Page:The Black Cat v01no02 (1895-11).pdf/51

Rh to the devil's weapon,—cunning. Such evidence as has been here given has hanged many a man, and I believe that when a man of any heart, any soul, any chivalry, sees that it is likely to hang a woman it becomes his duty to combat fate as the defense has done in this case.

"I ask your honor, I ask the jury, I ask the witnesses, to look upon these two women. As they stand there side by side, there is a marked difference in their heights, a decided difference in the color of their hair, a striking difference in the color of their eyes, a very perceptible difference, even at this distance, in the tone of their skin; and, I may add, a difference of eight years in their ages. The woman who has just been pronounced guilty of murder is the wife of a gentleman who throughout this trial has sat within the shadow of the jury. She is innocent, as God is my judge. Every moment of her life up to this very instant can be accounted for. In substituting her to-day for the real prisoner, the defense had no desire to circumvent justice. We merely wished to save this court, this community, from the everlasting shame of hanging a woman whose guilt has not been proved. We wished to show to your honor and to these gentlemen of the jury that it is monstrous to accept as conclusive such evidence as has been given in this case. May it please your honor, this jury has just pronounced a verdict of 'guilty' against my own wife. I move that here and now this verdict be set aside."

The request was granted, and, although McWhorter was charged with unprofessional conduct and threatened with disbarment, his client was promptly acquitted on the new trial which the court ordered.