Year: 1859

done sir, if you'll just wait till I've cleared


away. There, they're at it already"
While he spoke, a tanfaronade Of trim


pets without proclaimed that the Judges
were about 10 take their seats, and in a few
minutes the waiter and were among the
crowd The javelin-man, turning out to
be amenable 20 reason and the ties of rela


tionship, as well as not ayerse to small pe-
cuniarv recompense; ! soon found standinp
room for myself in the court house, where
every seat had been engaged hours before.
As | had been informed, the proceedings
were all but concluded, save some unim
portant Indirect evidence, and tie speech
Of the prisoners counsel. This gentleman


lad been assigned to the accused by the
court, since he had not provided himself
with any advocate, not attempted to meet
the tremendous charge laid against him,
except by single denial. All that had
been elected from him since his apprehen-
sion, it seemed, was this-that the toll
keepers wife was mistaken in his identity,
but that he had led a wandering life of
late, and could not produce any person to
prove an aziJ,; that he was in Dorsetshire
when the murder was done, miles away
from the scene of its commission; but at
what place on the particular day in ques-
tion-the 9TH Of March-he could not re-
call to mind.


This, taken in connection with strong
condemnatory evidence, it was clear would
90 sadly against him with the jury, as a
lame defense indeed although, as it struck
me, who had only CLEANED this much from
a by-stander, nothing was more natural
than that a journeyman carpenter, who
had not kept a diary, should not recollect
what place he had tramped though upon
any particular date Why, where had
myself been on the 9th of March thought
[. 1t took me several minutes to remem
ber, and only did SO BY recollecting that
had left Dorsetshire on the day following
partly in consequence of some alterations
going on at home. Dorsetshire, by the
| by, did the prisoner say? Why, surely |
had seen that face somewhere before, which
was now turned anxiously and hurriedly
around the court, and now, as if ashamed
of meeting so many eyes, concealed III his
! tremulous hands Robert Ioles No, |
had certainly never heard that name and
yet begun to watch the poor fellow with
singular interest, begotten Of the increas-
ING conviction that lie was not altogether
a stranger to me.


The evidence went on and concluded
the counsel for the prisoner did his best,
but his speech was, of necessity, an appeal
to mercy rather than to Justice. All that
had been confded to him by his client was
this that the young man was a yagabond,
who Lad deserted his parents, and run
away from indenturcs, and was so far de
serving ofIittlc pity; that he had, however,
only been vicious, and not criminal; as
for the murder with which he was now
charged, the commission of such a hideous
outrage had never entered his brain.
"Did the lad look like a murderer! Or
did he not rather resemble the Prodigal
Son, penitent for his misdeeds indeed, but
not weighed down by the blood Of a tel
low creature"


All this was powerfully enough express
ed, but it was not evidence and the jury
without retiring Fl ON their box, pronounc
| ed the young man Guilty" amid 81
| lencc which seemed to Corroborate the YER
| diet. Then the Judge put on the terrible
black cap, and solemnly inquired for the
last time whether Robert Moles had any
reason why sentence should not be passed
| upon him.


"My lord" replied the lad in a singu-
larly low, soft voice, which recalled the ut
terer to my recollection on the instant.
81 am wholly innocent of the dreadful
crime Of which | am accused, although |
confess | see in the doom that is about to
be passed on me fit recompense for my
wickedncss and disobedience. was how
ever, until informed Of it by the officer
who took me in custody, as ignorant OF
this poor mans existence as of his death.


"My lord" cried |, speaking with an
energy and distinctness that astonished my
self, " this young man has spoken the
truth, as | can testify.


There was a tremendous sensation IN
the court at this announcement, and 1t was
some minutes before was allowed to take
my place in the witness box. The couhsel
for the crown objected TO my becoming ev-
deuce at that period Of the proceedings at
: al, dIt Htt" uiilSStI iNlC tuS lt8dl t"Co
ton with all the indignation which lie had
previously exhibited against the practice
Of midnight murder; but eventually the
court oyerruled him, and I was sworn.


stated that did not know the prison
er by name, but that could swear to the
identity. ] described how, upon the 9Th
Of March last, the local builder, being IN
want Of hands, had hired the accused 10
assist in the construction Of bow window
in the drawing room Of our house in Dor
setshire.


The counsel for the prosecution, affect
ing to disbelieve my sudden recognition Of
the prisoner, here requested to know wheth
er any particular circumstance had recalled
him to my mind, or whether had only a
vague and general recollection of bin.


Z" had only that L confessed, "untiI
the prisoner spoke; bis voice is peculiar,
and | remember very distinctly to have
heard 1t upon the occasion ] speak of; he
had the misfortune to tread upon his foot
rule and break it while at work upon the
window, and ! overheard him lamenting
that occurrence"


Here the counsel for The accused remind
rI the court that a brclan foot ruIa had