Year: 1873

IIsttLeu 10 IL With Qeep attention.


Twice, only, did perceive that it pro-
Guced in him the slightest emotion.


When the disappearance of the house
keeper was mentioned, a smile, as of
scOrn, passed over his lip; and the no.
tice Of the discovery OF the stopper OBJ
V10usly excited an interest, and, I


Thought, an apprehension but it quick


ly subsided. | need not detail the evi-


dence that was given for the prosecu-
ton; 1t 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 it to the prisoners possession,


or even knowledge.


When the case was closed, the learned
judge addressed the counsel. for the


prosecution, said he thought there was


hardly sufficient evidence to call upon


the prisoner for his defense; and if the
jury we're Of that opinion, they would at
| once stop the case. Upon this Observa-


tion from the judge, the jury turned
round for moment and then intimated
their acquiescenCe in his lOrdship's view


of the evidence. The counsel folded
up their briefs, and verdict of acquit-
tai was about to be taken, when the
prisoner addressed the court. He urged
the jury to permit him to state his case
| to the jury, and to call his hOusekeeper,
with so 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 the request.


The prisoner than addressed the jury
| and entreated their patience for q short
tod 10 |,
never could feel satisfied to be acQuit-
ted merely because the evidence was


not conclusive, and pledged himself, in
a very short time, by the few Observa-
tions he should call, to obtain their yer
| dict upon much higher grOunds-upOn


the imp0ssibility 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 produced in court; and


he asked, could the fact of its being


found in his house, only few days


ago, when hundreds of people had been


there, produce upon an impartial mind


even a mOmentary prejudice against


Aim One fact, and one only, has been
proved, to which it was possible for
| him to give an answer-the fact of his
| 11ft Ah$- SOAlO w GllC bCu 1UbIA VI HIS
| hOusekeeper on the night in question.
| He had been subject, for many years


of his life, to sudden fits of illness; he


had been seized with one on that Occa-


sion, and had gone to her to procure her


assistance In lighting fire. She had


returned with him to his room for that


purpose, he having waited for minute


in the passage while she put on her


clothes, which would account for the


momentary disappearance Of the light !;


and after she had remained in-his room


for 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. It had been said


that, after his cOmmittal to prison, his


hOusekeeper had disappeared. He


avowed that, finding his enemies de-


termined, if possible, to accomplish his


ruin, he had thought it probable they


might tamper with his servant he had,


therefore, kept her out of the way; but


for what purpose? Not to prevent her


testimony being given, fOrsshe was now


under the care of his solicitor, and


would instantly appear for the purpose


of confirming, as far as she was con


Cerned, the statement which he had
just, made.


/ Such was the prisoners address


which produced a powerful effect. It


was delivered in a firm and impressive


manner, and its simplicity and artless-


ness gave it al appearance Of truth


The hOusekeeper was then put into the


box and examined by the counsel fol


the prisoner. According to the custom


at that time almost universal, Of exclud,


ing witnesses from court until thei1


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 nothing remarkable in hel


manner or appearance; she might be
about thirty five, or little more, with


regular though not agreeable features
|, and an air perfectly free from embar.


rassment. She repeated, almost in the
! prisoners own words, the story he had
, told of his having called her up, and
; her having accompanied him to his
room, adding that, after leaving him
she had retired to her own room and
had been awakened by the man servant
in the morning with an account of the
travellers death.


She had now to undergo cross-ex.
, animation and may as we'll state here
that which, though not known to me
till afterward, wifi assist the reader il
VI understanding the following scene
, The counsel for prosecution had, in hi
:. own mind, attached considerable i'm
portance to the circumstances men


toned by the witness who saw the
, light, that while the prisoner and tht
h0usekeeper were in the room of tht
| | former, something like a door had in
r tervened between the candle and thu


window, which was totally irreconeila
= hln with the anI,aaronca Of the pAnn
when examined; and he half persuaded
1 himself that there must be a secre
closet which had escaped the search o
l the officers of justice, the opening o
= which would account for the appearance,
q alluded to, and the existence of whicl
!; might discover the property which hat
3 so mystepiously disappeared. .,-si..
nj His object, therefore, was to 0btaiI
: from the housekeeper [the only person
/. except the prisoner who could give an,
r clue to this such information as h
: could get, without alarming her by an,
2 direct inquiry on the subject, which, a
(; she could not help seeing its impor
i tance, would have led her at once to
e positive denial. He knew, moreover
: that as she had not been in court, sh
e could not know how much or how 1ittI
i the inquiry had brought to light; an
: by himself treating the matter as i'm
V material he might lead her to GGnside
n it so, also, and by that means adIa5


forth all. that she knew. After som
: unimportant questions, he asked her i
l. o tone aud manner calculated rather t
It awaken confidence than to excite dis
d trust: '~.
nj During the time you were in MI
n Smiths room, you stated that the can
% die stood on the fabln in the eantnT r