For about a year and
a half after the organization of the county, the court was
held in a room, rented for that purpose, of Leonard Jewett
and Silas Bingham. In 1807-8, a hewed log court
house was erected, very near the spot where the present one
stands, in which the courts were held for about ten years.
This temple of justice must have been a pretty substantial
structure, if its chimney, described in the following
extract from the records of of the county commissioners may be
taken as a "specimen brick:"
"September 7, 1807. The commissioners
proceeded to adopt the following plan for a chimney in the
court house in the town of Athens, to wit: The
foundation to be laid with stone, one foot below the surface,
the remainder to be of brick, to be well laid in good lime
mortar; one fire place below and two above - the fire place
below to be four feet clear in the back, twenty-two inches
deep, and five feet four inches wide in front, to be secured
by a bar of iron the size of a common flat bar, and secured
with a sufficient bolt let into the discharging piece - the
bolt to be secured by a fore lock and key, the bolt about one
foot and five or six inches in length, and the discharging
piece six inches thick. The fire places above to be each
eighteen inches back, and built proportionably with the rest
of the chimney, which is to be raised three feet above the top
of the building; the upper fire places to be well coated, and
the whole to be completed, including the hearths, in a
workmanlike manner, on or before the 20th day of November
next; which (contract) being put up at public sale, was struck
off at seventy-eight dollars."
The resources of the settlement being very limited,
this same building was used also for a school house, and
meeting house. In the records of the county
commissioners we find the following entry:
"December 7, 1811. - Resolved, by the
commissioners, that from and after this date, the court house
in the town of Athens shall not be used as a school house or a
meeting hosue, unless the inhabitants of said town shall agree
to furnish, for the sue of the court, during the time of its
session, a sufficient quantity of fire wood, ready cut, fit
for the fire; also to keep the house in as good repair as it
now is, and keep the same well swept during the sitting of the
court; and that the clerk notify the inhabitants as aforesaid,
by advertisement posted on the court house door."
Perhaps the school teacher was careless about shutting
the door at night, and probably school boys, in those days,
like other boys before and since, were not scrupulous about
keeping the floor clean; for the next entry on the subject is
as follows:
"June
2, 1812. - The board appointed Ebenezer Currier a
committee to see, on condition the court house is used as a
school house, that the door of said house be kept shut
whenever the house is not occupied, every night, and that it
be kept clean; also, that a sufficient quantity of fire wood
be constantly kept for the court and commissioners, and that
the house be left in as good repair as when entered upon."
And, finally, on this head, it was ordered, December,
8, 1813:
"That the court house shall be no longer used as a
school house, and that Henry Bartlett be a committee to
take care of the same, and have said house repaired by the 1st
of January next."
"June
8, 1814, it was Ordered, that the north and east
sides of lots Nos. 35 and 37, on which the court house and
jail now stand, be fenced with good, sawed, white oak palings,
of five feet in length, the posts to be of black locust, four
by five inches square, and six and a half feet long, the rails
of good white oak,,,, and the panels ten feet long, with a
small gate before the present court house door, and a gate of
ten feet wide near the north east corner, fronting the east."
Caleb Merrit and Joseph B. Miles were
appointed a committee to carry the above resolution into
affect.
The old hewed log court house was the one in use while
Thomas Ewing was attending college at Athens, and he was,
doubtless, a frequent visitor here. Here he probably
gained his first familiarity with judicial proceedings, and
acquired his earliest knowledge of the workings of the law.
The practitioners at the Athens bar of that day, if they
noticed an unsophisticated youth, on a back seat, intently
listening to their professional efforts, little imagined that
that youth would live to become one of the greatest expounders
of the law our country has yet produced, and to ornament some
of the highest positions in the land.
Proposals for a new court house (the one now in use)
must have been published in the spring or early summer of
1814, for in the proceedings of the meeting of the county
commissioners, held August 1, of that year, present, Asahel
Cooley, Caleb Merrit, and Robert Linzee, it is
entered:
"Proceeded to sell, to the lowest bidder, certain
articles, agreeable to advertisement, to be furnished for the
erecting of a court house, viz: to Ebenezer Currier,
twelve hundred feet of black walnut boards, one and one-fourth
inches thick; one hundred feet of poplar boards, one and
one-half inches thick, and five hundred feet, ditto, one and
one-fourth inches thick - to be delivered on the court house
lot, piled up properly for drying, and to be delivered on or
before the 1st day of January next. To Edmund Dorr,
twenty perch of rough stone, for the foundation - to be laid,
according to advertisement, before the 15th day of November
next."
