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JAMES THOMPSON CALLENDER. 817

his objections, but virtually promised the hesitating wit-
nesses immunity as a reward for their confessions.

Having proved that the prisoner was the author of ‘The
Prospect Before Us,’’ the prosecution next introduced the
whole pamphlet in evidence. The defense protested, claim-
ing that only those portions of the document which were
reeited in the indictment could be considered by the jury,
especially in view of the court’s decision that the jurors
were concerned only with the offense charged in the off-
eial papers and were not disqualified by their prejudices
against the pamphlet as a whole. The prisoner, retorted
the Judge, was being tried for writing ‘‘The Prospect Be-
fore Us,’’ and he was not to escape punishment because
only mild selections from it appeared in the indictment. A
little informality of that sort was best rectified by allow-
ing the jury to read the whole pernicious preduction.

The prosecution ended here and the defense was in-
strueted to proceed. The counsel for the prisoner to prove
the truth of ita statements, ealled a well-known citizen, Col-
onel Taylor, to the stand. The Judge interrupted, declar-
ing that every question put to him must be first examined
and approved by the court, and that he would admit no
testimony that did not prove the truth of the whole para-
graph complained of in the indictment. They protested
that one witness might prove the correctness of one state-
ment in the pamphlet, and another another, and that no one
individual could be expected to substantiate the whole of
it. Contemptuously referred to as ‘‘you young gentle-
men,’’ and goaded by every public slight and sneer which
brutal authority could inflict upon them, the three lawyers,
nevertheless, stood their ground, insisting that the rulings
of the court were equivalent to a complete denial of jus-
tice, and virtually defying the bench. Finally, the judge
made a pretense of requesting the District Attorney to al-
low the questions upon which ‘‘the young gentlemen were
so insistent,’ but he declined.

The defense had no recourse but to address the jury and

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