Year: 1873

learned judge, addressing the cOunse
/ for the prosecution, said he thought
! there was hardly, sufficient evidence
to call upon the prisoner for defense
and if the jury were Of opinion they


would at once stop in the case. UDOI
this observation of the judge, the jury
! turned round for a moment and then
intimated their acquiescence in his
Ordships' views of the evidence. The
counsel folded up their briefs, and &


verdict of acquittal was about to bC
taken when the prisoner addressed
the court. He urged the jGdge to per
nit him to state his case to the jury
and to call his housekeeper, with
much earnestuess, and was seconded
sU strongly by his counsel, that Lore


Mansfield, though very much against
his inclination. and contrary to his
usual habit, Te way, and yielded to
their request.


The prisoner then addressed the
jury, and entreated their patience fol
short time. He repeated to them
that he never could feel satisfied to bt
acquitted merely because the evidence
was not conclusive, and pledged him
self in a very short time, by the few
observations he should make, to OBJ
tain their verdict on much higher
grounds-upon the impOSsibility o.
his being guilty.


OF the stopper which had been
found, he disOwned all knowledge
declared most solemnIy 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 d
few days ago, when hundreds of peO.
pie had been there, produce upon an
impartial mind even a mOmentary
prejudice against him. One fact
and only one has been proved, t.
which it WAS possible for 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 Tor many years
Of his life to sudden fits of illness; be
mad been seized with one on that Oc-
casion, and had gone to ner to pro-
cure her assistance in lighting fire.
She mad returned with him to his
room for that purpose, be having
waited in the passage while she put
on her clothes, which would account
Tor the mOmentary disappearance OF
the light, and after she had remained
in the room for few moments, find
ing himself better, he had dismissed
ner. and retired again to bed, from
which he had not risen when he was
informed of the death of his guest.


II had been said that after his COM
INITIAL to prison, his hOusekeeper had
disappeared. He avOwed that, find
ing his enemies determined, if possi-
ble, to accomplish his ruin, he had
Thought it probable they might tam
per with his servant; he had, there
fore, kept her out of the way but for
what purpose? Not to prevent heI
testimony being given, for she was
uOW under the care of his solicitor,
and would instantly appear for the
purpose of confirming, as far as she
was concerned, the statement he had
Just made.


Such was the prisoners address,
which produced a powerful effect. 1t
was delivered in a firm and impress
sive manner, and its simplicity gave
it an appearance of truth. The house,
keeper was then put in the box and
examined by the counsel for the pris-
Oner. According to the custom, at
the time almost universal, of excluding
witnesses from court until their testi-
mOny was required, she was kept at a
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
Jhirty-hve, with regular though moi
agreeable features, and an air perfect
~ free from EN- mbarrassm ent.


She repeated, in the prisoners own
words, the story he had told of his
having called her up, and having &C
;Umpanied him to his room, adding
chat, after leaving him, she had been
awakened by the man servant i'll the
morning with an account Of the trav-
eler's death.


She had now to undergo a cross
examination, and L may as well state
mere, which, though not known to me
Till aittrward, will assist the reader in
understanding the following scene
The counsel for the prosecution had, In
nis own mind, attached considerable
importance 10 the circumstances men
toned by the witness who saw the
light; that while the prisoner and the
nousekeeper We're in tue room of the
former, something like door, had in
Lervened between the door and the
candle and tie window which Was
totally irrecOncilable with the appear
ince of the room when examined ;
aud had half persuaded himself that
there must be secret closet Whic 1
had escaped 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 mysteriOusly
disappeared.


His object. therefore, was to obtain
from the hOusekeeper 1.-THE only per-
son who could give any clue to this, J
such information as he cOul'! get, with
out alarming her by any direct in
quiry 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 az
immaterial, he lightly led her to COLI
slider it 50, also, and by that means
drew forth all she knew. After some
unimportant questions, he asked her
in a tone and manner calculated rath-
er to awaken confidence than 10 excite
distrust.


During the time you were in Mr..
Smiths room you stated that the can
die remained on the table IN the mid
die of the room Yes.


Was the closet, or cupboard, or what
ever you call 1t. opened once or twice
while it stood there ? y pause and
no answer.


l will call it TO your recollection,
After AIr. Smith had taken the medi-
cine out Of the closet did be shut the
door or did it remain open ? He shut
it.


Then it was opened again for the
purpose ofreplacing the bottle, was ii
1t was.


Do you recollect how long it was
open the second time? Not over q
minute.


The doors when open, would be ex-
actly between the light and the win
dow, would it not ? 1t would.


forget whether you said the door
was on the right or left side of the
window? The left.


Would the door make any noise in
opening it ? None.


Can you speak positively Of the
fact? Have you ever opened il your.
self or seen Mr.. Smith open it 4?
never opened it myself.


Did you ever keep the keys ? New,
er.


Who did ? Mr.. Smith.


At this moment the witness happen
ed to turn her eyes toward the spo
where the prisoner stood, and the ef
feet was almost electrical. a cold
damp sweat stood upon his brow hi:
face mad lost all its color he appear.
ed living image of death. She NJ
sooner saw him than she screamed
and tainted. The consequences of hel
answers flashed across her mind.
She had been so thoroughly deceiv
ed by the manner Of the advocate anC
by the little importance he seemed tC
attach 10 her statements, that she haC