazine.'