POETRY.
THE Tl-IR.EE VVARNINGS.
BY Mus. 'rmt.-iLn.
The tree of deepest root is found
Least willing still to quit the ground.
‘Twas therefore said by ancient sages,
That love of life increased with years
So much, that in ottr latter stages,
VVlien pains grow sharp, and sickness rages,
The great.est love of life appears.
This great aflectioii to believe,
\Vhich all confess, btit few perceive,
If old assertions can’t prevail,
Be _pleased to hear a modern tale.
\Vl1eu sports went round, and all were gay
On neighbor Dobsozi’s wctlding-tlay,
Death called aside tltejocttnd groom
\Vith him into another room;
And, looking grave, “You must,” says he,
“Quit your sweet bride, and come wvith me.”
“\Vith you l atid qitit my Susaii’s side!
\Vitl1 you l” tlte hapless liusband cried ;
“Young as I am L’ ’tis monstrous ltard l
Besides, in truth, I’m not prepared:
My thoughts on other matters go,
’ This is my wedding—night you know.”
\Vhat more he urgedil have not heard:
I _IIis reasons could not well be strong?
So Death the poor delinquent sparEt.l,
, And left to live a little longer.
- Yet, calling up a seriotis look,—
His hour-glass trembled while he spoke,-—
“Neighbor,” he said, “farewell! no more
Shall Death disturb your mirthfttl hour :
,,And further, to avoid all blame
Ofcrttelty upon my name,
To give you time for preparation,
And lit you for your future station,
Three several wartiings you shall have,
Before you’re sumtnoned to the grave.
\Villing for once I’ll quit tny prey,
_ And grant a kitid reprieve,
l In hopes you’ll have no more to say,
' But, when I call again this way,
\Vell pleased, the world will leave.”
To these conditions both consented,
And parted, perfectly contented.
J
_-‘ I
\Vliat next the hero of our tale hefell.
How long he lived, how wiscly,—atitl how well
It pleased him, in his prosperous course,
To smoke his pipe, and put his horse,—--
Tlte willing muse sltall tcll ;—-
'IIc cliallered then, he l)Utlf_{i'1l, he sold,
Nor once pct'ccivc<l his growitig old,
Nor thought ofDeath as near;
I'Ii.-3 friends not false, his wife no slirew,
'v Many his gains, his children few,
He passed his hours in peace.
out, while be viewed his wcaltli increase,-
'liile thus along life's dusty read
he beaten track content he trod.——
)ld Time, whose ltaste, no mortal sp=.1t‘e.~;:.
ncalled, unliceded, unawarcs,
Brought on his cightieth year.
And now, one night, in musing mood,
.s all alone he sate,
I he ttuwelcotne X1]-1):’-SE3i‘tg(‘l' offate
Once more before him stood.
I~I-alfkillcd with a:igcr and .‘5‘tll'pI‘l!‘.‘t?,
‘So soon returned l” old _l)obsi)t1 ci‘it.-s,
“So soon, d’ve call it. I” Deatlt l‘t.‘l)li(‘7< :
‘_Surclv, my friend, “you're but in jest:
~— Since I was here before
Tis six-:.in:.l—tliirty years at, least,
_~‘xud you are uo'.'.' foursc'ore."
“So much the worse 5”’ the clown rejoiticd. :
‘To spare the aged would be kind:
iesales, you })l'()t‘.‘tii§i‘£l me tl rce v.'ztritings,
Vluch I have looked lbr iitglus and mornings.”
“I l—:now,” cries Death, “that, at the best,
seldom am a welcome guest;
at dou’t be captions, ll'iClltl, at least :
little tliougct yot_t'd still be able
0 stump about vour farm and stable:
our vi:ar:~' have run to :t gt"-.~-:tt lt.-ttgtli :
wi.-:li vou joy, lllI’l‘i'.Q'i1, of \_onr strt‘-tigili.
"I'Iold E" says the f;trtttet', "not. :0 fast:
have been lame those four ytiats past."
.s.~ . . i it t)... t
-~.nd no ._tt....t v.on'..er, ...it.i lt.p its.
lowcver, you still l-zeep yottr cyt-"4;
rid sure, to see one-'.<. li.vvc.~: anal lrt.e:‘id.<,
‘or legs and arms would make amends.”
l’ei-linp.=_:,” s:iy:,- Do‘:i._<oii, “so it maglit;
ut. l'ttterl 7 I’ve lost. niv .. .
!('~,).I.t.: .‘..'.t .
"Pitts is a stiocamg >lt)l‘. , faith,
"at the;e's sotnc comfoit, still," says Death 2
Each strives your rs:-ulttes.-' to 1111111556 :
A warran‘t vott lzcar all the new
“I "' ,.' . LL. ]'‘j;,- ‘V’!
There s none, c.ie.~, .ie , ant , it ti..1c were,
3 ' . , . 17
in orrown so deal I could not lltfzll.
‘Nail, then,” the spectre stern t‘citiit‘ictl,
“Tltcsc are l.ll.'tl'C2i.S0fl.'ll>l(‘. ‘,'O.'lt‘liill£§.s'2
fyou are lame, and deaf, and blind,
You’ve had your three SUll'lt',‘l{,‘l]l wzirattigs :
So come along; no more we"ll part,"
He said and tottclted him with lus dart:
And new old Dobson, turnizig pale,
Yields to his fate so ends my title.
1 ICE 1,‘,
C§.?tI.'°olEt?JA L 003) ‘C.
'1
. T1
-5-
la*_r4..n<.~u..~ -1- Juana- -
‘\.
' INTEllEf".“ING TRIAL.
" {.~tP'1‘t:it FP.O.‘.I'1‘IIi:_\’0'1‘1C-IJOOK. or .1 DXSCELASEE)
L.-i‘-.v ‘1'I~)1’..
