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the game, however, the sultan, after a moment's / Seated apart upon velvet cushions, Mustapha reflection, said: “We are about to play; so was laughing in his sleeve at the surprise which far, good; but, shouldst thou lose, what shall I awaited the assembly, and at the embarrassment gain ?"
| which would doubtless be exhibited by the zingaro. “Since your highness does me the honor of At a sign from Mustapha, the flambeaux were playing against me, I will stake all that I possess, lighted, and the room was brilliantly illuminated. this cimeter and my liberty. But what if I win?" Venetian mirrors reflected the jets d'eau which added the zingaro, folding his arms.
fell in dazzling showers into basins of green mar“ Shouldst thou win, I will give thee a slave." ble. This enchanting scene was unnoticed by the “ For a free man?—the stake is not equal." | assembly; all were bending respectfully before “I will add to it my finest courser.”
the sultan's divan, and Mustapha, whose eyes "I need it not; my feet are swifter than those were fixed on the zingaro, began to look uneasy. of an Arab steed."
Mehallé stood with lofty bearing and majestic “What wilt thou then?"
air With one hand he grasped his yataghan, “I have a fancy, sublime signior. Until this while with the other he motioned the assembly day I have been nothing but a poor wanderer, to rise. and have worn only the dress and the cap of a Murmurs of admiration passed through the juggler. Were I to complain of this, I should be apartment; the young man received them with ungrateful, for this simple garb has ever seen me a smile, and, fixing more firmly on his head the free and happy. I, however, renounce it; I be- green turban, shaded by a plume of scarlet feathcome your slave; my mirth shall be for you alone; ers, he cried in a commanding tone: “Let the I will sing for you Indian songs, and, above all, standard of the prophet be raised on the grand I will divine for none but you. In return, I will mosque! the people will salute it from afar at the ask but one thing; it is to allow me, if I win, to fires of Beïram !" At these words an officer wear your royal mantle for ten minutes, to sit stepped forth to execute the order; but Mustapha upon the divan surrounded by slaves, and to place rose to prevent him. upon my head that dreaded turban, whose fame “Haggi Mohammed," continued the zingaro, has reached to the very ends of the earth.” with an imperious gesture, "obey !"
The proposition of Mehallé was received with The aga bowed and retired. Mehallé added : a burst of laughter from the sultan. Had Mus- "Let the imauns repair to the temples, and offer tapha not laughed, the zingaro was a dead man. up petitions for the new sultan! Cadilisquier,
“Thou wouldst sit upon the seat of the caliphs! | have the tomb of Mustapha opened in Scutari, Dost thou not fear the weight of this turban upon the city of the dead." thy silly head? A fine figure thou wouldst make The sultan tried to smile. “Keepers of the under the pelisse of Ottoman! I should like to treasury,” continued the juggler, “distribute see thee giving audience to the viziers and the among the poor of Stamboul the accumulated pashas !”
hoardings of the late emperor." “ It is in your highness's power to afford your- “Enough, buffoon!” exclaimed Mustapha, in self this pleasure."
an agitated voice, on seeing how readily his serv“Well,” exclaimed Mustapha, “ I will agree to ants obeyed these strange orders. The plot be the stake. A juggler upon the throne ! Such a came alarming. sight was never seen in the East.”
"I still command,” replied the zingaro, with The game commenced; it was short. The calm self-possession ; “the clock has not yet sultan lost, but he was in a pleasant vein, and he struck the hour of eight. Art thou then so imprepared to fulfill his engagement.
patient to know the fate that awaits thee?” The Mustapha loosened his girdle, took off his pe- courtiers were at a loss to understand this myslisse, and laid down his turban, while a slave as- | terious scene. They looked with terror on this sisted to invest Mehallé in the royal garments. bold young man, invested with the insignia of These preparations completed, the sultan, dressed power, and the bostangi was astonished to see only in loose silken trowsers and a richly em- his sanguinary master tremble before a strolling broidered vest, approached a clock, and placing juggler. his finger on the dial plate" When the hand “Mustapha," continued the diviner, “thou shall mark the hour of eight,” said he, "I shall wouldst know the time of thy death? I am have paid my debt, and then, signior, you will be about to tell thee, for the evening star has risen! come my astrologer."
