Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1860-03-10

HBnt' NOW, III Oultn room, tnere were n0tn-
ing which could account for this appearance,
and there was neither cupboard nor press in
the room, which, but for the bed, was entire
ly empty, the room In which he dressed being
distance beyond it.
The counsel for the prosecution here con-
cluded what he had to say During his ad-
dress, Smith in no wise appeared to be agita-
ted or distressed, and equally unmoved was he
while the witness testified in substance what
the opening speech of the counsel led the court
and the jury to expect
Lord Mansfield now addressed the jury. He
said, that in his opinion, the evidence was not
sufficient to condemn the prisoner, and if the
jury agreed with him in opinion, he would dis.
charge him. Without leaving their seatS, the
jury agreed that the evidence was not Suffi-
cient.
AT this moment, when they were about To
render verdict Of acquitta the prisoner rose
and addressed the court. lie said he had been
accused of foul crime, and the jury had said
that there was not sufficient evidence against
him. Was he to go out Of court with suspicion
resting npon him, after ally
This he was unwilling to do. He was an in.
nocent man, and il the Judge would grant him
/ the opportunity, he would prove it-iie would
call the hOusekeeper, who would confirm
statement which he would now make
The hOuse.keeper had not appeared in court
She had concealed herself, or had been by
Smith. This was considered a dark sign
against him. But he himself now offered to
bring her forward, and stated as the reason,
not that he was willing that she should testify,
but, knowing the excitement, he was fearful
that she would be bribcd to give testimony
contrary to fact. But he was now ready to
relate all the circumstances he knew; she
might be called and examined. If her testi-
mony 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.
lie said he wished to go out of the court re-
lieved from the suspicious that were resting
upon him. AS to the poison by means Of
which the stranger was said to have died, he
knew neither the name of it, nor the existence
oft, until made known by counsel He could
call God to witness the truth of what he said
And then, as to Mr.. Thompson, he was
perfect stranger to him. How should he know
what articles of value he had p He did not
know. If he had such articles at Hull, he
night have left them on the road, or, which
was more probable, have otherwise disposed
OF them. And if he died by means Of the fa-
tai drug, he must have administered it him.
self
lie begged the jury to remember that his
premises had been repeatedly and minutely
searched, and not the most trifling article that
belonged to the deceased had been discovered
in his possession. The stopper of the vial had
been found, but of this he could only say, he
had no knowledge, and had not seen it before
it was produced in court. IN
One fact had been proved, and only One
That he would explain, and his house-keeper
would confirm the statement. A witness had
testified that some one had gone to the bed
room of the hOu use-keeper on the night in qucs-
ton. lie was ready to admit that it was he
himself. He had been subject for much Of his
life to sudden fits Of illness he had been seized
with one on that occasion, and had gone to
procure her assistance in lighting fire. She
had returned with him to his room for that
purpose, he having waited for minute in the
passage, while she put on her clothes. This
would account for the momentary disappear
ance Of the light. After remaining few min.
utes in his room and finding himself better he
had dismissed her, and retired to bed, from
which he had not risen when he was informed
Of the death Of the guest,
Such wns the prisoners address, which pro-
duced powerful effect. 1t was delivered in
very firm and impressive manner, and from
the simple and artless manner Of the man,
perhaps not one present doubted his entire in.
nocence.
The houSe-kecper was now introduced and
examined by the counsel for the prisoner She
had not heard any part of the statement Of
Smith, not single word Of the trial. Her
story confirmed all he had said.
To this succeeded her cross examination by
the prosecution. One circumstance had made
deep impression on his mind-that was, that
while the prisoner and the house keeper were
in the room Of the former, something like a
door had obstructed the light of the candle, 20
that the witness testified to the fact, but could
not see it. What was the obstruction? There
was no dOor-nOthing in the room which could
account for this. But the witness was positive
that something like door did for moment
come between the window and the candle
This needed explanation. The housekeeper
was the only person that could give it. De-
signing to probe this matter in the end to the
bottom, but not wishing to excite her alarm,
he began by asking her a few unimportant
questions, and among others, where the candle
stood while she was in Mr.. Smiths room.
In the center Of the room" she replied
"Well, was the closet or cupboard or what
ever you call it, opened once or twice, while it
stood there?"
She made no reply.
~ will help your recollection" said the
counsel, latter Mr.. Smith had taken the medi.
cine out Of the closet, did he shut the door, or
did it remain open?"
lie shut it"
"And when he replaced the bottle in the
closet, he opened it again, did he"
" He did,"
"And how long was it open the last timer"
"NOt above q minute"
"Well, and when open, would the door be
exactly between the light and the window ?"
at would"
al forgot" said the counsel, "whether you
said the closet was on the right or the left
hand side of the windowp'
"On the left hand side"
"Would the door of the closet make any
noise in openingr"
"None"
Are you certain2"
"I am."
"Have you ever opened it yourself, or only
seen Mr. Smith open iti"
" never opened It myself"
did you ever keep the key :"
"Never."
"Who didf"
Mr.. Smith, always"
At this moment the house-keeper Glanced
to cast her eyes towards Mr.. Smith, the pris-
Oner. A cold damp sweat stood upon his
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