The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-09-13

another person was placed with him. The
whole scene, as he had described it was
acted over again; but it was utterly impos-
sible, from the cause above mentioned, to
assert, when the light disappeared, wheth-
er the parties had gone into Thompson's
room. AS if, however, to throw still deep
er mystery over this extraordinary transac-
ton, the witness persisted in adding a
new feature to his former statement that
after the persons had returned with the
light into Smiths room, and before it was
eXtinguished, he had twice perceived some
dark object to intervene between the light
and the window, almost as large as the sur
face of the window itself, and which he de-
scribed by saying it appeared as if a door
had been placed before the light.
Now, i'll Smiths room, there was nothing
which could account for this appearance
his bed was in different part, and there
was neither cupboard nor press in the room,
which, but for the bed, was entirely empty,
the room III which he dressed being at a
distance beyond.
He would state only one fact more, (said
The learned counsel and having done his
duty, it would be for the jury to do theirs.
Within a few days there had been found in
the prisoners house, the stopper of a small
bottle of a very singular appearance; it was
apparently not of English manufacture
and was described by the medical men as
being used by chemists to preserve those
liquids which are most likely to lose their
win TO
belonged, or to what use it had been APP
piled, there was no evidence to show.
Such was the address of the counsel for
the prosecution ; and during its delivery I
had earnestly watched the countenance of
the prisoner, who had listened to it with deep
attention. Twice only did perceive that
it produced III him the slightest emotion.
When the disappearance Of the housekeep-
er was mentioned, a smile, IS of scorn
passed over his lip; and the notice of the
discovery Of the stopper obviously excited
an interest, and, | thought, an apprehen-
sion bat it quickly subsided. I need not
detail the evidence that was given for the
prosecution it amounted in substance to
that which the counsel stated. nor was it
varied in any particular. The stopper was
produced, and proved to be found in the
house but no attempt was made to trace
tito the prisoners possession, OF even knowl-
edge.
When the case was closed, the learned
judge addressing the counsel for the pros
ecution, said he thought there was hardly
sufficient evidence to call upon the prison
er for his defense and if the jury were of
the opinion they would at once stop the
case. Upon this observation from the Judge
the jury TUNED round for a moment and
then intimated their acquiesconce in his
lordship's views ofthe evidence. The c0un-
sci folded up their briefs, and verdict of
acquittal was about to be taken, when the
prisoner addressed the court. He urged
the judge to permit him to state his case to
the jury, and TO call his housekeeper, with
so much earncstness, and was seconded 50
strongly by his counsel, that Lord Mans
field, though very much against his incli-
nation, and contrary to his usual habit,
gave way, and yielded to the request.
The prisoner then addressed the Jury and
entrcated their patience for short time
He repeated to them that he never could
feel satisfied to be acquitted merely be-
cause the evidence Was not conclusive, and
pledged himself in a very short time, by
the few observations he should make, to
obtain their verdict upon much higher
grounds-upon the impossibility ofhis being
guilty of the dreadful crime.
Of the stopper which had been found, he
disowned all knowledge; declared most
soiemnly, that he had never seen it before
it was produced III court and he asked
could the fact of its being found in his
house only a few days ago, when hun
dreds of people had been there produced
prejudice against hian {? One fact, and only
one had been proved, to which it was pos
sibe for him to give an answer-the fact of
his having gone TO the bedroom of his house
keeper on the night i'll question.
lie had been subject for many years OF
his life to sudden fits Of illness he had
been seized with one on that occasion, and
had gone TO her to procure her assistance
i'll lighting a fire. She had returned with
| hi1A to hisroom for that purpose he having
waited for a minute in the passage while
she put ON her clothes, which would ac-
count for the momentary disappearance OF
light; and after She had remained in his
room for q few minutes finding himself bet
ter 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.
IL had been said that, after his cOmInittal
to prison, his housekeeper had disappeared.
He avowed that, finding his enemies deter
mined, if possible, to accomplish his ruin,
he had thought it probable they might
talnper with his servant he had therefore
kept her out of the way; but for what pur-
pose Not to prevent her testimony being
given, for she was now under the care of