ONE of the most extraordinary and most in-
resting trials of which I find any account in
y note-book, took place in the Northern Cir-
it, very little less than fifty years ago. It is
structive in many points of view. To those
_ho believe that they see the finger of Provi-
ence especially pointing out the murderer, and
uiding, in a slow but unerring cottrse, the foot-
eps of the avenger of blood, it will afford inat-
r of deep meditation and reflection. To those
‘he think more lightly upon such sitbjects; to
ose whom philosophy or indifference has
tight to regard the passing current of events as
liding on in asmooth and uurull'letl channel,
aried only by the leaves which the chatice
xinds may blow into the stream, it will offer
ed for grave contemplation. However they
ay smile at the thotiglit of Divine interposition,
iey will recognise in this story another proof of
to’ wisdom of the sage of old, who said, that
‘lien the Gods had determined to destroy a man,
iey began by depriving him of his senses, that
s, by making him act as if he had lost tliem.——
‘o the inexperienced in my pirofc-ssion it will
each a lesson of prudence, tiiore forcible than
"en thousand arguments could inake it; they
will learn that of which they stand deeply in
need, and which scarce any thing but dear-bouglit
experience can eiiforce—to rest satisfied with
success, without examining too nicely how it has
been obtained, and never to hazard a defeat by
pushing a victory too far. “Leave well ulmze”
rt. maxim which a wise iriziit in every situation
flifc will do \V(:ll to observe; bttt if a bai‘t'ist.er
liopes t.o rise to ctiiirietice and distinction, let. him
ave it deeply cngravcn on tlietablet of his
memory.
In the year 1’/——,.lolin Smith was ittdictcd for
he wilful Inttrder of I-Icury Thomson. The
':.tse was one ol a most extraordinary nature,
rid the interest excited by it was almost tin-
paralleled. The accused was a getttlernau of
considerable property, residing upon his own
estate, in an tuifreqticnt.ed part of shire. A
person, suppposed to be an entire stranv_:or to
him, had, ‘late in a summcr’s day, I‘(:(1U(:Slf:‘f,l and
Obtained shelter and hospitality for the night.—
He had it was suppo:-.=ed, after taking sortie sliglit
refreshment, retired to bed in perfect. health, rc-
questing to be awakened at an early ltour the
ollowing morning. \Vltcri the servant appoin-
cd to call him-entered his room for tbatpurpose,
ie was found in his bed, perfectly dead; and,
rotn the appearance oftbc body, it was obvious
hat he had been so for many hours. There
vas not the slightest mark of violence on his per-
on, and the countenance .retaiued the same ex-
)l‘(‘-SSIUH which it had home during his life.-—
‘reat consternation was, of course, excited by
-have here stated, a verdict was returned to the
BY ‘V-E?" 63° E5:-jig‘ _ PRI.\'ClI’L1£S AND :.zx2N. $2 PER ANNUIU,
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p—.—-v. , ;-at-y ,- ,-Ix. -,. , _...-.....—... ..¢_.« ..,....,-.,i_.‘,.......,.-,_.,.,..,,,_,,
tttatie, first, as to who the stranger
secondly, as to how he met: wit
Both were itnst.tccessful. As to the" fortner, no
iulbruiation could be obtaincd—iio cluc discov-
cred to lead to the ltriowlctlgc eitltci-of his ttutnc,
his person, or his occupation. He had arrived
on liorseback, and was seen passing throttgli ti
iieigltboring village about an hour before he
reaclicd the house where his existence was so
‘mysteriously terminated, btit could be traced no
farther. Boyontl this all was conjecture.
\Vitlt respect to the death, as little could be
learned as of the dead man; it was, it is trite,
’sttddcn—awl'iilly sudden; but there was no rea-
son, that alone cxceptctl, to suppose that it was
caitsed by the hand of man, rather than by the
hand of (}lo~:.l. A coroner’s jury was of cottrse
suinmoned; and after ati invcst.igati<.)ii, in which
little more could be proved than that whit.-lt I
ell}.-ct that the deceased died by the 'L‘l'..$'I.t'(£~"./'()7I. of
God. Days and weeks passed oti, and little
fttrtlter was known. In the tueau time, rttmor
had not beeii idle; sttspir.:iotis, vague, indeed,
and uiitleliiietl, bill. of a dark and fearful cliarat-.-
tcr, were at first wliispercd, and aftcrwart.lshold-
ly expressed. The precise object of these sits-
picious was not clearly itidicatcd; seine impli-
(.‘Lll.t.‘t,l one person, sotne anotlter; bitt they all
pointed to Smith, the master of the house, as
concerned in the tlcatlioftlic stranger. As usual
in such cases, circumstances totally ttticonticc-
ted with the transaction in question, matters tita-
ny years antecedent, and relating to other per-
sons, as well as other times, were used as aux-
iliary to the present charge. The character of
Stnitli, in early life, liatl been exposed to much
ob.~:~ervatiou. \Vliilc his father was yet alive, he
had left his native country, involved in debt,
known to have been guilty ofgreat irrcgttl:.irities,
and Sll$.pCCl(,‘tl of bciiig not ovcrscruptilous as to
the mode of obtaining tltose supplies of money
of wlticli he was cotttitiually in want, atid which
he seemed somewltat inexplicably to procure.
Ten years atid more had elapsed since his
rctttrn; and the events of his youth had been
litzgtitttiii by mztuy, and to many were entirely
unknown; but, on this occasion, they wt-re re-
vivcd, and, probably, with cousitlerable atlditious.
Two moutlis after the tlcatli of the strattgcr, a
gcntleutau arrived at the place, llll1)l‘£!.f_$t'tl with
i1l.‘t‘llt.‘l‘ll!lll he xvas his l;-rotlicr, and sccltiiig for
ittlhriiiatititi either to <-onlirm or refine his sttspi-
cions. The horse and the clothes of the unfor-
tunate man still l‘L‘l]l:lll1Ctl, and were itisttitttly
t‘cct.tgriisct.l : one otlu>.r test there wa.-,<, though it
was ttitccrtaiti whether that would lead to titty
positive conclusion; the exatnination oftlic hotly.
