Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-08-08

poison he lad described. But, then, was that
poison administered by Smith, or at his instig
zion? Who were the prisoners family? /!
consisted only Of himself, housekeepcr and one
man servant The man servant slept in an out
house adjoining the sable, aud did so ON the
night OF 1hompsons DEATH The prisoner slept
in one end of the house, the housckcepcr at the
other, and the deceased had been put in room
adiiung the housekccpcr's.
1t could be proved, that about three hours af-
ter midnight, on the nigh, Of lhompson's death,
a light had been seen moving about the house,
and that a figure holding the light was seen to
20 from the room in which the prisoner slept to
the housckecper's room the light now dsap-
pca,cd for minute when two persons were seen.
hut whether they went into Thompsons room
the witness could not swear; hut shortly after
they were observed To pass quito through the
entry to Smiths room, into which they entered,
and in about five minutes the light was cXtn-
gulShcd.
The witness would further state, that after
the person had returned with the lgh, INTO
Smiths room, and before it was eNtlugui,hed he
had twice perceived some dark object to inter
vcnc between the light and the window, almost
as large as the surface of the window itself, and
which he described by saying it appeared as #
door had been placed before the light. Now,
in Smiths room, there was nothing that could
account for this appearance, and there was nci-
thcr cupboard nor press in the room, which, but
for the bed, was entirely empty; the room in
which he dressed being distance beyond it.
The counsel for the prosecution here conclu-
dcd what he had to say. During his address,
Smith In no wise appeared to be asilafcd or dis
trcs-ad-and equally unmoycd while the witness
testified in substance what the opening speech
of the counsel led the cour, and Jury to expect.
Lord Mansfield now addressed the Jury. lie
said that in his opinion the evidence VAS not
sufficient to condemn the prisoner and If the
ury agreed with him IN opinion he would dis
barge him. Without leaving their seats, the
ury agreed that the evidence was not sufficient
At this moment, when they were about 90
render 4 verdict OF arqW,tal, the prisoner rose
and addressed the couit. He said he had been
accused of foul crime, and the jury had said
there was no sufficient evidence against him.
Was he to 20 out OF court with suspicious rest
ing upon him. after all This he was unwi,l-
Nc to do. He was an innocent man, and ifthe
ndgts would grant HIM an opportunity, he
would prove IT, He would call the housckerper,
who would confirm a statement which he would
now make.
The housekeeper had not appeared in court.
She had concealed herself or been concealed by
''Nlllu. MS WIS tOuSlucTtN 4 udIk slgn against
him, but he himself now offered to bring her
forward, and stated as reason, not that he was
not willing that she should testify, but, knowing
the excitement, he was fearful that she would
he hribed to give testimony contrary 10 fact
But he was now ready to relate all the crcum-
stances he knew she might be called and cX
ahmed. Ii her testimony does not confirm my
story, let me be condemned.
The request OF the prisoner appeared reason
able, and Lord Mansfield, contrary to his usual
practice granted it,
The prisoner went on with his statement. He
said he wished to 20 out of the court, relieved
from the suspicious which were resting upon
him. As to the poison, by means Of which the
stranger was said 10 have died, he knew neither
the name of IT, nor even the existence of it, un-
I'll made known by the counsel lie could call
God TO witness the truth Of what he said.
And then. as to Mr.. Thompson, he was a
perfect Stranger 10 him. How should he know
what article of value he had lie did not
know If he had such articles at Hull he might
have left them on the road, or which was more
probable, have otherwise disposed OF them.
And if he died by means of the fatal drug, he
must have administered it himself.
He begged the jury to remember that his
premises had been repeatedly and mlnutely
searched, and not the most trifing article that
belonged to the deceased had been discovered
in his possession. The stopper of vial had
been tound-hut of this he could only say, he
had no knowledge and had not seen il before
it was produced in court.
One fact had been proved, and onlysone.
That he would explain, and his housekeepcr
would confirm the statement. A witness had
testified that some one had gone to the bed
room OF the housekeeper on The night in ques-
ton. He was ready to admit that it was him
self lie had been subject for much of his life
10 sudden fits OF illness; he had been seized with
one on that occasion, aud had gone to procure
her assistance in Lighting fire. She had re-
turned with him TO his room for that purpose,
he having waited for IA minute in the passage,
while she put on her clothes. This would ac-
count for the momentary disappearance of the
light After remaining a few mnGtes in his
room, and finding himself better, he had dis
missed her and retired TO bed, from which he
had not risen when he was informed of the
death OF his guest.
Such was the prisoners address, which pro-
luced powerful effect. 1t was delivered in
firm and impressive manner, and from the SIM
pie and artless manner of the man, perhaps not
onc present doubted his entire innocence.
The housekeeper was now introduced and
examined by the counsel Of the prisoner She
had not heard any part of the statement of
Smith, nor a single word of the trial. Her story
confirmed all he had said.
To this succeeded cross ex examination by the
counsel for the prosecution. One circumstance
had made a deep impression on his mind-that
was, that while the prisoner and the housekeeper
were in the room OF the former something like
door had obstrucled the light of the candle,
50 that the witness testified to the fact but could
Al . -