that I had not seen Hemmings since he took the ear-rings until I
had him arrested; I did not arrest him right away, because I was sick;
the ear-rings were not mine, they belonged to Mr. Lynch; I borrowed them
from Mrs. Lynch.
Mr. Howe: What was your name when you became acquainted with Hemmings?
Mrs. Bethune: Eliza Garrett.
This closed the case for the prosecution, and Mr. Howe, for the defense,
called Dr. J. Kennedy, who testified as follows:
I am a physician, and reside in East Tenth street in this city; I have
seen the prisoner before. In October last, I saw him in a house in East
Fourth street.
Mr. Howe: What were you doing at that house?
Dr. Kennedy: I was attending a lady there, professionally.
Mr. Howe: Would you know that lady again?
Dr. Kennedy: I should.
Mr. Howe (to Mrs. Bethune): Madam, will you oblige me by standing up and
raising your veil?
The lady complied with Mr. Howe's request, and amidst breathless silence
Mr. Howe, addressing Dr. Kennedy, said, "Doctor, is that the lady?"
Dr. Kennedy: It is. (Flutter in the court-room.)
Mr. Howe: How many times did you visit her?
Dr. Kennedy: Eight or ten times.
Mr. Howe: Was Hemmings in the room with her?
Dr. Kennedy: He was. (Sensation.)
Mr. Howe then applied for attachments against two witnesses who had been
subpoenaed to prove that Mrs. Bethune had been at the Whitney House and
the Washington Hotel with Hemmings, but Judge Russel declined to grant
any time, and peremptorily ordered Mr. Howe to proceed with his defense
to the jury.
Mr. Howe then arose and addressed the court. He said:
Gentlemen of the Jury: I approach the consideration of this case with
some degree of embarrassment, which is necessarily forced upon me, from
the fact, that whilst discharging, as I shall endeavor to do, to the
best of my ability, my duties as an advocate to the young man accused of
this larceny, I regret that I am called upon to animadvert in terms of
censure and reproach, upon one who leaves a name which is dear and
hallowed to us all--the originator of our being--a name that we all
revere and respect when we view it in the beauteous and lovely purity
which is thrown around it. But I think, gentlemen, it is not unfair when
that name is divested of its purity, and becomes shrouded with that
which is base and vile--when the guard which we naturally and
intuitively throw around it is dispelled, and, instead of the beauteous
statue of monumental a
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