The following entries, copied from the old records of
the county commissioners, mark the progress and history of the
present court house:
"November
16, 1814 - Ordered, that the wall for the
foundation of the court house be six inches thicker than
described heretofore, and that the same be laid in mortar of
lime and coarse sand, and that such further compensation be
allowed to Edmund Dorr, contractor for the same, as
masons shall adjudge."
"December 5, 1814 - County of Athens, to
Joseph B. Miles, Dr.,
To 1,925 feet of boards and
scantling,...............$19. 25
Hauling same from mill
................................$ 3.00
Drawing plan of court
house ........................$ 1.00
"December 6, 1814 - Ordered, that the clerk
notify, by advertisement, set up in three public places in
Athens, the furnishing of three ranges of cut stone, two feet
wide and nine inches thick, to be well laid in lime mortar;
also the furnishing of one hundred thousand good merchantable
brick, to be delivered on the court house lot by the 1st day
of August next. Proposals will be received by the
commissioners, in writing, at their meeting, on the second
Monday in January next."
"February 1, 1815 - The commissioners met for of
consulting as to the practicability of proceeding in building
the court house."
It was decided to proceed, and at their meeting, March
7th, the clerk was directed to
"Advertise in the American Friend, for
furnishing brick and stone in amounts as aforesaid; proposals
to be received by the commissioners, at the court house, on
the second Monday of April next, from 10 a.m. to 4 p.m., on
said day."
"April
10, 1815 - The commissioners met for the purpose of
contracting for the furnishing of cut stone for the court
house; also of one hundred thousand brick for the same.
After having received the proposals of Elijah Hatch, Esq.,
and Edmund Door, for furnishing brick, and of
William Dorr, William Alcock, and Jonathan Amlin,
for furnishing and laying cut and hewed stone," the board
adjourned till next day.
"Tuesday, April 11 - Proceeded to receive bonds of
William Alcock and Jonathan Amlin for the stone
work, and agreed with them for the sum of three hundred
dollars, payable October 1st, next. Proceeded also to
take bonds from Edmund Door, for the furnishing of one
hundred thousand brick for the court house; amount of said
contract, six hundred dollars, in county orders, on the
completion of the contract."
June 7, 1815, the clerk
was directed to advertise for materials, and making doors and
window frames; also for sleepers, joists, and rafters, and for
framing timber for floor, laying the brick, etc.
"July 17, 1815 - The commissioners proceeded to
contract as follows: with John Havner, for laying
up the brick walls of court house, five hundred dollars; with
Abel Stedman, furnishing timber, framing cupola, etc.,
two hundred and seventy-four dollars; and with Elijah Hatch,
for shingles, sixty-seven dollars."
"September 5, 1815 - Agreed with John Porter,
he being the lowest bidder, for the following jobs of work,
viz: putting a cornice round the court house, at fifty cents
per foot; also boarding the roof of the same, for the sum of
twelve dollars; and shingling the same at the rate of one
dollar and twenty-five cents per thousand, and at one dollar
for each hip."
"September 6, 1815 - The board appointed
James Gillmore superintendent, to oversee the superintend
the building of the court house, and to call on Charles
Shipman and J. B. Miles to assist him at any time
when required."
September 26, - Resolved by the board, that the
sum of four hundred dollars be borrowed from the Bank of
Marietta, for the purpose of paying for the stone work on the
court house, including window sills, etc., and for the purpose
of purchasing nails; and that an order issue for the said
amount, payable to Asahel Cooley, and that the same be
sent by William Skinner, and deposited in the Bank of
Marietta, for the purpose of obtaining the sum aforesaid."
"September 27, - Busy in making arrangements for
the building of the court house, and making proposals to the
trustees of the court house, and making proposals to the
trustees of the Ohio university for the loan of one thousand
dollars."
"Thursday, 28 - Agreed with the trustees of the
Ohio university, for a loan of one thousand dollars, for one
year, at six per cent, interest."
"Friday, 29 - Resolved, That Robert Linzee
and James Gillmore be a committee to examine the mason
work of the court house, when finished, and receive the same,
and also to ascertain the number of brick in said building."