The test was tried; and although (lC‘(f()lD[)-'):5lll0ll
had gone on rapidly, yet enough rein:tizict_l to
idciitify the body, wlticli the bi'otltcr did most
satisfactorily. .-‘I.:: soon as it was known that
there was a person t'llllli()l‘l'[.C(.l by rcl;.:tiottsbip to
the tleceiisetl to itiqttirc itito the cause of ltis
death, and, ifit. should appear to have lineti oth-
orwis-:.~ tli:.in uzittii-:tl. tn l:ll\'(: strips liir lJl‘l!l'_'lii:_[
tojtisticc tlio-‘c wlio lltttl l‘:t‘(‘!1 cottr-criictl in it,
the reports which had l‘.f‘.“l) prcviousl_',«' flozuing
idly abottt, and circulated without. ltaving any
distinct object, vcre collected into one cliittiiicl,
un:l poLt:‘etl into his ear. \Vli:it those reports
were, at.td what they :II110tIHl(.'tl to, it is not tic-
cessary licre to mention; sttliicc it to say, that
the brother laitl before the iiiztgistrates ofthe dis-
trict sttclt evidence as itidttccd tlicm to couimit
A.‘-.lr. Smith to coal, to take his trial for the wil-
. V) . .
ful mttrder of Ilenry Thomson. As it was
deemed essential to the attuinuictit of jtt.~;t.ice, to
keep secret the exatiiinatiou of the witnesses
who were produced before the magistrates, all
the iiilbrmation of which the pttblic were in pos-
session before the trial took place, was that wliich
l ltave licrc narrated.
Lortl I'\I:itislicld’s charge to the grand jury
upon the subject of this nittrdcr had excited :1
good deal of attention. He had rccommcutled
"the sullicicncy of the evidence to enstirc a con-
viction, to tltt'o\v ottt the Bill; explaining to
them most jttstly and clearly tliat, in the event
oftlicir doing so, ifauy adtlitional evidence should,
at a future time, be discovered, the prisoner could
agaiti be apprc-licniletl and tried for the olfcnce;
whereas, ifthey found it true Bill, atid, frotit de-
ficiency of proof, he was now actpiittetl oti his
trial. he could never ztgaiti be molested even
though the testimony against him should be
morally as clear as light. The grand jury after,
as w:.t.=s supposed, very considerable dist-t.tssion
amotig tlictnselves, aitd, as was rttinorcd, by a
majority of only otte, returried a true Bill.
Never shall I forget the appearttucc of anxie-
ty cxhibited upon every cotiuteiiatice on the eti-
traucc oftbc Judge into court. In ati instant the
most profottnd silence prevailed; and interest,
intense atid impassioned, though subdued, sceni-
ed to wait upon every word and every look, as
ifdivided between cxpectatioti and doubt, wheth-
er something might not even yet interfere to
prevcutthe extraordinary trial from taking place.
Notliing, however, occtirrcd; and the stillness
Lord Mansftcld—“Lct John Smith be plcttrcil of
flu: /tar.” The order was obeyed; and, as the
prisoner entered the dock, he met oti every side
the eager and anxious eyes of It countless mul-
t.itudc bctit in piercing scrutiny upon his face.—
And well did he ettdurc that sct'tititiy. A mo-
mentary sullitsion covered his checks: but it
was only momentary, and less than might have
been expected from an ititlilfct‘ctit. person, who
found himself on a sut.lt.lcn tithe observed of all
observers.” I-Ie bowed rc.-:pectfuly’ to the court;
attd then folding his arms, seemed to wait ttntil
he should be called upon to cotitmence his part
in that drama in which he was to perform so
conspictiotts a cltaractcr. I find it ilillirmtt to
describe the effect prodttccd oti niv mitid bv his
personal appearcnce; yet his featiircs wcrcinost
remarkable, and are indelibly itnptesscd on my
mt.-mory. He was apparently bctwccn forty
and fifty years of ago; his hair, grown _<_»‘-my Ci-
tlier from toil, or care, or age, iudicatctl ‘an ap-
proach to the latter period; while the strength
and upriglitncss of his ligttre, the liztughty cold-
nessofltis look and an eye that spoke of lire,
and pride, aittl passion, ill concealed, would have
led conjecttue to fix on the foriiicr. His cotiti-
tt.-nartce, at the first glance, appeared to be that.
which we are accttstomed to associate witlidccds
ofliigli and noblc.tlariug; but:t second and more
at l.CtfliV(: examination of tlte face and brow was
less satisfactory. There was, indeed, strongly
marked, the intellect to conceive atid (lr,'\’l.s't-,
sclieiiics of high itiiport; but Ifaiicicd that I
could trace, in addition to it:, caution to C()l'l(.‘t.'-';ll
the deep design, a power to penetrut.c the mo-
tives ofothcrs, and to persouatc a character at
vat iance with his own, and a cunning that in-
dicated r:ottst.aiit wat.clil'ultiess and circi.imspcc-
tion. Firmncss there was, to persevere to tlte
last; but that was equivocal; and I could not
help persuading inyselftliat it was not of that
character whicli would prompt to deeds of vir-
tuous enterprise, or to _f‘scek the bubble reputa-
tion at the cannon’s _mouth;” but that it was
his discovery, and inqni 5 '- i_n'niicdiatcly
rather allied to that qiiality which would “let no
.,, .
I
i
I
was-—-and, '
li hi.-3 dcat:h.—-—« JlIl' rose,” whatever it might be.
