"We took it for granted, my lord, that she would be called for the defence," said the counsel for the prosecution. "I beg leave to say that the crown had no right to take that for granted," observed Sir ----; "all that we could wish to get from Miss Tracy could be obtained by cross-examination, or perhaps would appear in her evidence in chief." Judge.--"I think she ought to have been called for the prosecution. Will you proceed?" "Which way did the head-gardener return to his cottage after having left the tool-house?" was the next question. Witness.--"By the house; for the door near the gardener's cottage was ordered to be locked. He could not pass to and fro between the spot where the body was found and the haw-haw, without coming round again by the house, or getting over the hedge or gate." Here ended the examination-in-chief; and as it came to a conclusion, a small slip of paper was handed from the prisoner to his counsel, who read it, and immediately began the cross-examination. "You say that before Mr. Tracy was informed of the fact of the murder, you went down with some of the upper servants and removed the body to the tool-house. At that time did any of you go from the spot where the corpse lay to the haw-haw?" Witness.--"No, Sir: we took up the body as soon as we were sure the man was quite dead, and carried it to the tool-house." "Will you swear," asked the counsel, "that when you afterwards examined the spot with Mr. Tracy, none of you went down to the haw-haw? Remember, Sir, you are upon your oath." Witness.--"I never said nobody went down. Perhaps they might. I don't recollect." Counsel.--"Your memory seems to halt very strangely. Will you swear that one of the men did not go down and look over the hedge into the haw-haw to see if there was anybody there?" Witness.--"I believe one of them did; but I am sure I do not recollect who it was." Counsel.--"Oh! Now, Sir, for another part of the subject; and be so good as to be a little sincere; for recollect that you are sworn to tell 'the whole truth,' as well as 'the truth.' You have said that Mr. Tracy ordered the gate near the head-gardener's cottage to be locked. Pray, did he do this of his own mere motive, or was it suggested to him?" Witness.--"It was suggested to him by Mr. Acton, that is to say, Mr. Winslow, who said, that it would be better to lock that gate, and then the men, having to go another way to their work, would not put out any marks that might be upon the ground; and he gave up to Mr. Tracy his own key." Counsel.--"Well, that was not very like a guilty man. Now tell me, was the ground hard or soft at that time?" "Soft, Sir," answered the butler; "for the frost had not long broke up." "Then the marks of all the feet which went about the place would be very distinct?" said the counsel. Witness.--"Why, Sir, there were such a number of them, that they must have cut one another up a good deal."