The laying of the brick was finished in October,
1815, and John Havner received his pay in full, viz:
$500, as per contract.
"Wednesday, December
6, 1815 - Resolved, by the commissioners of the
county of Athens, That, in consideration of a subscription by
sundry individuals, viz: Josiah Coe, Cephas Carpenter, Mary
Ann Ackley, Lydia Ackley, James Gilmore, Jacob Dumbaugh, John
Johnstone, Enos Thompson, David Pratt, Daniel Stewart, Joseph
B. Miles, Henry Bartlett, Robert Linzee, Charles Shipman,
Ebenezer Currier, Eliphaz Perkins, Chauncey F. Perkins, Alvan
Bingham, Amos Crippen, John Porter, James J. Fuller, James
Session, Silas Bingham, John White, Abel Stedman, Eliphaz
Perkins, jun., S. S. Johnstone, John Havner, Thomas Armstrong,
Seth Child, Asahel Cooley, Thomas McClelland, and
Arthur Coates, amounting to $506, to be paid into the
county treasury to assist in building the court house in said
county, and this day presented by a committee appointed for
that purpose by the subscribers; the commissioners do agree
that the subscribers and their associates have the privilege
of holding meetings for religious purposes, on the Sabbath and
other days, for eight years from the first day of January,
1816, when it shall not interfere with the county business,
upon condition that $500 of the above-named subscription to be
paid to Henry Bartlett on or before the first day of
March next; and that each subscriber, on his paying the sum
subscribed by him, shall receive a receipt for the same, to be
refunded in eight years, without interest; and provided
further, that if the said sum of $500 is not paid in by the
time specified, then it shall be optional with the
commissioners to refund the money or continue the privilege,
and if they should not continue the privilege, then the money
is to be refunded. And it is also understood that the
aforesaid sum of $500 be appropriated for finishing the lower
room of the court house, if the whole of said sum be
necessary. The following form of receipt shall be given
by Henry Bartlett, clerk of the commissioners, for the
purposes aforesaid: 'Received of A. B. the sum of ___,
which is to be refunded to the said A. B., or his heirs or
assigns, at the end of eight years from the first day of
January, 1816, out of the county treasury, without interest.'
"January 6, 1816 - It is agreed by the
commissioners and Joseph B. Miles, that the said Miles
furnish the glass and oil for the court house, and that, after
deducting the amount of said Mile's subscription from the
articles, the balance be paid him, on delivery thereof.
"Same day. - "Agreed with John Walker
for making the sash for the lower and upper rooms of said
court house, priming the same, and setting the glass, and
fitting the sash in the frames, at ten cents per light -
materials to be furnished by the commissioners. Also,
agreed with John Walker for laying the lower
floor, at $4.50 per square. The above contracts to be
completed by May 1, 1816.
"Agreed with John Porter for finishing the upper
part of the cupola, from the cornice up (including cornice),
putting up rafters, boarding and shingling roof, putting on
timber, with a ball agreeable to a plan this day exhibited, to
be completed by May 1st, 1817. Also agreed with John
Porter, finishing and building the stairs for the sum of
$60; the banisters to be mortised into the hand-rails and
string board, and completed in a workmanlike manner.
[Time for completing the above contracts extended to
the 1st day of September.]"
* *
* *
* *
* *
* *
*
Same date. - "WHEREAS, Robert Linzee and
Asahel Cooley, have loaned the corporation
of the Ohio university, the sum of $1,000 for
the sue and benefit of the county of Athens, in
building the court house; therefore, be it
resolved, that so much of the tax of his present
year be appropriated for the benefit of said
Linzee and Cooley, as will satisfy said sum
and interest.
Same date. - "Resolved. That James
Gillmore and Henry Bartlett, be a
committee to receive bonds of the several
contractors on the court house, and that the
said Gillmore and Bartlett, be a
committee to dispose of the $1,000 borrowed by
Asahel Cooley and
Robert Linzee, for the use and benefit of Athens
county, which sum said committee are directed to
apportion among the different contractors who
have heretofore filled their contracts on said
building in proportion to their claims, after
deducting therefrom six per cent.
