The Benton weekly record. [volume] (Benton, Mont.) 1880-1885, 1880-03-12

What he had done with the money co,ll
1 not b. Ascertained, As All search after til;
proved in vain. The feeling was tn;
Godlcy-or Colby, as he is frequentl
styled IN the account in the old newspapt
from which these facts are taIsen-had il
vented the story respecting Mr.. Ainsle
and the borrowed money.
The coroner's jury brought in Il verdit
Of willtul murder against Cooley, and h
/ was removed to York Castle he was il
rlictcd for the murder Of Sir James Mars
/ ton, and duly tried at the Assizes follow
/ ing. MI the facts here narrated wer
brought out by the prosecution. Mr.. Aims
Ice sWore s0lelnnly that he never accom-
panied Sir James to the study that night
but badc him good night at the foot of tn
grand staircase. lie explained the fact c
his being seen on the stairs with an UNI
! bre!la as he explained it before. In cross
I examination, when asked whether h
knew lis father and mother, he admitte,
| that he did not. TLen ensued the follow
ing singular colloquy:
/ Counsel, it is indeed wise child tina
knows his father, but with the mother it i
different somewhat. Pray, Mr.. Ainslie
where were you brought up?
Mr.. AiI1slie-I believe the first wear 0
my life were spent at Marston Hall.
Counsel-Do you remember travelling
with Sir James on the continent when yol
were about ten years old; that is fully
twenty Years ago.
Mr.. -AinSlie-I do, very distinctly.
Counsel-Were you not then i'll the habi
Of calling him father? .~.
Mr.. Ainglie-I think I was.
Counscl-Now, do you not know as vel
as any one 50 situated can know such {
thing, that you are Sir James Narston';
itIe%ltimatc SOu:
Mr.. -AH!slie-I have told you that / &c
not know who my parents We're. "
Counsel-Now, on your oath, has not
Sir James regularly supplied you with
money ever since you can remember?
Mr. Ainslie-Ee has given me money at
many times.
Counsel producing Il bundle Of letters
and handing one to the witness)--Is that
letter in your handwriting?
Mr.. AinsIje-Et is.
Counsel-My Lord, we have already
proved where we got these letters. Mr..
Ainslie, did you write that letter to Sir
james, and that; in fact, ali of these I
hand You?
Mr.. Ainslie-Yes, did
Several Of these letters were read. Mr..
Ainslie addressed Sir James as ''My dear
father and signed himself ''Your atfec-
tionatc son" The letters were full Of
personal matters, as Between father and
son, and money was frequently spoken of
as having been received or required. The
last dated letter was within Il month of Sir
James murder, and spoke with deep feel
ing Of the estates having to 90 away from
the writer to Il distant relative in case of
the barOnet's death.
Counsel-You say that you never knew
your mother?
Mr.. Ainslie-I don't remember her.
C0unsel-Do you know the lady who
will inherit the Marston estates?
Mr.. Ainslic-I do.
Coun5el-Do you know this umbrella
Counsel drew forth Il green silk umbrella
from beneath tie table, and held it up.
HetiNcd his eyes Steadily on Mr.: Ainslie.
Every cointenancc in the court room was
fixed en the witness. There was per-
ceptible quiycr Of his lip for moment.
lie oyercame the temporary nervousness
and answered distinctly:
II think have seen it before"
'"rake it in your hand, SIR" the counsel
said, ''and examine it at your leisure. -
Mr.. -iinsle reached out his hand and
took the umbrella. He glanced at the
handle, passed his hand up and down the
silk, and then looked toward counsel
Ton have seen that umbrella before, Mr.
Ainslie, you are sure ?" counsel asked.
II am pretty sure that ! have seen it
before, Mr.. Ainslie replied.
''Is that the umbrella You were seen
with on the night Of the murder Of Sir
James Marston, = counsel asked in delib-
crate and solemn tone.
That is the umbrella took by mistake
and returned to its place in the rack in the
entrance hall on the night in question" :"
was the answer.
Mr.. Ainslic extended the umbrella to-
ward counsel as though desirous he should
relieve him Of ii.
mo, Sir" counsel said; keep the UNI
brella a moment longer. You have had it
in your hands before--did you ever open
it?"
Il I'm not aware that / ever did," Mr..
Ainslic replied. =
"Open itnow, Sir, Y said counsel.
Mr.. Ainsiie's lips were becoming parched
and his face was flushed. His hands trenl-
5led 20 that he could scarcely hold the
much less open it. After fun
blingabou for some seconds counsel said,
in a most significant way:
''1rr. Ainslie, you have either never
opened that umbrella before, or you have
opened 1t once too often.n
AS may be expected, this line of cross
examination greatly astonished the court
and Ill present. The last remark Of coun-
sci created a profound sensation, although
no one outside Of the defense knew what it
was aimed ut. Counsel reached toward
Mr. Ainslie, and said:
Never mind openingit now, Mr.. Aims
lie. Give it to me
Counsel took the umbrella and laid it
carefully on tile table before him.
'sAEay | look at the umbfella?'' the
counsel said.
"No, sin, not at present" the counsel
for the defense replied.
The prosecution put several other wit
nesses# on tlie stand, and the defense
brought out from them very closely the
Fact that. although i most careful and
iiligent search had been made in every
iirecttan, no weapon with which the fatal
wound in Sir James, breast could have
1edp inflicted had been found. This search
1a@ extended through the dwelling and
,rQlui the adjacent grounds.
The defense was begun, Godley's char
rter was shown to be excellent, and it
,vas further proved that during the many
years which he had been employed in the
lall lie had saved 1 large sum Of money,
md owned sufficient property to maintain
aim in comparative attluence for the rest
If llis life. TIE vas On most friendly terms
with his master. and was his groom when
1e was a boy. Il was shown that there
Was no motive whatever for the crime, as
he porter did not need money and was