"I must beg the interference of the court in protection of my client," said the prisoner's counsel, in a firm and stern tone; "it is contrary to all practice, and, I must add, contrary to all justice, to allude to imaginary circumstances as facts when there is no intention of proving them, thereby producing an impression upon the minds of the jury most detrimental to a prisoner, without giving the prisoner's counsel a fair opportunity of removing it. Were it not a most dangerous precedent, I should say that I am very glad such a course has been pursued by my learned friend, as, in this case, I am in a condition to rebut his insinuations as well as to disprove his facts; but, reverencing law and justice, and seeing great inconvenience likely to occur hereafter from such a practice, I must most solemnly claim the protection of the court for my client." "The jury will rely only upon evidence," said the judge; "the assertions or insinuations of counsel, unsupported by evidence, are mere wind. The course of alluding even to any circumstance not intended to be proved, I must say, is very mischievous; but I dare say it was in the brief." "I bow to the decision of the court," said the leader for the Crown; "but I can assure my learned friend, that I intended to produce no impression upon the minds of the jury but a just one; and, without at all recurring to the past, I am perfectly prepared to show by evidence that at the time the murder was committed, the prisoner at the bar and the unfortunate Mr. Roberts were engaged in a very sharp dispute about some property left to the former. I have said, gentlemen of the jury," he continued, with perfect tranquillity and satisfaction, "that it would be irrelevant to inquire what could induce a gentleman of the prisoner's rank and pretensions to accept the humble post of gardener in the family of Mr. Tracy. However, the fact that he did so will be established, and in that situation he inhabited a cottage (number 9 in the plan) close to the hedge bordering the Lady's Walk, and was entrusted with a key of the small gate into the grounds (at number 10.) It will be in evidence, gentlemen, that after having been absent for about a month, by Mr. Tracy's permission, during which he had resumed his station, mingled with his own rank of society in London, and fought a duel with Viscount Overton, in which the latter was desperately wounded, the prisoner returned to his cottage at Northferry on the afternoon of the fifth of February, the day of the murder, and almost immediately went out again. It will be shown to you, that the sun was then setting, or had already set, and that he entered the gardens, and took his way towards the very spot where the crime was committed, having in his hand the identical hoe (or one precisely similar) which was afterwards found by the dead body. This will be proved by two witnesses, whose veracity will not, I presume, be impeached. You will soon have it in evidence, that he did not