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bled at the "Galt House." The Messrs. Wilkinson and Murdaugh, as much for their protection as for the ends of justice, were privately conveyed to the jail. On Sunday Rothwell died; being very popular, his funeral was largely attended. On Monday the prisoners were brought before the police court, but on account of absence of witnesses the examination was postponed till Wednesday. The indignation of the populace in the mean time began to subside, inasmuch as the facts connected with the tragedy became more developed. The prisoners were brought before the police court at the appointed time, and, after a thorough examination into the facts, the parties were admitted to bail, to appear at the Jefferson County Circuit Court.

The papers of the day teemed with grossly-exaggerated accounts against the accused. Conceiving that they could not have a fair and impartial trial in Louisville on account of local prejudice against them, they presented their petition to the Legislature on the 19th of January for a change of venue. This petition was endorsed by the opinion o eleven of the most prominent citizens,-Tyler, Everett, Throckmorton, Riddle, Clendenning, Gray, Ward, Hite, Hill, Cochrane, and Nathaniel Wolfe. Accordingly an act was passed on the 28th of January changing the venue to the Circuit Court to be held on the 4th of March, 1839, before Judge John L. Bridges, at Harrodsburg, Mercer County, about seventy or eighty miles from Louisville.

Let us now return to Prentiss, who was then in Washington. As soon as he heard of the difficulty of his friend, Judge Wilkinson, he immediately tendered his services; this was an immense relief to Wilkinson, for he not only had unbounded confidence in Prentiss's ability, but implicit faith in his word. He therefore put himself to no further trouble about other counsel.

There is a delicate tinge of romance connected with this affair of Wilkinson's, which was most touchingly alluded to in the speeches for the defence. He was on his way to be married. On Saturday he was brimful of blissful anticipations, and before midnight he was within the walls of a dungeon; his mental suffering increased by the melancholy soughing of the wind, as it mingled with the howling of an excited populace outside. In

the brief space of a few hours his circumstances were so utterly and overwhelmingly revolutionized that he felt it his duty, in announcing this to his intended bride, to release her from her engagement. I have a vague impression in my mind that some of the family informed me that her reply to Wilkinson was just such an one as would be expected from a true woman. She wrote him a letter full of devotion, and closed it with those saddest and sweetest lines ever penned by the poet Moore, in which he expresses the feelings of the daughter of Curran for the doomed Robert Emmet:

แ "Come rest in this bosom, my own stricken deer,

Though the herd has fled from thee, thy home is still here.

Here still is the smile that no cloud can o'ercast,

And the heart and the hand all thine own to the last.

Thou hast called me thy angel in moments of bliss,

Still thy angel I'll be mid the horrors of this;

Through the furnace unshrinking thy steps I'll pursue,
And shield thee, and save thee, or perish there too.

Oh, what was love made for if 'tis not the same

Through joy and through sorrow, through glory and shame?

I know not, I ask not, if guilt's in that heart,

I but know that I love thee whatever thou art."

Wilkinson went to see her, and with true manliness urged that the wedding be postponed till after the final trial; she, or the other hand, with true womanly devotion, insisted that the ceremony take place without delay. They were, therefore, married, and he brought his bride to his Mississippi home, there to await the coming event.

The circumstances I am now about to relate were given me by my dear friend, Robert Cox, of Jefferson County (over whose remains the sod is even now very fresh); he heard them from Judge Wilkinson himself, and they are, substantially, as follows: Wilkinson, relying upon Prentiss's promise, had gone to Louisville three or four days before the day appointed for the trial to meet him; day after day passed and Prentiss came not. (It will be remembered that just at this time he was thundering his anathemas upon the head of the Speaker on account of his gross partiality.) Great was Wilkinson's anxiety, the more especially as Ben Hardin, the Achilles of the Kentucky bar, had been

engaged to prosecute. He feared Hardin's power over a Kentucky jury. The agonizing question would arise, Could it be possible that his life-long friend was now to trifle with his safety? He could not sleep as the precious hours passed by, and the time, that could not be put off, drew nearer and nearer. Such was his state of feeling when, at about nine o'clock of the night before the morning on which it was absolutely necessary he should start for Harrodsburg, a gentleman came in and reported that a boat was coming down the river, and that either a fight or a frolic was taking place aboard of her.