June 13, 1816 - Agreed with John Walker,
for completing the following jobs or parcels of
work: finishing the judges' seats in the court
house agreeably to the plan, twenty panels in
front, with bed moulding and capping for a
cornice; five panels of each side of the bar,
nine in front; two sheriffs' boxes; two tables
for the bar, and clerk's seat, agreeably to the
plan; after furnishing thereof, the same to be
adjudged by Messrs. Corp and Shipman, and
the price determined by them; also agreed with
same for making finishing, and hanging the three
outside doors of the court house, and casing the
jambs."
"June 25, 1817 - Resolved - That the
superintending committee be authorized to employ
John
Bowman to paint the roof, cupola, etc., of the court
house.
The foregoing extracts from the old county
records include nearly every entry relating to
the court house, and quite fully represent the
history of its erection. The building was
about completed during the autumn of 1817, and
has been in continuou8s use ever since. It
has underground changes and repairs both
inside and outside, but much of the original
work stil remains - an evidence of the honesty
and fidelity with which the mechanics of those
days labored. It is an antiquated and most
unornamental building, and must ere long to give
way to a finer structure; but, perhaps, the
walls of its successor will never echo the
voices of greater men or better lawyers than
have plead within the old court house.
The first resident lawyer in Athens and Artemus
Sawyer, a young man of high literary and
scholastic attainments, who arrived in 1808.
In 1810, he was appointed prosecuting attorney,
and acted as such for a few years, until he fell
an early victim to habits of intemperance.
E. B. Merwin, of Lancaster, acted as
prosecutor before Sawyer, and was one of
the principal practitioners of this period at
the Athens court.
Gen. Philemon Beecher, and Wm. W. Irwin, of
Lancaster, were also regular attendants.
William Woodbridge, of Marietta, practiced
here until his removal to Michigan, where he
became governor, senator, etc. The
Hon. Thomas Ewing attended the courts in Athens county
very constantly for several years, after his
admission to the bar, as did also the late
Samuel F. Vinton, who took up his residence
in Gallipolis about 1817. Mr. Vinton
represented this district in Congress for
twenty-two years.
Gen. Goddard, of Zanesville, also practiced here for
several years, commencing about 1818.
The Hon. Henry Stanbery came in a little
later, but practiced for several years in the
Athens courts, and his maiden speech was
delivered in the present court house.*
Messrs. Hocking H. Hunter, Brazee, and
Nash must also be added to the great lawyers
who practiced here. Gen. Dwight Jarvis,
who resided and practiced here about five years,
from 1825 to 1830, was the second resident
lawyer, not reckoning Joseph Dana, then a
professor in the university, who though never
fairly engaged in the practice, attended to a
few cases, at intervals, when not occupied with
teaching. At a somewhat later period, the
late Judge Arius Nye, of Marietta, was
among the most constant and faithful attendants,
from abroad, at the Athens bar. Since
about 1832, there has been no lack of resident
lawyers (some of them of marked ability), and
the attendance from abroad has been less
frequent; in fact, of late years,, non-resident
lawyers are seldom seen here. The resident
lawyers at the present time are Messrs.
Grosvenor & Dana, Messrs, de Steiguer & Jewett,
Messrs. Browns & Wildes, Messrs. Golden &
Townsend and Robert E. Constable.
Grand Juries from 1805 to 1815.
The
first grand jury that ever sat in the county, was drawn in
November, 1805, and was composed as follows:
John Dixon, John Hewitt, Samuel Moore, John Corey,
Peter Boyles, Jeremiah Riggs, Canaday Lowry, William Howlett,
Robert Fulton, Alvan Bingham, Josiah Coe, Philip M. Starr.
March Term, 1806 - Alvan Bingham,
Hopson Beege, John Thompson, Silas Dean, John Lowry, Josiah
Coe, Daniel Stewart, Robert Fulton, Baruch Dorr, Edmund
Dorr, Peter Byoles, John Corey, Benaziah Simmons.
July Term, 1806 - Alvan Bingham, John Havner, David
Pratt, Reuben Hurlburt, Jacob Boyles, Moses Bean, Canaday
Lowry, Alexander Fulton, George Wolf, Joseph Brooks, Abraham
Shidler, John Corey, Peter Boyles.
November Term, 1806. - Jehiel
Gregory, Silas Dean, Samuel Humphreys, Thomas Sharp, William
Howlett, Ignatius Thompson, Trueman Hewx, Michael Barker,
Amos Thompson, William Weir, Phineas Allen, Benaziah
Simmons, Silas Bingham.
