Year: 1872

said the learned counsel, and having done
bis duty, it would be for the jury to do
their S. Within few days there had been
found in the prisoners house the stopper
of a small bCttle of very singular ap-
pearance; it was apparently not of Eng
llsh manufacture, and was described by
the medical men as being used by chemists
to preserve those liquids which a1e most
likely to lose their virtue by exposure to
the air.


Such was the address of the counsel 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 perceive
the slightest emotion When the disap.
pearance of the housekeeper was mention
ed, a smile, as of scorn, passed over his lip;
and the notice of the discovery Of the
stopper obviously excited an interest, and
L thought an apprehension; but it quickly
slbsided. | need not detail the evidence
that was given for I'll, { roseeutions, it
amounted in substance hat which the
counsel stated, nor was it varied in any
particular. The stopper was produced
and proved TO have been found in the
house; but no attempt was made to trace
/ 1t to the prisoners possession, or even
knowledge.


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 defence; and if the jury were OF
opinion they would at once stop in the
case. Upon this observation os the Judge,
the jury turned round for moment and
then intimated their acquiesence in his
Iordships' views of the evidence The
counsel folded up their briefs, and YER
dict 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 house.
keeper, with much earnestness, and was
seconded so strongly by his counsel, that
Lord Mansfield though very much
against his inclination, and contrary to his
usual habit, gave way, and yielded to
their request


The prisoner then addressed the jury,
and entreated their patience for a short
time. He repeated to them that he never
could feel satisfied to be acquitted merely
because the evidence was not conclusive,
and pledged himselfin a very short time,
by the few observations he should make,
to obtain their verdict on much higher
grounds-upon the impossibility of his
being guilty.


Ofthe stopper which had been found
he disowned all knowledge; declared
most solemnly that he had never seen it
| before it was produced in court; and he
asked, could the fact of its being in his
house only few days ago, when hundreds
of people had been there, produce upon an
impartial mind even az momentary preiu-
dice against him ? One fact, and only one
has been proved, to which it was possible
Tor him to give an answer-the fact of his
having gone to the bedroom of his house
keeper on the night in question.


| He had been subject for MANY years Of
/ his life TO sudden fits of illness; be had
been SleZed with one on that occasion, and
bad gone to her to proc IRE her assistance
in lighting fire. She had returned with
him to his room for that purpose, he hav-
ing waited in the passage while she put
on her clothes, which would account for
the momentary disappearance of the light
and alter she had rem aimed III the room
! for few moments. finding himself better,
! be had dismissed her, and retired again
to bed, from which he had not risen when
be was informed of the death of his guest


1t had been said that, after his commital
| to prison, his housekeeper had disappear
ed. He avowed that, finding his enemies
determined, if possible, to accomplish his
ruin, he had thought it proboble they
might tamper with mis- servant he had
therefore, kept her ont of the way; but for
what purpose =? Not TO prevent her testi-
mony being given, for she was now under
the care OF his solicitor, and would instant
ly appear for the purpose of confirming,
as far as she was concerned, the state
ment he had just made.


Such was the prisoners address, which
produced powerful effect. 1t was deliv-
cred in firm and Impressive manner,
and its simplicity gave it an appearance
of truth. The housekeeper was then put
IN the box and examined ~ the counsel
for the prisoner. According to the custom,
at the time almost universal. of excluding
witnesses from court until their testimony
was required, she was kept at house near
at hand, and had not heard one word of
the trial. There was nothing remarkable
IN her manner or appearance; she might
be about thirty-tive, with regular though
not agreeable features, and an air perfect
ly free from embarrassment.


She repeated, in the prisoners own
words, the story he had told ofhl5 having
called her up, and her having accompan-
led him to his room, adding that, after
leaving him, she had been awakened by
the man servant in the morning with an
account of tie travellers death.


She had now TO undergo a cross-examin-
alton, and [ may as we'll state here, which.
though not known to me till afterward,
will assist the reader in understanding the
following scene. The counsel for protec-
ton had, in his own mind, attached consid-
cradle importance to the circumstances
mentioned by the witness whe saw the
light; that while the prisoner and the
housekeeper were in the room of the for
mer, something like door, had interyen-
ed between the door and the candle and
the window which was totally irreconcil.
able with the appearance of the room
when examined; and had half persuaded
himself that there must be secret closet
which had escaped the officers of Justice.
the opening OF which would account tor
the appearance alluded to, and the exist
ence of which might discover the property
which had so mysteriousIy disappeared.


His object, therefore, was to obtain from
the housekeeper (the only person who
could give any clue to this0 sach lntor-
nation as he could get, without alarming
her by any direct inquiry on the subject,
which, as she should not know how much
or how little the inquiry has brought to
light; and by himself treating the matter
as immaterial, he lightly led her to con
slider it so, also, and by that means draw
forth all she knew. After some unimpor-
tant questions, he asked her il tone and
manner calculated rather to awaken con-
fidence than to excite distrust.
During the time you were IN Mr.. Smiths
room you stated that the candle remained
on the table in the middle of the room p
Yes.


Was the closet. or cupboard, or what.
ever YOU call it, opened once or twice