.l l a
judge from that alone.
them, if they ent.ert:.titietl rt,-=.isomtl)le doubts of
was broken by the mellow atid silvery voice, of
compunctions visitings of Nature shake his fell
The restill; of
tliis iii\'cst.igatioii into his cliaract.er, such as it
was, obviously ttitfavorablc; and yet there were
monients wliirti I thottght Iliad meted out to
him it hard itiez1si,ti'e ofjustice, and when I was
tempted to acctt:-.'.e myself of ])l’(‘_jI1tllCC in the
opinion I had formed of'bitn; and particularly
when he was asked by the clerk of the arraigns
the usttal question. “Are you guilty or not
guilty ?” as he drew his form up to his fulle.‘-.t
height, and the fettcrs clatiked upon his legs, as
he aitsivercd with uttfaltcritig tongue and tin-
blcncliing check. “Notgttilty,” my heart smote
me for having involiiutarily interpretedagainst
him every sign that was dotibtfiil.-
The cdnscl for the proscctitioii opened ltis case
to the _jttry in it manner that indicated very little
expectation of :1 conviction. He began by im-
ploring them to divest their minds of all that
' they had heard l)('.'il)l‘C- they catne. into 1 box;
he cntreatcd them t.o attend torhe (‘\"lll(.‘l.f;t?, am!
He stated that, in the
course of his experience, which was \'et'y';‘f_,h't7at,
he had tievcr met with a case involved in «leop-
er mystci'y than that itpon which he \‘v'tt;~' then
addressing tltcm. The prisoner at the bar was
a man moving in a respectable station in society,
and maintaining a fair character. He was, to
all appearance, in tiie possessioti of considerable
property, and was above the ordinary tenipta-
tions to cotmrrit so fottl a crime. VVith respect
to the property oftbc der.:e:ised, it was strongly
sitspected that he had either been robbed of, or
in some inexplicable marmer made way with,
gold and jewels to a very large amount; yet,
in candor, he was bound to admit that no por-
tion, ofit, however trifling, could be traced to
the prisoner. As to any motive of malice or
revenge, nottc could by possibility be assigticd;
for the prisoner and the deceased were, as far as
eottltl be asccrtuitiet.l, total strangers to each oth-
er. Still there were mo;-:t cxti'aot'tlinary circitiii—
staiices connected with his death, prcgtiaitt with
stispicioti at least, and itnpc-.1-iously tlinrtatulltig
explattation; and it. was justice, Ito less to the
acctizscd than t.o the public, that the case sliould
ittidergo jitdicial investigation. The deccasetl
'rIt,:nry Tltomsou was a jeweller, residing in
.Ltititltiti, wealthy, and in cotisitlerable bttsiticss;
and, as was the ctistom of his time, in the habit
of personally t-ondiicting his pt'iticipal transac-
tions with the foreign tiicr<:hants with wlioiu ltc
tradctl. He had trtivellod mticli in the course
his littsitiess in Gertiiany and Ilollaud; and it
was to meet at Hull a trader oftlic latter natiott,
of whom he was t.o make a large pttrcltasc, that
he had left. London a tnotitlt before liis death.——
It would be proved by the landlord ofthe inn
wlicrc. he had resided, that he and his correspon-
dent had been there: and a weztlthy jcwcllcr of
the town, wellacquttiiitctl withbotlt parties, had
seen Mr. Tltoinsoti :.ftcr the dcpartttre of the
Dutchman; and could speak positively to there
lit.-ittg then in ptis.-cssioti jewels of large value,
and goltl. atid L"Pl'l:IlH bills of (J}2('l|fl!!gé, tb.<-- par-
tios H) wlticlt lio coultl tics:-1'il)(3.
tiiorttiug ofTltoiiisou’s tleptirtttre from llull, on
his rctitru to London, and was on the day bttt
one piocceilitig that on which he arrivctl at the
ltottsc of the prisoner. Vhatliad become ofliim
in the interval could not be as-cct‘tz.tiitct,l ; nor was
the pt'i.~.:ottci"s house situated in the road wlticli
he ought to have taken. No rcliciicc, ltowcver,
could be placed on that circumstance: for it was
not at all ttncomtnon for persons who travelled
with property about. them, to leave tltc direct
road even lor a considerable distance, in order
to secure tlicmselves as effectually as possible
li'om the robbers by wliom the remote part.s of
tiie country were gt'eat.ly infested. He had not
been .sceu froitt the time of his leaving Hull till
he reached the village next adjoining Stnith’s
house, and througlt wliich he passed vitbout
Tlii:-' \v,'i.< on the.
the counsel stated; nor was it varied in any
particular.. The stopper was produced, and
proved to be fottnd in the house; but no attempt
was made to trace it t.o the prisoner’s possession
or even to his knowledge.
\Vlten the case was closed, the Judge addres-
sing the counsel for the prosecution, said, he
thoiight there was hardly sttllicient evidence to
call ‘upon the prisoner for his defence; and if
the Jury were of the same opinion they would
at once stop the case. Upon this ()l.IsE‘X“.‘(2llOI]
from the Judge, tltcjnry turned round for a mo-
ment, and then intimated their acquiesence in
in his lords-ltip's view of the evidence. The
counscl. lbldcd t.ip their briefs, and a verdict of
:tcquitt.il was about to be taken, when the pris-
oner atltlressctl the court. He stated, that hav-
ing becn accu'-zed of so foul a crime. as murder,
and having laid his cliaracter assailed by suspi-
cions of the most alllicting nature, that his char-
acter could never be cleared by his acquittal,
upon the groinitl that the cvitlence against him
was inconclusive, without giving him an oppor-
tunity to state his own case, and calling a wit-
ness to counteract the impression that had been
raised against him, by explaining tho.=.c circum-
stances which at present appear dottbtful. He
urged the l(‘ttl’l1Ctl Judge to permit him to state
his case to tltc jury, and to call his hoitsekec-per,
with so iiittch earnestness, and was seconded so
strongly by his counsel. that Lord Mansftield,
though very mttch against his inclination, and
contrary to his usual habit, gave way, and yield-
ed to the fatal request. .
