Year: 1872

ton, and contrary to his usual habit, gave
way, and yielded to the request.


The prisoner then addressed the jury, and
entreated their patience for short time. He
repeated to them that he never could feel sat-
is6ed to be acquitted merely because the evi.
dence was not conclusive, and pledged himself
in very short time, by the few observations
he should make, to obtain their verdict upon
much higher grounds the impossibility
of his being guilty of the dreadful crime:


Of the stopper which had been found, he
disowned all knowledge; declared most SOL
emnly that he had never seen it before it was
produced in court; and he asked, could the
fact of its being found in mis- house only q
few days ago, when hundreds of people had
been there, produce upon an impartial mind
even momentary prejudice against him ?
One fact, and only one, has been proved, to
which it was possible for him to give an an
swer-the fact of his having gone to the bed
room of 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 occasion, and had gone
to her to procure her assistance to light 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 dis
appearance of the light; and after she had
remained in his room for few minutes, find
ing himself better, 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. 1t had been said that, after his
committal to prison, his housekeeper had dis
appeared. He avowed that, finding his enc
mics determined, if possible, to accomplish
his ruin, he had thought it probable they
might tamper with his servant; he had, there
fore, kept her out of the way; but for what
purpose? Not to.prevent her testimony being
given; for she 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 pro-
duced powerful effect. 1t was delivered in
firm and impressive manner, and its sim.
plicity and artlessness gave it an appearance
of truth. The housekeeper was then put into
the box and examined by the counsel for the
prisoner. According to the custom, at that
time almost universal, Of excluding witnesses
from conrt until their testimony was required,
she had been kept at house near at hand,
and had not heard single word Of the trial.
There was nothing remarkable in her manner
or appearance she might be about thirty.five
or a little more, with regular, though not
agreeable features, and an air perfectly free
from embarrassment.


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 vantin the
morning with an account of the travellers
death.


She had now to undergo a cross-examina-
ton and I may as we'll state here that which
though not known to me till afterward, will
assist the reader in understanding the follow
ing scene. The counsel for the prosecution
had, in his own mind, attached considerable
Importance to the circumstances mentioned
by the witness who saw the light; that while
the prisoner and the housekeeper were in the
room of the former, something like door
had intervened between the candle and the
window, which was totally irreconcilable with
the appearance of the room when examined,
and he half persuaded himself that there
must be a secret closet which had escaped the
search of the officers of justice, the opening
of which would account for the appearance
alluded to, and the existence Of which might
discover the property which had so myste-
riously disappeared.


His object, therefore, was to obtain from
the housekeeper (the only person except the
prisoner who could give any clue to this) such
information as he could get, without alarming
her by any direct inquiry on the subject,
which, as she could not hip seeing its impor-
tance, would have led her at once to a positive
denial. He knew, moreover, that as she had
not been in court, she could not know how
much or how little the inquiry had brought to
light and by himself treating the matter as
immaterial, he might lead her to consider it
so, also, and by that means unexpectedly
draw forth all she knew. After some unim-
portant questions, he asked her in tone and
manner calculated rather to awaken conf
dence than to distrust: :.


During the time you were in MIR. Smiths
room, you stated that the candle stood on the
table, in the centre of the room ?"


EYES,"


"Was the closet, or cupboard, or whatever
you call it, opened once, or twice, while it
stood there?"


A pause; no answer.


II will call it to your recollection. After
Mr.. Smith had taken the medicine out Of the
closet, did he shut the door, or did it remain
open ?"


"He shut it,


"Then it was opened again for the purpose
of replacing the bottle, was tt" ~.


at was"


"Do you recollect how long it was open the
last time?'


"Not above minute"


"The door when open would be exactly be-
tween the light and the window, would it
not?"


'It would"


81 forget whether you said the closet was
on the right or left-hand side Of the win
low?"


"The left"


"Would the door of the closet make any
noise in opening?"


"None."


"Can you speak positively as to the fact !?
Have you ever opened it yourself, or seen Mr..
Smith open tt"


81 never opened it myself"


"Did you never keep the keys"


"Never."


"Who did ?"


"Mr. Smith always"


At this moment the witness chanced to
turn her eves toward the snnt where the pris.