egretted
his own violence the moment he recovered his self-possession; and,
lastly, that, on his oath (the altercation having occurred six weeks
ago), he had never spoken to the man, or set eyes on the man since.
As the matter then stood, these circumstances were considered as being
unfortunate circumstances for Mr. Dubourg--nothing more. He had his
"alibi" to appeal to, and his character to appeal to; and nobody doubted
the result.
The lady appeared as witness.
Confronted with Mr. Dubourg on the question of time, and forced to
answer, she absolutely contradicted him, on the testimony of the clock on
her own mantelpiece. In substance, her evidence was simply this. She had
looked at her clock, when Mr. Dubourg entered the room; thinking it
rather a late hour for a visitor to call on her. The clock (regulated by
the maker, only the day before) pointed to twenty-five minutes to nine.
Practical experiment showed that the time required to walk the distance,
at a rapid pace, from the stile to the lady's house, was just five
minutes. Here then was the statement of the farm-bailiff (himself a
respectable witness) corroborated by another witness of excellent
position and character. The clock, on being examined next, was found to
be right. The evidence of the clock-maker proved that he kept the key,
and that there had been no necessity to set the clock and wind it up
again, since he had performed both those acts on the day preceding Mr.
Dubourg's visit. The accuracy of the clock thus vouched for, the
conclusion on the evidence was irresistible. Mr. Dubourg stood convicted
of having been in the field at the time when the murder was committed; of
having, by his own admission, had a quarrel with the murdered man, not
long before, terminating in an assault and a threat on his side; and,
lastly, of having attempted to set up an alibi by a false statement of
the question of time. There was no alternative but to commit him to take
his trial at the Assizes, charged with the murder of the builder in
Pardon's Piece.
The trial occupied two days.
No new facts of importance were discovered in the interval. The evidence
followed the course which it had taken at the preliminary
examinations--with this difference only, that it was more carefully
sifted. Mr. Dubourg had the double advantage of securing the services of
the leading barrister on the circuit, and of moving the irrepressible
sympathies of the jury, shocked at his position a
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