The prisoner thcn addressed the jury, and en-
treated their patience for a short time. He re-
peated to them that he never could feel satisfied
to be acquitted, merely because the evidence
was not conclusive; and pledged himself in u
very short time, by the few observations he
should make, and the witness he sliould call, to
obtaitt their verdict upon much higher grounds,
upon the impossibility of ltis being guilty of the
dreadful critnc. ‘With respect to the insinua-
tions wliicli had been thrown out agaitist him,
llC thought one observation would dispose of
tltetn. Aé;StIl1]ll')g it to be true that. the deceased
died from the cllect of poison, of which he had
called God to witness that he had never heard
either the name or existence until this day, was
not every probability in favor of his itinoccnce ‘.7
Here was a perfect stranger, not known to have
in his possession a single article of value. who
inight either have lost, or been robbed of that
property which he was said to have had at
Ilull. \Vliat so probable as that he should, in
at moment of despair at his loss, have destroyed
liiuisclf.’ The fatal drttg was stated to have
been fan':illiar in those countries in wliich Mr.
'l‘ho1nsot'i had travelled, while to himself it
was utterly unknown. Above all, he implored
the jury to remember, that although the eye of
malice .had watched every proceeding of his,
situ-e the fatal accident, atid ttliottgh the most
minute ‘scrit-tzli had been made, into every part
of llir‘ prr.-iiiioos, no v(-.sti_::c had l)CCl] tllS(.'U\-'(‘.t‘t:(l
oftlie tn:>_<t trifling article. belonging to the dc-
(.'tt;l.‘t'tl, zior had even .'l.I'llll101' been circulated
tJ.iat "poi-on of any kind had been ever in his
posst-ssitl-'11. Of the stopper which had been
foimd, ltc disowned all knowled_{_e; he declared
trio.-st solemnly, that he had never seen it before
it was produced in court; and he asked, could
the fact of its being fottiid in his house, only a
few days ago wlieti hundreds of people had been
there, produce upon an impartial mind even a
momentary prejudice against him? One fact,
and one only, had been proved, to which it was
possible for him to give an answer, the fact of
his having gone to the bed-room of his house-
keeper on the night in question. He had been
subject, for many years of his life to sudden fits
of illness; ltad been seized with one on that oc-
casion and had gone to her to procure hcr assis-
tance in lighting a fire. She had returned with
even a momentary halt. He was seen to alight
at Smit.li’s gate, and the next. morning was dis-
Ct)vct'crl dead in his bed. He now came to the
ttiost cxtt'aordiuat'y part of the case. It would
be proved, beyond the possibility of a doubt that
the tlc.ct.=asctl died by yzoisr.-2t.—p(iisi)ii of a most
sttbtlc ttatiire, most active in its operatioii, and
possessing the wonderful and dreadftil quality of
leaving no external tnark or token by which its
presence cottld be detected. Tlieiugrcdieius of
which it was compo:'-ed were of so scr.ltiti\'e a
natttrct lltat, iitstcat_l oftlie body on which it had ;
been used exhibiting any cotitortiotts, or utztrl-:s
ofsuffcring, it lo‘ ttpoti the features nothing btit
the calm and p c 'd quictofrcpose. Its ellects,
and indeetl its vcrycxistence, were btit recently
known in this country, though it had for some
time been used in other natiotis of Europe; and
it was stipposed to be a discovery of the Gerniztn
chcmits, and to be produced by a powerful dis-
tillation of the seed of the wild cherry tree, so
abtindant in the Black Forest.
But the fact being ascertaiticd, that the cause
of the death was poison, left open the much
uiore momentuous question, by whom was it
adntiiiistercd I It could hardly be supposed to
be by the deceased liimself; there was nothing
to induce sticli a suspicion ; and there was this
important circumstance, which of itself almost
ncvrutivcd its possibility, that no phial, or vessel
of any kind had been discovered, in which the
poison could ltave been contained. \Vas it then
the prisoner who administered it? Before he
asked them to come to that concltision, it would
be necessary to state more distincly what. his
evidence was. The prisoner's family consisted
only of himself, a hottsekeeper, and one man-
scrvant. The man-scrvziiit slept in an out house
atljoining the stable, and did so on the night of
'J.‘liotuson’s death. The prisoner slept at otic
end of the house, and the housekeeper at the
other, and the deceased had been ptit in a room
adjoining the liousekecper’s. It would be prov-
ed, by a person who happened to be passing
by the house on the night in qticstion, about
tltree hours after midnight, that he ltad been in-
duced to rctitain and watch, from having his at-
tcntion excited by the circttmstance of a light
moving about the ltottse at that late hour. Tltat
person’ would state, most positively. that he
cottld distinctly see a figure, holding a light, go
from the room in which the prisotter slept, to the
ltou:~:ekceper’s room, and the light disappeared
for a tiiinttte. \Vltether the two persons went
into Tltotn.-:on’s room he could not see, as the
window of that room looked another way; bttt.
in about. a minute they rcturued, passing quite
along the house to Smith's rootn again ; and in
about five miiititcs the light was extinguished,
and he saw no more.
Such was the address of the counsel for the
prosecution ; and durittg its delivery I had ear-
uestly watched the countenance of the prisoner,
who had list.et1_cd to it with deep attentioti.---
Twice only (lid I perceive that it produced in
him the slightest emotion. VVhen the disap-
pearance of his housekeeper was mentioned, a
smile, as of scorn, passed over his lip; and the
notice of the discovery of the stopper obviously
excited an interest, and, I thought, an apprehen-
sion: bitt it quickly subsided. I need not de-
tail the evidence that was given for the prosecu-
tiou ; it amounted, in substance. to that wliich
him to ltis room for that pttrposc, be having
waited a miiitite in the passage woilc. she put
on her clothes, which would account fcr the mo-
mcitttiry disappcrance of the light ; and after she
had reniaint-d in his room fora few minutes,
finding bimsclfbcttcr, he had tlistni.-zscd her and
' retired again to bed, from which he had not ris-
on when he was informed of the death of his
guest. lt. lnul been said that after his commit-
tal to prison his liousckeeper ltad disappeared.
