The next witness who was called was 'William Sandes;' and a stout countryman entered the witness-box, with a somewhat heavy, dogged countenance. He deposed as follows:--"I am a labouring gardener in the employment of Arthur Tracy, Esq. I remember the events of the fifth of February last distinctly. I had worked in the garden all day, and at five o'clock in the evening I was returning home with my son behind me. In the walk that leads from the pond of gold-fish--what we call the Temple basin--to the gate by the head-gardener's cottage, I met Mr. Acton, the prisoner at the bar--I did not know he had come back. He had a hoe in his hand--what we call a Dutch hoe. I have seen a similar one in his hands often before. I saw the same, or one very like it, before the crowner's jury--" The prisoner here said aloud, "The hoe was mine." The witness then continued: "Mr. Acton spoke a few words to me and to the boy. I know him quite well, having served under him some months. I can swear it was the prisoner I met. He was going from the gate near his own house towards the basin. He had on a fustian coat with large pockets, such as he generally wore on working days. I did not look at his shoes. I did not hear of the murder till late that evening, when one of the servants from the house came down for the key I have of the gate. He woke me out of bed, and told me a man had been found murdered in the grounds. I went the next morning before the crowner and told all I knew." The witness was then cross-examined.--"What induced you to go before the coroner, when you knew nothing of the murder?" Witness.--"Why the servant, that is, Burwash, the boy, who was sent for the key, said that they all thought Mr. Acton had done it; and so I said, 'Likely enough; for I met him just going down that way.' And then he said I must go before the crowner, for Mr. Tracy had sent for him; and I said I would." Counsel.--"Very kind and liberal on all parts! But now tell me if you were quite sure it was the prisoner. Remember, the sun was down, and it must have been darkish." Witness.--"Not a bit of if. It was quite light, master. I don't think the sun was down. I saw him as plain as I see you." "Pray, how could that be at past five o'clock?" asked the counsel. Witness.--"I did not say it was past five o'clock. It might be a minute or two before." "But what I want to know is, are you quite sure?" continued the counsel; "suppose another man, very like the prisoner, had passed you in the same dress, at past five o'clock on a darkish evening, can you swear that you would have distinguished him from the prisoner at the bar?" "Why, I tell you as plain as I can speak, it was not past five," cried the witness; "it might be a quarter afore, for that matter." Counsel.--"Ah! Then it was a quarter before five, and broad daylight, was it?" Witness.--"Yes, Sir, it was."