I will tell thee even, in order to be generous, The juggler ascended the divan, and having what death thou shalt die. Mufti, advance." placed his faithful cimeter at his side, he ordered The president of the oumela came forward. the doors to be thrown open for the numerous The zingaro proceeded : “ You, who read each courtiers who had been long awaiting the good day the book of our prophet, and explain it to pleasure of his highness. The apartment, which the people, sovereign judge of the empire, tell the dim light of evening rendered rather obscure, this man how avarice and usury ought to be punwas immediately filled with a large assembly, ished; what penalty awaits him who shelters among which were mingled the mufti, and the himself in retirement that he may break the laws, ulemas, the aga of the janissaries, the pashas from who intoxicates himself during the hours of puritheir different provinces, and the great officers of fication, and who, stained with every crime, has the porte, the bostangi-bassa being of the number. never used his power but to oppress the weak, to spoil the rich, to ruin innocence, and to sacri- common sense could have no doubt. The confice virtue?"
sciousness that such has been the case, and the Great excitement now prevailed, and Mus- conviction that such may often be the case, are lapha, pale, and deprived of all self-possession, strong arguments against the forfeiture of life on sought the hilt of his dagger
circumstantial evidence. Wherever there exists The mufti replied in a low and grave tone: a moral possibility that the criminal act may not « The least of these crimes is deserving of have been committed by the accused, the safer death."
course the law could take would be not to de“Thou hearest, Mustapha, it is the prophet mand the dreadful sacrifice--that should be for who condemns thee!" As he said this, he beck-proof which could not be set aside—it is a cononed to the mutes; Mustapha tried to rush to tested point whether capital punishment should the divan, but he was seized by the slaves, who be altogether abolished, and much may be said passed the cord around his neck.
on both sides “Yes, thine hour is come,” pursued the di. It is essential to the well-being of society that viner; "the lives of so many victims must be the secrecy with which crimes are committed, is paid for by thine own; I am at length come to not sufficient to prevent their discovery. Crimes avenge them."
of great enormity seldom escape detection, and “And who art thou?"
there are few aphorisms more true than that " It needs not I should tell thee, for thou know- - murder will out.” Some vestige is constantly est me! On this day fifteen years, a man fell, left in the hurry and confusion attending an act pierced with wounds by the hands of thy soldiers, of violence. Nay, the very means taken for conon the very spot where within this hour thou cealment often lead to detection. It is justly reshalt die. Thou didst seize on his possessions, marked by Starkie, that the consideration of the thou didst invest thyself with his turban, but it nature of circumstantial evidence, and of the prinwanted then those feathers dyed in his blood. ciples on which it is founded, merits the most That man was my father; he was the caliph. profound attention. Scientific assistance has Yes! I am the son of Soliman. Thou hast mas- been eminently useful in saving the innocent and sacred my family. Thou hast reckoned their detecting the guilty. In some remarkable trials heads also. Thou hast confounded the son of for murder many offenders have been detected by thy master with the child of the slave. I am the observation of medical men, who have traced the evening star-I am the sultan Amurath!" the facts by slight and unexpected circumstances.
As he thus spoke, the young prince made a Many cases mentioned in Taylor's Medical Justep forward. His lofty brow, his features, his risprudence, to whom we are indebted for most voice, the almost supernatural majesty of his interesting information, illustrate this statement. countenance, inspired a deep emotion in the as- He mentions that when Sir Astley Cooper was sembly. All the courtiers prostrated themselves called to see Mr. Blight, of Deptford, who had upon the marble floor. They thought they saw been mortally wounded by a pistol shot, in the again the young and glorious Soliman in one of year 1806, he inferred from an examination those audiences when he made the rebellious of the localities, that the shot must have been pashas quail before him.