A crowd met the boat as she landed, in order to discover what was the matter. They soon learned that there were aboard a number of members of Congress, “Quoram pars Prentiss fuit,” on their homeward-bound journey. These disembarked and adjourned to the "Galt House," where their revelry continued till the " wee sma' hours." All this while Wilkinson was in an agony of suspense, for he had sent for Prentiss, who replied that he was engaged. It is needless to say that there was not much sleep that night for Wilkinson. The next morning he arose very early and met Prentiss, looking perfectly fresh and buoyant. They passed the usual compliments of a hearty greeting, but, to his (Wilkinson's) surprise, Prentiss made not the slightest allusion to the great tragedy. After they had breakfasted they, in company with Judge Chambers, got into a hack and started for Harrodsburg. When they had gotten a little way out from Louisville, Prentiss settled himself back in his seat and gravely said, "Now, Wilkinson, tell us all about the affair."

Wilkinson, himself a good lawyer, and accustomed to sift and sum up evidences, told the story from beginning to end, giving the names of the witnesses and what they had testified to before the examining court, etc. Every now and then Prentiss would ask a question in order to bring out some more important fact, and thus, said Wilkinson, "for the first time Prentiss learned the particulars of the case upon which hung suspended my life and liberty."

A very ludicrous incident occurred at the tavern where they stayed all night. The landlady of the house was, to say the least, a queer woman. As she sat at the head of the table she

began with Wilkinson,-"Stranger, what will you have, tea or coffee?" Turning to Judge Chambers, she continued, "Individual, what will you have, tea or coffee?" Eying Prentiss askance, "Little short man, what will you have, tea or coffee?" This caused a burst of laughter, and no one enjoyed the joke more than Prentiss himself.

In the mean time, while these gentlemen were approaching Harrodsburg, the court had assembled, Judge Bridges presiding. The counsel for the prosecution applied for time to collect their witnesses. This was taken under advisement till the next day, the 5th. Upon resuming the bench on the 5th, the court set the case for the next Monday. The intermediate time was spent both by prosecution and defence in gathering up their witnesses, and therefore when the court met on Monday, the 11th of March, both parties were anxious for the trial, but it was intimated, however, that Judge Wilkinson was not present, and would not be in town before eleven o'clock, inasmuch as information had been received that he had been compelled to await a few hours in Louisville for an important witness. The court suggested a recess until that hour. Judge Rowan here begged leave to withdraw a motion as to the order in which the counsel were to speak. That matter having been settled by the counsel, the court assented to this. Judge Rowan then announced that the prosecuting attorney would open, Colonel Robertson would follow for defence, Mr. Hardin would follow for the State, and he, Judge Rowan, follow for defence, and the prosecuting attorney conclude.

Just before the recess was declared, Judge Rowan intimated that on Judge Wilkinson's arrival, should any contingency arise rendering it important to the defence to make any change or addition of counsel in the order of speaking, he wished to make a reservation in favor of such change or addition. This was understood to allude to Mr. Prentiss, as it was probable he had been employed and would arrive with Judge Wilkinson. Hardin said he made no concessions on that point. The court intimated that this was a matter of arrangement between counsel, and so the matter dropped.

At twelve o'clock Judge Wilkinson arrived in a hack, accom

panied by Mr. Prentiss and Judge Chambers. They drove to Dr. Graham's, where Wilkinson's friends were stopping. When Hardin saw Prentiss alight from the hack he tersely remarked, "I know now what I've got to meet."

The court met at half-past one o'clock. Judge Wilkinson, Dr. Wilkinson, and Mr. Murdaugh were recognized to save their bail. After the sheriff had called the jury panel the court asked the defence "whether they were ready to proceed."

Judge Wilkinson stood up and said, "I wish, sir, S. S. Prentiss to be called as one of my counsel."

Mr. Prentiss was called but did not answer.

"Do you know, Mr. Wilkinson, where the gentleman now is?" observed the court.

"I do not," replied Judge Wilkinson, "but a person has gone for him."

After waiting for about a half-hour for Mr. Prentiss it was suggested to call the jury. This was done. When it was through, and before the reading of the indictments, Judge Rowan arose and asked permission to introduce Mr. Prentiss, of Mississippi, a practising lawyer, at the head of the bar in his own State, who now asked leave to practise in this court for the purpose of aiding in the present defence. The court assented on Mr. Rowan's statement, and Prentiss was sworn in. The names of the jurors were Benjamin Alsop, R. M. Davis, Buckner Miller, Robert Alexander, John Bowman, John Burton, Elijah Gabbott, John Bohan, John Adair, Elincazer McGoffin, Charles Humphries, and Jacob Vanarsdall.

The clerk read the two indictments, couched in the usual technical language, the one charging the prisoners with the murder of John Rothwell, the other charging them with the murder of Alexander Meeks. The State then began the examination of witnesses for the prosecution, beginning with Redding, and examining sixteen others seriatim on the facts. The defendants examined seventeen as to facts, and four to prove their peaceable character and reputation. The testimony was closed on the third day, and the court took a recess for dinner.

By one o'clock the court-house became crowded to excess, not less than a thousand well-dressed, respectable persons being

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