March Term, 1807 - Hopson Beebe, Archibald Stewart,
William Brooks, Alvan Bingham, Christopher Wolf, John
Thompson, Jared Bobo, John Steele, Abram Pugsley, Josiah
Waters, John Miller, John Hewitt, Jason Rice, Jehiel
Gregory.
December Term, 1807 - Stephen Pilcher, Joseph
Seamans, Obadiah Walker, Benjamin Davis, Jason Rice, John
Corey, James Crippen, John Thompson, Jesse Halsey, Nathaniel
Williams, John Brooks, Aaron Young, Simon Speed, Jehiel
Gregory, Roswell Culver.
April Term, 1808 - George
Seamans, Samuel Beaumont, Elijah Pilcher, Joshua Wyatt,
Eleazar Penrod, Nehemiah Gregory, Uriah Tippee, John
Simontown, Samuel Russell, Charles Harper, David Chapman,
Baruch Dorr, Azel Johnson, Leonard Jewett.
August Term, 1808 -
John Thompson, Moses Bean, Charles Harper, James Pilcher,
David Boyles, John Walker, Ebenezer Currier, William
Woodward, Caleb Merritt, Edmund Dorr, John Kelso, Jacob
Wolf, John Lowry, William Gabill, Elijah Pilcher.
December Term, 1808 - Amos Thompson, Daniel
Stewart, Joseph Fuller, Charles Rice, William Howlett,
Robert Palmer, John Brown, Jacob Boyles, Peter Boyles, Wm.
Barrows, John Abbot, Simeon Cooley, Josiah Coe, Peter Grow.
April Term, 1809 - Nathan
Woodbury, Azel Johnson, Wm. Peane, Thomas Armstrong, Wm.
Harper, Isaac Stanley, Robert Linzee, Othniel Tuttle, Daniel
Weethee, Jacob Cowdry, Isaac Barker Joshua Wood, Arthur
Coates, John Brown 2d.
August Term, 1809 - Leonard
Jewitt, Martin Mansfield, Reuben Davis, William Rabb, Caleb
Merritt, Daniel Stewart, Wm. Howlett, Wm. Weir, Samuel
Coleman, Levi Johnson, Thomas Armstrong, Jacob Humphrey,
Stephen Buckingham.
December Term - 1809 - Jehiel
Gregory, George Walker, Jason Rice, Zebulon Griffin,
Jonathan Watkins, Wm. Burch, Elijah Pilcher, Joseph Pugsley,
John Armstrong, John Johnstone, Samuel Luckey, Martin
Mansfield, Amos Thompson, Wm. Howlett, Eli Reynolds.
April Term, 1810 - John Brown,
Benjamin Davis, Abraham Pugsley, Josiah True, Wm. Brown,
Seth Fuller, Peter Phillips, Joshua Wyatt, Amos Crippen,
Arthur Coates, Wm. Harper, Samuel Moore, John McKee, Eli
Reynolds.
August Term, 1810 - John
Corey, Arthur Coates, Daniel Weethee, Eli Reynolds, Abel
Mann, James Crippen, Solomon Munroe, Charles Harper, Jarret
Bobo, Joel Lowther, Jacob Cowdry, John Thompson, Jarret
Jones, Joshua Wood, Elijah Pilcher.
December Term, 1810 - Jehiel
Gregory, Joseph Guthrie, Charles Harper, Levi Stedman, James
Armstrong, Isaac Wood, Wm. Burch, Joseph Fuller, Nathan
Woodbury, Baruch Dorr, Samuel Luckey, Jabez Cooley, Silvanus
Ames, Bernardus B. Lottridge, George Barrows.
April Term, 1811 - John Brown,
Isaac Stephens, Caleb Meritt, Wm. Brown, Robert McKinstry,
Henry Barrows,, John Bowman, Abram Pugsley, Nicholas
Phillips, Samuel Coleman, John Phillips, Moses Bean, John
White.
August Term, 1811 - David
Simontown, John Wright, Elisha Alderman, Robert Palmer,
Christopher Herrold, George Ewing, Jonathan Watkins,
ISaac Havner, Isaac Wood, Edmund Dorr, Elijah Pilcher, John
Abbot, Aaron Young, Moses Kay.