fired by a left-handed man. The only left-handAfter a moment of respectful silence, the cry, ed man near the premises at the time was a Mr. of “Long live Amurath!” shook the roof of the Patch, a particular friend of the deceased, who seraglio, and was echoed in the distance by the was not in the least suspected. The man was crowd who were thronging toward Saint Sophia. afterward tried and convicted of the crime, and At the same moment the body of Mustapha fell he made a full confession of his guilt before exelifeless to the ground. The time-piece slowly cution. Yet medical evidence is not always borne struck the hour, and the muczzin, in a solemn out by the fact. A man was stabbed by another voice, repeated from the cupola, “ It is cight in the face. A knife, with the blade entire, was o'clock !"
brought forward as evidence against the prisoner
at the trial, the surgeon having declared that the INCIDENTS OF JURY TRIALS. wound must have been caused by this knife; the OF all public duties there is none of such fearful wounded person recovered, but a year afterward U responsibility, if we except the dissemination a fistula fornied in the face, and the broken point of divine truth, as that which devolves on the of the real weapon was discharged from the sinus; empanneled jury, who are to decide on facts on the wound could not, therefore, have been prowhich human life depends. The unbiased judg- duced by the knife brought forward against the ment, notwithstanding appearances and circum- | prisoner at the trial. stances--the undeviating attention to conflicting We may reasonably conclude that marks, misevidence, intricate details, and trifling incidents, taken for blood-stains, found on the clothes of which become important from their bearing, the persons suspected of murder, have often been charitable feeling which should keep alive all taken as conclusive evidence against them; but doubts of guilt till fully proved, are, indeed, men- the noble science of chemistry can ascertain when tal exercises of the highest order. They may be the marks are vegetable stains, however closely tasked too much in decisions where all rests on resembling those of blood. By an ingenious procircumstantial evidence-the fallibility of such cess suggested by M. Taddie, of Florence, huevidence has not been rare, even in cases where man blood can be distinguished from animal, and the blood of various animals from that of each | kill him.” The other, awakened by the noise, other. The microscope, in the hands of a com- got out of bed, and by the light of the moon lepetent person, is eminently useful in discovering held the sleeper give several deadly stabs with a the distinction. The benefit resulting from chem-knife on that part of the bed which his companistry may be appreciated, when we consider what | ion had just quitted. Suppose a blow given in the fate of many innocent individuals would have this way, and that the two men had been shown been without its aid. In March, 1840, a person to have quarreled previously to retiring to rest ? was murdered at Islington; a man was taken up Perhaps there can not be found a more curious on suspicion ; a sack was found in his posses- case than one which occurred a few years since at sion, having upon it many red stains, supposed the British Museum, by which a gentleman might to be blood. Professor Graham cxamined them, have been made liable for a disgraceful transacand found them to be from red paint, containing tion. He requested the attendant who was with peroxide of iron, and it was proved that the sack him to let him see a particular coin; he opened had been worn as an apron by a boy who had the drawer of coins, and pointing it out, observed been apprentice to a paper-stainer; the accused that it was the only coin of that stamp. The genhad received it a few days before wrapped round tleman asked if he was sure of that, and was ana parcel. A farmer's lad was taken up on sus- swered that it was a known fact. The visitor picion of murder. His blue blouse and trowsers requested leave to take it in his hand, and on were marked with red and brown stains, appar- being told it was against rule, drew a written orrently blood, and it appeared as if blood-stained der from his pocket, which he had procured from fingers had been wiped on them. The articles one of the members. The coin was then placed were chemically examined, and the marks found in his hand, and he examined it closely for a few to have been caused by vegetable juice. The minutes, and then returned it to the drawer, boy, on being questioned, said that he had the which the man closed, and took his leave. Before day before he was taken up gathered a quantity | he had time to reach the street the man rushed of red poppies, which had been bruised by his after him, demanding the coin. The gentleman treading on them: he took them home in his said he had placed it in the drawer. It was posblouse. If the poor boy had not been borne out itively declared not to be there. After a sharp in his statement by the chemical process, his lit- altercation on both sides, the man declared that he tle span of life might have been cut short. No. must search the gentleman ; this be protested he thing, indeed, is more common than stains re-would not allow, and insisted on his again looksembling blood, and there are many on whose ing in the drawer--the coin was not to be found! persons or instruments such have been found, The police were called, and told to search the who would have met the fate of murderers had gentleman. He insisted vehemently that he they not been living in times of