Year: 1873

was made to trace it to the prisoners pos
session, or even knowledge.


When the case was closed the learned
Judge, addressing the counsel for the
prosecution, said he thought there was
hardly sufficient evidence to call upon the
prisoner for his defence; and if the Jury
were of the same opinion they would at
once stop in the case Upon this obser
walton from the Judge, the jury turned
round for q moment and then intimated
their acquiescence in his lordship's views
of the evidence The counsel folded up
their briefs, and a verdict of acGuittal was
about to be taken, when the prisoner ad-
dressed the court He urged the Judge
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 prisonerthen addressed the Jury, and
entreated their patience for q short time
He repeated to them that he never could
feel satisfied to be acquitted merely be-
cause the evidence was not conclusive,
and pledged himself in very short time,





to obtain their verdict on much higher
grcnnds-upon the impossibility of his
being guilty of the dreadful crime.


Of the 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
,f
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 answer
the fact of his having gone to the bedroom
OF his housekeeper on the night in Gues-
ton.


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 assistance
in lighting fire. She had returned with
him to his room for that purpose, he hav-
ing waited for Il 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 a few minutes, finding 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
disappeared. lie avowed that, finding
his enemies determined, il possible, to ac-
complish his ruin, he 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, for she was
now under the care of his solicitor, and
would instantly appear for the purpose
of confirming, as far as she was concerned,
the statement which he had just made


Such was the prisoners address, which
produced powerful effect 1t was de-
livered in a firm and impressive manner,
and its simplicity and artlessness give it
an appearance of truth. The housekeeper
was then put in the box and examined by
the counsel for the prisoner According
to the custom, at the time almost univer-
sal, of excluding witnesses from court
until their testimony was required, she
had been kept at u house near at hand,
and had not heard q single word OF the
trial. There was nothing remarkable in
her manner or appearance; she might he
about thirty-five or a little more, with reg
ular though not agreeable features, and
an air perfectly free from embarrass-
ment.


She repeated, in the prisoners own
words, the story OF his having called her
up, and her having accompanied him
to his room, adding that, after leaving
him, she had been awakened by the man
servant in the morning with an account
Of the travellers death.


She had now to undergo a cross-exami-
ton; and | may as we'll state here, which.
though not known to me till afterward,
will aid the reader in understanding the
following scene. The counsel for the
prosecution had, in his own mind, at
tachcd 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 4 door, had
interviewed between the candle and the
window which was totally irreconcilable
with the appearance of the room when ex-
amned; and had half persuaded himself
that there must be 4 secret closet which
escaped the officers of Justice, the opening
of which would account for the appearance
alluded to, and the existence of which
iIllSHJ ulSCoFGI lue property WHlcli H.tti SO
mysterously disappeared.


His object, therefore, was to obtain from
the housekeeper (the only person who
could give any clew to this,) such infor-
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 had 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 un-
suspectedly draw forth all she knew.
After some unimportant questions, he
asked her in a tone and manner calculated
rather to awaken confidence than to excite
distrust.


During the time you were in Mr.. Smiths
room you stated that the candle stood on
the table in the centre of the room ?-Yes


Was the closet, or cupboard VIII atever
you call it. opened once or twice while it
stood there PA pause; no answer.


will call it to your recollection. Alter
Mr.. Smith had taken the medicine out of
the closet did he shut the door, or did it
remain open?-fIe shut it.


Then it was opened again for the pur-
pose of replacing the bottle, was it?-It
was.


Do You recoleet how long it was open
the last time ?-Not above a minute


The door, wher open, would be exactly
between the light and the window, would
it not PIT would


forget whether you said the closet was
on the right Or left hand side OF the Win
dow ?-The ieit.


Would the door make. any noise in
opening itp-None.


Can you speak positively OF the fact
Have you ever opened it yourself or seen
Mr. Smith open it?-I never opened it
myself.


Did you ever keep the keys ?-Never.


Who did ?-Mr. Smith, always.


AT this moment the witness happened
to turn her eyes toward the spot where
the prisoner stood, and the effect was
almost electrical. A cold, damp sweat
stood upon his brow his face had lost all
its color; he appeared a living image of
death. She no sooner saw him then she
screamed and tainted. The consequences
of her answer flashed across her mind.