He avowed that, liiiditig his enimics determin-
vcd, if possible, to accomplish his rttin, ltc had
tliotiglit it probable they might tamper with his
servant; he had therefore, kept her out of their
way; but for what purpose? Not to prevent
hcr testiiuony being given, for she was now tin-
der 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.
Sttch was the prisot1er’s address, which pro-
tlttccd a very powerful effect. It was delivered
in at lirtn and impressive manner, and its sim-
plicity and artlcssness gave to it an appearance
of truth. The housekeeper was then put into
the box and examined by the cottnsel for the
prisoner. According to the custom, at that time
almost universal, of excluding witnesses from
court until their testimony was required, she
had been kept at a house, near at hand, and had
not licard a single word of the trial. There was
nothing remarkable in her maniier or appear-
ance; she might be about tliirty-five, or a little
more; with regular though not agreable fea-
tures, and an air perfectly free from embarrass-
mcnt. She repeated almost in the prisoner’s
own words, the story he had told of his having
called her up, and her havingaccompanied him
to his room, adding that, after leaving him, she
had retired to her own room, and been awal-;cii-
ed by the man servant in the morning, with an
account of the tra\-'eller’s death. She ltad now
to untlergo a cross-exaiiiination ; and I may as
well state here, that Wl1lCl)_. though not known to
tne till afterwards, will assist the reader in under-
standing the following scene:—-The counsel for
the p!'O.;-‘(tcL1'.lOn had attached considerable im-
portant.-c to the circumstance mentioned by the
witness who saw the light, that while the pris-
oner and the hottsekeper were in the room oftbe
former, sometliing like a door had intervened
bcttvccrt the candle and the window, which was
totally irreconcilable with the appearance ofthe
roont when examined and be half persuaded
hintself, that there must be a secret closet which
had escaped the search ofthe ollicers ofjusticc the
opening of which would account for the appear-
ance alluded to, and the existence of which
had so mysteriously disappeared. His object,
therefore, was to obtain front the housekeeper
(the only person except the prisoner who could
give any clue to this) suchinformation as he could
get, without alarming her by any direct. inquiry
on the subject, which, as she could not help see-
ing its importance, 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 enquiry had
already brought to light; and by himself treat-
ing the matter as imniaterial, he might lead her
to consider it so also, and by that means draw
forth all that she knew. After some few unim-
Ln
portaut questions, be asked her, in a tone anti
manner calculated rather to awaken confidence
than to excite distrust,-
During the time you were in Mr. Smith’s
room, you stated that the candle stood on the
table, in the centre of the room ‘I-
Yes.
\Vas the closet, or cupboard. or whatever
you call it opened once or twice, while it stood
there ?—A pau no answer.
I will call to your recollection‘; after Mr.
Smith had taken the medicine out of the closet,
did be shut. the door or did it remain open '3-—
Iile shut it.
Then it was opened again for the purpo_se of
replacing the bottle was it ‘!—It was.
Do you recollect how long it was open the
last time I Not above a tniiiiite.
The dcor, when open, would be exactly be-
tween the light and the window, would it not ".7
-—-It would.
I forget whether you said the closet was on
the right, or left, hand side of the window '.l--—
The left.
\Voi.ild the door of the closet make any noise
in opening?--None.
Can you speak positively to that fact? Have
,you ever opened it yourself, or only seen Mr.
l Smith open it ?——I never opened it myself.
Did you never keep the key l-—-Never.
\Vho did '.’—Mr. Suiiih always.
At this moment the winess chanced to turn
her eyes towards the spot where the prisoner stood
and the effect was almost electrical. A cold
(lam p sweat stood upon his brow, and his face had
lost all its colour; he appeared a living itnagc
of death. She no sooner saw him than she
tsbricked and fainted. The consequences oflter
answers flashed across ltcr niiud. Shebad been
so thoroughly tlteeeived by the manner oftbc. ad-
meats, and by the little itriportance he had seem-
ed to attach to her statements, that she had
been led on by one question to another, t.ill she
had told him all that he wanted to know. A
medical man was imiuediately directed to attend
her; and during the interval occasioned by this
iiztcrruption to the proceedings, the solicitor for
the prosecution left the court. In asliort time
the gentleman who had attended the witness re-
turned into court, and stated that it was impossi-
ble that she could at present resume her place
in the box , and suggested tliatit would be mttclt
better to allow her to wait for an hour or two.--
It was now about. twelve in the day; and Lord
Matistielil, having directed that the jury should
be accommotlated with aroom where they conltl
be kept by themselves, adjourned the court for
two hours. The prisoner was taken back to
gaol, and the witness to an apartment in the
gaoler’s house; and strict orders were given that
she should be allowed to communicate with no
one. except in the presence and bearing of the
pliysician. It was between fottr and five o'clock
when thejudge resumed his seat upon the bench,
the prisoner his station at the bar, and the hottse-
keeper her’s at the Witness box: the Court in the
intcrv’:ll had remained crowded with the specta-
tors, scarce one of whom had left his place, lest
during his absence it should be seized by some
one else. _
The cross-exatnitting counsel then addressed
the witncss—I have very few more questions to
ask of you; btit beware that you answer them
truly, for your own life hangs upon a thread,
Do you ktiow this stopper”:_’—-I do.
To whom does it belong ?—-—To Mr. Smith.
\Vltcn did you see it last ?—-On the night of
Mr. Thomson’s death.