scientific discov- would allow no such thing, and desired the atcries. A man was accused of having murdered tendant to go back and look better in the drawer his uncle, to whom he was heir. The knife In a few minutes he returned with many apolowhich was found on him was brought in evi- gies, and the coin in his hand; it had slipped into dence against him. It was stained with dark a chink in the drawer, where fortunately it was spots declared to be blood. It was discovered at last found. Had it remained undiscovered, the that it had been used a short time before by a gentleman would have been placed in a most pitperson cutting a lemon, and as it had not been iable situation, for he took from his purse a coin wiped, the acid acting on the metal had caused exactly like that just sound. Having heard that the appearance. A few years since a man was there was one of the same stamp in the British arrested on suspicion of murder. The collar and Museum, he had gone for the purpose of examupper part of his shirt were stained with large ining it, and comparing it with his own. The spots of a deep pinkish color, which appeared other gone-which was believed to be the only like blood that had been attempted to be washed one in existence, and this found on the gentleout; but as none of the color was discharged by man, would have been an everlasting stain upon the application of water, and being turned of a his character. There is a case recorded, where light crimson by ammonia, it was proved not to the accused (scaped the fate which every cne bebe blood, and the stain was accounted for when lieved he deserved. About fifty years since, a it was found that the man had worn a red hand- man was brought to trial for the murder of a felkerchief tied round his neck one wet night, while low-laborer. The evidence against him was very taking violent exercise.
strong. They had been digging together in the There are few who have not met with cases field where the murder took place. The victim where the most overwhelming circumstantial evi- was found lying dead upon the ground, the fatal dence might have been brought forward to crimi- wound was inflicted by the stroke of a spade, nate, had not light been fortunately thrown on which was found beside him ; the edge covered the facts. Accidental injuries may be attributed with hair and blood. His companion was not in to design, if sufficient motive for such can be the field, but his was the spade which had given proved. It is recorded that two persons who had the death-blow-it was marked with his name. been hunting during the day, slept together at In further evidence it came out that they had had night. One of them was renewing the chase in a violent dispute the night before about the dihis dreams, and imagining himself present at the vision of the sum to be paid for the digging of the death of the stag, cried out, “ I'll kill him, I'll field. To the surprise of every one who attended the trial, the jury could not agree; there was one and the railings, and even the roofs of the houses, who refused to join in a verdict of guilty. After were thronged with persons to witness the mournhaving held out for the allotted time, they were ful procession, which few could see without the taken to the usual confines, and there dismissed. most melancholy feelings. The pall was supThe man was liberated; but though he had es- ported by six young girls attired in white; eight caped with life, he was looked on as a murderer. chief mourners, led by the bereft parents, folIt was not for many years after that his charac- lowed ; and then hundreds of persons, walking ter was cleared. The person who had put the two abreast. Thousands followed the train. poor man to death was a sporting gentleman, In Germany, the sentence of death is not carwho had gone out hunting early in the morning, ried into effect till there is a confession of guilt ; Some of the hounds had bounded over the hedge, but the durance in which the condemned is kept and the gentleman followed them. One man was is worse than death itself. When his judges bein the field alone, the other having gone to light lieve his denial proceeds from obstinacy, he is conhis pipe at the nearest cabin. He spoke inso- fined in a subterraneous dungeon-here no ray of lently to the gentleman, as he came forward to light is admitted, but all is dark, cold, and damp order him out of the field. The gentleman made the horrors of solitary confinement are enhanced a lash at him with his whip, and the man hurry- by an abode so loathsome—the wretched prisoner ing aside to avoid it, slipped, and fell on the edge is allowed no sustenance but a pittance of bread of the spade which was in the ground; his head and water—the dimensions of his cell are so conwas cloven, and he laid dead upon the ground. tracted, that he can not stretch his limbs, and the The gentleman, in an agony, went to a friend grave itself is looked to as a release from such misand told what had happened. Acting on his ad- ery. The mind and body soon sink under such vice, he immediately took ship and went abroad. wretchedness, and it sometimes happens that the On finding shortly after that the poor man was innocent avow a crime which they never comarraigned for the murder, the friend of the gen-mitted. Between thirty and forty years since, a tleman managed to have his name on the panel, woman, convicted of murder, was consigned to for the purpose of saving the man-he was the the dungeon, to be kept there till she made a full juror who refused to affix his name to the verdict confession of her guilt. For a fortnight she asof guilty.
