Mr.

was happy and contented with its natural protectors, on the day of its abduction. The measures taken by Bright to recover the child, prove that he acted with humanity, and that he felt a deep interest in its welfare. His statement is confirmed in every material fact, by the testimony of Samuel E. Sewall, and E. G. Loring, Esqs., Rev. Mr. Snowden, and the Misses Parker.

Mr. Loring states some additional facts, from which it would seem, that a plan was deliberately laid by the defendants and others to get this child into their possession; that they deceived even him as to the age of the child. The advice which Mr. Loring gave to them, is no apology nor justification in law for the abduction.

It appears, then, that they got the child into their possession, and that on the next day persons came to the house in their absence and took it away. Now it does not appear that the defendants expressed surprise at this fact, or were dissatisfied with it, or that they took any pains to recover the child. And in no subsequent interview with Mr. Bright, did they pretend, or have they ever pretended, that they were ignorant where it was. Hence, if this abduction was the effect of a conspiracy, and the defendants were conspirators or accomplices in the act, they are accountable for the offense. If they took this child and carried it away and have kept it in secret, they are responsible for it in law. If they did the act deliberately, the legal presumption is that they intended to confine it against its will. Having inveigled the child into their possession, they are bound to account for the act, and to show that it was for an honest and lawful purpose. For the act of seizing a person and detaining him is prima facie, unlawful, and the burden is on the party accused and proved to have taken and detained him, to satisfy the jury that he had right so to do, and that the person was not confined against his will. To show that the defendants were free from an evil intent, and that they acted on the high principles of humanity and benevolence, witnesses have been called to prove

that the defendants have borne a good character. Now, gentlemen, if the deed is satisfactorily proved to have been committed by these defendants, their former good character is not to avail for their acquittal, although it may speak much in mitigation of their punishment, especially if, by hastening to restore the child, they should acknowledge their fault. For it would be contrary to all the maxims of law, that because a man has once borne a good character, he should not be answerable for a deliberate offense. Besides, it should be recolleted that all evil examples, especially the worst, proceed from the good, and are for that cause, so much the more dangerous.

You are to judge of the act done, and of the intent of the actors. It is admitted that the defendants carried off the child on the 7th day September last, from its natural protectors-they have kept it in secret confinement to this day and they have refused, in this court, to account for it to you, their legal and equitable judges, or to produce it and place it under the protection of the law. Is it alive or dead-is it in sickness or health-is it in the hands of the humane-or exposed to neglect, to want, and in the road to moral ruin and to an early grave I am free to instruct you, that I consider that the defendants are bound in law to produce this child, and to place it under the protection of the law. Hitherto they have set their own will above the law. It is for you to say, on your responsibility whether they are guilty or innocent of this offense.

It is your province to decide from the act done, and the manner in which it was done, with what intent this child was abducted by the defendants; whether to confine it secretly in this state, or to subject it to service, or to send it. out of the state, against her will. You may be of opinion, that it was done innocently and without an unlawful intent in which case you will acquit the defendants. From the fact, from the time the child was taken, to the present moment, it has been kept in secret confinement, away from its natural friends and protectors, and without their knowl

edge, and that the defendants now refuse to put it under the protection of the law, you must judge of the act done, and of the intent of the actors at the time. You are constituted the judges both of the law and fact; and you must decide whether the abduction of the child and its subsequent secret detention were or not a violation of the law on which the indictment was found.

THE VERDICT AND SENTENCE.

The Jury returned a verdict that both prisoners were Guilty on the first and second counts, and Not Guilty on the other.

JUDGE THACHER sentenced them to imprisonment for four months in the common jail, and to pay a fine of two hundred dollars and costs.5

5 An appeal was taken to the supreme court, but upon request of Henry Bright, the prosecutor, and upon payment of costs-the child having been returned to Bright, and the expenses of the civil suit having been large-the commonwealth's attorney entered a nolle prosequi.

THE TRIAL OF JOHN R. KELLY, FOR THE MURDER OF DAVID W. OXFORD,

DAWSON, GEORGIA, 1871.

THE NARRATIVE.

For many weeks in the small town of Dawson, Georgia, situated in the cotton belt of that state, the coming of a show had been extensively advertised by flaming posters and newspapers. The whole country for miles around was on tip-toe with excitement, as every rural population is under such circumstances. The day came at last, and black and white, old and young, comprising almost the entire population for many miles around, assembled to witness the wonderful performance of "Col. C. J. Ames' Great New Orleans Circus and Menagerie." All went "merry as a marriage bell" for a short time. The big circus was opened, crowds of fun-seekers thronged around the ticket-wagon. A small canvas, called a "sideshow" or museum, stood to the east of the big circus canvas, but directly in the rear of and in full view of the ticket-wagon, and contained a wonderful ox, two Albino women, monkeys and other wonders, all to be seen for only twenty-five cents. About two o'clock, while persons were passing in and out of this side-show, and while the whole place upon which the show was held was filled with people in hurry and excitement, going to the wagon to purchase tickets, and from thence into one or the other of the shows, or from one show to the other, and to and fro generally, a difficulty commenced at the door of the side-show.

William R. Russell, with his wife and children and his brother-in-law, Oxford, had bought tickets and as the party passed into the tent the doorkeeper said there were not tickets enough for the lot, and a dispute ensued. About the same time John Kelly, who was also going in with another party,

asked the doorkeeper to let him pass in for a moment to see a man who was in the tent. The doorkeeper refused, high words ensued; there was pushing and jostling and excitement in the crowd, few of whom knew at all what the commotion was about. Soon pistols were drawn by the ticket seller and by John Kelly and his brother, Charles. Colonel Ames being in the ticket wagon, in full view of the door of the side-show, got out of the wagon, and went to the scene to suppress the row. Soon after he reached the door, a pistol was fired, which was soon followed by other shots in quick succession, until, according to the testimony of witnesses, some eight or ten shots were fired. Ames and the showman attempted to get away from their assailants, by going under the canvas of the side-show, on which was painted a picture of the big ox to be seen inside. The pistol shots created great excitement all over the grounds. Women and children who had not yet entered either show fled panic-stricken to the nearest place that promised them shelter and security. Men also ran in every direction. The performance in the big circus had only just commenced, about five hundred persons being inside. They could not see what was the matter, but they heard the shots. Many left. Some fled in such terror from the place, as to leave the conveyances in which they came behind them. Some remained in the big show and the performance went on. as he scrambled out of the tent of the side show with Mrs. Russel and some of the children was struck by a bullet and died in a few minutes. Colonel Ames was mortally wounded as he and his associates tried to get into the tent for shelter. The body of David Oxford was carried to town; the mother of the two Albino women, and another spectator, who were wounded, were taken to the hotel, where they could receive surgical aid, but Ames remained at his post for several hours, superintending and directing his affairs, when he was taken to an adjoining house and the best surgical attention given him, but he died from the effects of his wound the next day. John Kelly, his brother, Charles, and Russell were indicted for the murder of Colonel Ames. John was tried first and

David Oxford,