At this moment t:he solicitor for the prosecu-
tion eutered the court, bringing with him iipou a
tray, a watch, two money bags, ajewel-case, a
pocket-book, and a bottle oftbc saute manufac-
ture as the stopper, and having a cork in it; seine
other articles there were in it, not material to my
story. The tray was placed on the table in
sight of the prisoner and the witness; and from
that moment not a doubt remained in the tnind
of any man of the guilt of the prisoner. A few
words will bring my tale to its close. The house
where the murder had been committed was be-
tween nine aud ten miles distant. The solicitor,
as soon as the cross-examination of the house-
keeper ltad discovered the existence ofthe closet,
and its situation, ltatl set offon horse back, with
two slierill"s officers, and, aft.er pulling down
part of the wall oftbc house, had detected this
important place ofocncealntent. Their search
was well rewarded: the whole of the property
belonging to Mr. Thomson was found there,
amounting, in value, to some thousand pounds;
and to leave no ‘room for doubt, a bottle was dis-
covered, which the medical men instantly pro-
nounced to corit.ain the very identical poison which
had caused the death oftlie unfortunate Thom-
son. The result was too obvious to need ex-
ilanation.
The case presents the, perhaps, unparalleled
instance ofa man accused of murder, the evi-
dence against whom was so slight as t.o induce
tlte judge andjttry to concur in a verdict of ac-
quittal; btit who, persisting in calling a witness
to prove his innocent e, was, upon then testimony
of that very witness, conrictcrl and e.7:ecu.ted.
Q?‘
«.4,
TALES UF TIIE SEA.
From the Americrm .Wo72(/ily Ilfagazinc.
FIRE ISLAND-ANA
FROM “A \\’I~‘.IiK AT THE FIRE isL.i.=tns.”
“-—-——-\VH.i'r an infernal lie I” growled
Daniel.
“Have my doiibts;” suggested the someo-
lent Peter Probasco, with all the solemnity ofa
man who knows his situation ; at the same
time shaking his head and spilling his liquor.
“Ila! ha! ha! Ha! ha! ha!” roared all the
rest ofthe boys together.
“Is he done ?” asked Raynor Rock.
"How many shirks was there 1” cried Long
John, putting in his unusual lingual oar.
“That story puts me in mind,” said Venus
Raynor, “about what I’ve hccrd tell of Ebene-
zcr’Smith at the time he went down to the north
pole on a walen’ voyage."
“Now look out for a scretinier,” laughed out
Raynor Rock, refilling his pipe. “Stand by,
Mr. Cypress, to let the sheet go.”
“Is there any thing uncommon about that.
yar‘, Venus?" ’
“Uncomnion! well, I expect it’s putty smart
and oncommon for a man to go to sea with a
bear, all alone, on_ a bare cake of ice. Captin
Smith’s woman used to say she couldn't bear to
think 0n’t,”
“Tell us the whole of that. Venus," said
Ned ;-——“that is ifits trite. Mine was the whole
of it,——altliougli Peter has his doubts.”
“I can’t tell it as well as Zoph can, but I’ve
no ’jections to tell it my way, 110 h0W- 30 h€I‘<'-‘-
goes—-that’s great brandy, Mr. Cypress.”-—
There was a gurgling sound of “son1.et_bi_ng-to
take," running.
“VVell, they was down into Baflin’s Bay, or
some other o’ them cold Morwegen bays at the
North, where the rain freezes as it comes down,
\Vell, the schooner was laycri at anchor, and
all the hands was out into the small boats, look-
en for wales ;—-all except the captin, who said
he wa’n't. very well that day. \Vell, he was
walken up and down on deck, smoken axid
thinken, I expect, mostly, when all of a sudden
be reckoned he see one 0’ them big white bears
-—polar bears, you know—big as thunder-with
long teeth. He reckoned he see one on ‘em
sclitmpen along on a great cake 0’ ice, that lay
pp the leeward side of thel av,up agin the batik.
Ihe old cap. wanted to kill one 0’ them var-
mints most wonderful. but he never lucked to
get a cliatice. Now the‘, he thought, the time
had come for him to walk into one on ’em at
last, and fix his mutton for him right. So he run
forrad and lay hold onto a small skiff, that was
layen near the forc’stal, and run her out and
latiticlied her. Then he tttk a drink, and here's
litck.—.—.and put in a stiff load of powder, and a
couple of balls, and jumped in, and pulled away
for the ice.
“It wa’u‘t long fore he got ’cross the bay, for
it was a narrer piece 0’ water-——not_ more than
halfa mile wide——and then be got out on to the
ice. It was a smart and large cake, and the
bear was ‘way down to the tether end on it, by
the edge o’ the water. So, he walked first
strut along, and theti when he got putty cloast
he walked ‘round catecorued-like,—_-like’s it he
was driven front a plain plover—so that the bear
wonldn’t tltink be was comcn arter him, and be
dragged hinisel_f along on his hands and knees,
low down, mostly. VVcll, the bear didn't seem
to mind him none, and he got tip within about
fifty yards on him, and then he looked so sav-
age arid big-—tlie bear did-that the captin
.~toppcd, and rested on his knees, and ptit up his
gun, and he was a goin to shoot. But just then
the bear turned round and snuffed up the cap-
t:tin—-just as one of Lif‘s hotmds snttffs up an old
buck, Mr. Cyprcss—and begun to walk towards
him, slowly llllt‘. He come along, the captin
said, clump, clnmp, very slow, and made the ice
bend and crack agzn uud-;-r him, so that the wa-
ter come up and ptttty mttch kivercd it all over.
Vell, there the captin was all the time squat
on his knees, with his gun pinted, waiten for
the varnient to come 11 p, and his knees and legs
was most mighty cold by means ofthe write.
that the bear riz on the ice as l was mentionen.
