Year: 1873

D


the prosecution, said he thought there
was hardly sufficient evidence to call
upon the prisoner for his defence; and
if the jury were of that opinion they
would at once stop the case. Upon this
observation from the judge the jury
turned round for a moment, and then
intimated their acquiescence in his
lordship's views of the evidence. The
counsel folded up their briefs, and a
verdict of acquittal was about to be
taken, when the prisoner addressed the
court. He urged the court to permit
him to state his case to the jury and to
call his housekeeper, with so much earn
estness and was seconded so ably by
his counsel, that Lord Mansfield, tho
very much against his inclination and
contrary to his usual habit, gave way
and yielded to the request.


The prisoner then addressed thejury
and entreated their patience for short
time. He repeated to them that he
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 make, to obtain their
verdict upon much higher grounds
upon the impossibility of his being
guilty of the dreadful crime.


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
a momentary prejudice against him ?
One fact, and only one, has been prov
ed, to which it was possible for him to
give an answer-the fact of his having
gone to the bedroom of his housekeep-
er 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 oc-
casion, 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 a
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 a few minutes, finding
himself better, he had dismissed her,
and retired again to bed, from which
he had not risen when he was inform
ed of the death Of his guest. It had
been said that, after his committal. to
prison, his housekeeper disappeared.
He vowed 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, 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 produced a powerful effect. It
was delivered in firm and impressive
and it's simplicity and artless-
ness gave 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
1t that time almost universal, of ex-
witnesses from court 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-fve or little more, with
regular though not agreeable features,
md an air perfectly free from embar-
rassment.


She repeated, almost in the prison
7r's own words, the story he had told
Of his having called her up, and she
having accompanied him to his room,
adding that after leaving him she had
retired to her own room and had been
awakened by man-servant in the
morning with an account of the tray
eler's death.


She had now to undergo cross-ex-
animation; and I may as we'll state
here, which though not known to me
till afterward, will assist the reader in
the following scene.-I
The counsel for prosecution had in his
own mind attached considerable i'm
portance to the circumstance mention
ed by the witnesses who saw the light,
that while the prisoner and the house
keeper were in the room of the former,