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d of the murdered man. He knew it by the handle being broken near the end. He had no suspicion of Merton having any mischievous intentions, and lay down again to rest. He afterwards heard him pass out of his room, and go slowly up the back-stairs leading to the upper story. Shortly after this he had fallen asleep, and did not hear or see him return. He then described, as Smith had already done, the scene which presented itself in the morning, on his accompanying him into Sir Wynston's bedchamber. The next witness examined was a little Irish boy, who described himself as "a poor scholar." His testimony was somewhat singular. He deposed that he had come to the house on the preceding evening, and had been given some supper, and was afterwards permitted to sleep among the hay in one of the lofts. He had, however, discovered what he considered a snugger berth. This was an unused stable, in the further end of which lay a quantity of hay. Among this he had lain down, and gone to sleep. He was, however, awakened in the course of the night by the entrance of a man, whom he saw with perfect distinctness in the moonlight, and his description of his dress and appearance tallied exactly with those of Merton. This man occupied himself for sometime in washing his hands and face in a stable bucket, which happened to stand by the door; and, during the whole of this process, he continued to moan and mutter, like one in woeful perturbation. He said, distinctly, twice or thrice, "by ----, I am done for;" and every now and then he muttered, "and nothing for it, after all." When he had done washing his hands, he took something from his coat-pocket, and looked at it, shaking his head; at this time he was standing with his back turned toward the boy, so that he could not see what this object might be. The man, however, put it into his breast, and then began to search hurriedly, as it seemed, for some hiding place for it. After looking at the pavement, and poking at the chinks of the wall, he suddenly went to the window, and forced up the stone which formed the sill. Under this he threw the object which the boy had seen him examine with so much perplexity, and then he readjusted the stone, and removed the evidences of its having been recently stirred. The boy was a little frightened, but very curious about all that he saw; and when the man left the stable in which he lay, he got up, and following to the door, peeped after him. He saw him puttin
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