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clothes, and that they might not be seen, he confessed that he had
hid them in the place where they were found; that it was true he had
denied before the justice that he had changed his clothes, being con-
nious that this was an ugly circumstance that might be urged against
him, and being unwilling to be brought into trouble if he could help
it; and concluded his story with a solemn declaration that he had re-
lated nothing but the truth, without adding or diminishing one tittle,
as he should answer it to God Almighty. Being then called on to
produce his witnesses, the prisoner answered with a steady, composed
countenance, and resolution of voice, "Ile had no witness but God and
his own conscience."
'° The judge then proceeded to deliver his charge, in which he pa-
thetically enlarged on the heinousness of the crime, and laid great stress
on the force of the evidence, which, although circunistantiad only, he
declared he thought to be irresistible, and little inferior to the most
posi-
tive proof: that. the prisoner bad indeed cooked up a very plausible
story, but if such, or the like allegations, were to be admitted, in a
case of this kind, no murderer would ever be brought to justice, such
bloody deeds being generally perpetrated in the dark, and with the
greatest secrecy; that the present case was exempted, in his opinion,
from all possibility of doubt, and that they ought not to hesitate one
moment about finding the prisoner guilty.
°' The foreman begged of his lordship, as this was a case of life and
death, that the jury might be at liberty to withdraw, and upon this
motion an officer was sworn to keep the jury.
1° The trial came on the first in the morning, and the judge having
sat till nine at night, expecting the return of the, jury, at last sent an
officer to inquire if they were agreed in their verdict, and to signify
to them that his lordship would wait no longer for them. Some of
them returned for answer that eleven of their body had been of the
same mind from the first, but that it was their misfortune to have a
foreman that proved to be a singular instance of the most inveterate
obstinacy, who, having taken up a different opinion from them, was
unalterably fixed in it. The messenger was no sooner returned, but
the complaining members, alarmed at the thought of being kept under
confinement all the night, and despairing of bringing their dissenting
brother over to their own way of thinking, agreed to accede to his
opinion, and having acquainted him with their resolution, they sent an
officer to detain his worship a few minutes, and by their foreman
brought in the prisoner not guilty. His lordship could not help ex-
pressing the greatest surprise and indignation at this unexpected ver-
dict; and after giving the jury a severe admonition, he refused to
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