serted her innocence of the crime, but at the end A respect for justice appears to be inherent in of that time her courage and her strength forsook our nature, and the impression left on the public her—she confessed the murder. She could scarcemind, by the chance that an innocent person may ly totter to the place of execution, where the senhave suffered for a crime which he did not com- tence of the law was accomplished. In the year mit, tends to lessen the reverence for laws which 1821, Kügelcher, the most celebrated German may operate unjustly; the possibility and the painter of his day, was robbed and murdered in probability of innocence are frequently one and the neighborhood of Dresden. A soldier of the the same in popular estimation, and we know name of Fischer was taken up and brought to that the possibility and the probability of guilt trial. The circumstantial evidence against him have in some cases been considered the same by | left no doubt of his guilt on the minds of his judges, those who have carried on prosecutions—thus, and he was condemned to die; but as he had not on one side, the delinquent has been frequently confessed, he was sent to the dungeon; but his elevated to the position of the martyr; and, on powers of endurance failed after some months, and the other, the guiltless have been degraded to that he acknowledged the murder. We are told that of the criminal—a difference in the penalty award-“he had not yet been broken on the wheel,” when ed for supposed and for positive guilt would gen- circumstances came out, which raised suspicion erate more reasonable views. The impression against Kalkofen, another soldier, as having been that Elizabeth Fenning was innocent of the crime an accomplice in the crime. The result of the for which she suffered was very general. She new inquiry was the complete proof of Fischer's was tried for having poisoned the family with innocence: not a shadow of doubt remained. The whom she lived with some dumplings made by real criminal confessed that he had committed the herself. She was convicted on circumstantial | robbery and murder. The liberty now accorded evidence, and executed on the 26th of July, 1815. to Fischer was cruelly embittered by the effects An opinion prevailed that her guilt had not been of the fatal confinement. He had, when liberated, clearly established. She persevered in declaring to be carried from the prison to the hospital; he her innocence, and appeared to be supported by said that he had made the false confession, that the trust that it would soon be manifest; her de- he might be released by death from a situation so ineanor and her previous excellent character- intolerable. Nothing, as we perceive, can be more her last affecting interview with her parents, when subversive of justice than this mode of dealing she comforted them by the most solemn assur-| with cases of presumptive evidence ; but such an ance of her innocence. The confidence in her unhappy example does not prevent its being dedying declaration was evinced in the exhibition sirable that some change should take place. It is of public feeling at her funeral, which took place true that circumstantial evidence may be so conon the 31st. There was an order and decorum vincing, it may not admit of a shadow of doubt ; in the average merits of the vast assemblage who but as recorded instances of such have been attended her remains to the burying-place, which proved to have led to false conclusions and fatal marked respect for the deceased. The windows results, it would be happy if some new mode of conducting prosecutions on presumptive evidence, I murder; that she observed him look down both different from those on positive proofs, could be sides of the street, and then shut down the winadopted. There have been many authenticated dow; he held something in his hand, which she cases, and would not one be sufficient? which may thinks may have been a surgical instrument; but lead to the serious reflection whether the irrevo- this she would not positively swear. In summing cable penalty of the law should be awarded when up the evidence, the horror which the prisoner had there was a possibility of innocence. It is a betrayed when looking on the body of his murderstrange rule in our law that a party shall not be ed servant, was eloquently dwelt on as a crownadjudged guilty of homicide, unless death takes ing proof of guilt. The defense was weak and place within a year and a day after the infliction meagre-a bare denial of the crime being its chief of a wound. It is well known to the medical substance. A thrill of horror pervaded the court. profession that death may not ensue for a much The jury retired a brief space sufficed for deliblonger period, and that there have been cases eration—they returned with a verdict of guilty. where it has not occurred for some years. In this The judge having donned his