Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1872-06-15

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the house to Smiths room again;
and in about five minutes the light
was extinguished and he saw it no
more.
Such was the evidence upon which
| the magistrates had committed
Smith; and singularly enough, since
his committal the housekeeper had
been missing, nor could any trace of
her be discovered. Within the last
week, the witness who saw the
| light had been more particularly ex-
amined, and, in order to refresh his
memory, he had been placed, at
dark, in the very spot where he had
stood on that night, and another
person was placed with him. The
whole scene, as he had described it,
was acted over again; but it was ut
terly impossible, from the cause
above mentioned, to assert when the
light disappeared, whether the par
ties had gone into Thompson
room. AS if, however, to throw
still deeper mystery over this ex-
traordinary transaction, the wit
ness persisted in adding 4 new fea-
turc to his former statement; that
after the persons had returned with
the light into Smiths room, and be-
fore ii was extinGuished, he had
twice perceived some dark object
to intervene between the light and
the window, almost as large rs the
surface of the window itself, and
which he described by saying, it ap-
peared as if door had been placed
before the light.
''Now, in Smiths room, there was
nothing which could account for
this appearance; his bed was in a
different part, and there was neith-
or cupboard nor press in the room,
winch, but for the bed, was entirely
empty, the room in which he dress
ed being at distance beyond it.
He would state only one fact more
(said the learned counsel), and he
had done his duty; it would be for
the Jury to do theirs. Within few
days there had been found in the
prisoners house, the stopper OF
small bottle of very singular de-
scription; it was apparently not of
English manufacture, and was de-
scribed by the medical men as being
of the description used by chemists
to preserve those liquids which are
most likely to lose their virtue by
exposure to the air. To whom it
belonged, or to what use it had been
applied, there was no evidence to
show.
Such was the address of the cOun-
sci for the prosecution; and during
its delivery had earnestly watched
the countenance of the prisoner
who had listened to it with deep
attention. Twice, only, did 1 per-
ceive that it produced in him the
slightest emotion. When the dis
appearance of the housekeeper was
mentioned, q smile, as of scorn,
passed over his lip; and the notice
of the discovery of the stopper OBJ
viously excited an interest, and, L
thought, an apprehension; but it
quickly subsidized. l need not detail
the evidence that was given for the
it amounted in sub
stance to that which the counsel
stated; nor was it varied in any par
ticular. The stopper was produced,
and proved to be found in the house;
but no attempt was made to trace
it to the prisoners possession, or
even knowledge.
When the case was closed, the
learned Judge addresse the counsel |
for the prosecution, said he thought |
there was hardly sufficient evidence |
to call upon the prisoner for his de- |
fence; and if the jury were of the
opinion, they would at once stop the |
case. Upon this observation from |
the judge, the jury turned round for |
4 moment, and then intimated their |
in his lorship's view of |
The evidence. The counsel folded
up the briefs, and a verdict of ac- |
luittal was about to be taken, when |
the prisoner addressed the court
He urged the jury 10 permit him to |
state his case to the jury, and to call |
his housekeeper, with so much earn |
and was seconded so strong
ly by his counsel, that Lord Mans |
field, though very much against his !
and contrary to his us
ual habit, gave way, and yielded to |
the request.
The prisoner then addressed the |
Jury and entreated their patience |
for a short time. He repeated to |
them that he never could feel salts |
fed to be acquitted merely because |
the evidence was not conclusive, and |
pledged himself, in 4 very short |
time, by the few observations he |
should call, to obtain their verdict !
upon much higher grounds-upon
the impossibility of his being guilty |
Of the dreadful crime.
OF the stopper, which had been |
found, he disowned all knowledge; |
he declared, most solemnly, that he |
had never seen it before it was pro- |
duced in court; and he asked could !
the fact of its being found in his |
house, only few days ago, when |
of people had been there, |
produce upon an impartial mind |
even a momentary prejudice against |
him? One fact, and one only, has |
been proved, to which it was posi- |
bic for him to give an answer-the |
fact of his having gone to the bed |
room of his hOusekeeper on the |
night in question.
lie had been subject, for many
years of his life, to sudden fits of i'll |
ness; he had been seized with one !
on that occasion, and had gone to |
her to procure her assistance in |
fire. She had returned with |
him to his room for that purpose, he |
having waited for a minute in the
passage while she put on her clothes; |
which would account for the mo-
disappearance of the light,
and after she had remained in his |
room for a few minutes, finding |
himself better, he had dismissed |
her and retired again to bed from |
which he had not risen when he was |
informed of the death of his guest. |
1t had been said that, after his COM |
initial to prison, his housekeeper |
had disappeared. He avOwed that, |
finding his enemies determined, if !
possible, to accomplish his ruin, he |
had thought it probable they might |
tamper with his servant; he had, |
kept her out OF the way;
but for what purpose? Not to pre- |
vent her testimony being given, for |
she was now under the care of his |
solicitor, and would instantly ap- |
pear for the purpose of confirming, |
as far as she was concerned, the |
statement which he had just made. |
Such was the prisoners address.
which produced powerful effect. |
1t was delivered in 4 firm and i'm |
pressiVe manner, and its simplicity |
and artlessness gave it an appear |
ance of truth. The hOuSekeeper !
was then put into the box and ex-
amined by the counsel for the pris- |
Oner. According to the custom, at /
that time almost universal, Of cX-
witnesses from court until !
their testimony was required, she |
had been kept at a house near at |
hand, and had not heard a single !
word of the trial. There was moth
ing remarkable III her manner or
she might be about |
thirty-fve, or a little more, with |
Regular though not agreeable fea- |
lures, and an air perfectly free from |
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