At last the bearsccrned to make up his mind to
sce how the captin ‘u.'0'ttlcl taste, and so he left
off walken slow, and started effort a smart and
swift trot, right towards the old man, with his
mottth wide open, roarcn, and his tail stickcd
out stiff. The captin kept still, looken out all
the time putty sharp, I shotild say, till the beast
get within about ten yards on him, and then he
let him have it. He airried tight at the fleshy
part ofhis heart, but the bear dodged atthe flash,
and rzircd up, and the balls went into his two
bind legs,jist by the jynt, one into each, and
broke thethigh bones smack off, so that he went
right down aft, on the ice, thttnip, on his hind
quztrters, with nothcn standen btit. his fore legs
and his head riz tip, a growieii at the captin.———‘
\Vlien the old man see him down, and tryen to
slide along the ice to get his revenge, likely,
thinks he to himself, tltittks he, I might as well
So he tuk out his knife and opened it. ‘But
when he started to get tip, he found, to his ex-»
tonishuient. that he was fruz fast to the ice.--
Don't laugh: i’ts a fact : tltcrc an't no dotibt.—-
The water, you see. had been rotnid him, 9.
smart 8.I1‘.l long while. wliilst be was waitcn for
the beat‘, and 'it’s wonderful cold in tlit.-m regions,
as I was st-tyeti, and yon’ll freeze in a niinit if
you dou‘t keep movcu about smartly. So the
captin he strained first one leg, and then he
strained tothcr, but he couldn‘t‘ move’em none.
They was both lruz fast. info the ice, about an
inch and a half deep, from knee to toe, tight as
a Jersey eyster perryaugcr on a mud flat at low
water. So he laid down his gun, and looked at
the bear, and doubled up his fists. ‘Come on,
you bloody Varmint,’ says the old man, as the
bear swullopcd along on his hinder‘ eend, comen
at him. I'Ic kept gcttcn weaker, tho,’ and com-
en slower and slower all the time, so that, at
last, he didn‘t seem to move none ; and directly,
when he’d got so near that the captain could jest:
give him :1 dig in the nose by rcachen forrard
ptttty smart and far, the captain see the beast
was fruz fast too, nor he couldn’t move :1 step
fttrther forrard no ways. Then the captin burst
out a langlien, and clapped his hands down on,
to his thighs, and roared. The bear seemed to
be most onmighty mad at theold man’s fun, and
set up such a growlen that what should come to
pass, btit the ice cracks and breaks all around
the captiu and the bear, down to the water’s
edge, and the wind jist then a shifteu, and com-
en off shore, away they floated on a cake of ice
about ten by six, elf to sea, without the darned
a biscuit, or a qitart o’ liqour to stand’em on the
cruise ! There they set, the bear and the captin,
jest so near that when they both reached forrads,
they could jest about touch noses, and nother
one not able to move any part on him, only ex-
ceptcn his upperpart and fore paws.”
“By jolly! that was rather a critical predica-
ment, Venus,” cried Neil, buttoning his coat. "I
sliotild have thought that the captain’s nose and
ears and hands would have been frozen too.”
“That's quite naytrll to suppose, sir, but you
see the "bear kept him warm in the upper parts,
by bein so cloast to hi_m, and breatliin hard and
hot on the old man whenever he growld at him.
Them polar bears is wonderful hardy animals,
and has a monstrous deal ’o heat into cm, by
means of their bein able to stand such cold cli-
mates I expect. And so the captin knowed
this, and whenever he felt chilly, he jest tuk his
ramrod, and stirred up the old rascal, and made.
him rear and squeal, and then the hot breath
would come pouren out all over the captin, and
made the air quite moderut and pleasant.”
“\Vell, go on, Venus. Take _anothe_r horn
first-”
“VVell, there an’t much more on’t. Olfthey
went to sea, and sometimes the wind druv ’em
notlie, and then agin it druv ’ein soutlie, but they
went soutlte mostly; and so it went on, until
they were out aboiit three weeks. So at last,
one afternoon”--— I
“But, Venus, stop; tell us, in the name of
wonder, how did the captain contrive to support
life all this time?”
“\Vhy, sir, to be sure, it was a hard kind ’o
life to support, but a hardy man will get. used
to almost”--—- '
“No, no : what did he eat? what did he feed
on 7” ~
“O—O—I’d liked to have skipped that ere.——
\Vliy. sir, I’ve lieerd dill'erent: accounts as to that.
Uncle Obe Verity told me be reckoned the cap-
tin cut offone of the bears paws, when he lay
stretched out asleep, one day with his jack-knife,
and sucked that for fodder, and they say there’s
a smart deal 0’ nourishment. in a white bear's
foot. But if I may be allowed to spend my
’pinion, Ishoiild say my old man’s account_ is
the rightest, and that’s—‘what’s as follows. You
see after tliey’tl been out three days abouts, they
begun to grow kind 0‘ hungry, and then theygot
friendly, for misery loves company, you know;
and the captin said the bear looked at him sev-
eral times, very sorrowful, as much as_ to say,
‘captin, what the devil shall we do ?’ W911» 0_l18
day they was sitten, looking at each Other. With
the tears ready to burst out 0’ their eyes. Wllell
all of a hurrv, somethin come floppen up out 0’
the water onuto the ice," The, captain looked and
see ifxvas a seal". "The bear‘s eyes kindled tip
as be looked at it, and then the captin said, he
giv him the wink to keep siill. So there they
sot "still as starch, till the seal not thtnken 0’
them“ no more nor if they were dead, walked
right up between ’_em.
~'I‘hen slump l went
down pld vg/hitey’s nails into the fishes flesh, and
the captin run l'nsjack-
knife into the tender loin.
The seal soon got his bitters, and the captain
cut a big httnk oil‘ the tail eend, and put it be-
hind hiin, ottt o”the bear’s reach, andthen he
felt; smart and comfortable, for he had stores
enough for along cruise, though the bear couldn’t_
say so much for himself. ‘
and stands up in the air, on winter Inornenst
like great niountains 0’ ice. all in 5.Y¥£’3li5»-’
’ \
"‘\Ve1l.the bear, bv course. soon run out #1
.-s’? "
«.iutm...:....«
get up and go and cut that ere cretcr‘s tltroat.—— ‘
:.,..._
Norwalk Chronicler