December Term, 1811 - John Phillips, Josiah Coe,
Jeremiah Shumway, Thomas Armstrong, Arthur Coates, Thomas
Sharp, John White, Nehemiah Davis, Othniel Tuttle, Job
Phillips, Wm. Burch, Augusting Webster, John Irwin, John
McKee, Robert Lowther.
April Term, 1812 -
Silas Bingham, Henry Barrows, Frederick Tubbs, Ebenezer
Barrows, Martin Mansfield, John Symmes, Christopher Herrold,
Jacob Cowdry, Abel Mann, Wm. McKinstry, Joel Cowdry, Enos
Thompson, John Corey, Levi Johnson, Edmund Dorr.
December Term, 1812 - Christopher Wolf, John
White, Daniel Weethee, Nathaniel Williams, Hopson Beebe,
John Corey, David Pratt, Edmund Dorr, Reuben J. Davis
Jeremiah Riggs, Joseph Guthrie, Arthur Coates, Martin
Mansfield, Stephen Pilcher, Charles Harper.
April Term, 1813 - Alvan
Bingham, Hopson Beebe, Charles Harper, Edmund Dorr, Arthur
Coates, John Connor, Alexander Stedman, Barnet Brice,
Eliphalet Case, Eliphalet Wheeler, George Barrows, Daniel
Muncie, Alvan Bingham, jr.
August Term, 1813 - Stephen
Pilcher, Charles Harper, Peter Grow, Joshua Selby, Ezra
Green, B. B. Lottridge, Jacob Barker, Samuel Dailey, Abel
Miller, DAvid Pratt, Robert McKinstry, Seth Fuller, Abel
Glazer, Jason RIce, Caleb Merritt.
December Term, 1813 - Alvan Bingham, Robert
McKinstry, Thomas McClellan, John Brown, John Holmes, John
Brooks, Conklin Buckley, Enos Thompson, seth fuller, Jehiel
Gregory, Peter Boyles, Elisha Hulburt, Henry O'Neal.
September Term, 1814 -
Stephen Philcher, John Bowman, Samuel Luckey, Wm. Dorr,
Joseph McMahan, George Walker, Elihu Francis, S. P. Standiff,
Elijah Pilcher, John McKee, Arthur Coates, Abel Mann, Luther
Danielson, Jonas Smith, Wm. McKinstry.
January Term, 1815 - George Ackerly, Justus
Reynolds, Jonathan Watkins, Robert McKinstry, Wm. Johnson,
Wm. Buffington, Wm. McKinstry, George Barrows, Azel Johnson,
Joseph Fuller, Obadiah Walker, Nathan Nye, Jacob Kimes,
Josiah Coe.
June Term, 1815 - Josiah Coe, George Reeves,
Ezekiel Worthing, David Ducher, John Brooks, JAcob Humphrey,
Cephas Carpenter, Isaac Pierce, Charles Devol, John Walker,
Asahel Cooley, James Gillmore, John Abbot, John Bowman,
Elijah Pilcher.
(Source: History of Athens County, Ohio - CINCINNATI:
ROBERT CLARKE &
CO.
1869)
---------------
NOTES:
* Mr. Stanbery, in response
to an inquiry addressed to him by the writer, touching the
correctness of the tradition that his "maiden speech" was
delivered here replied:
"The 'tradition' is correct. I was admitted to
the bar at Gallipolis, in May, 1824, and made my first jury
speech at Athens in the following June. The case was of a
character (in bastardy) and the evidence so broad as not to
admit of publication. It involved some nice questions as
to the period of gestation, etc., with which, of course, I was
not at all familiar; so that I can very truly say that this was
my 'first great cause least understood.' I did, however,
succeed in making one point which had a telling effect on the
jury. The defense was mainly placed on an attempt to
impeach the veracity of the mother of the children (for they
were twins); I appeared for the mother, and she was the only
witness to fix the paternity of the boys on the defendant.
I argued to the jury that our case was sustained by three
witnesses. The counsel for the defense promptly
contradicted this assertion, appealing to the jury that the
mother was our only witness. I replied that it was true
that the mother was the only witness who had testified under
oath, but that her testimony was fully corroborated by that of
the twins themselves - calling the attention of the jury to
certain points of resemblance which they bore to the defendant,
and quoting the well known line, "o, holy nature thou dost never
plead in vain.' So it turned out in this instance, for the
silent testimony of the twins carried the case."
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