black cap, exhorted rule we see what chances are given to the crim- the prisoner on the heinousness of his crime, and inal to escape without penalty; while one unstain | pronounced the fatal sentence. It is said that the ed with crime may be subjected to the heaviest, condemned showed much fortitude throughout, by circumstantial evidence. There was a trial and persisted to the last in asserting his innoand execution in Dublin, more than a century cence. He was brought to the place of execution since, which excited great interest. It was that amidst a vast concourse, and the execrations of of a surgeon, well known in society, and esteem- the people. We were told by an old gentleman ed for his amiable character, and remarkable for that his father remembered having been held up his humanity to the poor ; he lived in a retired in his nurse's arms to see the procession to the street. It happened one evening that the milk- place of execution. He was often spoken of in woman found the street door ajar--and not being the social circle as one who had been held in much answered when she knocked at it, she made her estimation. His untimely end was lamented, but way to the kitchen. She had no sooner entered there were few who believed it undeserved. It it, than uttering a loud shriek, she called loudly was after the lapse of some years that one who for help. The passers-by and persons from the had emigrated to America returned ; he was ill neighboring houses were soon on the spot, and the and troubled in mind; something lay heavy on kitchen was crowded in a short time. A sad spec- his heart and disturbed his conscience; he made tacle presented itself. The young woman who his confession to his priest; he had been “the was servant to the surgeon, was lying dead on the sweetheart," as he told him, of the murdered girl; flags, while her dress was stained with the blood she had let him in by the back way, early in the which had issued from a wound in the side. In evening, to take tea with her. As they sat side looking about the floor, a surgical instrument was by side, he asked her for a kiss, which he would found, which also was stained with blood. A have snatched, when she denied him ; she took medical man, who was present, ascertained that up her master's surgical instrument, which she had it was the instrument which had inficted the to clean, and which lay on the table beside her, death-wound. On a further search, a shirt, sat- and she pointed it toward him jestingly; in a urated with blood, was found huddled up in the struggle, she fell on it, and it pierced her side; he coal-hole ; it was marked with the initials of the snatched the shirt, which she had in her lap to surgeon's name. He was immediately seized, and, mend, and stanched the blood which was flowing though protesting his innocence, he was evident- with it; but life soon ebbed away, and he saw the ly under considerable agitation. The silent wit-girl that he loved—who had been laughing and nesses which were brought against him were talking with him but a few minutes before, lying thought sufficient to prove his guilt, and all at- dead beside him; his agony only gave way to the tempts to account for their having been found instinct of self-preservation, when he thought he near the unfortunate girl, were scouted in the heard the sound of approaching footsteps ; he cross-examination. A living witness was also thrust the blood-stained shirt into the coal-hole, produced in court, an old lady, who deposed that and setting the hall-door ajar, he concealed himsho lived in the house directly facing that where self behind it, and when the crowd had collected the surgeon resided; that her drawing-room win-on hearing the alarm, he mingled with it, and dow commanded a view of his premises, and that then passed into the street, and on to the quay, it was customary with her to watch his move and getting on board an American ship, he sailed ments ; she deposed that she had not taken her in a few hours. When he learned that the sureyes off his house all that day on which the mur-geon's life had been forfeited, he was overwhelmder was perpetrated; that no one had left or ened with anguish. The only reparation in his tered his house that day but himself; that he went power was to clear his character from the dreadhome at about four o'clock, his usual hour of re- ful imputation; but though he felt a relief in this turning; and that on knocking at the door it was act of justice, yet it could not undo the injury inopened by the servant, who, to the best of her ficted. belief, shut it fast when her master went in; that In hearing of such a tragedy, the question she saw him three or four times pass the win- is naturally suggested, may not such have often dows of his sitting-room ; that the last time she occurred, and may it not again-and is there no saw him was about an hour and a half before the remedy?